California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 3 - Minimum Standards for Solid Waste Handling and Disposal
Article 3 - Emergency Waiver of Standards
Section 17210.2 - Purpose and Limitations of an Emergency Waiver

Universal Citation: 14 CA Code of Regs 17210.2

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) An emergency waiver may only be issued when there has been a proclamation of a state of emergency or local emergency, as those terms are defined in this Article.

(b) An EA may approve and issue a waiver for the express purpose of enabling an operator of an existing permitted solid waste facility, a locally-approved temporary transfer or processing site, or a locally-approved temporary compostable material handling activity, to accept disaster debris and other nonhazardous wastes, in a manner not consistent with the terms and conditions of the relevant solid waste facilities permit or applicable state minimum standards, during the recovery phase of a state of emergency or local emergency.

(c) The waiver may apply to specified state minimum solid waste standards or a specific term or condition of a solid waste facilities permit at an existing solid waste facility, a locally-approved temporary transfer or processing site, or a locally-approved temporary compostable material handling activity, which are related to the following: the origin of waste; the rate of inflow for storage, transfer, processing, or disposal of waste; the type and moisture content of solid waste; the hours of facility operation; and the storage time before transfer, processing, or disposal of nonhazardous waste.

(d) The effective period of an initial waiver, once granted by the EA, shall not exceed 120 days. Upon receipt of the reports required in section 17210.5, the EA may extend the effective period of a waiver, as necessary, to assist in the recovery from an emergency.

(e) All other state minimum standards and permit conditions which are not the subject of the waiver shall remain in effect.

(f) A waiver may be modified, canceled, or revoked by the EA without advance notice should the EA determine that any of the following occurs:

(1) The use of such a waiver will cause or contribute to a public health and safety or environmental problem;

(2) The terms of the waiver are not being used expressly to handle the state of emergency or local emergency and are not in the best interest of the public health and safety;

(3) The waiver is no longer necessary;

(4) The solid waste facility operator is not utilizing disaster debris diversion programs to the extent feasible.

1. New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
2. Amendment of subsections (a)-(c) filed 6-18-2007 as an emergency; operative 6-18-2007 (Register 2007, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-17-2007 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (a)-(c) refiled 12-17-2007 as an emergency; operative 12-17-2007 (Register 2007, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-17-2008 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-17-2007 order transmitted to OAL 3-13-2008 and filed 4-25-2008 (Register 2008, No. 17).

Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 43002, 43020, 43021 and 43035, Public Resources Code.

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