Short-lived Climate Pollutants (SLCP) - Organic Waste Reductions.pdf

Department of Resources SLCP Regulations Recycling and Recovery November 2020

Short-lived Climate Pollutants (SLCP): Organic Waste Reductions

Final Regulation Text

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California Code of Regulations 1

Title 14, Division 7, Chapter 3 2

Article 6.0. Transfer/Processing Operations and Facilities Regulatory 3 Requirements 4

Section 17402. Definitions. 5

(a) For the purposes of these articles: 6

(0.5) “Consolidation Sites” means facilities or operations that receive solid waste for 7 the purpose of storing the waste prior to transfer directly from one container to 8 another or from one vehicle to another for transport and which do not conduct 9 processing activities. Consolidation activities include, but are not limited to, limited 10 volume transfer operations, sealed container transfer operations, and direct transfer 11 facilities. 12

(1) "Contact Water" means water that has come in contact with waste and may 13 include leachate. 14 (1.5) “Contamination” or “Contaminants” has the same meaning as “prohibited 15 container contaminants” as defined in Section 18982(a)(55). 16

(2) "Covered Container" means a container that is covered to prevent the migration of 17 litter from the container, excessive infiltration of precipitation, odor and leachate 18 production, and to prevent access by animals and people; thereby controlling litter, 19 scavenging, and illegal dumping of prohibited wastes. Covers may include, but are 20 not limited to, tarpaulins or similar materials. 21

(3) "Direct Transfer Facility" means a transfer facility that receives equal to or more 22 than 60 cubic yards or 15 tons (whichever is greater) of solid waste per operating day 23 but less than 150 tons of solid waste and meets all of the following requirements: 24

(A) is located on the premises of a duly licensed solid waste hauling operator; 25

(B) only handles solid waste that has been placed within covered containers or 26 vehicles prior to entering the facility and that is transported in vehicles owned or 27 leased by that same operator; 28

(C) the facility does not handle, separate, or otherwise process the solid waste; 29

(D) no waste is stored at the facility for more than any 8-hour period; 30

(E) solid waste is transferred only once and directly from one covered container or 31 vehicle to another covered container or vehicle so that the waste is never put on 32 the ground or outside the confines of a container or vehicle, before, during, or after 33 transfer. Direct transfer would not include top loading trailers where the solid waste 34 actually leaves the confines of the collection vehicle and is suspended in air before 35 falling into a transfer vehicle; 36

(F) all of the contents of the original transferring container or vehicle must be 37 emptied during a single transfer; and 38

(G) any waste that may unintentionally fall outside of the containers or vehicles, is 39 promptly cleaned up and replaced within the container or vehicle to which it was 40 being transferred. 41

(4) "DTSC" means Department of Toxic Substances Control. 42

(5) "EA" means enforcement agency as defined in PRC section 40130. 43

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(6) "Emergency Transfer/Processing Operation" means an operation that is 1 established because there has been a proclamation of a state of emergency or local 2 emergency, as provided in Title 14, Division 7, Chapter 3, Article 3, sections 17210.1 3

(j) and (k) and which meets all of the following requirements: 4

(A) the operation handles only disaster debris and other wastes, in accordance 5 with section 17210.1(d), during the disaster debris recovery phase; and 6

(B) the location does not currently have a solid waste facility permit; 7

(C) if the operation accepts, processes, or stores hazardous or household 8 hazardous waste, then these activities must be in compliance with DTSC 9 standards or standards of other appropriate authorities or agencies. 10

(6.5) “Gray Container Waste” or “Gray Container Collection Stream” means solid 11 waste that is collected in a gray container that is part of a three-container organic 12 waste collection service that prohibits the placement of organic waste in the gray 13 container as specified in Section 18984.1(a) and (b). 14

(7) "Hazardous Wastes" means any waste which meets the definitions set forth in 15 Title 22, Section 66261.3, et seq. and is required to be managed. 16 (7.5) “Incompatible Material” or “Incompatibles,“ means human-made inert material, 17 including, but not limited to, glass, metal, plastic, and also includes organic waste for 18 which the receiving end-user, facility, operation, property, or activity is not designed, 19 permitted, or authorized to perform organic waste recovery activities as defined in 20 Section 18983.1(b) of Article 2, Chapter 12. 21

(8) "Large Volume Transfer/Processing Facility" means a facility that receives 100 22 tons or more of solid waste per operating day for the purpose of storing, handling or 23 processing the waste prior to transferring the waste to another solid waste operation 24 or facility. 25

(A) In determining the tonnage of solid waste received by the facility, the following 26 materials shall not be included: materials received by a recycling center located 27 within the facility, and by beverage container recycling programs in accordance 28 with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling 29 activities are separated from the solid waste handling activities by a defined 30 physical barrier or where the activities are otherwise separated in a manner 31 approved by the EA. 32

(B) If the facility does not weigh the solid waste received, then the tonnage shall 33 be determined by using a volumetric conversion factor where one cubic yard is 34 equal to 500 pounds. The EA shall approve an alternate conversion factor if the 35 operator demonstrates that it is more accurate than the required conversion factor. 36

(9) "Limited Volume Transfer Operation" means an operation that receives less than 37 60 cubic yards, or 15 tons of solid waste per operating day for the purpose of storing 38 the waste prior to transferring the waste to another solid waste operation or facility 39 and which does not conduct processing activities, but may conduct limited salvaging 40 activities and volume reduction by the operator. 41

(A) In determining the tonnage of solid waste received by the operation, the 42 following materials shall not be included: materials received by a recycling center 43 located within the operation, and by beverage container recycling programs in 44 accordance with Public Resources Code sections 14511.7, 14518, or 14520, if the 45 recycling activities are separated from the solid waste handling activities by a 46

Recycling and Recovery Page 4 of 127 November 2020 defined physical barrier or where the activities are otherwise separated in a 1 manner approved by the EA. 2

(B) If the operation does not weigh the solid waste received, then the tonnage 3 shall be determined by using a volumetric conversion factor where one cubic yard 4 is equal to 500 pounds. The EA shall approve an alternate conversion factor if the 5 operator demonstrates that it is more accurate than the required conversion factor. 6

(10) "Litter" means all solid waste which has been improperly discarded or which has 7 migrated by wind or equipment away from the operations area. Litter includes, but is 8 not limited to, convenience food, beverage, and other product packages or 9 containers constructed of steel, aluminum, glass, paper, plastic, and other natural 10 and synthetic materials, thrown or deposited on the lands and waters of the state. 11

(11) "Medium Volume Transfer/Processing Facility" means a facility that receives 12 equal to or more than 60 cubic yards or 15 tons (whichever is greater) of solid waste 13 per operating day but less than 100 tons of solid waste, for the purpose of storing or 14 handling the waste prior to transferring the waste to another solid waste operation or 15 facility; or a facility that receives any amount of solid waste, up to 100 tons per 16 operating day, for the purpose of processing solid waste prior to transferring the 17 waste to another solid waste operation or facility. 18

(A) In determining the tonnage of solid waste received by the facility, the following 19 materials shall not be included: materials received by a recycling center located 20 within the facility, and by beverage container recycling programs in accordance 21 with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling 22 activities are separated from the solid waste handling activities by a defined 23 physical barrier or where the activities are otherwise separated in a manner 24 approved by the EA. 25

(B) If the facility does not weigh the solid waste received, then the tonnage shall 26 be determined by using a volumetric conversion factor where one cubic yard is 27 equal to 500 pounds. The EA shall approve an alternate conversion factor if the 28 operator demonstrates that it is more accurate than the required conversion factor. 29

(11.5) “Mixed Waste Organic Collection Stream” means organic waste collected in a 30 container that is required by Section 18984.1, 18984.2, or 18984.3 to be transported 31 to a high diversion organic waste processing facility. 32

(12) "Nuisance" includes anything which: 33

(A) is injurious to human health or is indecent or offensive to the senses and 34 interferes with the comfortable enjoyment of life or property, and 35

(B) affects at the same time an entire community, neighborhood or any 36 considerable number of persons. The extent of annoyance or damage inflicted 37 upon an individual may be unequal. 38

(13) "On-site" means located within the boundary of the operation or facility. 39

(14) "Open burning" means the combustion of solid waste without: 40

(A) control of combustion air to maintain adequate temperature for efficient 41 combustion, 42

(B) containment of the combustion reaction in an enclosed device to provide 43 sufficient residence time and mixing for complete combustion, and 44

(C) control of the emission of the combustion products. 45

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(15) "Operating day" means the hours of operation as set forth in the application, 1 Enforcement Agency Notification and/or permit not exceeding 24 hours. 2

(16) "Operating Record" means an easily accessible collection of records of an 3 operation's or facility's activities and compliance with required state minimum 4 standards under Title 14. The Record may include the Facility Plan or 5 Transfer/Processing Report for facilities, and shall contain but is not limited to 6 containing: agency approvals, tonnage and loadchecking records, facility contacts 7 and training history. The record may be reviewed by state and local authorities and 8 shall be available during normal business hours. If records are too voluminous to 9 place in the main operating record or if the integrity of the records could be 10 compromised by on-site storage, such as exposure to weather, they may be 11 maintained at an alternative site, as long as that site is easily accessible to the EA. 12

(17) "Operations Area" means: 13

(A) the following areas within the boundary of an operation or facility as described 14 in the permit application or Enforcement Agency Notification: 15

(i) equipment management area, including cleaning, maintenance, and storage 16 areas; and 17

(ii) material and/or solid waste management area, including unloading, 18 handling, transfer, processing, and storage areas. 19

(B) the boundary of the operations area is the same as the permitted boundary but 20 may or may not be the same as the property boundary. 21

(18) "Operator" means the owner, or other person who through a lease, franchise 22 agreement or other arrangement with the owner, that is listed in the permit 23 application or Enforcement Agency Notification, is legally responsible for all of the 24 following: 25

(A) complying with regulatory requirements set forth in these Articles; 26

(B) complying with all applicable federal, state and local requirements; 27

(C) the design, construction, and physical operation of the operations area; 28

(D) controlling the activities at an operation or facility as listed on the permit 29 application or Enforcement Agency Notification. 30

(18.4) “Organic Waste Recovery Activities,” or “Recovery” has the same meaning as 31 defined in Section 18982(a)(49). 32 (18.5) “Organic Waste” has the same meaning as in Section 18982(a)(46). 33

(19) "Owner" means the person or persons who own, in whole or in part, an operation 34 or facility, and/or the land on which it is located. 35

(20) "Processing" means the controlled separation, recovery, volume reduction, 36 conversion, or recycling of solid waste including, but not limited to, organized, 37 manual, automated, or mechanical sorting, the use of vehicles for spreading of waste 38 for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines or 39 volume reduction equipment. Recycling Center is more specifically defined in section 40

17402.5 (d) of this Article. 41

(21) "Putrescible Wastes" include wastes that are capable of being decomposed by 42 micro-organisms with sufficient rapidity as to cause nuisances because of odors, 43 vectors, gases or other offensive conditions, and include materials such as, but not 44 limited to food wastes, offal and dead animals. The EA shall determine on a case-by-45 case basis whether or not a site is handling putrescible wastes. 46

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(22) "Regulated Hazardous Waste" means a hazardous waste, as defined in section 1

66260.10 of Division 4.5 of Title 22. 2

(23) "RWQCB" means the Regional Water Quality Control Board. 3 (23.5) “Remnant Organic Material” means the organic waste that is collected in a 4 gray container that is part of the gray container collection stream. 5 (23.6) “Reporting Period” has the same meaning as defined in Section 18815.2 6 (a)(49). 7

(24) "Salvaging" means the controlled separation of solid waste material which do not 8 require further processing, for reuse or recycling prior to transfer activities. 9

(25) "Scavenging" means the uncontrolled and/or unauthorized removal of solid 10 waste materials. 11

(26) "Sealed Container Transfer Operation" means a transfer operation that meets 12 the following requirements: 13

(A) handles only solid waste that has previously been placed within containers that 14 have either a latched, hard top or other impermeable cover which is closed tightly 15 enough to: 16

(1) prevent liquid from infiltrating into or leaking out of the container; and 17

(2) prevent the propagation and migration of vectors; and, 18

(i) the solid waste remains within the unopened containers at all times while 19 on-site; and, 20

(ii) the containers are not stored on-site for more than 96 hours. 21 Sealed container transfer operations do not include operations excluded by 22 Public Resources Code section 40200(b)(3). 23

(26.5) “Secondary Material Processing Facility” or “Operation” means an activity 24 whose primary purpose is to receive and process source separated, or separated for 25 reuse, materials from a permitted transfer/processing facility or a transfer/processing 26 operation governed by an enforcement agency notification, and that does not meet 27 the residual percentage or putrescible waste percentage as set forth in section 28 17402.5(d). Materials include, but are not limited to, glass, plastics, paper, and 29 cardboard. 30

(A) Secondary Material Processing Operations are those activities that: 31

1. Are governed by the Enforcement Agency Notification tier requirements as 32 specified in section 17403.3.2; and, 33

2. Receive an amount of residual material that is less than 40% by weight as 34 calculated on a monthly basis. Operations that do not meet this residual 35 requirement shall comply with the Registration Permit tier requirements 36 specified in 17403.3.3. 37

(B) Secondary Material Processing Facilities are those activities that: 38

1. Are governed by the Registration Permit tier requirements as specified in 39 section 17403.3.3; and, 40

2. Do not meet the 40% residual material requirement as specified in subdivision 41 (A). 42

(26.6) “Source Separated Organic Waste” or “Source Separated Organic Waste 43 Collection Stream” means organic waste that is collected in a green container as 44 specified in Sections 18984.1(a)(1) and 18984.2(a)(1), “source separated blue 45 container organic waste,” as defined in this Subsection (a)(26.7), organic waste 46

Recycling and Recovery Page 7 of 127 November 2020 collected in an additional container as specified in Section 18984.1(a)(6), and organic 1 waste collected in an “uncontainerized green waste and yard waste collection 2 service,” as defined in Section 18982. 3 (26.7) “Source Separated Blue Container Organic Waste” means the organic wastes 4 collected in a blue container that is limited to the collection of those organic wastes 5 and non-organic recyclables as defined in Section 18982(a)(43). 6

(27) "Special Waste" includes but is not limited to: 7

(A) waste requiring special collection, treatment, handling, storage, or transfer 8 techniques as defined in Title 22, section 66260.10. 9

(B) waste tires and appliances requiring CFC removal. 10

(28) "Spotter" means an employee who conducts activities that include, but are not 11 limited to, traffic control, hazardous waste recognition and removal for proper 12 handling, storage and transport or disposal, and protection of the public from health 13 and/or safety hazards. 14

(29) "Store" means to stockpile or accumulate for later use. 15

(30) "Transfer/Processing Facility" or "Facility" includes: 16

(A) those activities governed by the Registration Permit tier or Full Solid Waste 17 Facility Permit requirements (as specified in sections 17403.6 and 17403.7); and, 18

(B) which: 19

1.receive, handle, separate, convert or otherwise process materials in solid 20 waste; and/or 21 2.transfer solid waste directly from one container to another or from one vehicle 22 to another for transport; and/or 23 3.store solid waste; 24

(C) The receipt of separated for reuse material pursuant to Public Resources 25 Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, located within 26 a solid waste facility does not constitute solid waste handling, or processing, if 27 there is a defined physical barrier to separate recycling activities defined in Public 28 Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, 29 from the solid waste activities, or where the recycling and solid waste activities are 30 considered by the EA as separate operations. 31

(D) "Transfer/Processing Facilities" do not include activities specifically defined in 32 section 17402.5(c) of this Article, and operations and facilities that are subject to 33 regulations in Chapter 3.1 (commencing with section 17850). 34

(31) "Transfer/Processing Operation" or "Operation" includes: 35

(A) those activities governed by the EA Notification tier requirements; and, 36

(B) which: 37

1.receive, handle, separate, convert or otherwise process materials in solid 38 waste; and/or 39 2.transfer solid waste directly from one container to another or from one vehicle 40 to another for transport; and/or 41 3.store solid waste; 42

(C) The receipt of separated for reuse material pursuant to Public Resources 43 Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, located within 44 a solid waste operation does not constitute solid waste handling, or processing, if 45 there is a defined physical barrier to separate recycling activities defined in Public 46

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Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, 1 from the solid waste activities, or where the recycling and solid waste activities are 2 considered by the EA as separate operations. 3

(D) "Transfer/Processing Operations" do not include activities specifically defined 4 in section 17402.5(c) of this Article, and operations and facilities that are subject to 5 regulations in Chapter 3.1 (commencing with section 17850). 6

(32) "Volume Reduction" means techniques such as: compaction, shredding, and 7 baling. 8

(33) "Waste Hauling Yard Operation" is an operation that meets the following 9 requirements: 10

(A) is located on the premises of a duly licensed solid waste hauling operator, who 11 receives, stores, or transfers waste as an activity incidental to the conduct of a 12 refuse collection and disposal business, and; 13

(B) handles only solid waste that has been placed within a covered container 14 before the container arrives at the waste hauling yard, and; 15

(C) no more than 90 cubic yards of waste is stored on-site in covered containers at 16 any time, and; 17

(D) the solid waste remains within the original covered containers while on-site at 18 any times, and; 19

(E) the covered containers are not stored on-site for more than any 72 hour period; 20

(F) if the EA has information that the operation does not meet these requirements, 21 the burden of proof shall be on the owner or operator to demonstrate that the 22 requirements are being met. 23

Note: 24 Authority cited: Sections 40502, 43020, and 43021 Public Resources Code. 25 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 26 Section 39730.6, Health and Safety Code. 27

Section 17402.5. Definitions and Related Provisions Regarding Activities That Are 28 Not Subject to the Transfer/Processing Regulatory Requirements. 29

(a) This section sets forth definitions and related provisions regarding activities that are 30 not subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. 31

(1) Activities that are not in compliance with the applicable definitions and related 32 provisions of this section shall be subject to the requirements of Articles 6.0, 6.1, 6.2, 33

6.3 and 6.35 of this Chapter. 34

(2) The definitions and related provisions of this section are for use only to determine 35 the applicability of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. 36

(b) The following general definitions may apply to one or more of the activities that are 37 more specifically defined in subdivisions (c) and (d) of this section. 38

(1) "Residual" means the solid waste destined for disposal, further 39 transfer/processing as defined in section 17402(a)(30) or (31) of this Article, or 40 transformation which remains after processing has taken place and is calculated in 41 percent as the weight of residual divided by the total incoming weight of materials. 42

(2) "Reuse" means the use, in the same, or similar, form as it was produced, of a 43 material which might otherwise be discarded. 44

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(3) "Separated for Reuse" means materials, including commingled recyclables, that 1 have been separated or kept separate from the solid waste stream for the purpose of 2 additional sorting or processing those materials for recycling or reuse in order to 3 return them to the economic mainstream in the form of raw material for new, reused, 4 or reconstituted products which meet the quality standards necessary to be used in 5 the marketplace, and includes materials that have been "source separated". 6

(4) "Source Separated" means materials, including commingled recyclables, that 7 have been separated or kept separate from the solid waste stream, at the point of 8 generation, for the purpose of additional sorting or processing those materials for 9 recycling or reuse in order to return them to the economic mainstream in the form of 10 raw material for new, reused, or reconstituted products which meet the quality 11 standards necessary to be used in the marketplace. 12

(c) Activities included in one of the following definitions are not subject to the 13 requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter, provided that these 14 activities do not include the acceptance of solid waste which has not been separated for 15 reuse. If an activity defined in this section is accepting solid waste which has not been 16 separated for reuse, it must meet the requirements of subdivision (d) of this section or 17 else it shall be subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this 18 Chapter. 19

(1) "Auto Dismantler" means a person or business entity engaged in the business of 20 buying, selling, or dealing in vehicles including nonrepairable vehicles, for the 21 purpose of dismantling the vehicles, buying or selling the integral parts and 22 component materials thereof, in whole or in part, or dealing in used motor vehicle 23 parts pursuant to California Vehicle Code, section 220. 24

(2) "Auto Shredder" or "Metal Shredder" means a person or business entity that 25 accepts scrap metal, typically automobiles and white goods, and mechanically rends 26 that scrap metal into fist sized bits and pieces and separates the ferrous metals, 27 nonferrous metals and other materials for the purpose of recycling. 28

(3) "Buy Back Center" means a person or business entity engaging in those activities 29 defined in Public Resources Code Sections 14518, or 14520. 30

(4) "Drop-off Center" means a person or business entity engaging in those activities 31 defined in Public Resources Code Section 14511.7. 32

(5) "Manufacturer" means a person or business entity that uses new or separated for 33 reuse materials as a raw material in making a finished product that is distinct from 34 those raw materials. 35

(6) "Regional Produce Organic Distribution Center" means a distribution center that 36 receives unsold food produce, including packaged food produce (sometimes referred 37 to as "pre-consumer") back from stores to which it was originally sent by that 38 distribution center the produce, and which remains the property of the distribution 39 center or stores, for the purpose of data collection, depackaging, and transferring this 40 produce and other food to a compostcompostable material handling operation or 41 facility, in-vessel digestion operation or facility, or to a another beneficial use. A 42 regional produce distribution center would not include a site where produce is 43 processed. 44

(7) ”Rendering Activities” means an activity that is a licensed animal food 45 manufacturing activity, or a rendering activity which is authorized by the California 46

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Department of Food and Agriculture pursuant to Section 19300 of the Food and 1 Agricultural Code, and in which no solid waste feedstock bypasses the manufacturing 2 or rendering process. "Rendering Plant" means a person or business entity where 3 dead animals or any part or portion thereof, vegetable oils, or packing house refuse, 4 are processed for the purpose of obtaining the hide, skin, grease residue, or any 5 other byproduct whatsoever 6

(8) "Reuse Salvage Operation" means a person or business entity which sterilizes, 7 dismantles, rebuilds, or renovates, nonputrescible separated-for-reuse materials, and 8 that recovers for recycling or reuse distinct material types that have not been 9 commingled with other materials before they enter the waste stream. Examples of 10 this activity include, but are not limited to, wire choppers, and dismantlers of furniture 11 and mattresses, and "brown goods" such as computer equipment, VCRs, and 12 televisions. 13

(9) "Scrap Metal Recyclers and Dealers" means a person or business entity including 14 all employees of the person or business entity, (except automotive recyclers and auto 15 shredders as defined in this section), whose primary business is the purchasing; 16 processing by shredding, shearing, baling, and torching; trading, bartering or 17 otherwise receiving secondhand or castoff metal material which includes ferrous 18 metals, nonferrous metals, aluminum scrap, auto bodies, major appliances and other 19 metals, including containers that are regulated pursuant to Public Resources Code 20 Section 14511.7, 14518 or 14520. 21

(10) "Wire Chopper" means a person or business entity which uses source separated 22 metal components or wire for the purpose of recycling or reuse. 23

(11) "Wood, Paper or Wood Product Manufacturer" means a person or business 24 entity that uses separated for reuse paper or woody materials in order to produce a 25 finished product able to be used as is, or to manufacture another product such as, 26 boxes or boards, without further processing. 27

(d) A "Recycling Center" means a person or business entity that meets the 28 requirements of this subdivision. A recycling center shall not be subject to the 29 requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. 30

(1) A recycling center shall only receive material that has been separated for reuse 31 prior to receipt. 32

(2) The residual amount of solid waste in the separated for reuse material shall be 33 less than 10% of the amount of separated for reuse material received by weight. 34

(A) The residual amount is calculated by measuring the outgoing tonnage after 35 separated for reuse materials have been removed. 36

(B) The residual amount is calculated on a monthly basis based on the number of 37 operating days. 38

(3) The amount of putrescible wastes in the separated for reuse material shall be less 39 than 1% of the amount of separated for reuse material received by weight, and the 40 putrescible wastes in the separated for reuse material shall not cause a nuisance, as 41 determined by the EA. 42

(A) The amount of putrescible wastes is calculated in percent as the weight of 43 putrescible wastes divided by the total incoming weight of separated for reuse 44 material. 45

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(B) The amount of putrescible wastes is calculated on a monthly basis based on 1 the number of operating days. 2

(4) The only separation that may occur at the recycling center is the sorting of 3 materials that have been separated for reuse prior to receipt. 4

(5) The recycling center may include an adjustment in the calculation to include the 5 weight of water in the residual, when the use of water is essential to the sorting or 6 processing of the material, provided that such an adjustment is also made in the 7 weight of materials received for processing. 8

(6) The following materials shall not be included in calculating residual as set forth in 9 subdivision (d)(2) of this section, if the recycling activities are separated from the 10 material handling activities noted below by a defined physical barrier or where the 11 activities are otherwise separated in a manner that the EA determines will keep the 12 materials from being commingled: 13

(A) materials received at an on-site Buy Back Center; 14

(B) materials received at an on-site Drop-off Center; 15

(C) cannery waste; 16

(D) construction and demolition materials; 17

(E) nonhazardous contaminated soil; 18

(F) grease-trap pumpings; 19

(G) nonhazardous asbestos; 20

(H) nonhazardous ash; 21

(I) compost and compost feedstock; 22

(J) sewage sludge; 23

(K) tires. 24

(7) If the EA has information that material that is being received is not separated for 25 reuse or source separated, that the residual is 10% or more of the total per month, or 26 that the amount of putrescible wastes is 1% or more of the total per month, the 27 burden of proof shall be on the owner or operator to demonstrate otherwise. 28

(A) A business that accepts loads of material that are not separated for reuse or 29 source separated does not qualify as a recycling center. 30

(B) If the EA has reason to believe that a business is accepting material that is not 31 separated for reuse or source separated due to averaging or combining of those 32 loads with other loads of separated for reuse material, the burden of proof will be 33 on the business to demonstrate that it is not accepting loads of mixed solid waste. 34

(C) If the EA has reason to believe that a business is accepting material that is not 35 separated for reuse or source separated due to the separation of portions of the 36 material at consecutive sites, each of which removes less than 10% residual, the 37 burden of proof will be on the business to demonstrate that it is not accepting 38 loads of mixed solid waste. 39

(D) If the EA determines that a business has exhibited a pattern and practice of 40 failing to comply with the provisions of this subsection, the EA may issue a Notice 41 and Order requiring the business to obtain a Registration Permit or Full Permit or 42 comply with the Enforcement Agency Notification requirements as made 43 applicable in sections 17403 through 17403.7 of this Article. 44

(E) At the time that the EA requires a recycling center to provide evidence that it is 45 in compliance with this subdivision, the EA shall provide the recycling center with a 46

Recycling and Recovery Page 12 of 127 November 2020 written description of the information that has caused the EA to believe that the 1 recycling center is not in compliance. Nothing in this requirement is intended to 2 require the EA to identify the name or other identifying information regarding any 3 individual(s) who have complained about the recycling center. 4

(F) Nothing in this section precludes the enforcement agency or the board 5 Department from the following: inspecting a business to verify that it is conducted 6 in a manner that meets the provisions of this subsection; or, from taking any 7 appropriate enforcement action, including the use of a Notice and Order as 8 provided in Section 18304. 9

(8) Operations which do not meet the 10% residual percentage in subdivision (d)(2) 10 of this section but which qualify as a Limited Volume Transfer Operation, shall 11 comply with the requirements of section 17403.3 within one month of March 5, 1999. 12

(9) recycling center operators may voluntarily report their residual percentage to the 13 EA and the CIWMB Department using form CIWMB 607 (located in Appendix A). 14

(10) If the EA determines that a person or business entity purporting to operate a 15 recycling center is not in compliance with this subsection and issues an enforcement 16 order, that person or business entity may appeal that order in accordance with Public 17 Resources Code section 44307. 18

(e) If a Chipping and Grinding Operation or Facility, as defined in section 17852(a)(10) 19 of this Division, handles material that fails to meet the definition of green material due to 20 contamination as set forth in section 17852(a)(21) of this Division, the operation or 21 facility shall not be considered to be a recycling center as set forth in subsections (c) or 22

(d) of section 17402.5 23

Note: 24 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 25 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 26 Section 39730.6, Health and Safety Code. 27

Section 17403.0. Regulatory Tiers Requirements for Transfer/Processing 28 Operations and Facilities. 29 Sections 17403.1 through 17403.7 set forth the regulatory tier requirements (Title 14, 30 Division 7, Chapter 5.0, Article 3.0, commencing with section 18100 or Title 27, Division 31 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2, 3 and 3.1 of the California Code of 32 Regulations (commencing with section 21570) that apply to specified types of 33 transfer/processing operations and facilities. These requirements are summarized in 34 Table 1. 35

Note: 36 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 37 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 38 Section 39730.6, Health and Safety Code. 39

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Table 1. Transfer/Processing Operations and Facilities Placement into the 1 Regulatory Tiers 2

Not Subject to Articles 6.0, 6.1, 6.2,

6.3 and 6.35

Excluded Tier Enforcement Agency Notification Tier

Registration Permit Tier

Full Solid Waste Facility Permit

Auto Dismantler Section 17402.5(c)(1)

Locations where <15 cubic yards of combined container volume is provided to serve as multi-residence receptacles for residential refuse at the place of generation. Section 17403.1(a)(1)

Emergency Transfer/Processing Operations Section 17403.5

Medium Volume Transfer/Processing Facility Section 17403.6

Large Volume Transfer/Processing Facility Section 17403.7

Auto Shredder Operations Section 17402.5(c)(2)

Locations where <15 cubic yards of combined container volume is handled for recycling. Section 17403.1(a)(2)

Secondary Material Processing Operations Section 17403.3.2

Direct Transfer Facility Section 17403.4

Buy Back Centers Section 17402.5(c)(3)

Storage receptacle at the place of generation for waste from multi-residential buildings or for commercial solid wastes. Section 17403.1(a)(3)

Sealed Container Transfer Operations Section 17403.2

Secondary Material Processing Facility Section 17403.3.3

Drop-off Centers Section 17402.5(c)(4)

Containers used to store construction or demolition wastes at the place

Limited Volume Transfer Operations Section 17403.3

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Not Subject to Articles 6.0, 6.1, 6.2,

6.3 and 6.35

Excluded Tier Enforcement Agency Notification Tier

Registration Permit Tier

Full Solid Waste Facility Permit of generation.

Section 17403(a)(4)

Manufacturers Section 17402.5(c)(5)

Containers used to store salvaged materials. Section 17403.1(a)(5)

Recycling Centers Section 17402.5(d)

Waste Hauling Yard Operations. Section 17403.1(a)(6)

Regional Organic Distribution Centers Section 17402.5(c)(6)

Storage of Other Wastes. Section 17403(1)(a)(7)

Rendering Plants Activities Section 17402.5(c)(67)

Reuse Salvage Operations (includes furniture and mattress dismantlers and demanufacturers) Section 17402.5(c)(78)

Scrap Metal Recyclers and Dealers

17402.5(c)(89)

Wire Choppers

17402.5(c)(910)

Wood, Paper, or Wood Product Manufacturer Section 17402.5(c)(1011)

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Note: There are no operations or facilities placed within the Standardized tier. 1

Article 6.2 Operating Standards. 2

Section 17409.5. Loadchecking—Prohibited Wastes. 3

(a) The operator of an attended operation or facility shall implement a loadchecking 4 program to prevent the acceptance of waste which is prohibited by this Article. This 5 program must include at a minimum: 6

(1) the number of random loadchecks to be performed; 7

(2) a location for the storage of prohibited wastes removed during the loadchecking 8 process that is separately secured or isolated; 9

(3) records of loadchecks and the training of personnel in the recognition, proper 10 handling, and disposition of prohibited waste. A copy of the loadchecking program 11 and copies of the loadchecking records for the last year shall be maintained in the 12 operating record and be available for review by the appropriate regulatory agencies. 13

Note: 14 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 15 Reference: Sections 40053, 42652.5, 43020, and 43021, Public Resources Code and 16 Section 39730.6, Health and Safety Code. 17

Section 17409.5.1. Organic Waste Recovery Efficiency. 18

(a) This section applies to transfer/processing facilities and operations that conduct 19 processing activities. 20

(b) For the purposes of compliance with the reporting requirements in Section 18815.5, 21 and demonstrating that the facility is a “high diversion organic waste processing facility” 22 as defined in Section 18982(a)(33) that meets or exceeds an annual average mixed 23 waste organic content recovery rate of 50 percent on and after January 1, 2022 and 75 24 percent on and after January 1, 2025 as determined in Section 18815.5(e), the operator 25 shall conduct the measurements described in this section. 26

(c) The operator shall: 27

(1) Determine the sum of outgoing weights of organic waste recovered from the 28 mixed waste organic collection stream by adding together the weights determined 29 pursuant to Section 17409.5.2(b)(6) for each operating day that measurements were 30 conducted during the reporting period. 31

(2) Determine the sum of outgoing weights of organic waste removed from the mixed 32 waste organic collection stream for landfill disposal by adding together the weights as 33 measured pursuant to Section 17409.5.3(b)(5) for each operating day that 34 measurements were conducted during the reporting period. 35

(3) Report the sums of Subdivisions (c)(1) and (c)(2) to the Department pursuant to 36 Section 18815.5. 37

(d) The operator shall additionally: 38

(1) Determine the sum of outgoing weights of organic waste recovered from the 39 source separated organic waste collection stream by adding together the weights 40 determined pursuant to Section 17409.5.4(b)(6) for each operating day that 41 measurements were conducted during the reporting period. 42

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(2) Determine the sum of outgoing weights of organic waste removed from the source 1 separated organic waste collection stream that is sent for landfill disposal by adding 2 together the weights as measured pursuant to Section 17409.5.5(b)(5) for each 3 operating day that measurements were conducted during the reporting period. 4

(3) Report the sums of Subdivisions (d)(1) and (d)(2) to the Department pursuant to 5 Section 18815.5. 6

(e) The operator shall maintain records demonstrating compliance with this section in a 7 manner approved by the EA and as described in Section 17414.2(a). 8

Note: 9 Authority cited: Sections 40502, 43020, and 43021 Public Resources Code. 10 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 11 Section 39730.6, Health and Safety Code. 12

Section 17409.5.2. Measuring Organic Waste Recovered from Mixed Waste 13 Organic Collection Stream. 14

(a) The operator of an attended operation or facility that accepts a mixed waste organic 15 collection stream shall measure the amount by weight of organic waste separated from 16 the mixed waste organic collection stream after processing for end-use, recovery or 17 further processing. 18

(1) The measurements required pursuant to this section shall be conducted at the 19 following frequency: 20

(A) For each reporting period, the operator shall perform the sampling protocol 21 required in Subdivision (b) over ten (10) consecutive operating days. 22

(B) An operator may use the results of samples conducted over a period of more 23 than 10 days if the following apply: 24

1. If less than 10 additional days are sampled in the reporting period, the 25 additional operating days where sampling is performed shall be a 26 consecutive continuation of the original 10 consecutive days of sampling. 27

2. If 10 additional operating days or more are selected for sampling, the 28 additional operating days shall be conducted on consecutive days but may be 29 performed during a different part of the reporting period and are not required to 30 be a continuation of the original 10 operating days. 31

(b) The operator shall comply with Subdivision (a) by using the following protocol: 32

(1) On each sampling day take one sample of at least two hundred (200) pounds 33 from each organic waste type separated after processing at the operation or facility 34 on that operating day prior to sending to a destination for end-use, recovery, or 35 further processing. Each sample shall be: 36

(A) Representative of a typical operating day; and 37

(B) A random, composite sample taken either from various times during the 38 operating day or from various locations within each pile of each of the organic 39 waste types separated after processing. 40

(2) Record the weight of each sample from each organic waste type. If the total 41 weight of a single organic waste type processed in a single operating day is less than 42 200 pounds, the operator shall sample all of that organic waste type that is separated 43 after processing for end-use, recovery or further processing. 44

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(3) For each sample, remove any incompatible material and determine the remaining 1 weight of organic waste in that sample. 2

(4) Then determine a ratio for each type of organic waste in the mixed waste organic 3 collection stream by dividing the total weight from Subdivision (b)(3) by the total 4 weight recorded in Subdivision (b)(2). 5

(5) Multiply the ratio determined for each type of organic waste type pursuant to 6 Subdivision (b)(4) by the total weight of all of the same type of organic waste 7 separated after processing and destined for end-use, recovery or further processing 8

(6) Determine the total weight of organic waste separated from the mixed waste 9 organic collection stream for recovery by adding the sum of all the weights calculated 10 pursuant to Subdivision (b)(5). 11

(c) The operator shall conduct a measurement in the presence of the EA when 12 requested. 13

(d) If it is determined by the EA that the measurements do not accurately reflect the 14 records, the EA may require the operator to increase the frequency of measurements, 15 revise the measurement protocol, or both to improve accuracy. 16

(e) If the operator sends any material to a POTW that is not authorized to receive, 17 pursuant to Section 17896.6(a)(1)(C) or (D), that material shall be deemed to constitute 18 landfill disposal pursuant to Section 18983.1(a)(3), and the weight of that material shall 19 be added to the total weight calculated pursuant to Section 17409.5.3. 20

Note: 21 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 22 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 23 Section 39730.6, Health and Safety Code. 24

Section 17409.5.3. Measuring Organic Waste in Material Removed from Mixed 25 Waste Organic Collection Stream for Disposal. 26

(a) The operator of an attended operation or facility that accepts a mixed waste organic 27 collection stream shall measure the amount by weight of organic waste present in the 28 material removed from the mixed waste organic collection stream after processing that 29 is sent to disposal. 30

(1) The measurements required pursuant to this section shall be conducted at the 31 following frequency: 32

(A) For each reporting period, the operator shall perform the sampling protocol 33 required in Subdivision (b) over ten (10) consecutive operating days. 34

(B) An operator may use the results of samples conducted over a period of more 35 than 10 days if the following apply: 36

1. If less than 10 additional days are sampled in the reporting period, the 37 additional operating days where sampling is performed shall be a consecutive 38 continuation of the original 10 consecutive days of sampling. 39

2. If 10 additional operating days or more are selected for sampling, the 40 additional operating days shall be conducted on consecutive days but may be 41 performed during a different part of the reporting period and are not required to 42 be a continuation of the original 10 operating days. 43

(b) The operator shall comply with Subdivision (a) by using the following protocol: 44

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(1) On each sampling day, take one sample of at least two hundred (200) pounds of 1 the material removed from mixed waste organic collection stream at the operation or 2 facility on that operating day prior to sending to disposal. Each sample shall be: 3

(A) Representative of a typical operating day; and 4

(B) A random, composite sample taken either from various times during the 5 operating day or from various locations within the pile(s) of material that will be 6 sent to disposal. 7

(2) Record the total weight of the sample. If the total weight of the materials removed 8 from the mixed waste organic collection stream in a single operating day is less than 9 200 pounds, the operator shall sample the stream that will be sent to disposal. 10

(3) Remove any incompatible material and determine the remaining weight of the 11 organic waste in the sample. 12

(4) Then determine the ratio of organic waste present in the materials removed from 13 the mixed waste organic collection stream for disposal by dividing the total weight 14 from Subdivision (b)(3) by the total weight recorded in Subdivision (b)(2). 15

(5) Determine the total weight of organic waste removed from the mixed organic 16 collection stream that is sent to disposal by multiplying the ratio determined pursuant 17 to Subdivision (b)(4) by the total weight of the materials removed from the mixed 18 waste organic collection stream for disposal. 19

(c) The operator shall conduct a measurement in the presence of the EA when 20 requested. 21

(d) If it is determined by the EA that the measurements do not accurately reflect the 22 records, the EA may require the operator to increase the frequency of measurements, 23 revise the measurement protocol, or both to improve accuracy. 24 (e)The operator shall maintain records of measurements and the training of personnel in 25 evaluating the amount of organic waste in the material removed from mixed waste 26 organic collection stream for disposal. 27

(f) For the purposes of this section “disposal” has the same meaning as “Activities that 28 constitute landfill disposal” as defined in Section 18982. 29

Note: 30 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 31 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 32 Section 39730.6, Health and Safety Code. 33

Section 17409.5.4. Measuring Organic Waste Recovered from Source Separated 34 Organic Waste Collection Stream. 35

(a) The operator of an attended operation or facility that accepts source separated 36 organic waste shall measure the amount by weight of organic waste separated…