Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) A site that receives only construction
and demolition debris and inert debris (CDI) and which meets the requirements
of this section shall be classified as a CDI recycling center. A site that
receives only inert debris and which meets the requirements of this section
shall be classified as an inert debris recycling center. CDI recycling centers
and inert debris recycling centers shall not be subject to any other
requirements of this Article except as specified in this section.
(1) The CDI debris that a CDI recycling
center receives shall have been separated at the point of generation.
(A) For the purposes of this section,
"separated at the point of generation" means that the material has been
separated from the solid waste stream by the generator of that material or by a
processor prior to receipt at a CDI recycling center and has not been
commingled with other solid waste or recyclable materials. For example, each
material type must be transferred in separate containers to the recycling
center. Notwithstanding, cardboard, lumber and metal may be commingled in a
single container.
(2) An
inert debris recycling center shall receive only Type A inert debris that is
source separated or separated for reuse. The inert debris may be commingled in
a single container.
(b)
CDI recycling centers and inert debris recycling centers shall meet the
following requirements:
(1) The residual
shall be less than 10% by weight of the amount of debris received at the site,
calculated on a monthly basis. Recycling center operators may report their
residual percentage to the EA and the Department on Form CIWMB 607 (see
Appendix A).
(2) The amount of
putrescible wastes in the CDI debris received at the site shall be less than 1%
by volume of the amount of debris received at the site, calculated on a monthly
basis, and the putrescible wastes shall not constitute a nuisance, as
determined by the EA.
(c)
Chipping and grinding of any material, or the receipt of chipped and ground
material, is prohibited at CDI recycling centers.
(d) The following storage time limits apply
to CDI recycling centers:
(1) CDI debris
stored for more than 30 days that has not been processed and sorted for resale
or reuse shall be deemed to have been unlawfully disposed and therefore subject
to enforcement action, including the use of a Notice and Order as provided in
section 18304.
(2) CDI debris that has been processed and
sorted for resale or reuse, but remains stored on-site for more than 90 days,
shall be deemed to have been unlawfully disposed and therefore subject to
enforcement action, including the use of a Notice and Order as provided in
section 18304.
(3) Storage time limits do not apply to CDI
recycling centers where a financial assurance mechanism pursuant to section
17384(c) has been
approved by the Department.
(4) At
the EA's discretion, storage time limits for sorted and processed materials may
be extended to the time specified in a land use entitlement for the site that
has an express time limit for the storage of materials.
(5) CDI recycling center storage time limits
may be extended for a specified period, if the operator submits to the EA a
storage plan as described in section
17384(b) and if
the EA finds, on the basis of substantial evidence, that the additional time
does not increase the potential harm to public health, safety and the
environment. The EA may consult with other public agencies in making this
determination. The extended storage term, any applicable conditions the EA
imposes and the EA's findings shall be in writing.
(e) The following storage limits apply to
inert debris recycling centers:
(1) Inert
debris stored for more than 6 months that has not been processed and sorted for
resale or reuse shall be deemed to have been unlawfully disposed and therefore
subject to enforcement action, including the use of a Notice and Order as
provided in section
18304.
(2) Inert debris that has been processed and
sorted for resale, or reuse, but remains stored on-site for more than 12
months, shall be deemed to have been unlawfully disposed and therefore subject
to enforcement action, including the use of a Notice and Order as provided in
section 18304.
(3) Storage time limits do not apply to Type
A inert debris recycling centers which are located at an inert debris
engineered fill operation, an inert debris Type A disposal facility, or at a
material production facility.
(4)
Storage time limits do not apply to Type A inert debris recycling centers where
a financial assurance mechanism pursuant to section
17384(c) has been
approved by the Department.
(5) At
the EA's discretion, storage limits for sorted and processed materials may be
extended to the time specified in a land use entitlement for the site that has
an express time limit for the storage of materials.
(6) Inert debris recycling center storage
limits may be extended for a specified period, if the operator submits to the
EA a storage plan as described in section
17384(b) and if
the EA finds, on the basis of substantial evidence, that the additional time
does not increase the potential harm to public health, safety and the
environment. The EA may consult with other public agencies in making this
determination. The extended storage term, any applicable conditions the EA
imposes and the EA's findings shall be in writing.
(f) Nothing in this section precludes the EA
or the Department from inspecting a site to verify that it is and has been
operating in a manner that meets the requirements of this section, or from
taking any appropriate enforcement action, including the use of a Notice and
Order as provided in section
18304.
(g) In evaluating whether or not a particular
site is in compliance with this section, the EA shall, among other things, do
the following:
(1) If the EA has reason to
believe that each load of debris received at a recycling center is not
separated at the point of generation, is not source separated or is not
separated for reuse, as applicable, or that the residual exceeds 10% of the
total debris received per month, or that the amount of putrescible wastes
exceeds 1% by volume of the total debris received per month, or material is
being stored in excess of the applicable storage limits, or that upon request
no evidence is provided by the owner and operator that the stored debris is
being accumulated for viable reuse, or that the site is not in compliance with
any other requirement in this section, the EA may require the owner or operator
to provide evidence that the recycling center is in compliance. The burden of
proof shall be on the owner and operator of the recycling center to demonstrate
it is in compliance.
(2) At the
time that the EA requires a recycling center to provide evidence that it is in
compliance with this section, the EA shall provide the owner and operator of
the recycling center a written description of the information that has caused
the EA to believe that the recycling center is not in compliance.
Notwithstanding, the EA shall not be required to identify the name or other
identifying information regarding any person(s) who has complained about the
recycling center.
(h)
Sites which do not meet the applicable requirements of this section do not
qualify as recycling centers and shall comply with this Article and all laws
and regulations applicable to them. The burden of proof shall be on the owner
and operator of a site to demonstrate that the activities at the site are not
subject to the requirements of this Article.
1. New
section filed 7-10-2003; operative 8-9-2003 (Register 2003, No.
28).
2. Amendment of subsections (b)(1), (d)(2)-(3), (e)(4), (f) and
(g)(1) filed 11-10-2015; operative 1-1-2016 (Register 2015, No.
46).
Note: Authority cited: Section
40502,
43020
and
43021,
Public Resources Code. Reference: 40053, 43020 and 43021, Public Resources
Code.