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 17380 - Authority and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Article 5.9 sets forth permitting requirements, tier requirements, and minimum
				  operating standards for operations and facilities that receive, store, handle,
				  transfer, or process construction and demolition (C&D) debris and inert
				  debris, as defined herein. C&D debris and inert debris are specific types
				  of solid waste that present a different potential threat to public health and
				  safety and the environment than typical municipal solid waste, thus, can be
				  handled with different regulatory oversight. This Article places operations and
				  facilities that handle C&D debris and inert debris into the board's tiers
				  to provide appropriate regulatory oversight to protect public health and safety
				  and the environment.
(b) This
				  Article is not applicable to operations and facilities that are wholly governed
				  by regulations elsewhere in this Chapter. Operations and facilities that
				  receive, store, handle, transfer, or process construction and demolition debris
				  or inert debris that is commingled with solid waste that does not meet the
				  definition of C&D debris or inert debris shall be regulated as
				  transfer/processing operations or facilities pursuant to Articles 6.0 through
				  6.35, inclusive, of this Chapter.
(c) This Article is 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 (PRC), as amended. These regulations should be
				  read together with the Act.
(d)
				  Nothing in this Article 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 local governments from
				  promulgating laws which are as strict as or stricter than the regulations
				  contained in this Article. However, no local government may promulgate laws
				  which are inconsistent with the provisions of this Article.
(e) No provision in this Article shall be
				  construed as relieving any owner, or operator from obtaining all required
				  permits, licenses, or other clearances and complying with all orders, laws,
				  regulations, reports, or other requirements of other regulatory or enforcement
				  agencies, including, but not limited to, local health agencies, Regional Water
				  Quality Control Boards, Department of Toxic Substances Control, air quality
				  management districts or air pollution control districts, local land use
				  authorities, and fire authorities.
(f) No provision of this Article is intended
				  to affect the rights or duties of any party to, or in any way influence the
				  interpretation of, any franchise agreement between a local government and its
				  franchisee, any other agreement among any parties, or any local ordinance with
				  respect to any aspect of solid waste handling, including without limitation
				  solid waste collection, transportation, processing, and storage, and solid
				  waste disposal.
(g) This Article
				  does not apply to persons who generate C&D debris or inert debris in the
				  course of carrying out construction, remodeling, repair, demolition or
				  deconstruction of buildings, roads and other structures (collectively,
				  "construction work") at the site of the construction work or to persons who own
				  the land, buildings and other structures that are the object of the
				  construction work, provided that such persons do not accept at the site any
				  C&D debris or inert debris that is generated at any other location, unless
				  it will be used in the construction work, and provided further that such
				  persons do not allow C&D debris or inert debris, other than C&D debris
				  or inert debris that is used in the construction work, to remain on the site of
				  the construction work after the construction work is completed. For example,
				  public works agencies constructing roads and bridges, road repair, airport
				  runway construction, bridge and roadway work, levee work, flood control work,
				  or landslide debris cleanup, and public or private contractors demolishing or
				  constructing buildings are not subject to these regulations during the course
				  of the construction work.
1. New
					 article 5.9 (sections
					 17380-17386) and section filed
					 7-10-2003; operative 8-9-2003 (Register 2003, No.
					 28).
Note: Authority cited: Sections
						40502,
						43020
						and
						43021,
						Public Resources Code. Reference: Sections
						40053,
						43020
						and
						43021,
						Public Resources Code.