Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A transfer/processing facility or operation shall only send offsite that organic waste recovered after processing from the source separated organic waste stream and from the mixed waste organic collection stream that meets the following requirements:
(1) On and after January 1, 2022 with no more than 20 percent of incompatible material by weight; and
(2) On and after January 1, 2024 with no more than 10 percent of incompatible material by weight.
(b) The operator shall measure compliance with Subdivision (a) by using the following protocol:
(1) Use the same samples taken to comply with Sections 17409.5.2 and 17409.5.4 and the same total weight of each of those samples.
(2) For each sample, remove any incompatible material and determine the weight of the incompatibles in that sample.
(3) Then determine a ratio of the incompatible material for each type of organic waste in the mixed waste organic collection stream and the source separated organic waste collection waste stream by dividing the total from Subdivision (b)(2) by the total from Subdivision (b)(1).
(4) Multiply the ratio determined pursuant to Subdivision (b)(3) for each type of organic waste 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.
(5) Determine the total weight of incompatible materials separated from the mixed waste organic collection stream and from the source separated organic waste stream by adding the sum of all the weights calculated pursuant to Subdivision (b)(4).
(6) Determine the ratio of incompatible materials by taking the total weight of incompatible materials determined pursuant to Subdivision (b)(5) and dividing by the sum of the outgoing weights of the materials recovered from the mixed waste organic collection stream and from the source separated organic waste stream.
(7) Determine the percentage of incompatible materials by multiplying the ratio determined pursuant to Subdivision (b)(6) by 100.
(c) The recovered organic waste stream shall not be subject to Section 17409.5.8(a) if the recovered organic waste is sent to one or more of the following types of facilities that will further process that waste:
(1) A transfer/processing facility or operation that complies with Section 17409.5.8(a).
(2) A compostable material handling facility or operation that, pursuant to Section 17867(a)(16), demonstrates that the percentage of organic waste in the-materials sent to disposal is:
(A) On and after January 1, 2022, less than 20 percent.
(B) On and after January 1, 2024, less than 10 percent.
(3) An in-vessel digestion facility or operation that, pursuant to Section 17896.44.1, demonstrates that the percentage of organic waste in the materials sent to disposal is:
(A) On and after January 1, 2022, less than 20 percent.
(B) On and after January 1, 2024, less than 10 percent.
(4) An activity that meets the definition of a recycling center as described in Section 17402.5(d).
(d) The operator shall conduct a measurement in the presence of the EA when requested.
(e) 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.
(f) For the purposes of this section "disposal" has the same meaning as "Activities that constitute landfill disposal" as defined in Section 18982.
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.
