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

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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
).