California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 3.1 - Compostable Materials Handling Operations and Facilities Regulatory Requirements › Article 1 - General › Section 17852 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				  purposes of this Chapter:
(1) "Active
				  Compost" means compost feedstock that is in the process of being rapidly
				  decomposed and is unstable. Active compost is generating temperatures of at
				  least 50 degrees Celsius (122 degrees Fahrenheit) during decomposition; or is
				  releasing carbon dioxide at a rate of at least 15 milligrams per gram of
				  compost per day, or the equivalent of oxygen uptake.
(2) "Additives" means material mixed with
				  feedstock or active compost in order to adjust the moisture level, carbon to
				  nitrogen ratio, or porosity to create a favorable condition. Additives include,
				  but are not limited to, fertilizers and urea. Additives do not include septage,
				  biosolids, or compost feedstock.
(3) "Aerated Static Pile" means a composting
				  process that uses an air distribution system to either blow or draw air through
				  the pile. Little or no pile agitation or turning is performed.
(4) "Aerobic Decomposition" means the
				  biological decomposition of organic substances in the presence of
				  oxygen.
(4.5) "Agricultural
				  By-Product Material" means post-harvest agricultural by-products separated at a
				  processing facility.
(A) Agricultural
				  By-product Material includes, but is not limited to, solid or semi-solid
				  materials from fruit, nut, cotton, and vegetable processing facilities such as
				  stems, leaves, seeds, nut hulls and shells, peels, and off-grade, over-ripe, or
				  under-ripe produce.
(B)
				  Agricultural By-product Material does not contain packaging material, physical
				  contaminants, or hazardous materials, and does not include wastewater, sludges,
				  or additives.
(5)
				  "Agricultural Material" means waste material of plant or animal origin, which
				  results directly from the conduct of agriculture, animal husbandry,
				  horticulture, aquaculture, silviculture, vermiculture, viticulture and similar
				  activities undertaken for the production of food or fiber for human or animal
				  consumption or use, which is separated at the point of generation, and which
				  contains no other solid waste. With the exception of grape pomace or material
				  generated during nut or grain hulling, shelling, and processing, agricultural
				  material has not been processed except at its point of generation and has not
				  been processed in a way that alters its essential character as a waste
				  resulting from the production of food or fiber for human or animal consumption
				  or use. Material that is defined in this section
				  17852 as "food material" or
				  "vegetative food material" is not agricultural material. Agricultural material
				  includes, but is not limited to, manures, orchard and vineyard prunings, grape
				  pomace, and crop residues.
(6)
				  "Agricultural Material Composting Operation" means an operation that produces
				  compost from green or agricultural material additives, and/or
				  amendments.
(7) "Amendments" means
				  materials added to stabilized or cured compost to provide attributes for
				  certain compost products, such as product bulk, product nutrient value, product
				  pH, and soils blend. Amendments do not include septage, biosolids, or compost
				  feedstock.
(8) "Anaerobic
				  Decomposition" means the biological decomposition of organic substances in the
				  absence of oxygen.
(9) "Biosolids"
				  means solid, semi-solid, or liquid residue generated during the treatment of
				  domestic sewage in a treatment works. Biosolids includes, but is not limited
				  to, treated domestic septage and scum or solids removed in primary, secondary,
				  or advanced wastewater treatment processes. Biosolids includes the residue
				  solids resulting from the co-digestion of anaerobically digestible material
				  with sewage sludge. Biosolids does not include ash generated during the firing
				  of sewage sludge in a sewage sludge incinerator or grit and screenings
				  generated during the preliminary treatment of domestic sewage in a treatment
				  works.
(10) "Chipping and Grinding
				  Operations and Facilities" means an operation or facility, that does not
				  produce compost that mechanically reduces the size or otherwise engages in the
				  handling, of compostable material and:
(A) The
				  site does the following:
1. The site handles
				  only material, excluding manure, allowed at a green material composting
				  operation or facility as set forth in section
				  17852(a)(22);
				  and,
2. Each load of green material
				  is removed from the site within 48 hours of receipt. The EA may allow a site to
				  keep green material on-site for up to 7 days if the EA determines that the
				  additional time does not increase the potential for violations of this
				  Chapter.
(B) If the site
				  fails to meet the definition of green material because it exceeds the
				  contamination limits in section
				  17852(a)(21), the
				  site shall be regulated as set forth in the Transfer/Processing Regulatory
				  requirements (commencing at section
				  17400).
(C) If the site fails to meet the definition
				  of this section because the green material remains on-site for a longer period
				  of time than is allowed, then the site shall be regulated as a compostable
				  material handling operation or facility, as set forth in this
				  Chapter.
(11)
				  "Compostable Material" means any organic material that when accumulated will
				  become active compost as defined in section
				  17852(a)(1).
(12) "Compostable Materials Handling
				  Operation" or "Facility" means an operation or facility that processes,
				  transfers, or stores compostable material. Handling of compostable materials
				  results in controlled biological decomposition. Handling includes composting,
				  screening, chipping and grinding, and storage activities related to the
				  production of compost, compost feedstocks, and chipped and ground materials.
				  "Compostable Materials Handling Operation or Facility" does not include
				  activities excluded from regulation in section
				  17855. "Compostable Materials
				  Handling Operation or Facility" also includes:
(A) agricultural material composting
				  operations;
(B) green material
				  composting operations and facilities;
(C) vegetative food material composting
				  facilities;
(D) research composting
				  operations;
(E) chipping and
				  grinding operations and facilities; and,
(F) biosolids composting operations at
				  POTWs.
(13) "Curing"
				  means the final stage of the composting process that occurs after compost has
				  undergone pathogen reduction, as described in section
				  17868.3, and after most of the
				  readily metabolized material has been decomposed and stabilized.
(13.5) "Digestate" means the solid and/or
				  liquid residual material remaining after organic material has been processed in
				  an in-vessel digester, as defined in section
				  17896.2(a)(14).
				  Digestate intended to be composted pursuant to this Chapter may only be handled
				  at a facility that has obtained a Compostable Materials Handling Facility
				  Permit pursuant to section
				  17854.
(14) "Domestic Sewage" means waste and
				  wastewater from humans or household operations that is discharged to or
				  otherwise enters a treatment works.
(15) "Disposal of compostable material and/or
				  digestate" means:
(A)
1. the final deposition of compostable
				  material and/or digestate on land, unless excluded from this Chapter 3.1
				  pursuant to section
				  17855;
2. storing or stockpiling more than 200 cubic
				  yards of compostable material, other than stabilized compost as defined in
				  section 17852(a)(36) that
				  meets the maximum metal concentration requirements of section
				  17868.2, on land for more than 30
				  days, except as provided in subdivision (A)3.; or
3. storing or stockpiling more than 200 cubic
				  yards of agricultural material, green material, or compost for more than twelve
				  months on land that is zoned for agricultural uses, unless the EA, after
				  consultation with the applicable RWQCB and other agencies as the EA deems
				  appropriate, makes a written finding that storing or stockpiling the material
				  more than 12 months will not adversely affect the public health and safety or
				  the environment.
(B)
				  Disposal of compostable material does not include the use of compostable
				  material:
1. for beneficial reuse at a solid
				  waste landfill pursuant to Title 27, California Code of Regulations, section
				  20686; or
2. for mine reclamation in accordance with
				  applicable law.
3. for land
				  application as defined in section
				  17852(a)
				  (24.5).
4. as specified in section
				  17852(a)
				  (24.5)(B).
(C) Should the
				  EA have reason to believe that a person is engaging in activities that meet the
				  definition of disposal of compostable material or authorizing such activities
				  on land the person owns or otherwise possesses, the burden of proof shall be on
				  each person engaging in or authorizing such activities to demonstrate
				  otherwise.
(D) If the activities at
				  a site meet the definition of disposal of compostable material and/or
				  digestate, the site shall be regulated as set forth in the Consolidated
				  Regulations for Treatment, Storage, Processing or Disposal of Solid Waste
				  (commencing at Title 27, California Code of Regulations, section
				  20005).
(16) "Dry Weight Basis" or "Dry Weight" means
				  weight calculated on the basis of having been dried until reaching a constant
				  mass that results in essentially 100 percent solids content.
(17) "Enclosed Composting Process" means a
				  composting process where the area that is used for the processing, composting,
				  stabilizing, and curing of organic materials, is covered on all exposed sides
				  and rests on a stable surface with environmental controls for moisture and
				  airborne emissions present.
(18)
				  "EA" means enforcement agency.
(19)
				  "Feedstock" means any compostable material used in the production of compost or
				  chipped and ground material including, but not limited to, agricultural
				  material, green material, vegetative food material, food material, biosolids,
				  digestate, and mixed material. Feedstocks shall not be considered as either
				  additives or amendments.
(19.5)
				  "Film plastic" means sheet plastic 10 mil or less in thickness.
(20) "Food Material" means a waste material
				  of plant or animal origin that results from the preparation or processing of
				  food for animal or human consumption and that is separated from the municipal
				  solid waste stream. Food material includes, but is not limited to, food waste
				  from food facilities as defined in Health and Safety Code section
				  113789 (such as
				  restaurants), food processing establishments
				  as defined in Health and Safety Code section
				  111955,
				  grocery stores, institutional cafeterias (such as prisons, schools and
				  hospitals), and residential food scrap collection. Food material does not
				  include any material that is required to be handled only pursuant to the
				  California Food and Agricultural Code and regulations adopted pursuant thereto.
(A) "Vegetative Food Material" means that
				  fraction of food material, defined above, that is a plant material and is
				  separated from other food material and the municipal solid waste stream.
				  Vegetative food material may be processed or cooked but must otherwise retain
				  its essential natural character and no salts, preservatives, fats or oils, or
				  adulterants shall have been added. Vegetative food material includes, but is
				  not limited to, fruits and vegetables, edible flowers and plants, outdated and
				  spoiled produce, and coffee grounds. Vegetative food material contains no
				  greater than 1.0 percent of physical contaminants by dry weight, and meets the
				  requirements of section
				  17868.5.
(21) "Green Material" means any plant
				  material except food material and vegetative food material that is separated at
				  the point of generation, contains no greater than 1.0 of percent physical
				  contaminants by dry weight, and meets the requirements of section
				  17868.5. Green material includes,
				  but is not limited to, tree and yard trimmings, untreated wood wastes, natural
				  fiber products, wood waste from silviculture and manufacturing, and
				  construction and demolition wood waste. Green material does not include food
				  material, vegetative food material, biosolids, mixed material, material
				  separated from commingled solid waste collection or processing, wood containing
				  lead-based paint or wood preservative, or mixed construction and demolition
				  debris. Agricultural material, as defined in this section
				  17852(a)(5), that
				  meets this definition of "green material" may be handled as either agricultural
				  material or green material.
(22)
				  "Green Material Composting Operation" or "Facility" is an operation or facility
				  that composts green material, additives, and/or amendments. A green material
				  composting operation or facility may also handle manure and paper products. An
				  operation or facility that handles a feedstock that is not green material,
				  manure, or paper products, shall not be considered a green material composting
				  operation or facility. "Green Material Composting Operation" or "Facility" does
				  not include activities excluded from regulation in section
				  17855.
(23) "Handling" means the processing,
				  transfer, and storage of compostable materials. Handling of compostable
				  materials results in controlled biological decomposition. Handling includes
				  composting, screening, chipping and grinding, and storage activities related to
				  the production of compost, compost feedstocks, and chipped and ground
				  materials.
(24) "Insulating
				  Material" means material used for the purpose of minimizing the loss of heat
				  from a compost pile undergoing the "Process to Further Reduce Pathogens"
				  (PFRP), as described in section
				  17868.3. Insulating material
				  includes, but is not limited to, soil and stabilized compost.
(24.5) "Land Application" means:
(A) The final deposition of compostable
				  material and/or digestate spread on any land, including land zoned only for
				  agricultural uses, under the following conditions:
1. On and after January 1, 2018, the
				  compostable material and/or digestate does not contain more than 0.5% by dry
				  weight of physical contaminants greater than 4 millimeters (no more than 20% by
				  dry weight of this 0.5% shall be film plastic greater than 4 millimeters), as
				  specified in section
				  17868.3.1, at the time of land
				  application;
2. The compostable
				  material and/or digestate meets the maximum metal concentrations, as specified
				  in section
				  17868.2, at the time of land
				  application;
3. The compostable
				  material and/or digestate meets the pathogen density limits, as specified in
				  section 17868.3(b)(1), at
				  the time of land application; and
4.
a. On
				  land not zoned only for agricultural uses, the compostable material and/or
				  digestate is not applied more frequently than once during a 12 month period,
				  and, at the time of the land application, the compostable material and/or
				  digestate shall not exceed 12 inches in total, accumulated depth on the land
				  surface. The EA, in consultation with the Regional Water Quality Control Board,
				  may approve alternative application frequencies and depths, if the EA after
				  such consultation determines that the alternatives will not adversely affect
				  public health and safety or the environment.
b. On land zoned only for agricultural uses,
				  the compostable material and/or digestate is not applied more frequently than
				  three times during a 12 month period, and, at the time of the land application,
				  the compostable material and/or digestate shall not exceed 12 inches in total,
				  accumulated depth on the land surface. The EA, in consultation with the
				  California Department of Food and Agriculture to determine if the land
				  application is agronomically beneficial and with the Regional Water Quality
				  Control Board regarding water quality, may approve alternative frequencies and
				  depths, if the EA after such consultation determines that the alternative will
				  not adversely affect public health and safety or the environment. The
				  Department shall coordinate all EA requests for consultation with the
				  California Department of Food and Agriculture.
5. Verification of compliance with this
				  subdivision must be provided to the EA upon request.
(B) This subdivision (a)(24.5) does not apply
				  to:
1. the use of compost produced in
				  compliance with Chapter 3.1 and/or 3.2 of this Division,
2. the use of compostable material and/or
				  digestate for gardening or landscaping on a parcel of land 5 acres or less in
				  size,
3. the final deposition of
				  compostable material and/or digestate spread on land by a Federal, State, or
				  local government entity, provided the material is applied in accordance with
				  applicable law,
4. the final
				  deposition of agricultural by-products material spread on land as authorized by
				  the State Water Resources Control Board or a Regional Water Quality Control
				  Board pursuant to Waste Discharge Requirements, a Waiver of Waste Discharge
				  Requirements, a Resolution, or other issued requirements from the State Water
				  Resources Control Board or a Regional Water Quality Control Board having
				  jurisdiction, provided this final deposition does not adversely affect public
				  health and safety or the environment.
5. the beneficial reuse at a solid waste
				  landfill pursuant to Title 27, California Code of Regulations, section
				  20686, or
6. the beneficial reuse of biosolids pursuant
				  to Part 503, Title 40 of the Code of Federal Regulations and State Water
				  Resources Control Board General Order No. 2004-0012-DWQ, or site-specific Waste
				  Discharge Requirements or other issued requirements from the State Water
				  Resources Control Board or a Regional Water Quality Control Board having
				  jurisdiction.
[NOTE: As specified in section
					 17850(d), nothing
					 in these standards shall be construed as relieving any owner, operator, or
					 designee from the obligation of obtaining all authorizations and complying with
					 all requirements of other regulatory agencies, including but not limited to,
					 local health entities, regional water quality control boards, air quality
					 management districts or air pollution control districts, local land use
					 authorities, and fire authorities.]
(25) "Manure" is an agricultural material and
				  means accumulated herbivore or avian excrement. This definition shall include
				  feces and urine, and any bedding material, spilled feed, or soil that is mixed
				  with feces or urine.
(26) "Mixed
				  Material" means any compostable material that is part of the municipal solid
				  waste stream, and is mixed with or contains non-organics, processed industrial
				  materials, mixed demolition or mixed construction debris, or plastics. A
				  feedstock that is not source separated or contains 1.0% or more of physical
				  contaminants by dry weight is mixed material.
(27) "Mushroom Farm" means an activity that
				  produces mushrooms. The handling of compostable material at a mushroom farm
				  prior to and after use as a growth medium is subject to regulation pursuant to
				  this chapter and is not considered mushroom farming.
(27.5) "Nuisance" includes anything which:
(A) is injurious to human health or is
				  indecent or offensive to the senses and interferes with the comfortable
				  enjoyment of life or property, and
(B) affects at the same time an entire
				  community, neighborhood or any considerable number of persons. The extent of
				  annoyance or damage inflicted upon an individual may be
				  unequal.
(28) "Operations
				  Area" means the following areas within the boundary of a compostable material
				  handling operation or facility:
(A) equipment
				  cleaning, maintenance, and storage areas;
(B) feedstock, active, curing and stabilized
				  compost processing or stockpiling areas; and
(C) process water and stormwater drainage
				  control systems.
(29)
				  "Operator" means the owner, or other person who through a lease, franchise
				  agreement or other arrangement with the owner, becomes legally responsible for
				  the following:
(A) complying with regulatory
				  requirements set forth in this Chapter;
(B) complying with all applicable federal,
				  state and local requirements;
(C)
				  the design, construction, and physical operation of the site; and
(D) site restoration.
(30) "Owner" means the person or persons who
				  own, in whole or in part, a compostable material handling operation or
				  facility, or the land on which these operations or facilities are
				  located.
(31) "Pathogenic Organism"
				  means disease-causing organisms.
(32) "Physical Contamination" or
				  "Contaminants" means human-made inert material contained within compostable
				  material, digestate, or compost, including, but not limited to, glass, metal,
				  and plastic.
(33) "Process Water"
				  means liquid that is generated during or used in the production of compost or
				  chipped and ground materials.
(34)
				  "Research Composting Operation" means a composting operation, that is operated
				  for the purpose of gathering research information on composting.
(35) "Separated At The Point of Generation"
				  includes material separated from the solid waste stream by the generator of
				  that material. It may also include material from a centralized facility as long
				  as that material was kept separate from the waste stream prior to receipt by
				  that facility and the material was not commingled with other materials during
				  handling.
(36) "Stabilized Compost"
				  means any organic material that has undergone the Process to Further Reduce
				  Pathogens (PFRP), as described in section
				  17868.3, and has reached a stage
				  of reduced biological activity as indicated by reduced temperature and rate of
				  respiration below that of active compost.
(37) "Static Pile" means a composting process
				  that is similar to the aerated static pile except that the air source may or
				  may not be controlled.
(38)
				  "Vector" includes any insect or other arthropod, rodent, or other animal
				  capable of transmitting the causative agents of human disease.
(38.5) "Vegetative Food Material Composting
				  Facility" is a facility that composts agricultural material, green material,
				  vegetative food material, additives, and/or amendments. A vegetative food
				  material composting facility may also handle manure and paper products. An
				  operation or facility that handles a feedstock that is not agricultural
				  material, green material, vegetative food material, manure, or paper products,
				  shall not be considered a vegetative food material composting facility.
				  "Vegetative Food Material Composting Facility" does not include activities
				  excluded from regulation in section
				  17855.
(39) "Vermicomposting" means an activity that
				  produces worm castings through worm activity. The EA may determine whether an
				  activity is or is not vermicomposting. The handling of compostable material
				  prior to and after use as a growth medium is subject to regulation pursuant to
				  this chapter and is not considered vermicomposting.
(40) "Windrow Composting Process" means the
				  process in which compostable material is placed in elongated piles. The piles
				  or "windrows" are aerated and/or mechanically turned on a periodic
				  basis.
(41) "Within-vessel
				  Composting Process" means an aerobic process in which compostable material is
				  enclosed in a drum, silo, bin, tunnel, reactor, or other container for the
				  purpose of producing compost, maintained under uniform conditions of
				  temperature and moisture where airborne emissions are controlled.
(42) "Wood Waste" means solid waste
				  consisting of wood pieces or particles which are generated from the
				  manufacturing or production of wood products, harvesting, processing or storage
				  of raw wood materials, or construction and demolition activities.
(43) "Yard Trimmings" means any wastes
				  generated from the maintenance or alteration of public, commercial or
				  residential landscapes including, but not limited to, yard clippings, leaves,
				  tree trimmings, prunings, brush, and weeds.