§ 17376. Definitions.
14 CA ADC § 17376BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Barclays Official California Code of Regulations Currentness
Title 14. Natural Resources
Division 7. Department of Resources Recycling and Recovery
Chapter 3. Minimum Standards for Solid Waste Handling and Disposal
Article 5.8. Nonhazardous Ash Regulatory Tier Requirements
14 CCR § 17376
§ 17376. Definitions.
For the purposes of this Article:
(a) “Air District” means Air Pollution Control District or Air Quality Management District.
(b) “Disposal” means:
(1) final deposition of nonhazardous ash onto land.
(2) stockpiling of nonhazardous ash onto land for a combined period of time greater than six months when located for use at the site of a transfer/processing operation(s) unless the RWQCB in consultation with the enforcement agency authorizes nonhazardous ash to remain within the operations area for a period of time greater than six months.
(3) disposal does not include the use of nonhazardous ash for cover material at a solid waste landfill. Notwithstanding this section, use of nonhazardous ash as a cover material shall still require approval for use pursuant to Title 27 California Code of Regulations section 20680 and may require additional approvals from other governmental agencies, including, but not limited to RWQCB and Air Districts.
(4) disposal does not include the use of nonhazardous ash for a reclamation project as defined in section 17376(m).
(5) disposal does not include the use of nonhazardous ash for snow and ice control, roadbase/subbase, walk areas, parking areas, airport runways, trails, dairy or feedlot soil stabilization, structural fill, sludge/manure/waste stabilizing material, compost mineral filler, smelter flux, blending in a soil product, and similar uses in accordance with Public Resources Code section 40180. Nonhazardous ash used for these purposes is not subject to the requirements of this Article. Nothing in this section precludes the enforcement agency or the CIWMB from inspecting any of the activities listed in this subdivision to verify that the activity qualifies for this exception from the definition of disposal.
(6) disposal does not include land application of nonhazardous ash as defined in section 17376(e).
(7) Should the enforcement agency have information that a nonhazardous ash handler is engaging in other activities that are subject to this Article, the burden of proof shall be on the land owner or operator to demonstrate otherwise.
(c) “Fully Enclosed Structure” means either a building with a roof and walls that prevent rain and wind from affecting the material, or covered container.
(d) “Generator” means the nonhazardous ash producer.
(e) “Land Application” means the application of nonhazardous ash to forest, agricultural, and range land in accordance with California Department of Food and Agriculture requirements for a beneficial use as authorized by Food and Agricultural Code section 14501 et seq. Land application does not constitute disposal and is not subject to the requirements of this Article.
(f) “Manufacturing” means using nonhazardous ash as a raw material in making a finished product that is distinct from nonhazardous ash. Such finished products include but are not limited to cement and concrete products, asphalt, blasting grit, roofing granules and tiles, wallboard, bricks, vitrified clay pipe, stucco and decorative rock. Nonhazardous ash used in manufacturing is not subject to the requirements of this Article. Should the enforcement agency have information that a nonhazardous ash manufacturer is engaging in other activities that are subject to this Article, the burden of proof shall be on the land owner or operator to demonstrate otherwise.
(g) “Nonhazardous Ash” means the nonhazardous residue from the combustion of material or the hazardous residue which may be managed as a nonhazardous waste in accordance with Title 22 California Code of Regulations section 66260.200(f) or 66260.210. The classification of a waste as hazardous or nonhazardous is made pursuant to Title 22 California Code of Regulations section 66260.200.
(h) “Nonhazardous Ash Disposal/Monofill Facility” or “Facility” means a facility that handles only nonhazardous ash for purposes of disposal and is not a landfill pursuant to Public Resources Code section 40195.1.
(i) “Nonhazardous Ash Transfer/Processing Operation” or “Operation” means an operation that handles only nonhazardous ash for purposes of transfer, treatment, or storage. This definition does not include transformation, biomass conversion, or other incineration facilities.
(j) “Operations Area” means the following areas within the boundary of an operation or facility that are subject to this Article, although the boundary may or may not be the same as the property boundary:
(1) equipment management area, including cleaning, maintenance, and storage areas;
(2) stockpiling areas for nonhazardous ash;
(3) transfer and/or processing and/or disposal areas.
(k) “Operator” means the land owner or other person who, through a lease, franchise agreement or other contract with the land owner is legally responsible for all of the following:
(1) transfer/processing operations or disposal;
(2) complying with all applicable federal, state and local requirements relating to the operation;
(3) the design, construction, and physical operation of a transfer/processing operation or disposal/monofill facility;
(4) operations site restoration of a transfer/processing operation or disposal/monofill facility.
(l) “Owner” means the person or persons who own, in whole or in part, a nonhazardous ash transfer/processing operation, disposal/monofill facility, or the land on which it is located.
(m) “Reclamation Project” means the use of nonhazardous ash in accordance with the requirements of the Office of Mine Reclamation of the Department of Conservation as authorized by Public Resources Code section 2770 et seq. Reclamation projects do not constitute disposal and is not subject to the requirements of this Article.
(n) “RWQCB” means the Regional Water Quality Control Board.
(o) “Site” means the operations area.
(p) “Treatment” means any method, technique, or process which changes or is designed to change the physical, chemical, or biological character or composition of nonhazardous ash. Treatment may also include the removal or reduction of harmful properties or characteristics for any purpose including, but not limited to, material recovery or reduction in volume.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40180, 43020 and 43021, Public Resources Code.
1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 39).
This database is current through 7/29/22 Register 2022, No. 30
14 CCR § 17376, 14 CA ADC § 17376
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