Partnership 2000

Phase I Proposed Construction and Demolition and Inert Debris (CDI) Processing Regulations

Agenda

C&D/Inerts History of Events

July–August 1997

• Three informal workshops held in Redding, Sacramento, and Diamond Bar.

September–October 1998

• Draft regulations noticed on October 16, 1998, 45-day comment period initialed.
• Public comment period extended to December 28, 1998.

September 1999

• The Board voted 4-0 not to adopt the proposed C&D/I regulations December 2000.

December 2000

• The Board approved a two-phase approach to develop the C&D/I regulations--separate transfer and processing regulations from disposal regulations.

January 2002

• The Board directed staff to formally notice the proposed C&D/I transfer/processing operations and facilities regulations.

Comment Period 

• 45-day comment period began on May 31, 2002 and ended July 15, 2002
• Public hearing was on August 12, 2002 in Sacramento

August 2002

• Phase 1 Public Hearing
• Staff direction to outline policy issues and potential solution

Why a C&D Regulation Package?

• Because the Board told us to
• The regulations may assist in helping Jurisdictions meet their AB939 goals
• Accommodates recycling industry stakeholders
• Because the debris is heavier than municipal solid waste (MSW)
• Because they need longer storage limits for market fluctuations

4 Issues for September

• Tonnage threshold for the Full Permit Tier
• "Debris" vs. "Waste" in C&D definition
• C&D debris defined by source vs. nature
• <%10 residual at CDI Processing Operations and Facilities

Plus 1 More Issue

• CDI operations and facilities in California have largely been operating without benefit of regulatory oversight by the enforcement agency (EA) since 1994 because of Advisory #12, March 28, 1994, “Permitting of Non-traditional Facilities”.
• Board staff now strongly recommend implementation of the proposed set of regulations in a timely manner.

And Another One for Good Measure

• Advisory #39 for Multiple Facilities
• Statue governing the CM regulations
• Non compostable materials
• Current version of draft regulations & non C&D source debris

Statutory Authority

40191. (a) Except as provided in subdivision (b), "solid waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. (b) "Solid waste" does not include any of the following wastes:  (1) Hazardous waste…(2) Radioactive waste…[or] (3) Medical waste…

Part Tests

• First test is source separated and separated for reuse material only.
• Second test is <10% residual material.
• Third test is the <1% putrescible material.
• Fourth test is “separated at the point of generation”.

What does "separated for reuse” and “source separated” mean?

Section 17402.5 (3) "Separated for Reuse" means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes materials that have been "source separated".

(4) "Source Separated" means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

What is “residual” material?

Section 17402.5 (1) "Residual" means the solid waste destined for disposal, further transfer/processing as defined in section 17402(a)(30) or (31) of this Article, or transformation which remains after processing has taken place and is calculated in percent as the weight of residual divided by the total incoming weight of materials.

1% Putrescible--What is “putrescible”?

Section 17402 (21)  "Putrescible Wastes" include wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, vectors, gases or other offensive conditions, and include materials such as, but not limited to food wastes, offal and dead animals. The EA shall determine on a case-by-case basis whether or not a site is handling putrescible wastes.

Putrescible waste shall not cause a nuisance, as determined by the EA.

CDI Recycling Centers and “Deconstruction”

Deconstruction is the reverse of construction. It is a process to carefully dismantle or remove useable materials from structures, as an alternative to demolition. 

It maximizes the recovery of valuable building materials for reuse and recycling and minimizes the amount of waste landfilled.

Deconstruction options include:

Taking the building apart to reuse lumber, windows, doors, and other materials.

C&D Definition

“Construction and Demolition (C&D) Debris" means source separated or separated for reuse solid waste and recyclable materials, including commingled and separated materials, that result from construction, remodeling, repair, demolition or deconstruction of buildings and other structures (collectively, “construction work”) that are not hazardous, as defined in CCR, Title 22, section 66261.3 et seq., and that contain no more than 1% putrescible wastes by volume calculated on a monthly basis and the putrescible wastes do not constitute a nuisance, as determined by the EA. (excerpt)

CDI Recycling Centers

• Outside permit tiers
  • no tonnage limit
  • no State Minimum Standards
• storage limits:
  • 30-day unprocessed
  • 1 year processed
• storage plan may be required
• tests:
  • must meet 1-3 Tests
  • plus 4^th part “separated at the point of generation”

Inert (Type A) Debris Recycling Centers

• Outside Permit Tiers
  • no tonnage limit
  • no state minimum standards
• storage limits:
  • six months unprocessed
  • 18 months processed
• storage plan may be required
• tests:
  • must meet 1-3 Tests
  • commingling “OK”

Small Volume CDI Processing Operation

• EA notification required
• incoming tonnage under 100 tons per day
• state minimum standards
• storage limits:
• 30 days unprocessed
• 1 year processed
• plan required
• tests:
  • must meet 1 and 3 tests
  • commingling “OK”

Medium Volume CDI Processing Operation

• registration permit required
• incoming tonnage at 100 tons per day (TPD) up to 500 TPD 
• state minimum standards (SMS) apply plus facility SMS
• storage limits:
• 30 days unprocessed
• one year processed
• plan required
• tests:
  • must meet 1 and 3 tests
  • commingling “OK”

Large Volume C&D/I Operation

• full permit required
• incoming tonnage at 500 tons per day or more
• state minimum standards apply plus facility SMS
• storage limits:
• 30 days unprocessed
• 1 year processed
• report required
• tests:
  • must meet 1 and 3 tests
  • commingling “OK”

Small Volume C&D Chipping & Grinding Operation

• EA notification (non permit) required
• incoming tonnage under 200 tons per day
• state minimum standards apply
• storage limits:
• 30 days unprocessed
• 90 days processed
• plan required
• tests:
  • must meet 1 and 3 tests

Medium Volume C&D Chipping & Grinding Facility

• registration permit required
• incoming tonnage 200-<500 tons per day
• state minimum standards apply plus facility SMS
• storage limits:
• 30 days unprocessed
• 90 days processed
• plan required
• tests:
  • must meet 1 and 3 tests

Large Volume C&D Chipping & Grinding Facility

• full permit required
• incoming tonnage 500 tons per day or more
• state minimum standards apply plus facility SMS
• storage limits:
• 30 days unprocessed
• 90 days processed
• plan required
• tests:
  • must meet 1 and 3 tests

Chipping and Grinding of C&D Mulch vs. CDI Processing Material & Compostable Materials

Issues

• What is C&D mulch?
• Incoming feedstock--wood only or mixed with asphalt roofing shingles, etc.
• Chipping and grinding (C&G) at recycling centers?
• Is there a point-over to the compostable materials (CM) regulations?
• Chromated copper arsenate (CCA) treated wood and C&G
• Storage limits of C&G materials (see next slide)

Calculations for Storage

A small volume C&G facility accepts 100 tons per day. 100 tons per day x 30 (days) = 3000 tons total on site.

If, for example: 1000 tons are unprocessed--or being processed, the facility may keep this material up to 30 days.

And: The other 2000 tons can be processed material that can stay on-site for 90 days.

However, the site may not exceed 3000 tons of any combination of material on site at any one time without an approval of alternative (see section 17384 (c)(d) & (e))

Inert Processing Operation (Type A)

• EA notification (non permit) required
• incoming tonnage under 1500 tons per day
• state minimum standards apply
• storage limits:
• six months unprocessed
• 18 months processed
• plan required
• tests:
  • must meet 1 and 3 tests

Inert Processing Operation (Types A & B)

• full permit required
• incoming tonnage at 1500 tons per day or more
• state minimum standards apply plus facility SMS
• storage limits:
• Six months unprocessed
• 18 months processed
• report required
• tests:
  • must meet 1 and 3 tests

Draft Construction and Demolition and Inert Debris Disposal Regulations

C&D/Inerts History of Events

• In April 2002, the Permitting and Enforcement Committee gave approval to notice the draft Phase II regulations.
• Board staff hopes to notice this package in in early October 2002.

Inert Debris Engineered Fill Operations

• EA notification
• certified engineer
• quarterly inspections
• state minimum standards apply (except cover, gas and fire)
• need operation plan 
• must have a productive end use
• tests: must meet part tests 1, 2 & 3
• no CIWMB fees
• no disposal reporting
• no closure & postclosure maintenance required
• no financial assurance requirements

Issues to Ponder

• allow <%1 putrescibles?
• above ground disposal
• passive compaction
• deed notification
• shredded tires
• WDR’s and inert disposal restrictions
• exclusions
• dimensional lumber 1% by volume at inert debris (type A) disposal Facilities
• fencing

Inert (Type A) Debris Disposal Facility

• registration tier
• must meet all other requirements of a solid waste disposal facility SWDF
• tests: must meet part tests 1 & 3

C&D/I Disposal Facility

• full permit tier
• must meet all other requirements of a solid waste disposal facility SWDF
• tests: must meet part tests 1 & 3

Questions? 

Construction and Demolition/Inert Debris web site

C&D Regulations Updates

CIWMB Contacts

Allison Reynolds, C&D/Inert Regulations Facilitator, (916) 341-6803

Georgianne Turner, Supervisor, Permitting & Inspections, (916) 341-6336

Mark de Bie, Manager, Permitting and Inspections, (916) 341-6331

Bob Holmes, Regulations Coordinator, (916) 341-6376

Michael Bledsoe, Legal Counsel, (916) 341-6058

Agenda

Last updated: November 01, 2007