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Why were these regs started in the first place?
Phase I Timelines
- Effective on 8/9/03
- EA Determinations between 9/9/03 & 11/7/03
- EA Notifications by 12/7/03
- Registration Tier by 1/6/04
- Full Permit Tier by 3/7/04
- Temporary Registration Permit until 3/7/06
- Up to 3 year Extension
Operation/Facility Types
- Inert Debris Processing
- CDI Transfer/Processing
- C&D Wood Debris Processing
- Emergency CDI Debris Processing
Inert Debris Recycling Center
and CDI Debris Recycling Center
Are construction sites that recycle their C&D subject to the CDI processing
requirements?
- No
- Construction work means construction, remodeling, repair, demolition or
deconstruction of buildings, other structures, roads, parking lots, and
similar paved or covered surfaces.
What if the site accepts off-site debris for recycling into a new structure?
- Regulations allow the importation and use.
- Can’t remain at the site after the construction work is completed.
- Reg prevents processing disguised as construction activities.
Is on-site storage of inert manufacturing debris regulated by the CIWMB?
- Manufacturing not regulated by the Board.
- Only that receive, store, handle, transfer or process C&D debris and inert
debris.
- Regional Board may have authority.
Recycling Centers
What is the difference between Inert Debris Recyclers and Inert Debris
Processing Operations?
- <10% residual waste
- Between tiering and outside the permit tiers
- Storage times DO apply
Is Chipping and Grinding of Inert debris regulated?
- This is a trick question
- Chipping and grinding of CDI debris is not allowed at CDI recycling
centers.
- Source separated inert debris can be crushed and ground at a CDI recycling
center as long as it was not commingled with any other CDI material.
Can an inert debris recycler accept C&D wood if the amount is less than 10%
residual?
- Regs say only Type A inert debris.
- Inadvertently be commingled with inert debris.
- Concrete forms are thrown into an inert debris bin burden of proof
case-by-case basis by the LEA based on impacts to public health, safety and
the environment.
Is mining waste and gangue considered to be inert debris?
- Mining waste is separated into three categories by state water board
- A as hazardous,
- B as designated, and
- C as inert debris”.
- Gangue is a subset of mining waste.
- So, If determined to be inert, it could be considered Type B debris.
- Note: gangue RETURNED to a mine as part of reclamation material sent or
received from off-site, could be subject to the regulations. (Gangue - sand,
rock, and other impurities surrounding the mineral of interest in an ore)
What about Ash: Is it inert debris?
- Ash is also separated into 3 categories by state water board
- A as hazardous,
- B as designated, and
- C as inert debris”.
- If it is determined to be an inert debris by the RWQCB then it would be
type B debris & can be regulated under Article 5.8 - nonhazardous ash regs
Do all inert debris recycling centers have to meet storage limits?
- Not if a Material production facility.
- Which is- most commonly an aggregate operation
- A hot mix asphalt plant
- Portland cement manufacturing facility.
- These sites aren’t going anywhere
I’ve heard that inert debris stored at public agencies must meet storage time
limits. Is this true?
- Yes
- The LEA can allow an extension
How do I determine how long debris has been stored?
- Operators must keep adequate records.
- Inspect incoming and outgoing records to determine the storage time
length.
- Bottom of a pile “last in, first out” rule of pile processing even though
records reflect a turn over of debris within the regulated storage limits.
- As long as there are no public health, safety and environmental concerns.
- LEA focus s/b residual removal, putrescibles, and whether there is MSW on
site.
- The Key is that storage limit non-compliance means disposal – LEA can take
action for illegal disposal.
Who approves the financial assurances mechanism for the storage extension?
- The Board's Financial Assurances Section
If a recycling center exceeds storage limits does it get bumped up to a
permitted facility?
- No.
- Storage extension,
- Or the site is issued a N&O to cease the illegal disposal.
If a site exceeds the storage time limits is the debris considered to be
disposed?
- Yes and no.
- It is considered disposal so that the LEA can take enforcement action
- No. Because the material is disposed only when it reached its final
destination of placement in a permitted disposal facility
- Not if routed to a processing center that recycles it, or
- If it is allowable fill at an inert debris engineered fill operation.
Can an operator lawfully exceed the total amount of material allowed on site?
- No.
- Amount is determined by max tons per day by 30 days
- Full solid waste facilities permit under Article 6.0
Do I have to “approve” the operations plan?
- Yes.
- The EA Notification can be rejected if the plan is not complete and
accurate.
What commingled debris can be accepted at a
CDI recycling center?
- Recycling centers must - have debris separated at the point of generation
- Regs allow commingling in a single container of cardboard, wood and metal.
What is “serial processing”? Should I be concerned with it?
- Site shows less than 10 percent for disposal
- Some materials further processing
- Second location may or may not be regulated depending upon whether it
accepts enough “clean” loads to dilute its residual below the ten percent.
- Incentives to operators to “pass-thru” wastes circumventing the residual
rate
- Check with the 2nd location for their recycling rate
- In writing
CDI Processing Operations and Facilities
What is the difference between the terms:
“C&D waste” and
“C&D debris”?
- 1% putrescibles.
- (C&D Debris: lumber and wood, gypsum wallboard, glass, metal, tile, floor
coverings, window coverings, debris from land clearing activities, cardboard
and other packaging materials, roofing material, plastic pipe, concrete and
fully-cured asphalt, HVAC systems and their components, lighting fixtures,
tools and building materials utilized in the course of construction,
permanently-installed appliances and equipment, permanently-installed
furnishings, and other fixtures.)
Are C&D processing sites at landfills regulated under this Article?
- Not really.
- For existing sites amend RDSI promptly.
- Catch at 5-year review, if not sooner
- If new – review for CEQA
- Not really, because the activity needs to be inspected using the
appropriate SMS for C&D (same as T/P)
- So the activity will need to be identified as a separate unit within the
larger facility
Acceptance of what waste stream commonly kicks CDI processing sites over to the
transfer processing facility regs?
- Any non-C&D mostly - green waste.
- C&D is a drier material than urban green waste.
- Poses lesser impacts than green waste.
Why is green waste prohibited at CDI processing sites when most of the operators
would like to accept the material?
- Landscape debris not considered to be C&D debris.
- Subject to Article 6.0 through 6.35 or
- Compostable Materials regulations.
What if the green waste is part of a demolition project?
- Only commingled plant debris that results from construction work
- (landscaping material bulldozed along with a building and/or parking lot)
- 48 hour removal of putrescible material.
Is Gypsum Wallboard inert? Is it putrescible?
- Generally speaking, mineral gypsum (calcium sulfate) is an inert material.
Its biodegradation can produce significant quantities of toxic hydrogen
sulfide (H2S) gas when buried in landfills. Therefore, gypsum wallboard is not
an inert debris.
- Under anaerobic conditions with moisture, gypsum wallboard can be
putrescible
- (Putrescible Wastes” means solid 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.)
Is neighborhood clean up debris, beach, river and marsh cleanup debris, & cal
trans road side pick up bags considered to be C&D?
- No.
- These wastes are not related to construction work (Neighborhood cleanup
debris typically consists of appliances, furniture, mattresses and box
springs, tires, BBQ grills and other outdoor items, bicycles, lumber, PVC
pipe, and appliances. Beach, river and marsh clean up debris typically
consists of wood, glass, bottles, cans, plastic, metal, fiber, fabric,
cigarette butts, monofilament fishing line, plastic sheeting, tires and
Styrofoam.)
What about street sweeping debris, is it inert?
- No. Doesn’t meet definition of inert debris (Street sweepings are
materials such as sand, salt, grit, and organic material removed from city
streets, parking lots and sidewalks to prevent these materials from being
washed into storm sewers and surface waters, and to improve the appearance of
public roadways. Inert debris does not contain soluble pollutants at
concentration in excess of water quality objectives and do not contain
significant quantities of decomposable waste.)
Is it ever acceptable to have construction contractor office recyclables mixed
with C&D debris?
- Yes, when commingled with C&D
- Otherwise transfer processing.
- C&D definition (D)(2) expressly excludes, commingled office recyclables,
commingled commercial solid waste and commingled industrial solid waste.
- This does not mean that recyclables that are commingled with C&D debris
are excluded from being considered to be C&D debris.
- (Office recyclables: newspapers, other paper, bottle, cans)
Why do we need an Informational Public Hearing for new sites in the
non-conditional Registration tier?
- It informs the public about the proposed facility
- Provides an opportunity for members of the public to express their views
about the project.
- Citizens’ comments may help the EA in its evaluation of the project
- Board directed staff to conduct further analysis on this requirement.
What about AB 1497?
- AB 1497 is independent of these regulations
- For REVISED permits only.
Does source separated material count toward a CDI processing facility’s total
tonnage?
- C&D debris and inert debris are specific types of solid waste. (§17380).
- All material received at the site factors into the total tonnage
calculation
- So, everything through the gate counts as TPD.
Do CDI processing operations have to be identified in the NDFE before the LEA
can process the paperwork?
- Trick Question
- NDFE finding is required in the application for permits, not for EA
notifications.
- All non-disposal facilities should be listed in the Non Disposal Facility
Element
- Then they are subject to the conformance finding requirements and the LEA
can find that the permit application is complete
What is “C&D Like” and why should I be interested?
- Because if the debris does not come from C&D
- It must be from manufacturing or is generally similar and not produce ANY
residual material and no putrescibles.
- Wood covers from cabinet manufacturing – this would be easy to exclude
residuals.
Hey, are garage clean-outs considered to be C&D debris?
- No.
- Is the materials from a home remodeling project?
- Or, is it a junk haul?
- Is the site advertising acceptance of garage clean-out debris?
- Must result in no residual material
What about self-hauls, can they be considered to be C&D loads?
- Yes
- Does the debris come from a C&D site?
- Home remodels?
- Certainly, a (DIY) home remodel bin is sufficiently akin to C&D if limited
to C&D
- No general household garbage.
What possible hazards may exist in C&D debris?
- Aerosol Cans - Hazardous, Liquid, and Special Wastes, T14 section 17407.5; Load
Checking, section 17409.5
- Asbestos - Pre-demolition phase removal, DIR/DOSH (Cal OSHA); Hazardous, Liquid,
and Special Wastes, T14 section 17407.5
- Batteries - Hazardous, Liquid, and Special Wastes, T14 section 17407.5; Load
Checking, section 17409.5
- Caulking Tubes - Partially Spent - Load Checking, section 17409.5
E-Waste - Hazardous, Liquid, and Special Wastes, T14 section 17407.5; Load
Checking, section 17409.5; DTSC
- Florescent Light Tubes - Hazardous, Liquid, and Special Wastes, T14 section
17407.5; Load Checking, section 17409.5; DTSC
- Lead Based Painted Wood - Load Checking, T14 section 17409.5
- Mercury Switches - Load Checking, T14 section 17409.5; DIR/DOSH (Cal OSHA)
Safety Requirements
- Mold - DIR/DOSH (Cal OSHA) Safety Requirements
- Paint Residue in Containers - Hazardous, Liquid, and Special Wastes, T14 section
17407.5; Load Checking, T14 section 17409.5
- PCB Capacitors - Hazardous, Liquid, and Special Wastes, T14 section 17407.5;
Load Checking, T14 section 17409.5; DIR/DOSH (Cal OSHA) Safety Requirements
- Silica Dust - Dust Control, T14 section 17407.4; Hazardous, Liquid, and Special
Wastes, T14 section 17407.5; DIR/DOSH (Cal OSHA) Safety Requirements
- Synthetic (airborne) Mineral Fibers - Hazardous, Liquid, and Special Wastes, T14
section 17407.5; DIR/DOSH (Cal OSHA) Safety Requirements
- Treated Wood (CCA)- Hazardous, Liquid, and Special Wastes, T14 section 17407.5;
Load Checking, T14 section 17409.5' DTSC
- Hazardous Materials - Contractor Recycling or DTSC - also Hazardous, Liquid, and
Special Wastes, T14 section 17407.5; Load Checking, T14 section 17409.5;
DIR/DOSH (Cal OSHA)
Aren’t there health and environmental impacts associated with the grinding of
lead painted wood and concrete?
- Hazardous materials may NOT be accepted.
- If discovered, must separated from other debris
- Prevented through signage and customer education & Load Checking
Should we be concerned with asbestos at these sites?
- Yes
- Hazardous materials may NOT be accepted.
- If discovered, must separated from other debris
- Prevented from receipt through signage and customer education & Load
Checking
- Removal by Asbestos Abatement Contractors
- Private contractors may not employ asbestos protocol
C&D Wood Debris Chipping and Grinding Operations and Facilities
Can wood debris chipping and grinding sites grind asphalt roofing shingles or
other non-wood materials?
- No.
- C&D mulch feedstock does not include mixed C&D debris.
- Otherwise, the site is a transfer/processing facility.
- Or Food material, animal material, biosolids, mixed solid waste, chromated
copper arsenate (CCA) pressure treated wood, wood containing lead-based paint,
Can C&D wood debris chipping and grinding material require application of the
Compostable Materials requirements?
- Yes
- Generates temperatures of at least 122 degrees Fahrenheit. If this is the
case,
- Regulated as a compostable material handling operation or facility, per
Chapter 3.1
Is pallet grinding a regulated activity by the LEA and CIWMB?
- Yes
- Under C&D wood debris chipping and grinding requirements.
What commonly sold wood must never be ground as mulch?
- Chromated copper arsenate (CCA)
- (Section 17383.3. (c)(4) states that the operator shall take adequate
measures through signage, training, load checking, detection systems, and/or
chemical analysis to avoid incorporating any CCA pressure treated wood and
lead based painted materials into C&D mulch. Such contaminated feedstock shall
be stored in a designated area for proper handling and disposition.)
Who determines whether multiple activities should be regulated separately or all
under one permit?
- LEA does.
- Under section 17383.1 multiple wood debris chipping and grinding
activities.
LEA Advisory #39 Issuance of Multiple Permits
- If multiple waste streams, such as C&D wood debris and compostable green
material, are handled at one location or site as determined by the EA, the
site shall be deemed a single site and shall comply with the permitting
requirements of Chapter 3, Article 5.9, Article 6.0 or Chapter 3.1 as
determined by the EA. All material handled at the site shall count toward
determining the appropriate regulatory tier for the operation or facility.
Notwithstanding the above, each separate activity will be required to meet the
State Minimum Standards applicable to the specific waste stream being handled.
What storage time limits do I apply to these multiple facilities?
- If the debris is commingled –CDI processing storage times apply of 15 days
unprocessed / 12 months processed
- Processor with 3 distinct debris streams would have storage times
consistent with the debris stream. Such as:
- Inert Debris -- 6 months unprocessed / 18 months processed
- C&D Wood Debris Chip/Grind -- 30 days unprocessed / 90 days unprocessed
- Green waste Chip/Grind – Within 48 hours of receipt or up to 7 days by
EA determination
Please note this is only an outline of the presentation. If you would
like a CD of the entire LEA/CIWMB Conference including these presentations,
in full,
please e-mail Melissa Hoover-Hartwick.
Agenda
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