(1) All handling activities are prohibited from composting any material specified in section 17855.2 of this Chapter.
(2) All handling activities shall be conducted in a manner that minimizes odor impacts so as to not cause a nuisance.
(3) All handling activities shall be conducted in a manner that minimizes vectors, litter, hazards, nuisances, and noise impacts; and minimizes human contact with, inhalation, ingestion, and transportation of dust, particulates, and pathogenic organisms.
(4) Random load checks of feedstocks, additives, and amendments for contaminants shall be conducted.
(5) Contamination of compostable materials that has undergone pathogen reduction, pursuant to section 17868.3 of this Chapter, with feedstocks, compost, or wastes that have not undergone pathogen reduction, pursuant to section 17868.3 of this Chapter, or additives shall be prevented.
(6) Unauthorized human or animal access to the facility shall be prevented.
(7) Traffic flow into, on, and out of the composting operation or facility shall be controlled in a safe manner.
(8) All compostable materials handling operations and facilities that are open for public business shall post legible signs at all public entrances. These signs shall include the following information:
(A) name of the operation or facility,
(B) name of the operator,
(C) facility hours of operation,
(D) materials that will and will not be accepted, if applicable,
(E) schedule of charges, if applicable, and
(F) phone number where operator or designee can be reached in case of an emergency.
(9) 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. Firelanes shall be provided to allow fire control equipment access to all operation areas.
(10) The operator shall provide telephone or radio communication capability for emergency purposes.
(11) Physical Contaminants and refuse removed from feedstock, compost, or chipped and ground material shall be removed from the site within 7 days and transported to an appropriate facility.
(12) Enclosed operations and facilities shall provide ventilation to prevent adverse public health effects from decomposition gases.
(13) The operator shall ensure that leachate is controlled to prevent contact with the public.
(14) The operator shall prevent or remove physical contaminants in compost and chipped and ground materials that may cause injury to humans.
(15) An attendant shall be on duty during business hours if the operation or facility is open to the public.
(16) The operator shall determine the quarterly percentage of organic waste contained in materials sent to landfill disposal.
(A) To determine the percentage, the operator shall measure the amount of organic waste by weight present in the materials sent to landfill disposal.
1. The measurements required pursuant to this section shall be conducted at the following frequency:
i. For each reporting period, the operator shall perform the sampling protocol required in Subdivision (a)(16)(B) over at least ten (10) consecutive operating days.
ii. An operator may use the results of samples conducted over a period of more than 10 days if the following apply:
1. If less than 10 additional days are sampled in the reporting period, the additional operating days where sampling is performed shall be a consecutive continuation of the original 10 consecutive days of sampling.
2. If 10 additional operating days or more are selected for sampling, the additional operating days shall be conducted on consecutive days but may be performed during a different part of the reporting period and are not required to be a continuation of the original 10 operating days.
(B) The operator shall comply with Subdivision (a)(16)(A) by using the following protocol:
1. Take one sample of at least two hundred (200) pounds of the materials that the operation or facility is sending to landfill disposal on that operating day. Each sample shall be:
i. Representative of a typical operating day; and
ii. A random, composite sample taken either from various times during the operating day or from various locations within the pile(s) of material that will be sent to disposal.
2. Record the weight of the sample. If the total weight of material sent to landfill disposal in a single operating day is less than 200 pounds, the operator shall sample all of the material that is sent to landfill disposal that day.
3. Remove any material that is not organic waste and determine the remaining weight of the organic waste in the sample.
4. Then determine the ratio of organic waste present in the materials removed for landfill disposal by dividing the total from Subdivision (a)(16)(B)3 by the total from Subdivision (a)(16)(B)2.
5. Determine the total weight of organic waste that is sent to landfill disposal by multiplying the ratio determined pursuant to Subdivision (a)(16)(B)4 by the total weight of the materials sent to landfill disposal.
6. Determine the sum of outgoing weights of organic waste present in the materials that is sent to landfill disposal as determined pursuant to Subdivision (a)(16)(B)5.
7. Determine the ratio of organic waste sent to landfill disposal by dividing the total from Subdivision (a)(16)(B)6 by the total outgoing weights of material that is sent to landfill disposal.
8. Determine the percentage of organic waste present in the material sent to landfill disposal by multiplying the ratio as determined pursuant to Subdivision (a)(16)(B)7 by 100.
(C) The operator shall conduct a measurement in the presence of the EA when requested.
(D) If it is determined by the EA that the measurements do not accurately reflect the records, the EA may require the operator to increase the frequency of measurements, revise the measurement protocol, or both to improve accuracy.
(E) An alternative measurement protocol for determining the amount of organic waste sent to landfill disposal may be approved by the EA, with concurrence by the Department. For the purposes of this section, alternative measurement protocols may include, but are not limited to, measurements made with a different sampling frequency and/or weight than those specified in this article. The Department shall concur with EA approval if it finds that the alternative measurement protocol will ensure that the measurements will be as accurate as those in Subsection (a)(16)(A) and (B), above.
(F) For the purposes of the measurements required by this Subdivision, organic waste that are textiles, carpet, hazardous wood waste, non-compostable paper, human or pet waste, and material subject to a quarantine on movement issued by a county agricultural commissioner, is not required to be measured as-organic waste.
(G) Organic waste sent to an activity listed in Section 18983.1(a) shall constitute landfill disposal.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 42652.5, 43020 and 43021, Public Resources Code; and Section 39730.6, Health and Safety Code.
2. New article 6 and repealer and new section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
3. Amendment of subsection (a)(4) filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (a)(4) refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-7-97 order transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
6. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
7. Change without regulatory effect amending subsection (a)(4) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
8. Repealer and new subsection (a)(1) filed 6-18-2007 as an emergency; operative 6-18-2007 (Register 2007, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-17-2007 or emergency language will be repealed by operation of law on the following day.
9. Repealer and new subsection (a)(1) refiled 12-17-2007 as an emergency; operative 12-17-2007 (Register 2007, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-17-2008 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 12-17-2007 order transmitted to OAL 3-13-2008 and filed 4-25-2008 (Register 2008, No. 17).
11. New subsection (a)(2), subsection renumbering and amendment of newly designated subsections (a)(3) and (a)(8) filed 11-10-2015; operative 1-1-2016 (Register 2015, No. 46).
12. New subsections (a)(16)-(a)(16)(G) and amendment of Note filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).
This database is current through 5/26/23 Register 2023, No. 21.