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 2 - Regulatory Tiers for Composting Operations and Facilities › Section 17855 - Excluded Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided otherwise in this
				  Chapter, the activities listed in this section do not constitute compostable
				  material handling operations or facilities and are not required to meet the
				  requirements set forth herein. Nothing in this section precludes the EA or the
				  Department from inspecting an excluded activity to verify that the activity is
				  being conducted in a manner that qualifies as an excluded activity or from
				  taking any appropriate enforcement action.
(1) An activity is excluded if it handles
				  agricultural material, derived from an agricultural site, and returns a similar
				  amount of the material produced to that same agricultural site, or an
				  agricultural site owned or leased by the owner, parent, or subsidiary of the
				  composting activity. No more than an incidental amount of up to 1,000 cubic
				  yards of compost product may be given away or sold annually.
(2) Vermicomposting is an excluded activity.
				  The handling of compostable material prior to and after its use as a growth
				  medium during the vermicomposting process is not an excluded activity and is
				  subject to the requirements of this chapter or the Transfer/Processing
				  Operations and Facilities Regulatory Requirements (Title 14, California Code of
				  Regulations, Division 7, Chapter 3, Article 6.0-6.35), whichever is applicable,
				  as follows:
(A) when the compostable material
				  is active compost or is likely to become active compost, as determined by the
				  EA, the requirements of this chapter apply;
(B) at all other times when it is not being
				  used as a growth medium during vermicomposting, the compostable material is
				  subject to the Transfer/Processing Operations and Facilities Regulatory
				  Requirements.
(3)
				  Mushroom farming is an excluded activity. The handling of compostable material
				  prior to and after its use as a growth medium during the mushroom farming
				  process is not an excluded activity and is subject to the requirements of this
				  chapter or the Transfer/Processing Operations and Facilities Regulatory
				  Requirements (Title 14, California Code of Regulations, Division 7, Chapter 3,
				  Article 6.0-6.35), whichever is applicable, as follows:
(A) when the compostable material is active
				  compost or is likely to become active compost, as determined by the EA, the
				  requirements of this chapter apply;
(B) at all other times when it is not being
				  used as a growth medium during mushroom farming, the compostable material is
				  subject to the Transfer/Processing Operations and Facilities Regulatory
				  Requirements.
(4)
				  Composting green material, agricultural material, food material, and vegetative
				  food material, alone or in combination, is an excluded activity if the total
				  amount of feedstock and compost on-site at any one time does not exceed 100
				  cubic yards and 750 square feet. [Note: Persons handling compostable material
				  under the above exclusion are obligated to obtain all permits, licenses, or
				  other clearances that may be required by other regulatory agencies including,
				  but not limited to local health entities and local land use
				  authorities.]
(5) The handling of
				  compostable materials is an excluded activity if:
(A) the activity is located at a facility
				  (i.e., landfill or transfer/processing facility) that has a tiered or full
				  permit as defined in section
				  18101,
1. has a Report of Facility Information which
				  is completed and submitted to the EA that identifies and describes the activity
				  and meets the requirements of Titles 14 or 27; and,
2. will only use the material on the facility
				  site, or
(B) the activity
				  is solely for the temporary storage of biosolids sludge at a Publicly Owned
				  Treatment Works (POTW), or
(C) the
				  activity is located at the site of biomass conversion and is for use in biomass
				  conversion as defined in Public Resources Code section
				  40106;
				  or
(D) the activity is part of a
				  silvicultural operation or a wood, paper, or wood product manufacturing
				  operation; or
(E) the activity is
				  part of an agricultural operation and is used to temporarily store or process
				  agricultural material not used in the production of compost or mulch;
				  or
(F) the activity is part of an
				  operation used to chip and grind materials derived from and applied to lands
				  owned or leased by the owner, parent, or subsidiary of the operation;
				  or
(G) the activity is part of an
				  agricultural operation used to chip and grind agricultural material produced on
				  lands owned or leased by the owner, parent, or subsidiary of the agricultural
				  operation, for use in biomass conversion; or
(H) An activity that is a licensed animal
				  food manufacturing activity, or a rendering activity which is authorized by the
				  California Department of Food and Agriculture pursuant to Section
				  19300 of the Food and Agricultural
				  Code, and in which no solid waste feedstock bypasses the manufacturing or
				  rendering process; or
(I) the
				  activity is the storage of yard trimmings at a publicly designated site for the
				  collection of lot clearing necessary for fire protection provided that the
				  public agency designating the site has notified the fire protection agency;
				  or
(J) the materials are handled in
				  such a way to preclude their reaching temperatures at or above 122 degrees
				  Fahrenheit as determined by the EA; or
(6) Storage of bagged products from
				  compostable material is an excluded activity provided that such bags are no
				  greater than 5 cubic yards.