(a) The following dispositions of organic waste shall be deemed to constitute landfill disposal:
(1) Final deposition at a landfill.
(2) Use as Alternative Daily Cover or Alternative Intermediate Cover at a landfill.
(A) The use of non-organic material as landfill cover shall not constitute landfill disposal of organic waste.
(3) Any other disposition not listed in Subdivision (b) of this section.
(b) Organic waste sent to one of the following facilities, operations, or used for one of the following activities, and not subsequently sent for landfill disposal, shall be deemed to constitute a reduction of landfill disposal.
(1) An operation that qualifies as a “Recycling Center” as set forth in Section 17402.5(d) or is listed in Section 17402.5(c) of this division.
(2) A “Compostable Material Handling Operation or Facility” as defined in Section 17852(a)(12) of this division, small composting activities that would otherwise be excluded from that definition pursuant to Section 17855(a)(4) of this division, or community composting as defined in Section 18982(a)(8).
(3) An “In-vessel Digestion Operation or Facility” as listed in Section 17896.5 of this division, or activities that would otherwise not be subject to the in-vessel digestion requirements pursuant to Section 17896.6 of this division.
(4) A Biomass Conversion operation or facility as defined in Section 40106 of the Public Resources Code.
(5) Used as a soil amendment for erosion control, revegetation, slope stabilization, or landscaping at a landfill, when the material is used in a manner that complies with the following criteria:
(A) The material has been processed at a solid waste facility, as defined in Section 40194 of the Public Resources Code; and
(B) The use shall be:
1. Restricted to those organic wastes appropriate for the specific use and in accordance with engineering, industry guidelines or other standard practices specified in the Report of Disposal Site Information, as required by 27 CCR, Section 21600(b)(6).
2. Restricted to quantities of solid wastes no more than necessary to meet the minimum requirements of Subdivision (b)(5)(B)1.
3. Stored and handled in a manner to protect public health and safety and the environment, and control vectors, fires, odors, and nuisances.
(C) The material applied is never more than 12 inches in depth.
(6) Land application, of compostable material consistent with Section 17852(a)(24.5) of this division, is subject to the following conditions on particular types of compostable material used for land application:
(A) Green waste or green material used for land application shall meet the definition of Section 17852(a)(21) and shall have been processed at a solid waste facility, as defined by Section 40194 of the Public Resources Code.
(B) Biosolids used for land application shall:
1. Have undergone anaerobic digestion or composting, as defined in Part 503, Title 40 of the Code of Federal Regulations, Appendix B, sections (A)(1) and (A)(4), as amended August 4, 1999, which is hereby incorporated by reference; and
2. Meet the requirements in Section 17852(a)(24.5)(B)6 of this division for beneficial reuse of biosolids.
(C) Digestate used for land application shall:
1. Have been anaerobically digested at an in-vessel digestion operation or facility, as described in Sections 17896.8 through 17896.13; and
2. Meet the land application requirements described in Section 17852(a)(24.5) A.
3. Have obtained applicable approvals from the State and/or Regional Water Quality Control Board requirements.
(7) Lawful use as animal feed, as set forth in Chapter 6 of Food and Agricultural Code (FAC), commencing with Section 14901 et. seq and Title 3, Division 4, Chapter 2, Subchapter 2 commencing with Article 1, Section 2675 of the Code of California Regulations.
(8) Other operations or facilities with processes that reduce short-lived climate pollutants as determined in accordance with Section 18983.2.
(c) For the purposes of this section, the term “landfill” includes permitted landfills, landfills that require a permit, export out of California for disposal, or any other disposal of waste as defined by Section 40192(c) of the Public Resources Code.
(d) For the purposes of this section, edible food that would otherwise be disposed that is recovered for human consumption shall constitute a reduction of landfill disposal.
Credits
Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference: Sections 40106, 40116, 40116.1, 40192 and 42652.5, Public Resources Code; and Sections 39730.6 and 39730.8, Health and Safety Code.
History
1. New article 2 (sections 18983.1-18983.2) and 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 4/12/24 Register 2024, No. 15.
