Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Except as provided otherwise in this Chapter, the activities listed in this section do not constitute compostable material handling operations or facilities and are not required to meet the requirements set forth herein. Nothing in this section precludes the EA or the Department from inspecting an excluded activity to verify that the activity is being conducted in a manner that qualifies as an excluded activity or from taking any appropriate enforcement action.
(1) An activity is excluded if it handles agricultural material, derived from an agricultural site, and returns a similar amount of the material produced to that same agricultural site, or an agricultural site owned or leased by the owner, parent, or subsidiary of the composting activity. No more than an incidental amount of up to 1,000 cubic yards of compost product may be given away or sold annually.
(2) Vermicomposting is an excluded activity. The handling of compostable material prior to and after its use as a growth medium during the vermicomposting process is not an excluded activity and is subject to the requirements of this chapter or the Transfer/Processing Operations and Facilities Regulatory Requirements (Title 14, California Code of Regulations, Division 7, Chapter 3, Article 6.0-6.35), whichever is applicable, as follows:
(A) when the compostable material is active compost or is likely to become active compost, as determined by the EA, the requirements of this chapter apply;
(B) at all other times when it is not being used as a growth medium during vermicomposting, the compostable material is subject to the Transfer/Processing Operations and Facilities Regulatory Requirements.
(3) Mushroom farming is an excluded activity. The handling of compostable material prior to and after its use as a growth medium during the mushroom farming process is not an excluded activity and is subject to the requirements of this chapter or the Transfer/Processing Operations and Facilities Regulatory Requirements (Title 14, California Code of Regulations, Division 7, Chapter 3, Article 6.0-6.35), whichever is applicable, as follows:
(A) when the compostable material is active compost or is likely to become active compost, as determined by the EA, the requirements of this chapter apply;
(B) at all other times when it is not being used as a growth medium during mushroom farming, the compostable material is subject to the Transfer/Processing Operations and Facilities Regulatory Requirements.
(4) Composting green material, agricultural material, food material, and vegetative food material, alone or in combination, is an excluded activity if the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet. [Note: Persons handling compostable material under the above exclusion are obligated to obtain all permits, licenses, or other clearances that may be required by other regulatory agencies including, but not limited to local health entities and local land use authorities.]
(5) The handling of compostable materials is an excluded activity if:
(A) the activity is located at a facility (i.e., landfill or transfer/processing facility) that has a tiered or full permit as defined in section 18101,
1. has a Report of Facility Information which is completed and submitted to the EA that identifies and describes the activity and meets the requirements of Titles 14 or 27; and,
2. will only use the material on the facility site, or
(B) the activity is solely for the temporary storage of biosolids sludge at a Publicly Owned Treatment Works (POTW), or
(C) the activity is located at the site of biomass conversion and is for use in biomass conversion as defined in Public Resources Code section 40106; or
(D) the activity is part of a silvicultural operation or a wood, paper, or wood product manufacturing operation; or
(E) the activity is part of an agricultural operation and is used to temporarily store or process agricultural material not used in the production of compost or mulch; or
(F) the activity is part of an operation used to chip and grind materials derived from and applied to lands owned or leased by the owner, parent, or subsidiary of the operation; or
(G) the activity is part of an agricultural operation used to chip and grind agricultural material produced on lands owned or leased by the owner, parent, or subsidiary of the agricultural operation, for use in biomass conversion; or
(H) An activity that is a licensed animal food manufacturing activity, or a rendering activity which is authorized by the California Department of Food and Agriculture pursuant to Section 19300 of the Food and Agricultural Code, and in which no solid waste feedstock bypasses the manufacturing or rendering process; or
(I) the activity is the storage of yard trimmings at a publicly designated site for the collection of lot clearing necessary for fire protection provided that the public agency designating the site has notified the fire protection agency; or
(J) the materials are handled in such a way to preclude their reaching temperatures at or above 122 degrees Fahrenheit as determined by the EA; or
(6) Storage of bagged products from compostable material is an excluded activity provided that such bags are no greater than 5 cubic yards.
1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer, relocation and new section and amendment of article 2 heading filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
3. Amendment of subsections (a)(3) and (a)(5) and new subsections (a)(6) and (a)(7) 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 subsections (a)(3) and (a)(5) and new subsections (a)(6) and (a)(7) 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, including further amendment of subsections (a)(3) and (a)(5)-(7), 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 subsections (a), (a)(5)(A), (a)(5)(A)2., (a)(5)(B) and (a)(7) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
8. Amendment filed 11-10-2015; operative 1-1-2016 (Register 2015, No. 46).
9. Amendment of subsection (a)(5)(H) and NOTE 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 and 43021, Public Resources Code. Reference: Sections 42652.5, 43020 and 43021, Public Resources Code; and Section 39730.6, Health and Safety Code.
