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 17388.4 - Inert Debris Type a Disposal Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Inert debris Type A disposal facilities shall obtain
					 Registration Permits and shall comply with the Registration Permit requirements
					 as set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0 (commencing
					 at Section
					 18100), with the following
					 requirements set out in CCR, Title 27, Division 2, Chapter 4, Subchapter 3,
					 Article 2 (commencing at Section
					 21570) in the same manner as if
					 they were municipal solid waste landfills, CCR, Title 14, Division 7, Chapter
					 9, and with all RWQCB waste discharge requirements.
(a) Each operator of an inert debris Type A
				  disposal facility shall submit a copy of its waste discharge requirements or a
				  letter of exemption from the applicable RWQCB to the EA together with its
				  application for a Registration Permit.
(b) Inert debris Type A disposal facilities
				  shall be inspected monthly by the EA in accordance with Public Resources Code
				  Section
				  43218.
(c) Each operator shall file with the EA,
				  together with its application for a solid waste facilities permit, a Disposal
				  Facility Plan (as more fully described in CCR, Title 14, Division 7, Chapter 5,
				  Article 3.2, Section
				  18223.6).
(d) Each operator must comply with the
				  closure and postclosure maintenance requirements of Title 27, CCR, Division 2,
				  Subchapter 5, Article 2 (commencing with Section
				  21099).
(e) Each operator must comply with the
				  financial assurance requirements for closure and postclosure maintenance,
				  operating liability and corrective action set forth in Title 27 CCR, Division
				  2, Chapter 6 (commencing at Section
				  22200).
(f) The EA shall comply with the Enforcement
				  Agency Requirements of Title 27 CCR, Division 2, Chapter 4, Subchapter 3,
				  Article 3, commencing with Section
				  21650.
(g) Inert debris Type A disposal facilities
				  shall maintain records in accordance with Title 14, California Code of
				  Regulations, Division 7, Chapter 9, Article 9.25, Section
				  18815.1 et seq. The records shall
				  be available for inspections as authorized by that article during normal
				  business hours and retained in the operating record near the site or in an
				  alternative location approved by the Local Enforcement Agency.
(h) Inert debris Type A disposal facilities
				  shall comply with the State Minimum Standards set forth in Title 27 CCR,
				  Division 2, Chapter 3.0, Subchapter 4, Articles 1 (Operating Criteria), Article
				  3 (Handling, Equipment and Maintenance), and Article 4 controls) (except
				  Sections 20880 and
				  20890).
(i) Each operator shall determine the weight
				  of all material received at the facility for disposal and shall maintain
				  records of the weight of materials as required herein. Until February 24, 2005,
				  weight of material shall be determined by a conversion factor authorized by the
				  EA for each waste type received. After that date, weight shall be determined by
				  the use of scales, which may be located at the operation or off-site.
				  Notwithstanding, operations in a rural city or rural county, as defined in
				  Public Resources Code Sections
				  40183
				  and
				  40184,
				  and operations that will cease activities within three years from February 24,
				  2004, as reflected in their Operation Plan may determine the weight of
				  materials received by use of conversion factors authorized by the EA for each
				  waste type or combination thereof received. Evidence of the accuracy of the
				  conversion factors shall be provided to the EA annually.
(j) If an inert debris Type A disposal
				  facility accepts for disposal any waste not authorized by, or pursuant to,
				  Subsection
				  17388(k)(1) 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 a
				  Registration Permit under this Section. Upon the third such violation, the EA
				  shall notify the operator in writing that the facility no longer qualifies for
				  a Registration Permit, and the operator must within 30 days apply for a Full
				  Solid Waste Facilities 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.
1. New
					 section filed 12-26-2003; operative 2-24-2004 (Register 2003, No.
					 52).
2. Editorial correction of HISTORY 1 (Register 2004, No.
					 2).
3. Amendment filed 3-14-2007; operative 4-13-2007 (Register
					 2007, No. 11).
4. Amendment of subsection (g) filed 3-5-2019;
					 operative 3-5-2019 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2019, No. 10).
Note: Authority cited: Sections
						40502,
						43020,
						43021
						and
						48007.5,
						Public Resources Code. Reference: Sections
						40053,
						43020,
						43021
						and
						48007.5,
						Public Resources Code.