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 6.2 - Operating Standards › Section 17409.5.9 - Alternatives to Measurement Protocols

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The EA may approve, with concurrence by
				  the Department, alternative measurement protocols to the requirements of
				  Sections 17409.5.2,
				  17409.5.3,
				  17409.5.4,
				  17409.5.5,
				  17409.5.7, and
				  17409.5.8, as long as they will
				  still ensure that the measurements will be as accurate. The Department shall
				  concur with the EA approval if it finds that the alternative measurement
				  protocols will ensure that the measurements will be as accurate. For the
				  purposes of this section, alternative measurement protocols may include, but
				  are not limited to, measurements made with a different sampling frequency
				  and/or weight than those specified in this article.
(b) When required by this article, the
				  operator shall report tonnages using a scale. If scales are not accessible, the
				  EA may approve, with written notification to the Department, the operator to
				  report the tonnages using a method described in Section
				  18815.9(g).
(c) The EA may approve, with written
				  concurrence by the Department, a substitute to certain requirements to sample
				  and measure specific types of organic waste that are designated for an organic
				  waste recovery activity with a quality standard imposed on the operator by the
				  person, entity, or solid waste facility or operation accepting that organic
				  waste type as specified in this subdivision. The Department shall concur with
				  the EA approval if it verifies that there is a quality standard imposed on the
				  operator by the person, entity, or solid waste facility or operation accepting
				  that organic waste type as specified in this subdivision and that the standard
				  meets the requirements in Subdivision (c)(1)(A) through (G), below.
(1) The EA may waive the requirements in
				  Sections 17409.5.2,
				  17409.5.4 and
				  17409.5.8 to sample a type of
				  organic waste that the operator recovered from the source separated organic
				  waste collection stream or from the mixed waste organic collection stream if
				  the following apply:
(A) The person, entity,
				  or solid waste facility or operation accepting that organic waste type requires
				  the operator to demonstrate that the presence of incompatible materials in the
				  organic waste type is less than or equal to the level of incompatible materials
				  specified in Section
				  17409.5.8(a);
(B) The person, entity, or solid waste
				  facility or operation accepting that organic waste type requires the operator
				  to demonstrate the presence of incompatible materials through
				  sampling;
(C) The sampling protocol
				  that is used to meet the quality standard of the person, entity, or solid waste
				  facility or operation accepting that organic waste type is designed to
				  accurately reveal the percentage of incompatible material by weight that is
				  present in the samples;
(D) The
				  end-user and the operator have a contract or written agreement specifying the
				  sampling protocol and the maximum level of incompatible materials allowed in
				  the organic material before it is accepted by the end-user;
(E) The contract or written agreement is
				  available for review by the EA;
(F)
				  The sampling protocol is at least as effective as the sampling required in
				  Sections 17409.5.2,
				  17409.5.4 and
				  17409.5.8; and
(G) The operator allows the EA to observe
				  sampling upon request.