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Compostable Materials

Description
Placement of solid waste facilities, operations, and activities operations that handle compostable materials into regulatory tiers, development of associated minimum standards, and adjustment of existing regulations to accommodate the above placement.

Affected Code Sections
Title 14, California Code of Regulations, Division 7, Chapter 3.1

Sections 17850 through 17870, and

Title 14, California Code of Regulations, Division 7, Chapter 5, Article 3.2

Sections 18103.1 and 18227

Implementation Guidance

Rulemaking History
The effort to place these facilities and operations into the regulatory tiers structure continued through winter 1999-2000, with informal scoping sessions. Public workshops held during September 1999 focused on odor monitoring and enforcement at compostable organic materials handling sites, as well as on regulatory concepts for the revision of compostable organic materials handling regulations.

During July and August 2000, in eight venues throughout the state, the Board held workshops to discuss proposed revisions to the regulations. Staff analyzed the information gathered at the workshops and in November 2000 revised the draft regulations accordingly. In December 2000, Board staff solicited feedback from an external working group and, in January 2001, revised the regulations based on this feedback. The Board discussed issues related to this package at its February 20-22, 2001 meeting. At its April 24-25, 2001 meeting the Board directed staff to solicit further stakeholder input and return to the August 14-15, 2001 meeting for consideration of approval to begin a 45-day comment period.

At the August 14-15, 2001 Board meeting staff was directed to initiate a 45-day public comment period for the proposed text (July 2001 version) of the regulations. The comment period ran from March 29 through May 13, 2002. The Board conducted a public hearing at its May 14, 2002 meeting.

At its August 12, 2002 meeting the Permitting and Enforcement Committee directed staff to initiate a 15-day comment period for changes to regulatory text (July 2002 version). The comment period ran from August 29 through September 13, 2002.

At its October 7, 2002 meeting the Permitting and Enforcement Committee directed staff to begin a second 15-day public comment period for changes to regulatory text (October 2002 version).  The comment period ran from October 11 through October 26, 2002.

The Board adopted the regulations at its November 19-20, 2002 meeting. The Office of Administrative Law approved the regulations on April 4, 2003.  The regulations became immediately effective.

Rulemaking Documents

Clean Final Text, April 4, 2003 (Word, 135 KB): Final text approved by OAL on April 4, 2003.

Final Text, April 4, 2003 (Word, 167 KB): Final text approved by OAL on April 4, 2003, with underline/strikethrough indicating changes to existing regulatory text.

Final Statement of Reasons, February 2003 (Word, 146 KB): Updated Statement of Reasons explaining the purpose and intent of the regulations.

Updated Informative Digest, February 2003 (Word, 19 KB): Updated summary of the preceding laws and regulations relating to the regulations and the effect of the regulations.

Response to Comments,  February 2003 (Word, 247 KB): Responses to comments received.
Commenter Index,  February 2003 (Word, 44 KB): A list assigning commenters and comments designated identification numbers to be used in conjunction with the Comment/Response Index.
Comment/Response Index, February 2003 (Word, 156 KB): A list cross referencing comments to responses to be used in conjunction with the Commenter Index and the Response to Comments.

Proposed Text, February 2003 (MS Word, 177 KB): Final proposed regulatory text submitted to OAL for review.

Notice of Second 15-day Comment Period, October 2002 (MS Word, 136 KB): Public notice for second 15-day comment period.

Proposed Text, October 2002 (MS Word, 179 KB): Proposed regulatory text for second 15-day comment period.
Tiered Placement Grid, October 2002 (MS Word, 41 KB): A grid showing where the proposed regulations place facilities and operations in the tiered regulatory structure (e.g., EA Notification, Registration, Full).
Summary of Changes, October 2002 (MS Word, 25 KB): Summary of changes to regulatory text subsequent to first 15-day comment period.

Proposed Text, September 2002 (MS Word, 178 KB): 
Tiered Placement Grid, September 2002 (MS Word, 37 KB): A grid showing where the proposed regulations place facilities and operations in the tiered regulatory structure (e.g., EA Notification, Registration, Full).
Summary of Changes, September 2002 (MS Word, 24 KB): Summary of changes to regulatory text.

Notice of First 15-day Comment Period, August 2002 (MS Word, 137 KB): Public notice of 15-day comment period.

Proposed Text, July 2002 (MS Word, 169 KB): Proposed regulatory text for first 15-day comment period.
Tiered Placement Grid, July 2002 (MS Word, 36 KB): A grid showing where the proposed regulations place facilities and operations in the tiered regulatory structure (e.g., EA Notification, Registration, Full).
Summary of Changes, July 2002 (MS Word, 31 KB): Summary of changes to regulatory text subsequent to 45-day comment period.

Notice of Proposed Rulemaking, March 2002 (Word, 161 KB): Information published in the California Regulatory Notice Register 45 days prior to the end of the public comment period, which references the proceedings, statutory authority, an informative digest describing existing laws, any mandates and the effect of the proposed action on small business.

Initial Statement of Reasons, March 2002 (Word, 107 KB): A statement of the specific purpose and the rationale for the determination that this regulation is necessary to carry out the purpose for which it is proposed. Any alternatives considered and technical documents are also noted here.

Proposed Text, March 2002 (Word 97, 156 KB): Proposed text (July 2001 version) of permanent regulations published for 45-day comment period.

Proposed Text, July 2001 (Word 97, 149 KB):
Tiered Placement Grid, July 2001 (Word 97, 34 KB): A grid showing where the proposed regulations place facilities and operations in the tiered regulatory structure (e.g., EA Notification, Registration, Full).

Tiered Placement Grid, June 2001 (Word 97, 37 KB): A grid showing where the proposed regulations place facilities and operations in the tiered regulatory structure (e.g., EA Notification, Registration, Full).

4th Draft Informal Text, March 2001 (Word 97, 150 KB):
Tiered Placement Grid, March 2001 (Word 97, 36 KB): A grid showing where the proposed regulations place facilities and operations in the tiered regulatory structure (e.g., EA Notification, Registration, Full).

3rd Draft Informal Text, January 2001 (Word 97, 150 KB):
Tiered Placement Grid, January 2001 (Word 97, 36 KB): A grid showing where the proposed regulations place facilities and operations in the tiered regulatory structure (e.g., EA Notification, Registration, Full).

Cover Letter, December 2000 (Word 97, 134 KB): A letter describing the availability of revised rulemaking documents and proposed next steps in the rulemaking process.
2nd Draft Informal Text, November 2000 (Word 97, 127 KB):
Tiered Placement Grid, November 2000 (Word 97, 35 KB): A grid showing where the proposed regulations place facilities and operations in the tiered regulatory structure (e.g., EA Notification, Registration, Full).

Initial Statement of Reasons (preliminary), November 2000 (Word 97, 105 KB): A document containing a preliminary assessment of the condition or problem that this regulation is intended to address and the rationale for the determination that this regulation is necessary to carry out the purpose for which it is proposed. Any alternatives considered and technical documents relied upon are also noted here.

Introductory letter, July 2000 (Word 97, 137 KB)
1st Draft Informal Text, July 2000 (Word 97, 117 KB)
Summary of proposed changes, July 2000 (Word 97, 30 KB)

Last updated: November 01, 2007