(a) The operator shall determine the quarterly percentage of organic waste contained in materials sent to landfill disposal.
(1) To determine the percentage, the operator shall, measure the amount of organic waste by weight present in the materials sent to landfill disposal.
(A) The measurements required pursuant to this section shall be conducted at the following frequency:
1. For each reporting period, the operator shall perform the sampling protocol required in Subdivision (a)(2) over at least ten (10) consecutive operating days.
2. An operator may use the results of samples conducted over a period of more than 10 days if the following apply:
i. 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.
ii. 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.
(2) The operator shall comply with Subdivision (a)(1) by using the following protocol:
(A) 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:
1. Representative of a typical operating day; and
2. 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.
(B) 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.
(C) Remove any material that is not organic waste and determine the remaining weight of the organic waste in the sample.
(D) Then determine the ratio of organic waste present in the materials removed for landfill disposal by dividing the total from Subdivision (a)(2)(C) by the total from Subdivision (a)(2)(B).
(E) Determine the total weight of organic waste that is sent for landfill disposal by multiplying the ratio determined pursuant to Subdivision (a)(2)(D) by the total weight of the materials removed for landfill disposal from the source separated organic waste collection stream after processing.
(F) Determine the sum of outgoing weights of organic waste present in material that is sent to landfill disposal as determined pursuant to Subdivision (a)(2)(E).
(G) Determine the ratio of organic waste present in the material sent to landfill disposal by dividing the total from Subdivision (a)(2)(F) by the total monthly outgoing weights of residuals removed that is sent for landfill disposal.
(H) Determine the percentage of organic waste present in the material sent to landfill disposal by multiplying the monthly ratio as determined pursuant to Subdivision (a)(2)(G) by 100.
(b) The operator shall conduct a measurement in the presence of the EA when requested.
(c) 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 the improve accuracy.
(d) An alternative measurement protocol for determining the amount of organic waste contained in the residual 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 described in Subsection (a)(1) and (2), above.
(e) Organic waste that are textiles, carpet, hazardous wood waste, non-compostable paper and material subject to a quarantine on movement issued by a county agricultural commissioner is not required to be measured as organic waste.
(f) 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 40053, 42652.5, 43020 and 43021, Public Resources Code; and Section 39730.6, Health and Safety Code.
1. New section 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 1/20/23 Register 2023, No. 3.