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 5.9 - Construction and Demolition and Inert Debris Transfer/Processing Regulatory Requirements › Section 17383.7 - Inert Debris Type a Processing Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All inert debris Type A processing operations subject to
					 this Article shall comply with the EA Notification requirements set forth in
					 CCR, Title 14, Division 7, Chapter 5.0, Article 3.0 and commencing with section
					 18100.
(a) Inert debris stored for more than 6
				  months that has not been processed and sorted for resale or reuse shall be
				  deemed to have been unlawfully disposed, and therefore subject to enforcement
				  action including the use of a Notice and Order as provided in section
				  18304.
(b) Inert debris that has been processed and
				  sorted for resale or reuse, but remains stored on site for more than 18 months,
				  shall be deemed to have been unlawfully disposed, and therefore subject to
				  enforcement action including the use of a Notice and Order as provided in
				  section 18304.
(c) The maximum amount of material that may
				  be stored on the site, including unprocessed material, material that is being
				  processed, and material that has been processed, is that amount which is the
				  product of 30 days multiplied by the maximum amount of incoming material
				  permitted per day.
(d) Storage time
				  limits may be extended in accordance with sections
				  17384(a) (Land
				  Use Entitlements), 17384(b) (Storage Plan), and 17384(c) (Financial Assurances)
				  of this Article.
(e) Residual
				  material shall be removed from the site within 48 hours or at an alternate
				  frequency approved by the EA.
(f)
				  These operations shall be inspected by the EA at least once every three (3)
				  months to verify compliance with 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 EA and Department requirements regarding the approval or denial of
				  requests for reducing the frequency of inspections.]
To the greatest
				  extent possible, all inspections shall be unannounced and shall be conducted at
				  irregular intervals.
(g) The
				  operator shall specify the operation's boundary area in the operating
				  record.
(h) Each operator of an
				  inert debris Type A processing operation shall file with the EA, together with
				  its application for an EA Notification, an Inert Debris Type A Processing
				  Operation Plan (as more fully described in Article 3.2, section
				  17386 of this Article). 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, Chapter 5,
				  Article 3.0, section
				  18101.
(i) Where the public may have access to them,
				  the debris piles and other piles of materials on site must be stable and
				  otherwise configured so as to protect the public health and safety.
(j) Each operator shall determine the weight
				  of all material received at the operation for handling and shall maintain
				  records of the weight of materials in accord with State Minimum Standards.
				  Weight shall be determined by the use of scales which may be located at the
				  operation or off-site.
(k) Each
				  operator 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.
1. New
					 section filed 7-10-2003; operative 8-9-2003 (Register 2003, No.
					 28).
2. Amendment of subsection (f) filed 11-10-2015; operative
					 1-1-2016 (Register 2015, No. 46).
3. New subsection (k) 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
						and
						43021,
						Public Resources Code. Reference: Section
						40053,
						43020
						and
						43021,
						Public Resources Code.