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 5.95 - Construction and Demolition Waste and Inert Debris Disposal Regulatory Requirements
Section 17388.3 - Inert Debris Engineered Fill Operations

Universal Citation: 14 CA Code of Regs 17388.3

Current through Register 2023 Notice Reg. No. 52, December 29, 2023

Inert debris engineered fill operations shall submit EA Notifications, as set forth in CCR, Title 14, Section 18100 et seq. and shall comply with all applicable RWQCB waste discharge requirements.

(a) Each operator of an inert debris engineered fill operation shall submit a copy of its waste discharge requirements or a letter of exemption from the applicable RWQCB to the EA together with its notification of intent to operate.

(b) Inert debris engineered fill operations shall be inspected by the EA at least once every three (3) months to verify compliance with State Minimum Standards unless the EA approves, with Department concurrence, a reduced inspection frequency. The EA may approve a reduced inspection frequency only if it will not pose an additional risk to public health and safety or the environment but in no case shall the frequency be less than once per calendar year.

[NOTE: See section 18083(a)(3) for additional enforcement agency and Department requirements regarding the approval or denial of requests for reducing the frequency of inspections.]

(c) Each operator of an inert debris engineered fill operation shall file an "Operation Plan" (as specified in this Article, Section 17390) with the EA together with its notification of intent to operate. The information contained in the Plan shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Section 18101.

(d) All inert debris engineered fill operations shall comply with the State Minimum Standards set forth in Title 27 CCR, Division 2, Chapter 3.0, Subchapter 4, Article 1 (Operating Criteria), and Article 3 (Handling, Equipment and Maintenance), and Article 4 (Controls) (except sections 20515, 20640, 20880, and 20890).

(e) By March 1 of each year, the operator shall report to the EA and the board the total amount of inert debris deposited during the previous year. However, the operator is not subject to the disposal reporting record requirements of Title 14 CCR, Division 7, Chapter 9, Article 9.2 or the disposal fee specified in Public Resources Code Section 48000 and Revenue and Taxation Code Section 45151.

(f) All inert debris engineered fill operations, upon completion or cessation of fill activities for more than one year and upon any transfer of any part of the land subject to the operation prior to completion of fill activities, shall comply with the requirements in Title 27, subsections 21170(a) (1,2 and, if applicable, 3).

(g) Upon the final placement of waste at the site, the operator shall cover the site of fill with three feet of compacted soil above the fill area or with other final cover as determined by the EA. The EA may determine, on the basis of substantial evidence, that a lesser amount of final cover or no final cover is needed, based on potential impacts to the public health, safety and the environment.

(h) If an inert debris engineered fill operation exceeds any combination of the following requirements three (3) or more times within any two (2) year period which the EA determines constitutes a violation of this Article, the facility no longer qualifies for an EA Notification under this section. Upon the third such violation, the EA shall notify the operator in writing that the facility no longer qualifies for an EA Notification, and the operator must within 30 days apply for a Full Permit as if it were a CDI Waste Disposal Facility pursuant to Section 17388.5. In addition, the EA shall issue a cease and desist order pursuant to Section 18304 directing, among other things, that the operator immediately cease accepting material at the site until the operator has demonstrated to the EA that it has corrected the violation and eliminated the cause of the violation. Notwithstanding, the EA may at any time take any additional enforcement action the EA deems appropriate.

The requirements to which this subdivision applies are:

1. Disposal of any wastes not authorized by subsection 17388 (l);

2. Failure to comply with the requirements for certification by an engineer specified in subsection 17388 (l);

3. Failure to comply with requirements for operator certification of materials disposed in the fill as required in subsection 17388 (l).

(i) Inert debris engineered fill operations are not required to meet the notification requirements of this Article if the operation is occurring at a disposal facility that has a full solid waste facilities permit and the permit authorizes the activity either through a specific condition in the permit or as described and approved in the Report of Disposal Site Information.

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).
3. Amendment of first paragraph and subsections (b), (c), (e) and (f) filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
4. Amendment of subsection (b) filed 11-10-2015; operative 1-1-2016 (Register 2015, No. 46).

Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code.

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