§ 17376. Definitions.
14 CA ADC § 17376Barclays Official California Code of Regulations
14 CCR § 17376
§ 17376. Definitions.
For the purposes of this Article:
(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.
(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.
(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.
(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.
(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 3/10/23 Register 2023, No. 10.
Cal. Admin. Code tit. 14, § 17376, 14 CA ADC § 17376
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