Regulations: Title 14, Natural Resources Division 7, CIWMB

Chapter 3. Minimum Standards for Solid Waste Handling and Disposal

Article 5.9. Construction and Demolition and Inert Debris Transfer/Processing Regulatory Requirements

Section 17381.2. Regulatory Tiers Placement for CDI Debris and Inert Debris Processing Operations and Facilities.

Construction & Demolition and Inert Debris Tier Placement

Note: There are no facilities placed within the Standardized tier.

Section 17382. Excluded Operations.
(a) The following activities do not constitute CDI debris processing, or chipping and grinding operations or facilities for the purpose of this Article and are not required to meet the requirements set forth herein:

(1) Containers used to store C&D debris or inert debris at the place of generation.

(2) Locations where 15 cubic yards or less per day of separated for reuse material is handled.

(3) Grading or clearing of land that is consistent with local ordinances.

(4) Chipping and grinding of lumber or other wood material which meet any of the following criteria:

(A) The chipping and grinding activity handles materials derived from and applied to lands owned or leased by the same person, including a parent or subsidiary of a corporate owner; or

(B) Handling any combination of green material, additives, amendments, compost, or chipped and ground material that does not exceed 500 cubic yards on-site at any one time; or

(C) The activity is located at the site of biomass conversion as defined in PRC section 40106 and is for use in biomass conversion at that site; or

(D) The activity is part of a silvicultural operation or a wood, paper, or wood product manufacturing operation; or

(E) The storage of bagged chipped and ground material.

(b) Nothing in this section precludes the EA or the board from inspecting an excluded activity to verify that the activity is being conducted in a manner that qualifies as an excluded activity, or from taking any appropriate enforcement action, including the use of a Notice and Order. The burden of proof shall be on the owner and operator to demonstrate that the activities are excluded pursuant to this section.

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 40053, 43020, and 43021 of the Public Resources Code.

Section 17383. State Minimum Standards.
(a) This section sets forth minimum standards that apply to CDI debris processing, inert debris processing and C&D wood debris chipping and grinding operations and facilities.

(b) All small, medium and large CDI processing operations and facilities, inert debris processing operations and facilities and small, medium and large C&D wood debris chipping and grinding operations and facilities shall meet the State Minimum Standards requirements of CCR, Title 14, Division 7, Chapter 3.0, Article 6.2 and sections 17406.1, 17406.2 of Article 6.1 and 17414 of Article 6.3.

(c) In addition, medium and large CDI debris processing facilities, inert debris processing facilities and medium and large volume C&D wood debris chipping and grinding facilities shall meet the State Minimum Standards requirements of CCR, Title 14, Division 7, Chapter 3.0, Article 6.35.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 43020 and 43021 of the Public Resources Code.

Section 17383.1. Multiple Wood Debris Chipping and Grinding Activities.
All operations and facilities that receive lumber or wood material and mechanically reduce the material in size are subject to regulation under either Chapter 3 (Minimum Standards for Solid Waste Handling and Disposal) or Chapter 3.1 (Composting Operations Regulatory Requirements) and shall be further regulated as follows: 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.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 440053, 43020, and 43021 of the Public Resources Code.

Section 17383.2. Activities at Solid Waste Facilities.
(a) C&D wood debris chipping and grinding operations and facilities and CDI debris and inert debris processing operations and facilities are not required to obtain a separate permit or meet the notification requirements of this Article of the activity is occurring at a facility that has a full solid waste facilities permit and the permit authorizes the activity either through a specific condition in the permit or as described and approved activity in a Report of Facility Information.

(b) Notwithstanding, C&D wood debris chipping and grinding activities when located at a solid waste facility which has a full solid waste facilities permit shall satisfy the requirements of sections 17383 and 17383.3 (b) through (k) except if material is used on site.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 40053, 43020, and 43021 of the Public Resources Code.

Section 17383.3. C&D Wood Debris Chipping and Grinding Operations and Facilities.
(a) C&D wood debris chipping and grinding operations and facilities conduct chipping and grinding activities to produce C&D mulch. Authorized chipping and grinding activities do not produce active compost, but mechanically reduce the size of lumber and other wood material to produce C&D mulch. The C&D wood debris chipping and grinding operation or facility shall satisfy the appropriate tier requirements. A small volume C&D wood debris chipping and grinding operation shall comply with the EA Notification requirements set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100 et seq. A medium volume C&D wood debris chipping and grinding operation shall comply with the Registration Permit tier requirements set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100 et seq. A large volume C&D wood debris chipping and grinding facility shall comply with the Full Permit tier requirements set forth in CCR, Title 27, Division 2, Subdivision 1, Chapter 4, commencing with section 21563. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. Except as otherwise specified in this section, small volume C&D wood debris chipping and grinding activities shall comply with all requirements applicable to small volume CDI debris processing operations, medium volume C&D wood debris chipping and grinding facilities shall comply with all requirements applicable to medium volume CDI processing facilities, and large volume C&D wood debris chipping and grinding facilities shall comply with all requirements applicable to large volume CDI debris processing facilities.

(b) All of the following requirements for the storage and stockpiling of C&D mulch feedstock, material being processed and finished C&D mulch apply:

(1) Unprocessed feedstock may be stored on site prior to processing up to 30 days. Unprocessed feedstock stored for more than 30 days shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304.

(2) C&D mulch shall be removed from the site within 90 days from processing. C&D mulch stored for more than 90 days shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304.

(3) If the temperature of the unprocessed feedstock or C&D mulch reaches 50 degrees Celsius (122 degrees Fahrenheit), then the site shall be regulated as a compostable material handling operation or facility, as set forth in Chapter 3.1 commencing with Article 1, section 17850.

(4) The maximum amount of material that may be stored on the site, including unprocessed material, material that is being processed, and material that has been processed, is that amount which is the product of 30 days multiplied by the maximum amount of incoming material permitted per day.

(5) Storage time limits may be extended in accordance with sections 17384(a) (Land Use Entitlement), 17384(b) (Storage Plan), and 17384(c) (Financial Assurances) of this Article.

(c) All the following requirements for the inspection of C&D mulch feedstock apply:

(1) The feedstock shall undergo load checking to ensure that physical contaminants in the feedstock are reduced to no greater than 1% of total feedstock, by weight. Load checking shall include both visual observation of incoming loads of feedstock and load sorting to quantify the percentage of contaminating materials.

(2) A minimum of 1% of daily incoming feedstock volume or at least one truckload per day, whichever is greater, shall be inspected visually. If a visual load check indicates a contamination level is potentially greater than 1%, 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% of total weight.

(3) Upon request of the EA, the operator shall take a representative sample of feedstock, shall collect and weigh physical contaminants, and shall calculate the percentage of physical contaminants in the sample.

(4) The operator shall take adequate measures through signage, training, load checking, detection systems, and/or chemical analysis to avoid incorporating any chromated copper arsenate (CCA) pressure treated wood and lead based painted materials into C&D mulch. Such contaminated feedstock shall be stored in a designated area for handling and disposition.

(5) The operator's employees shall be adequately trained to perform the activities specified in this section.

(d) Operations and facilities producing C&D mulch shall maintain all records demonstrating compliance with this section.

(e) All C&D wood debris chipping and grinding activities shall minimize odor impacts.

(f) 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. Fire lanes shall be provided to allow fire control equipment access to all operation areas. These requirements are in addition to the requirement for a Fire Prevention, Control and Mitigation Plan described in sections 17386(a)(19), 18223(a)(19) and 18223.5(a)(20).

(g) If C&D debris other than C&D wood debris is accepted at the site, the site shall be regulated as a CDI processing operation or facility under this Article or under the Transfer/Processing Regulatory requirements (commencing at section 17400), as appropriate.

(h) Should the EA have reason to believe that a C&D wood debris chipping and grinding material handler is engaging in other activities that constitute or are deemed to be disposal, the burden of proof shall be on the owner and operator of the site to demonstrate otherwise.

(i) Each operator of a small volume C&D wood debris chipping and grinding operation shall file with the EA, together with its application for an EA Notification, an Operation Plan (as more fully described in section 17386 of this Article). Each operator of a medium volume C&D wood debris chipping and grinding facility shall file with the EA, together with its application for a Registration Permit, a Facility Plan (as more fully described in Article 3.2, section 18223 of this Chapter). Each operator of a large volume C&D wood debris chipping and grinding facility shall file with the EA, together with its application for a Full Permit, a Facility Report (as more fully described in Article 3.2, section 18223.5 of this Chapter). The information contained in the Plan or Report shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, section 18101.

(j) Where the public may have access to them, the debris piles and other piles of materials on site must be stable and otherwise configured so as to protect the public health and safety.

(k) Each operator shall determine the weight of all material received at the operation or facility for handling and shall maintain records of the weight of materials in accord with State Minimum Standards. Weight shall be determined by the use of scales which may be located at the operation or facility or off-site.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 40053, 43020, and 43021 of the Public Resources Code.

Section 17383.4. Small Volume Construction and Demolition/Inert Debris Processing Operations.
All small volume CDI debris processing operations shall comply with the EA Notification requirements set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100. These operations shall be inspected quarterly by the EA to verify compliance with minimum standards. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. The operator shall specify the operation's boundary area in the operating record.

(a) CDI debris stored for more than 15 days that has not been processed and sorted for resale or reuse shall be deemed to have been unlawfully disposed and therefore subject to enforcement action, including the use of a Notice and Order as provided in section 18304.

(b) CDI debris that has been processed and sorted for resale or reuse, but remains stored on site for more than one year, shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304.

(c) The maximum amount of material that may be stored on site, including unprocessed material, material that is being processed, and material that has been processed, is that amount which is the product of 30 days multiplied by the maximum amount of incoming material permitted per day.

(d) Storage time limits may be extended in accordance with sections 17384(a) (Land Use Entitlement), 17384(b) (Storage Plan), and 17384(c) (Financial Assurances) of this Article

(e) Residual material shall be removed from the site within 48 hours or at an alternate frequency approved by the EA.

(f) Each operator of a Small Volume CDI Processing Operation shall file with the EA, together with its application for an EA Notification, a Small Volume CDI Processing Operation Plan (as more full described in Article 3.2, section 17386 of this Article). The information contained in the Plan shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, section 18101.

(g) Where the public may have access to them, the debris piles and other piles of materials on site must be stable and otherwise configured so as to protect the public health and safety.

(h) C&D Mulch that is not compostable material produced at a small volume CDI processing operation must meet all requirements of a small volume C&D wood debris chipping and grinding operation, including the storage limits.

(i) Each operator shall determine the weight of all material received at the operation for handling and shall maintain records of the weight of materials in accord with State Minimum Standards. Weight shall be determined by the use of scales which may be located at the operation or off-site.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 40053, 43020, and 43021 of the Public Resources Code.

Section 17383.5. Medium Volume Construction and Demolition/Inert Debris Processing Facilities.
All medium volume CDI debris processing facilities subject to this Article shall comply with the Registration Permit tier requirements set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100 et seq.

(a) The amount of residual in the C&D debris and type A inert debris shall be less than 40% of the amount of such material by weight. The residual amount is calculated on a monthly basis. Facilities which do not meet the 40% residual requirement of this subsection shall obtain a Full Permit and shall comply with the requirements applicable to a Large Volume CDI Debris Processing Facility. If the EA determines that a Medium Volume CDI Debris Processing Facility has exhibited a pattern and practice of failing to comply with the provisions of this subsection, the EA shall take appropriate enforcement action.

(b) CDI debris stored for more than 15 days that has not been processed and sorted for resale or reuse shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304.

(c) CDI debris that has been processed and sorted for resale or reuse, but remains stored on site for more than one year, shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304.

(d) The maximum amount of material that may be stored on the site, including unprocessed material, material that is being processed, and material that has been processed, is that amount which is the product of 30 days multiplied by the maximum amount of incoming material permitted per day.

(e) Storage time limits may be extended in accordance with sections 17384(a) (Land Use Entitlement), 17384(b) (Storage Plan), and 17384(c) (Financial Assurances) of this Article.

(f) Residual material shall be removed from the site within 48 hours or at an alternate frequency approved by the EA.

(g) Each operator of a medium volume CDI processing facility shall file with the EA, together with its application for a Registration Permit, a CDI Processing Facility Plan (as more fully described in Article 3.2, section 18223 of this Chapter). The information contained in the Plan shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Chapter 5. Article 3.0, section 18101.

(h) Medium volume CDI debris processing facilities shall be inspected monthly by the EA in accordance with PRC section 43218. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals.

(i) Where the public may have access to them, the debris piles and other piles of materials on site must be stable and otherwise configured so as to protect the public health and safety.

(j) C&D Mulch that is not compostable material produced at a medium volume CDI processing operation must meet all requirements of a medium volume chipping and grinding operation, including the storage limits.

(k) If a medium volume CDI processing facility exceeds any combination of the following limitations, which are more fully described in this Section 17383.5, three (3) or more times within any two (2) year period which the EA determines constitutes a violation of this Article, the facility no longer qualifies for a Registration Permit under this section. Upon the third such violation, the EA shall notify the operator in writing that the facility no longer qualifies for a Registration Permit, and the operator must within 30 days apply for a Full Permit as if it were a large volume CDI processing facility pursuant to Section 17383.6. In addition, the EA shall issue a cease and desist order pursuant to Section 18304 directing, among other things, that the operator immediately cease accepting material at the site until the operator has demonstrated to the EA that it has corrected the violation and eliminated the cause of the violation. The limitations to which this subdivision applies are:

(1) Maximum amount of residual specified in Subsection 17383.5(a).

(2) Maximum tonnage received per day as specified in Subsection 17381(t)

(3) Maximum amount of material on site as specified 17383.5(d).

(l) Each operator shall determine the weight of all material received at the facility for handling and shall maintain records of the weight of materials in accord with State Minimum Standards. Weight shall be determined by the use of scales which may be located at the facility or off-site.

Note:

Sections 17383.6-17386

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