Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) This section sets forth definitions and
related provisions regarding activities that are not subject to the
requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter.
(1) Activities that are not in compliance
with the applicable definitions and related provisions of this section shall be
subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this
Chapter.
(2) The definitions and
related provisions of this section are for use only to determine the
applicability of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this
Chapter.
(b) The
following general definitions may apply to one or more of the activities that
are more specifically defined in subdivisions (c) and (d) of this section.
(1) "Residual" means the solid waste destined
for disposal, further transfer/processing as defined in section
17402(a)(30) or
(31) of this Article, or transformation which
remains after processing has taken place and is calculated in percent as the
weight of residual divided by the total incoming weight of materials.
(2) "Reuse" means the use, in the same, or
similar, form as it was produced, of a material which might otherwise be
discarded.
(3) "Separated for
Reuse" means materials, including commingled recyclables, that have been
separated or kept separate from the solid waste stream for the purpose of
additional sorting or processing those materials for recycling or reuse in
order to return them to the economic mainstream in the form of raw material for
new, reused, or reconstituted products which meet the quality standards
necessary to be used in the marketplace, and includes materials that have been
"source separated".
(4) "Source
Separated" means materials, including commingled recyclables, that have been
separated or kept separate from the solid waste stream, at the point of
generation, for the purpose of additional sorting or processing those materials
for recycling or reuse in order to return them to the economic mainstream in
the form of raw material for new, reused, or reconstituted products which meet
the quality standards necessary to be used in the
marketplace.
(c)
Activities included in one of the following definitions are not subject to the
requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter, provided
that these activities do not include the acceptance of solid waste which has
not been separated for reuse. If an activity defined in this section is
accepting solid waste which has not been separated for reuse, it must meet the
requirements of subdivision (d) of this section or else it shall be subject to
the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter.
(1) "Auto Dismantler" means a person or
business entity engaged in the business of buying, selling, or dealing in
vehicles including nonrepairable vehicles, for the purpose of dismantling the
vehicles, buying or selling the integral parts and component materials thereof,
in whole or in part, or dealing in used motor vehicle parts pursuant to
California Vehicle Code, section
220.
(2) "Auto Shredder" or "Metal Shredder" means
a person or business entity that accepts scrap metal, typically automobiles and
white goods, and mechanically rends that scrap metal into fist sized bits and
pieces and separates the ferrous metals, nonferrous metals and other materials
for the purpose of recycling.
(3)
"Buy Back Center" means a person or business entity engaging in those
activities defined in Public Resources Code Sections
14518,
or
14520.
(4) "Drop-off Center" means a person or
business entity engaging in those activities defined in Public Resources Code
Section
14511.7.
(5) "Manufacturer" means a person or business
entity that uses new or separated for reuse materials as a raw material in
making a finished product that is distinct from those raw materials.
(6) "Regional Organic Distribution Center"
means a distribution center that receives unsold food produce, including
packaged food produce (sometimes referred to as "pre-consumer") back from
stores to which it was originally sent by that distribution center, and which
remains the property of the distribution center or stores, for the purpose of
data collection, depackaging, and transferring this produce and other food to a
compostable material handling operation or facility, in-vessel digestion
operation or facility, or to another beneficial use.
(7) "Rendering Activities" means an activity
that is a licensed animal food manufacturing activity, or a rendering activity
which is authorized by the California Department of Food and Agriculture
pursuant to Section
19300 of the Food and Agricultural
Code, and in which no solid waste feedstock bypasses the manufacturing or
rendering process.
(8) "Reuse
Salvage Operation" means a person or business entity which sterilizes,
dismantles, rebuilds, or renovates, nonputrescible separated-for-reuse
materials, and that recovers for recycling or reuse distinct material types
that have not been commingled with other materials before they enter the waste
stream. Examples of this activity include, but are not limited to, wire
choppers, and dismantlers of furniture and mattresses, and "brown goods" such
as computer equipment, VCRs, and televisions.
(9) "Scrap Metal Recyclers and Dealers" means
a person or business entity including all employees of the person or business
entity, (except automotive recyclers and auto shredders as defined in this
section), whose primary business is the purchasing; processing by shredding,
shearing, baling, and torching; trading, bartering or otherwise receiving
secondhand or castoff metal material which includes ferrous metals, nonferrous
metals, aluminum scrap, auto bodies, major appliances and other metals,
including containers that are regulated pursuant to Public Resources Code
Section
14511.7,
14518
or
14520.
(10) "Wire Chopper" means a person or
business entity which uses source separated metal components or wire for the
purpose of recycling or reuse.
(11)
"Wood, Paper or Wood Product Manufacturer" means a person or business entity
that uses separated for reuse paper or woody materials in order to produce a
finished product able to be used as is, or to manufacture another product such
as, boxes or boards, without further processing.
(d) A "Recycling Center" means a person or
business entity that meets the requirements of this subdivision. A recycling
center shall not be subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3
and 6.35 of this Chapter.
(1) A recycling
center shall only receive material that has been separated for reuse prior to
receipt.
(2) The residual amount of
solid waste in the separated for reuse material shall be less than 10% of the
amount of separated for reuse material received by weight.
(A) The residual amount is calculated by
measuring the outgoing tonnage after separated for reuse materials have been
removed.
(B) The residual amount is
calculated on a monthly basis based on the number of operating
days.
(3) The amount of
putrescible wastes in the separated for reuse material shall be less than 1% of
the amount of separated for reuse material received by weight, and the
putrescible wastes in the separated for reuse material shall not cause a
nuisance, as determined by the EA.
(A) The
amount of putrescible wastes is calculated in percent as the weight of
putrescible wastes divided by the total incoming weight of separated for reuse
material.
(B) The amount of
putrescible wastes is calculated on a monthly basis based on the number of
operating days.
(4) The
only separation that may occur at the recycling center is the sorting of
materials that have been separated for reuse prior to receipt.
(5) The recycling center may include an
adjustment in the calculation to include the weight of water in the residual,
when the use of water is essential to the sorting or processing of the
material, provided that such an adjustment is also made in the weight of
materials received for processing.
(6) The following materials shall not be
included in calculating residual as set forth in subdivision (d)(2) of this
section, if the recycling activities are separated from the material handling
activities noted below by a defined physical barrier or where the activities
are otherwise separated in a manner that the EA determines will keep the
materials from being commingled:
(A) materials
received at an on-site Buy Back Center;
(B) materials received at an on-site Drop-off
Center;
(C) cannery
waste;
(D) construction and
demolition materials;
(E)
nonhazardous contaminated soil;
(F)
grease-trap pumpings;
(G)
nonhazardous asbestos;
(H)
nonhazardous ash;
(I) compost and
compost feedstock;
(J) sewage
sludge;
(K)
tires.
(7) If the EA has
information that material that is being received is not separated for reuse or
source separated, that the residual is 10% or more of the total per month, or
that the amount of putrescible wastes is 1% or more of the total per month, the
burden of proof shall be on the owner or operator to demonstrate otherwise.
(A) A business that accepts loads of material
that are not separated for reuse or source separated does not qualify as a
recycling center.
(B) If the EA has
reason to believe that a business is accepting material that is not separated
for reuse or source separated due to averaging or combining of those loads with
other loads of separated for reuse material, the burden of proof will be on the
business to demonstrate that it is not accepting loads of mixed solid
waste.
(C) If the EA has reason to
believe that a business is accepting material that is not separated for reuse
or source separated due to the separation of portions of the material at
consecutive sites, each of which removes less than 10% residual, the burden of
proof will be on the business to demonstrate that it is not accepting loads of
mixed solid waste.
(D) If the EA
determines that a business has exhibited a pattern and practice of failing to
comply with the provisions of this subsection, the EA may issue a Notice and
Order requiring the business to obtain a Registration Permit or Full Permit or
comply with the Enforcement Agency Notification requirements as made applicable
in sections
17403 through
17403.7 of this Article.
(E) At the time that the EA requires a
recycling center to provide evidence that it is in compliance with this
subdivision, the EA shall provide the recycling center with a written
description of the information that has caused the EA to believe that the
recycling center is not in compliance. Nothing in this requirement is intended
to require the EA to identify the name or other identifying information
regarding any individual(s) who have complained about the recycling
center.
(F) Nothing in this section
precludes the enforcement agency or the Department from the following:
inspecting a business to verify that it is conducted in a manner that meets the
provisions of this subsection; or, from taking any appropriate enforcement
action, including the use of a Notice and Order as provided in Section
18304.
(8) Operations which do not meet the 10%
residual percentage in subdivision (d)(2) of this section but which qualify as
a Limited Volume Transfer Operation, shall comply with the requirements of
section 17403.3 within one month of March
5, 1999.
(9) recycling center
operators may voluntarily report their residual percentage to the EA and the
Department using form CIWMB 607 (located in Appendix A).
(10) If the EA determines that a person or
business entity purporting to operate a recycling center is not in compliance
with this subsection and issues an enforcement order, that person or business
entity may appeal that order in accordance with Public Resources Code section
44307.
(e) If a Chipping and Grinding Operation or
Facility, as defined in section
17852(a)(10) of
this Division, handles material that fails to meet the definition of green
material due to contamination as set forth in section
17852(a)(21) of
this Division, the operation or facility shall not be considered to be a
recycling center as set forth in subsections (c) or (d) of section
17402.5
1. New
section filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11343.4(d)
(Register 99, No. 11).
2. Amendment filed 8-13-2001 as an emergency;
operative 2-11-2002 (Register 2001, No. 33). A Certificate of Compliance must
be transmitted to OAL by 7-11-2002 or emergency language will be repealed by
operation of law on the following day.
3. Amendment refiled
6-13-2002 as an emergency; operative 6-13-2002 (Register 2002, No. 24). A
Certificate of Compliance must be transmitted to OAL by 10-11-2002 or emergency
language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 6-13-2002 order, including
further amendment of section, transmitted to OAL 8-22-2002 and filed 9-30-2002
(Register 2002, No. 40).
5. Change without regulatory effect
amending subsection (e) filed 6-29-2004 pursuant to section
100, title 1, California Code of
Regulations (Register 2004, No. 27).
6. Amendment of subsection
(c)(6), repealer and new subsection (c)(7), amendment of subsections (d)(7)(F)
and (d)(9) 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
40053,
42652.5,
43020
and
43021,
Public Resources Code; and Section
39730.6,
Health and Safety Code.