California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 3.1 - Compostable Materials Handling Operations and Facilities Regulatory Requirements
Article 8 - Composting Operation and Facility Records
Section 17869 - General Record Keeping and Reporting Requirements
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Except as provided in subsection (d), all compostable materials handling operations and facilities shall meet the following requirements:
(a) All records required by this Chapter shall be kept in one location and accessible for five (5) years and shall be available for inspection by authorized representatives of the Department, EA, local health entity, and other duly authorized regulatory and EAs during normal working hours.
(b) The operator shall record any special occurrences encountered during operation and methods used to resolve problems arising from these events, including details of all incidents that required implementing emergency procedures.
(c) The operator shall record any public complaints received by the operator, including:
(d) The operator shall maintain records listed in this subdivision in a form and manner approved by the EA. Agricultural compostable materials handling operations shall maintain records only for compostable material accepted from off-site. Such records shall be adequate for overall planning and control purposes and be as current and accurate as practicable. The records shall be maintained for five (5) years in the operating record and be available for review by the appropriate jurisdiction of origin, haulers, and other duly authorized regulatory agencies.
(e) The operator shall maintain the following records under this section
(f) The operator shall record all test results generated by compliance with Article 7 of this Chapter, including but not limited to, metal concentrations, physical contamination limits, fecal coliform and Salmonella sp. densities, temperature measurements, and dates of windrow turnings; chipping and grinding operations and facilities must record the determinations of the percentage of physical contaminants required by 17862.1(d).
(g) The operator shall record and retain records of any serious injury to the public occurring on-site and any complaint of adverse health effects to the public attributed to operations. Serious injury means any injury that requires inpatient hospitalization for a period in excess of 24 hours or in which a member of the public suffers a loss of any member of the body or suffers any degree of permanent disfigurement.
(h) The operator shall retain a record of training and instruction completed in accordance with section 17867.5.
(i) Each operator shall maintain records in accordance with Title 14, California Code of Regulations, Division 7, Chapter 9, Article 9.25, Section 18815.1 et. seq. The records shall be available for inspections as authorized by that article during normal business hours and retained in the operating record near the site or in an alternative location approved by the Local Enforcement Agency.
(j) The operator shall provide the EA all requested information and other assistance so that the EA can verify that the measurements conducted by the operator are consistent with the requirements of Section 17867(a)(16). The EA shall conduct such verification through:
(k) If, at any time, the EA determines that the records required by this section indicate that compostable material is sent offsite to any destination(s) other than an authorized permitted solid waste facility or operation, the EA shall directly observe any compostable material onsite designated for such offsite destination(s). If physical contaminants, based on visual observation, clearly exceed the limits in Section 17852(a) (24.5)(A)1., the EA may require the operator to further process such material.
1. New article 3 and section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer of article 3, new article 8 and repealer and new section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
3. Amendment of subsection (d) 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 subsection (d) 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 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. Amendment of subsections (a) and (f) filed 11-10-2015; operative 1-1-2016 (Register 2015, No. 46).
8. Amendment of subsection (f) and new subsection (i) filed 3-5-2019; operative 3-5-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 10).
9. Amendment of section heading and subsection (d), repealer of subsection (e), new subsections (e)-(e)(5) and (j)-(k) and amendment of 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.
