Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) The following disposal activities do not
constitute C&D waste or inert debris operations or facilities for the
purposes of this Article and are not required to meet the requirements set
forth herein:
(1) Any use (e.g., grading) of
gravel, rock, soil, sand and similar, whether processed or not, that has never
been used in connection with any structure, road, parking lot, or similar
use.
(2) Engineered fill activities
which have local permits as required, and are carried out in conjunction with a
construction project (e.g., building and other construction, bridge and roadway
work, development of pathways or riding trails, etc), and which use
uncontaminated concrete and/or fully cured asphalt which has been reduced in
particle size to 2" or less as part of a recycling activity and concludes
within two years from commencement.
(3) Inert debris engineered fill activities
which conclude within one year of commencement and that meet all requirements
of section
17388.3 of this Article, except
subsections (b) inspections, (c) Plan, (d) State Minimum Standards, (g) final
cover, (h) scales and submittal of EA Notification.
(4) Removal and disposal of landslide debris
containing no C&D waste by Federal, State and local government public works
agencies and their contractors, provided that the material removed from such
sites is disposed in accordance with applicable law.
(5) Removal and disposal of sediment which
has accumulated within irrigation or flood control facilities and which
contains no solid waste, by Federal, State and local government public works
agencies and their contractors, provided that the material removed from such
sites is disposed or otherwise handled in accordance with applicable
law.
(6) The use of fully cured
asphalt, uncontaminated concrete (including steel reinforcing rods embedded in
the concrete), crushed glass, brick, ceramics, clay and clay products, which
may be mixed with rock and soil, in connection with road building, road repair,
airport runway construction, bridge and roadway work, levee work, flood control
work, and all associated activities by Federal, State and local government
public works agencies and their contractors.
(7) Existing C&D waste or inert debris
disposal sites from which all waste and debris have been removed (clean
closure) within one year after February 24, 2004, provided that the material
removed from such sites is disposed in accordance with applicable law. The
board may extend the time for clean closure by up to one year upon the
applicant's showing of good cause for such extension.
(b) Nothing in this section precludes the EA
or the board 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, including the use of a Notice and
Order. The burden of proof shall be on the owner or operator to demonstrate
that the activity is excluded pursuant to this section.
1. New
section filed 12-26-2003; operative 2-24-2004 (Register 2003, No.
52).
2. Editorial correction of HISTORY 1 (Register 2004, No.
2).
Note: Authority cited: Sections
40502,
43020,
43021
and
48007.5,
Public Resources Code. Reference: Sections
40053,
43020,
43021
and
48007.5,
Public Resources Code.
