Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The operator of an attended operation or facility that accepts a mixed waste organic collection stream shall measure the amount by weight of organic waste separated from the mixed waste organic collection stream after processing for end-use, recovery or further processing.
(1) The measurements required pursuant to this section shall be conducted at the following frequency:
(A) For each reporting period, the operator shall perform the sampling protocol required in Subdivision (b) over ten (10) consecutive operating days.
(B) An operator may use the results of samples conducted over a period of more than 10 days if the following apply:
1. If less than 10 additional days are sampled in the reporting period, the additional operating days where sampling is performed shall be a consecutive continuation of the original 10 consecutive days of sampling.
2. If 10 additional operating days or more are selected for sampling, the additional operating days shall be conducted on consecutive days but may be performed during a different part of the reporting period and are not required to be a continuation of the original 10 operating days.
(b) The operator shall comply with Subdivision (a) by using the following protocol:
(1) On each sampling day take one sample of at least two hundred (200) pounds from each organic waste type separated after processing at the operation or facility on that operating day prior to sending to a destination for end-use, recovery, or further processing. Each sample shall be:
(A) Representative of a typical operating day; and
(B) A random, composite sample taken either from various times during the operating day or from various locations within each pile of each of the organic waste types separated after processing.
(2) Record the weight of each sample from each organic waste type. If the total weight of a single organic waste type processed in a single operating day is less than 200 pounds, the operator shall sample all of that organic waste type that is separated after processing for end-use, recovery or further processing.
(3) For each sample, remove any incompatible material and determine the remaining weight of organic waste in that sample.
(4) Then determine a ratio for each type of organic waste in the mixed waste organic collection stream by dividing the total weight from Subdivision (b)(3) by the total weight recorded in Subdivision (b)(2).
(5) Multiply the ratio determined for each type of organic waste type pursuant to Subdivision (b)(4) by the total weight of all of the same type of organic waste separated after processing and destined for end-use, recovery or further processing
(6) Determine the total weight of organic waste separated from the mixed waste organic collection stream for recovery by adding the sum of all the weights calculated pursuant to Subdivision (b)(5).
(c) The operator shall conduct a measurement in the presence of the EA when requested.
(d) If it is determined by the EA that the measurements do not accurately reflect the records, the EA may require the operator to increase the frequency of measurements, revise the measurement protocol, or both to improve accuracy.
(e) If the operator sends any material to a POTW that is not authorized to receive, pursuant to Section 17896.6(a)(1)(C) or (D), that material shall be deemed to constitute landfill disposal pursuant to Section 18983.1(a)(3), and the weight of that material shall be added to the total weight calculated pursuant to Section 17409.5.3.
1. New section 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.
