Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Emergency Processing Facility Temporary Equipment or Operational Failure Waivers.
(1) If the facility processing a jurisdiction's organic waste notifies the jurisdiction that unforeseen operational restrictions have been imposed upon it by a regulatory agency or that an unforeseen equipment or operational failure will temporarily prevent the facility from processing and recovering organic waste, the jurisdiction may allow the organic waste stream transported to that facility to be deposited in a landfill or landfills for up to 90 days from the date of the restriction or failure.
(2) A jurisdiction shall notify the Department in writing within 10 days of a waiver decision pursuant to Subdivision (a)(1). The notice sent to the Department shall include a description of the equipment failure or operational restriction that occurred at the facility, the period of time that the jurisdiction will allow the organic waste stream to be deposited in a landfill or landfills, and the Recycling and Disposal Reporting System Number of the facility that experienced the temporary equipment or operational failure preventing it from receiving some or all of the jurisdiction's waste.
(b) Disasters and emergency waivers.
(1) A jurisdiction may submit a request for a waiver for the landfill disposal of "disaster debris" as defined in Section 17210.1(d) of this division that cannot be diverted as defined in Section 17210.1(e) of this division if a waiver or waivers have been granted pursuant to Sections 17210.4 and 17210.9 of this division.
(2) If a waiver or waivers have been granted pursuant to Subsection (1) the Department shall waive the organic waste collection requirements of this article in the affected areas for the duration of the waiver.
(3) A jurisdiction may dispose of sediment debris removed from dams, culverts, reservoirs, channels and other flood control infrastructure if the material is subject to a waste discharge requirement issued by the regional water quality control board that requires the average organic content of the debris to be less than five percent.
(c) A jurisdiction is not required to separate or recover organic waste that is removed from homeless encampments and illegal disposal sites as part of an abatement activity to protect public health and safety. If the total amount of solid waste removed for landfill disposal pursuant to this subdivision is expected to exceed 100 tons annually the jurisdiction shall record the amount of material removed.
(d) A jurisdiction may dispose of specific types of organic waste that are subject to quarantine and meet the following requirements:
(1) The organic waste is generated from within the boundaries of an established interior or exterior quarantine area defined by the California Department of Food and Agriculture for that type of organic waste.
(2) The California Department of Food and Agriculture or the County Agricultural Commissioner determines that the organic waste must be disposed at a solid waste landfill and the organic waste cannot be safely recovered through any of the recovery activities identified in Article 2 of this chapter.
(3) The jurisdiction retains a copy of the California Department of Food and Agriculture approved compliance agreement for each shipment stating that the material must be transported to a solid waste landfill operating under the terms of its own compliance agreement for the pest or disease of concern.
(e) Nothing in this chapter requires generators, jurisdictions or other entities subject to these regulations to manage and recover organic waste that federal law explicitly requires to be managed in a manner that constitutes landfill disposal as defined in this chapter.
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).
Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference: Section 42652.5, Public Resources Code; and Section 39730.6, Health and Safety Code.
