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| Part 1 |
ADC, Biomass, Disaster waste,
Hazardous waste, Marine waste,
Regional diversion facility waste, Regional medical waste treatment facility
waste, Restricted wastes |
| Part 2 |
New Programs, Sludge,
Special Waste, Tires, Transformation |
| Part 3 |
The diversion requirement, Rate calculation method,
Establishing an alternate diversion rate |
The following information applies to counting restricted
waste in the original base year, a new base year, or in a reporting year
generation-based study. These criteria are in addition to the “normally
disposed” criterion that applies to all
waste types counted toward diversion. The definitions and criteria described in PRC section 41781.2 for
counting a restricted waste as diversion in the base year basically state that
diversion of the four “restricted wastes” shall not count unless the
jurisdiction provides documentation to the Board demonstrating how it fulfills
the criteria in that section (See the “New Programs” section below).
A December 29, 1993 Board document provides
general guidance on the types of documents that would demonstrate the
information required. A copy can be obtained from your local assistance staff contact. This is not an
exclusive list. If a jurisdiction has
additional documentation they wish to use to substantiate how their diversion
program meets the criteria, staff will consider it in making a
recommendation. Ultimately, the Board
will determine whether or not to accept a diversion claim; staff can only
provide guidance, based on what has been accepted in the past.
Follow guidance provided in PRC section 41781.2 and the
December 29, 1993 Board document. Sources of information regarding restricted waste diversion and disposal
in a jurisdiction include: the jurisdiction’s
Source Reduction and Recycling Element (SRRE), the Board agenda item that
approved the SRRE, the jurisdiction’s files, haulers, solid waste facilities,
local businesses, etc. Restricted waste
analysis can be complex, so if you have any questions, contact your local
assistance staff representative.
The following chart provides three possible scenarios for a
jurisdiction that is establishing a new base year or conducting a reporting
year generation study:
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IF
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AND
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THEN
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“OLD” program (ongoing program that started before
January 1, 1990).
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Can now demonstrate, or have already demonstrated, that
the restricted waste criteria set forth in PRC 41781.2 were met.
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Can
count all diversion of the waste
type by the program claimed for the new base year or reporting year.
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“OLD” program (ongoing program that started before
January 1, 1990).
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Cannot demonstrate that the restricted waste criteria set
forth in PRC 41781.2 were met.
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Can
only count that amount of diversion of the waste type by the program
that is more than what was being
diverted by the program in 1990,
i.e., (new base year or reporting year diversion) – (1990 diversion*) = diversion credit allowed for new base year or
reporting year.
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“NEW” program (Program that started on or after January
1, 1990).
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Can provide documentation demonstrating that the program
is “new.”
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Can
count all diversion of the waste
type by the program claimed for the new base year or reporting year.
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New Programs: A "new" program is a program that started on
or after January 1, 1990. “New”
programs do not have to meet the restricted waste criteria; however, the
jurisdiction must provide documentation that the program is new. A
"new" program is not just a new project
for the same company that was operating the program before 1990 (for example, a
company repairing roads reused asphalt from Avenue A before 1990, and worked on
Avenue Z in the new base year). In
addition, the diversion of a restricted waste should be representative of a
"normal" year for the jurisdiction, e.g., diverting a large amount of C&D
debris resulting from the destruction of an army base in one year would not be
“representative.” 14 CCR sec. 18722 (h)
(2) states:
"A Solid Waste Generation Study shall be representative of all
residential, commercial, industrial and other sources of waste generation in
the jurisdiction. It shall also be
representative of all solid waste source reduction, recycling, composting,
transformation and disposal activities and facilities in the jurisdiction or
used by the jurisdiction and its residents and businesses."
9. Sludge. PRC Sec. 41781.1 and 14CCR Section 18775.2 specify
the conditions for counting the diversion of sludge. The Board’s publication,
"Sludge and Diversion Goal Measurement (Waste Characterization and Analysis Branch
Fact Sheet 13) provides further guidance for counting sludge diversion.
41781.1. (a) Prior to determining that the
diversion of sludge may be counted toward the diversion requirements established under
Section 41780, but within 180 days of receiving such a request, the board shall do both of
the following:
(1) Make a finding at a public hearing, based
upon substantial evidence, that the sludge has been adequately analyzed and will not pose
a threat to public health or the environment for the reuse which is proposed.
(A) Except as provided in subparagraph (B), prior to making the
finding required to be made pursuant to this paragraph, the board shall consult with each
of the following agencies, and obtain their concurrence in the finding, to the extent of
each agency's jurisdiction over the sludge or its intended reuse:
- The state water board and the regional water boards.
- The State Department of Health Services.
- The State Air Resources Board and air pollution control districts
and air quality management districts.
- The Department of Toxic Substances Control.
(B) If, prior to the board making the finding required to be made
pursuant to this paragraph, an agency specified in subparagraph (A) issues a permit, waste
discharge requirements, or imposes other conditions for the reuse of sludge, the agency
shall have been deemed to have concurred in that finding.
(2) Establish, or ensure that one or more of the
agencies specified in subparagraph (A) of paragraph (1) establishes, ongoing monitoring
requirements which ensure that the proposed sludge reuse does not pose a threat to health
and safety or the environment.
(b) It is not the intent of this section to require the board, or
the agencies listed in subparagraph (A) of paragraph (1) of subdivision (a), to impose
additional requirements or approval procedures for sludge or sludge reuse applications,
apart from the requirements and approval procedures already imposed by state and federal
law. It is the intent of this section to require that the board determine that each sludge
diversion, for which diversion credit is sought, meets all applicable requirements of
state and federal law, and thereby provides for maximum protection of the public health
and safety and the environment.
14 CCR Article 7, Section 18775.2:
(a) Jurisdictions that wish to claim diversion of the waste type
"sludge" shall submit a written request to the Board pursuant to PRC Section
41781.1. Within 45 days of receipt of a jurisdiction’s request, the Board shall notify
the jurisdiction in writing whether sufficient information has been included in the
request to enable the Board to make findings pursuant to PRC Section 41781.1. Requests
that are found by the Board to be incomplete, pursuant to the criteria set forth in this
section, shall be revised by the jurisdiction to correct any inadequacy. The Board shall
make the findings required by PRC Section 41781.1 at a public hearing no later than 180
days after receipt of a complete request for sludge diversion credit.
(1) A request for allowing sludge diversion shall include the
following information:
- Description of the selected diversion alternative(s);
- Projected annual quantity of sludge waste to be diverted through
the year 2000.
- Documentation that the waste type "sludge" has been
categorized, quantified, and documented in the applicable "solid waste generation
study" as defined in Section 18722 of this Chapter.
- Written certification from the agent(s) responsible for
implementing the sludge diversion alternative that the intended sludge reuse meets all
applicable requirements of state and federal law. Information upon which the above
certification is based shall be made available to the Board or other state agency upon
request.
- Description of the monitoring program(s) that are in place or
which will be established to insure that the sludge diversion alternative will not pose a
threat to public health or the environment.
- If the sludge diversion alternative receives a permit or is
identified under an existing permit, waste discharge requirements, or has other conditions
imposed by one or more of the agencies specified in PRC Section 41781.1, include the name
of the agency(s) and identify the agency identification code or number for the permit,
waste discharge requirements, or other imposed conditions.
In addition, sludge disposal and diversion can only be counted by
the jurisdiction "hosting" the treatment facility; sludge diversion or disposal
cannot be allocated back to the "contributing" jurisdictions, since it was not a
"solid waste" until treated at the treatment facility.
10. Special waste. Special waste is defined in Board
regulations [Article 3.0, Sec. 18720 (a)(73)] to include:
"any solid waste which, because of its source of generation,
physical, chemical, or biological characteristics or unique disposal practices, is
specifically conditioned in a solid waste facilities permit (SWFP) for handling and/or
disposal."
Some examples of special waste are listed in Board regulations, Article 6.1, Sec. 18722
(j)(8):
"ash, sewage sludge; industrial sludge; asbestos; auto
shredder waste; auto bodies; and other special wastes (like dead animals)."
The definition also states that special waste is:
"…any hazardous waste listed in Section 66740 of
Title 22 of the CCR, or any waste which has been classified as a special waste pursuant to
Section 66744 of Title 22 of the CCR, or which has been granted a variance for the purpose
of storage, transportation, treatment, or disposal by the Dept. of Health Services
pursuant to Section 66310 of Title 22 CCR."
Special waste can be counted toward diversion ONLY if the waste was "normally
disposed" by a jurisdiction in their base year. If a special waste was
"banned" from landfill disposal in the base year, then it does not meet the
requirement of "normally disposed," hence, its diversion does not count.
In a March 13, 2000 letter to jurisdictions, the Board
clarified its policy regarding disposal corrections (deductions) for
non-hazardous designated waste; i.e., waste often sent to Class II disposal
facilities. The Board has since
developed a procedure for jurisdictions wishing to petition the Board for
disposal corrections for non-hazardous designated waste, if the criteria
described below are met:
-
The landfill provides the
jurisdiction with material type-specific disposal tonnage.
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The landfill operator is
prohibited from diverting the material for beneficial use because of a
directive from a Regional Water Quality Control Board, or an Air Pollution
Control District, as applicable.
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The jurisdiction submits
information about the material’s disposal, as outlined in the Board's Reporting
Year Tonnage Modification Request form (section 1, and subsections A.2, 3, 4,
and 14 of section II), including the document from the landfill identifying the
material type-specific disposal tonnage.
Examples of non-hazardous designated waste types that are
often prohibited from being diverted for beneficial use are: auto shredder fluff, contaminated soil, and
non-friable asbestos.
11. Tires. There are no statutes or regulations that
specifically address restrictions on counting the diversion of tires. However, the policy
on when tire diversion can count has been drawn from statutes on transformation and
biomass conversion, and Board regulations addressing "normally disposed" and
"Solid Wastes Countable Towards Diversion."
Specifically, if tires were not "normally" disposed in a jurisdiction’s
landfills in the base year (e.g., if there was a landfill ban against tire disposal), then
diverting tires would not count toward their diversion. Also, 14CCR Sec. 18722 (m) (1)
"Solid Wastes Countable Towards Diversion " states:
For purposes of determining the quantity and types of solid
wastes diverted in a Solid Waste Generation Study, only those solid wastes which are
normally disposed of at permitted solid waste landfills or permitted solid waste
transformation facilities*, and which are allowed to be counted toward the statutory
diversion mandates pursuant to Sections 41781 (a) and (b) of the PRC, as amended, shall be
included.
*Only Board-permitted Waste-to-Energy (WTE) facilities are considered to be
"permitted solid waste transformation facilities", so only tires burned at WTE
facilities in Stanislaus County, City of Long Beach, or City of Commerce would
"count" toward diversion as transformation, and then only toward the 50 percent
diversion goal. However, tires that are burned at other facilities leave gypsum and steel
as by-products. If these resulting materials are diverted, that can be counted toward
diversion (if, of course, gypsum and steel were "normally disposed" in the
jurisdiction’s base year). Also, because tires do not meet the statutory definition of
biomass (PRC Sec. 40106), the burning of tires is not considered biomass conversion.
However, if tires were "normally disposed" as defined in 14CCR Sec. 18720 (a)
(44) in a jurisdiction’s base year, then tires that are diverted from a landfill by
means other than transformation, can be counted toward diversion (e.g., re-treading,
re-capping, or shredding and used as rubberized asphalt).
12. Transformation, as defined in PRC Sec.
40201, will only count toward the year 2000 diversion goal of 50 percent, and only if biomass
conversion is not also counted toward the jurisdiction’s diversion rate;
specifications are described in Sections 41783, 41784, and 41786.
40201. Transformation means: "incineration,
pyrolysis, distillation, gasification, or biological conversion other than composting.
"Transformation" does not include composting or biomass conversion."
41783. For any city, county, or regional agency
source reduction and recycling element submitted to the board after January 1, 1995, the
50 percent diversion requirement specified in paragraph (2) of subdivision (a) of Section
41780 may include not more than 10 percent through transformation, as defined in Section
40201, if all of the following conditions are met:
(a) The transformation project is in compliance with Sections
21151.1 and 44150 of this code and Section 42315 of the Health and Safety Code.
(b) The transformation project uses front-end methods or programs to remove all recyclable
materials from the waste stream prior to transformation to the maximum extent feasible.
(c) The ash or other residue generated from the transformation project is routinely tested
at least once quarterly, or on a more frequent basis as determined by the agency
responsible for regulating the testing and disposal of the ash or residue, and,
notwithstanding Section 25143.5 of the Health and Safety Code, if hazardous wastes are
present, the ash or residue is sent to a class 1 hazardous waste disposal facility.
(d) The board holds a public hearing in the city, county, or regional agency jurisdiction
within which the transformation project is proposed, and, after the public hearing, the
board makes both of the following findings, based upon substantial evidence on the record:
- The city, county, or regional agency is, and will continue to be,
effectively implementing all feasible source reduction, recycling, and composting
measures.
- The transformation project will not adversely affect public health
and safety or the environment.
(e) The transformation facility is permitted and operational on
or before January 1, 1995.
(f) The city, county, or regional agency does not include biomass conversion, as
authorized pursuant to Section 41783, in its source reduction and recycling element.
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