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 17383.5 - Medium Volume Construction and Demolition/Inert Debris Processing Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All medium volume CDI debris processing facilities subject
					 to this Article shall comply with the Registration Permit tier requirements set
					 forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at
					 section 18100 et seq.
(a) The amount of residual in the C&D
				  debris and type A inert debris shall be less than 40% of the amount of such
				  material by weight. The residual amount is calculated on a monthly basis.
				  Facilities which do not meet the 40% residual requirement of this subsection
				  shall obtain a Full Permit and shall comply with the requirements applicable to
				  a Large Volume CDI Debris Processing Facility. If the EA determines that a
				  Medium Volume CDI Debris Processing Facility has exhibited a pattern and
				  practice of failing to comply with the provisions of this subsection, the EA
				  shall take appropriate enforcement action.
(b) CDI debris stored for more than 15 days
				  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.
(c) CDI debris that has been processed and
				  sorted for resale or reuse, but remains stored on site for more than one year,
				  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.
(d) 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.
(e) Storage time
				  limits may be extended in accordance with sections
				  17384(a) (Land
				  Use Entitlement), 17384(b) (Storage Plan), and 17384(c) (Financial Assurances)
				  of this Article.
(f) Residual
				  material shall be removed from the site within 48 hours or at an alternate
				  frequency approved by the EA.
(g)
				  Each operator of a medium volume CDI processing facility shall file with the
				  EA, together with its application for a Registration Permit, a CDI Processing
				  Facility Plan (as more fully described in Article 3.2, section
				  18223 of this Chapter). 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.
(h) Medium volume CDI debris processing
				  facilities shall be inspected monthly by the EA in accordance with PRC section
				  43218.
				  To the greatest extent possible, all inspections shall be unannounced and shall
				  be conducted at irregular intervals.
(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) C&D Mulch that is not compostable
				  material produced at a medium volume CDI processing operation must meet all
				  requirements of a medium volume chipping and grinding operation, including the
				  storage limits.
(k) If a medium
				  volume CDI processing facility exceeds any combination of the following
				  limitations, which are more fully described in this Section
				  17383.5, three (3) or more times
				  within any two (2) year period which the EA determines constitutes a violation
				  of this Article, then 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
				  Permit as if it were a large volume CDI processing facility pursuant to Section
				  17383.6. 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. The limitations to which
				  this subdivision applies are:
(1) Maximum
				  amount of residual specified in Subsection
				  17383.5(a).
(2) Maximum tonnage received per day as
				  specified in Subsection
				  17381(t).
(3) Maximum amount of material on site as
				  specified 17383.5(d).