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- The two terms “source separated”/”separated for reuse” establish one
requirement known as the 1st Part of the three-part test and clarifies that
recyclable materials and CDI debris are different from municipal solid waste (MSW). To pass this
test, it must be demonstrated that the material has not been mixed with other
waste types prior to receipt at a operation or facility.
- The restriction of 1 percent putrescible wastes is recognition of the
fact that putrescible wastes can pose a significant risk to public health,
safety, and the environment and, therefore, any site receiving putrescible
wastes should be appropriately regulated. The appropriate set of regulations
for sites transferring or processing putrescible wastes are the MSW transfer/processing
regulations. As it is infeasible to require 0%
putrescible the threshold of 1% is used. However, any amount of putrescible
material that creates a nuisance is not allowed at CDI
debris sites.
- CDI debris processing facilities may accept debris only from
certain sources, specifically from construction and demolition sites, but
also from the manufacturing of materials from construction work, such as
wood leftovers from cabinetmakers or truss manufacturers as well as
leftover debris from other manufacturers of construction material. The
subsection also limits putrescibles to zero and does not allow any
residual waste, thereby making this subsection more stringent than
requirements for traditional recycling centers.
Expanded Definition of “Processing”
[14 CCR 17381(v)]
- This requirement was added at the March 18, 2003, Board meeting
(transcript page 203-206). The expanded definition of “processing”
includes four new terms, “chipping, grinding, shredding or baling.” This
definition clarifies the activities that constitute processing.
- Although CDI debris recycling centers may shred or bale as a
routine activity, including these activities in the definition will not
change operation procedures or facility placement in the permit tiers,
as transfer only of CDI debris to disposal is not specifically
prohibited in this regulation.
- This provision was added at the direction of the Board to require
that EAs employ surprise and random inspections. Although not required
in current regulations, Board staff guidance to EAs has been that
inspections should be unannounced and random, and that is the common
practice.
- This regulation mandates that current practice. The purpose is to
increase the effectiveness of inspections, that is, to reduce the
likelihood that an operator will “dress up” the facility for the sake
of the inspection, rather than always conducting operations consistent
with state and local requirements.
- Weight records based on scale measures are required only at
medium volume CDI facilities.
- The Board imposed this requirement on only medium-volume
CDI debris processing facilities. Those facilities must
obtain a Registration permit. This requirement imposes a 40%
limitation on a monthly basis on residual material received by an
operator. In effect, it obligates the operator to recycle 60% of
the incoming tonnage received per month by weight. The EA must
take appropriate enforcement action should the operator exhibit a
pattern and practice of failing to comply with this requirement.
This enforcement action would result in the operator being
required to obtain a full permit pursuant to section 17383.5(k).
See “three strikes”.
- With the addition of 17383.5(k) the operator of a medium
volume CDI debris processing site operating under a
Registration permit would be required to apply for a full permit
if the EA finds three violations of any of the criteria that
allows the site to qualify for a registration permit with in a
two-year period. These criteria include the maximum amount of
residual material sent off site for disposal (40%), the amount
of material allowed on site at any one time (maximum of 5250
tons), and the maximum amount of daily tonnage (175 tons/day).
This requirement also indicates that the EA shall issue a cease
a desist order that a minimum requires the operator to cease
accepting material until the noted violation(s) has been
corrected.
- This requirement is designed to address situations where an
operator may go beyond the limits of the tier requirements. This
situation may become a chronic with the operator repeatedly 3
times within 2 years. This requirement specifies the maximum
amount of times permits limits could be surpassed and the
specific results of this situation. This requirement sets a
standard for determining when a site is required to move to the
next higher tier permit reflective of the changed and expanded
operations at the site.
- In summary in the standard required the following:
- Three violations of tier limits with in two years requires
moving to next tier
- EA shall require that no additional waste to be accepted
until operator returns to tier limits
- Operator must apply for a full permit.
- With the addition of 17383.10, the EA is required to
provide an informational hearing if there has not been one,
which met the listed criteria, one year prior to the receipt
of a complete and correct application for a Registration or
Full permit. The hearing could be in conjunction with
another hearing if the EA participates and it meets the
criteria. The EA can require the operator to pay for the
expenses associated with the hearing. The hearing must meet
the following criteria.
- Notice consistent with Government Code 65091(a-c)
- Notice to governing body of jurisdiction (city or
county) and Assembly and
- Senate districts in which the facility is located
- With in five miles of facility or as close as possible
- Day and time of hearing will enable attendance by
residents
- Additional measures for notice may also be undertaken
to other interested persons
- The EA is also obligated to provide evidence that the
notice and hearing was conducted to the Board.
- This provision was added at the direction of the
Board to facilitate the EA’s role in promoting worker
safety at sites subject to these regulations. Injury and
Illness Prevention Programs (IIPP) are required of
employers pursuant to Title 8 CCR 3203. Current Board
regulations for MSW transfer/processing operations and
facilities require that the IIPP be maintained in the
site’s records and be available for inspection by the EA
(this requirement does not apply to other types of
facilities the Board regulates.) In the case of
C&D/Inert debris processing facilities, the Board felt
it appropriate to emphasize the importance of the IIPP
by requiring it to be submitted with the operator’s
application for a permit. The Board recognizes that
worker safety is exclusively within the jurisdiction of
the California Division of Occupational Safety and
Health (DOSH). Indeed, some might argue that AB 1220
would preclude the Board from imposing this requirement.
Nonetheless, the Board determined that requiring the
IIPP in the operator’s application for a permit will
help focus the operator’s attention on the importance of
the IIPP.
- The greatest risk to public health and safety and
the environment arising from CDI debris
processing activities is fire. The Board decided to
impose more stringent fire prevention requirements on
such activities to address their greater risk of fire.
The requirements are as follows:
- Description of the measures the operator will
take to prevent fires and to control and
extinguish fires at the site;
- Identification and description of the
equipment the operator will have available (on
site and readily available off-site) to control
and extinguish fires;
- Description of the measures the operator will
take to mitigate the impacts of any fire at the
site to the public health and safety and the
environment;
- Description of the arrangements the operator
has made with the local fire control authority
having jurisdiction to provide fire prevention,
control and suppression;
- Discussion of the ability of the local fire
control authority to suppress fires at the site in
light of the authority's personnel, expertise and
equipment, the availability of water, access to
the site and to flammable materials on the site,
the nature of flammable materials on site, the
quantity and dimensions of materials on the site,
and the potential for subsurface fires in
accumulations of flammable materials on the site.
- Evidence that the operator has submitted the
plan to the local fire control authority for
review and that the authority has found it to be
in compliance with the authority's applicable
requirements.
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