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 6.0 - Transfer/Processing Operations and Facilities Regulatory Requirements › Section 17400 - Authority and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Articles 6.0, 6.1, 6.2, 6.3, and 6.35 set forth permitting requirements and
				  minimum operating standards for operations and facilities that receive, store,
				  handle, recover, transfer, or process solid waste which are subject to the
				  requirements of these Articles. The regulatory tier requirements of sections
				  17403 through
				  17403.9 are not applicable to
				  operations and facilities that are subject to regulations elsewhere in this
				  Chapter, including but not limited to, Article 5.6 (commencing at section
				  17360); and in Chapter 3.1
				  (commencing with section
				  17850). Activities placed within
				  the excluded tier in other parts of this Division, may still be subject to
				  these regulatory requirements.
(b)
				  These Articles are adopted pursuant to and for the purpose of implementing the
				  California Integrated Waste Management Act of 1989 (Act) commencing with
				  section
				  40000
				  of the Public Resources Code, as amended. These regulations should be read
				  together with the Act.
(c) These
				  Articles implement those provisions of the Act relating to receipt, storage,
				  handling, recovery, transfer, or processing of solid waste. Nothing in these
				  Articles limits or restricts the power of any federal, state, or local agency
				  to enforce any provision of law that it is authorized or required to enforce or
				  administer, nor to limit or restrict cities and counties from promulgating laws
				  which are as strict or stricter than the regulations contained in these
				  Articles. However, no city or county may promulgate laws which are inconsistent
				  with the provisions of these Articles.
(d) No provision in these Articles shall be
				  construed as relieving any owner, operator, or designee from obtaining all
				  required permits, licenses, or other clearances and complying with all orders,
				  laws, regulations, or reports, or other requirements of other regulatory or
				  enforcement agencies, including but not limited to, local heath agencies,
				  regional water quality control boards, Department of Toxic Substances Control,
				  California Department of Industrial Relations, Division of Occupational Safety
				  and Health, air quality management districts or air pollution control
				  districts, local land use authorities, and fire authorities.
(e) No provision in these Articles is
				  intended to require the owner or operator of an operation to comply with the
				  Enforcement Agency Notification requirements, or the owner or operator of a
				  facility to obtain a tiered permit in accordance with Title 27, Division 2,
				  Subdivision
				  1, Chapter 4, Subchapter 3,
				  Articles 2.0, 3.0 and 3.1 of the California Code of Regulations (commencing
				  with section
				  21570) et seq. and Title 14,
				  Division 7, Chapter 5.0, Article 3.0, (commencing with section
				  18100); if that owner or operator
				  already has a valid full solid waste facility permit and, that permit
				  authorizes the transfer/processing operation or facility.
(f) Notwithstanding subsection (a) of this
				  section, if a Chipping and Grinding Operation or Facility, as defined in
				  section 17852(k) of this
				  Division, handles material that fails to meet the definition of green material
				  due to contamination as set forth in section
				  17852(u) of this
				  Division, the operation or facility:
(1)
				  shall be subject to these regulatory requirements,
(2) shall not be considered to be a recycling
				  center as set forth in subsections (c) or (d) of section
				  17402.5, and
(3) shall not qualify as an excluded
				  operation as set forth in section
				  17403.1.