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Article 1
General
Section 17850-17852

Article 2
Regulatory Tiers for Composting Operations and Facilities
Sections 17855-17862.2

Article 3
Report of Facility Information
Section 17863

Article 5
Composting Operation and Facility Siting and Design Standards
Sections 17865-17866

Article 6
Composting Operating Standards
Sections 17867

Article 7
Environmental Health Standards
Sections 17868.1-17868.4

Article 8
Composting Operation and Facility Records
Section 17869

Article 9
Site Restorations
Section 17870

Regulations: Title 14, Natural Resources--Division 7, CIWMB

Chapter 3.1. Composting Operations Regulatory Requirements

Article 5. Composting Operation and Facility Siting and Design Standards

Section 17865. Siting On Landfills.
(a) Compostable materials handling operations and facilities located atop closed solid waste landfills shall meet postclosure land use requirements pursuant to Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 3, Subchapter 5, Article 2, section 21190.

(b) Compostable materials handling operations and facilities sited on intermediate cover on a solid waste landfill shall locate operations areas on foundation substrate that is stabilized, either by natural or mechanical compaction, to minimize differential settlement, ponding, soil liquefaction, or failure of pads or structural foundations.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 43020 and 43021 of the Public Resources Code.

Section 17866. General Design Requirements.
(a) Compostable materials handling operations and facilities shall be designed and constructed in such a manner as to enable the operations and facilities to comply with the operational requirements set forth in Article 6 of this Chapter.

(b) The design of a compostable materials handling facility shall utilize advice, as appropriate, from persons competent in engineering architecture, landscape design, traffic engineering, air quality control, and design of structures.

(1) The engineering design of a compostable materials handling facility shall be in accordance with the principles and disciplines in the State of California generally accepted for design of this type of facility. The design of a composting facility requiring a Compostable Materials Handling Facility Permit shall accompany the Report of Composting Site Information, pursuant to section 17863 of this Chapter.

(2) The engineering design shall be based on appropriate data regarding the service area, anticipated nature and quantity of material to be received, climatological factors, physical settings, adjacent land use (existing and planned), types and numbers of vehicles anticipated to enter the station, drainage control, the hours of operation and other pertinent information. If the station is to be used by the general public, the design of the facility shall take account of features that may be needed to accommodate such public use.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 43020 and 43021 of the Public Resources Code.

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Article 6. Composting Operating Standards

Section 17867. General Operating Standards.
(a) All compostable materials handling operations and facilities shall meet the following requirements:

(1) All handling activities are prohibited from composting any material specified in section 17855.2 of this Chapter.

(2) All handling activities shall be conducted in a manner that minimizes odor impacts so as to not cause a nuisance.

(3) All handling activities shall be conducted in a manner that minimizes vectors, litter, hazards, nuisances, and noise impacts; and minimizes human contact with, inhalation, ingestion, and transportation of dust, particulates, and pathogenic organisms.

(4) Random load checks of feedstocks, additives, and amendments for contaminants shall be conducted.

(5) Contamination of compostable materials that has undergone pathogen reduction, pursuant to section 17868.3 of this Chapter, with feedstocks, compost, or wastes that have not undergone pathogen reduction, pursuant to section 17868.3 of this Chapter, or additives shall be prevented.

(6) Unauthorized human or animal access to the facility shall be prevented.

(7) Traffic flow into, on, and out of the composting operation or facility shall be controlled in a safe manner.

(8) All compostable materials handling operations and facilities that are open for public business shall post legible signs at all public entrances. These signs shall include the following information:

(A) name of the operation or facility,

(B) name of the operator,

(C) facility hours of operation,

(D) materials that will and will not be accepted, if applicable,

(E) schedule of charges, if applicable, and

(F) phone number where operator or designee can be reached in case of an emergency.

(9) The operator shall provide fire prevention, protection and control measures, including, but not limited to, temperature monitoring of windrows and piles, adequate water supply for fire suppression, and the isolation of potential ignition sources from combustible materials. Firelanes shall be provided to allow fire control equipment access to all operation areas.

(10) The operator shall provide telephone or radio communication capability for emergency purposes.

(11) Physical Contaminants and refuse removed from feedstock, compost, or chipped and ground material shall be removed from the site within 7 days and transported to an appropriate facility.

(12) Enclosed operations and facilities shall provide ventilation to prevent adverse public health effects from decomposition gases.

(13) The operator shall ensure that leachate is controlled to prevent contact with the public.

(14) The operator shall prevent or remove physical contaminants in compost and chipped and ground materials that may cause injury to humans.

(15) An attendant shall be on duty during business hours if the operation or facility is open to the public.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 43020 and 43021 of the Public Resources Code.

Section 17867.5. Training.
(a) Compostable materials handling operations and facilities shall meet the following requirements:

(1) Operators shall ensure that all personnel assigned to the operation shall be trained in subjects pertinent to operations and maintenance, including the requirements of this article, physical contaminants and hazardous materials recognition and screening, with emphasis on odor impact management and emergency procedures. A record of such training shall be maintained on the site.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 43020 and 43021 of the Public Resources Code.

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Article 7. Environmental Health Standards

Section 17868.1. Sampling Requirements.
All composting operations that sell or give away greater than 1,000 cubic yards of compost annually, and all composting facilities shall meet the following requirements:

(a) Operators shall verify that compost meets the maximum acceptable metal concentration limits specified in section 17868.2, and pathogen reduction requirements specified in section 17868.3. Verification of maximum acceptable metal concentrations and pathogen reduction requirements shall occur prior to the point where compost is removed from the site or beneficially used on-site. Test results of samples must be received by the operator prior to removing compost from the composting operation or facility where it was produced. This verification shall be performed by taking and analyzing at least one composite sample of compost, following the requirements of this section as follows:

(1) An operator who composts agricultural material, green material, food material, vegetative food material, or mixed material shall take and analyze one composite sample for every 5,000 cubic-yards of compost produced. If the composting operation or facility produces less than 5,000 cubic-yards of compost in a 12 month period, the operator shall analyze at least one composite sample of compost produced every 12 month period.

(2) An operator who composts biosolids shall meet the sampling schedule described in Table 2 below.

Table 2
Frequencies of Compost Sampling for Biosolids Composting Facilities
Amount of Biosolids Compost Feedstock
(metric tons per 365 day period)
Frequency

Greater than zero but annually fewer than 290

annually

Equal to or greater than 290 but fewer than 1,500

quarterly

Equal to or greater than 1,500 but fewer than 15,000

bimonthly

Equal to or greater than 15,000

monthly

(A) The amount of biosolids compost feedstock shall be calculated in dry weight metric tons.

(3) Composite sample analysis for maximum acceptable metal concentrations, specified in section 17868.2, shall be conducted at a laboratory certified by the California Department of Public Health, pursuant to the Health and Safety Code.

(b) A composite sample shall be representative and random, and may be obtained by taking twelve (12) mixed samples as described below.

(1) The twelve samples shall be of equal volume.

(2) The twelve samples shall be extracted from within the compost pile as follows:

(A) Four samples from one-half the width of the pile, each at a different cross-section;

(B) Four samples from one-fourth the width of the pile, each at a different cross-section; and,

(C) Four samples from one-eighth the width of the pile, each at a different cross-section.

(c) The EA may approve alternative methods of sampling that ensures the maximum metal concentration requirements of section 17868.2 and the pathogen reduction requirements of section 17868.3 are met.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 43020 and 43021 of the Public Resources Code.

Section 17868.2. Maximum Metal Concentrations.
(a) Compost shall not contain metals in excess of the maximum acceptable metal concentrations shown in Table 3. Compost that contains any metal in excess of any maximum metal concentrations shall be designated for additional processing, disposal, or other use as approved by local, state and federal agencies having jurisdiction. Test results of samples must be received by the operator prior to removing compost from the composting operation or facility where it was produced.

Table 3
Maximum Acceptable Metal Concentrations
Constituent Concentration (mg/kg)
on dry weight basis
Arsenic (As) 41
Cadmium (Cd) 39
Chromium (Cr) (see subdivision (a)(1) below)
Copper (Cu) 1500
Lead (Pb) 300
Mercury (Hg) 17
Nickel (Ni) 420
Selenium (Se) 100
Zinc (Zn) 2800

(1) Although there is no maximum acceptable metal concentration for chromium in compost, operators subject to subdivision (a) shall arrange for concentrations of chromium in compost they produce to be determined in connection with the analysis of other metals. Operators shall maintain records of all chromium concentrations together with their records of other metal concentrations.

(b) Alternative methods of compliance to meet the requirements of this section may be approved by the EA if the EA determines that the alternative method will ensure that the maximum acceptable metal concentrations shown in Table 3 are not exceeded.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 43020 and 43021 of the Public Resources Code.

Section 17868.3. Pathogen Reduction.
(a) Compost shall not exceed the maximum acceptable pathogen concentrations described in Subdivision (b) of this section. Compost that contains any pathogens in amounts that exceed these pathogen reduction requirements shall be designated for additional processing, disposal, or other use as approved by local, state or federal agencies having appropriate jurisdiction. Test results of samples must be received by the operator prior to removing compost from the composting operation or facility where it was produced.

(b) Operators that produce compost shall ensure that:

(1) The density of fecal coliform in compost, that is or has at one time been active compost, shall be less than 1,000 Most Probable Number per gram of total solids (dry weight basis), and the density of Salmonella sp. bacteria in compost shall be less than three (3) Most Probable Number per four (4) grams of total solids (dry weight basis).

(2) At enclosed or within-vessel composting process operations and facilities, active compost shall be maintained at a temperature of 55 degrees Celsius (131 degrees Fahrenheit) or higher for a pathogen reduction period of 3 days.

(A) Due to variations among enclosed and within-vessel composting system designs, including tunnels, the operator shall submit a system-specific temperature monitoring plan with the permit application to meet the requirements of Subdivision (b)(2) of this section.

(3) If the operation or facility uses a windrow composting process, active compost shall be maintained under aerobic conditions at a temperature of 55 degrees Celsius (131 degrees Fahrenheit) or higher for a pathogen reduction period of 15 days or longer. During the period when the compost is maintained at 55 degrees Celsius or higher, there shall be a minimum of five (5) turnings of the windrow.

(4) If the operation or facility uses an aerated static pile composting process, all active compost shall be covered with 6 to 12 inches of insulating material, and the active compost shall be maintained at a temperature of 55 degrees Celsius (131 degrees Fahrenheit) or higher for a pathogen reduction period of 3 days.

(c) Compost operations and facilities that utilize a windrow composting process or an aerated static pile composting process shall be monitored as follows to ensure that the standards in Subdivision (b) of this section are met:

(1) Each day during the pathogen reduction period, at least one temperature reading shall be taken per every 150 feet of windrow, or fraction thereof, or for every 200 cubic-yards of active compost, or fraction thereof.

(2) Temperature measurements for pathogen reduction shall be measured as follows:

(A) Windrow composting processes and agitated bays shall be monitored twelve (12) to twenty-four (24) inches below the pile surface;

(B) Aerated static pile composting processes shall be monitored twelve (12) to eighteen (18) inches from the point where the insulation cover meets the active compost.

(d) Alternative methods of compliance to meet the pathogen reduction requirements of this section may be approved by the EA if the EA determines that the alternative method will provide equivalent pathogen reduction.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 43020 and 43021 of the Public Resources Code.

Section 17868.3.1. Physical Contamination Limits.
This section shall become operative January 1, 2018.

(a) Compost shall 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. Compost that contains physical contaminants in excess of either one or both of these limits shall be designated for additional processing, disposal or other use as approved by local, state or federal agencies having appropriate jurisdiction. Verification of physical contamination limits shall occur prior to the point where compost is removed from the site or beneficially used on-site. Test results of samples must be received by the operator prior to removing compost from the composting operation or facility where it was produced.

(b) The operator of a compostable material handling operation or facility shall sample every 5,000 cubic-yards of compost produced and determine the percentage of physical contaminants greater than 4 millimeters in the sample using a method that provides accurate results and has been approved by the EA. If the compostable material handling operation or facility produces less than 5,000 cubic-yards of compost in a 12 month period, the operator shall analyze at least one composite sample of compost produced every 12 month period.

(c) If the EA has reason to believe, based on the EAs visual observation or otherwise, that a determination of percent physical contaminants made pursuant to section 17868.3.1(b) is not accurate, the EA may require an operator of a compostable material handling operation or facility to take a composite sample of compost in the presence of the EA and send the sample to a laboratory at which physical contaminants greater than 4 millimeters shall be collected and weighed to determine the percentage of physical contaminants by dry weight using the following protocol:

(1) Determine the total dry weight of the composite sample as obtained in section 17868.3.1(d); (2) Separate the physical contaminants greater than 4 millimeters from the composite sample and determine the dry weight of the physical contaminants; (3) Determine the percentage of physical contaminants by dividing the dry weight of the physical contaminants by the total dry weight of the composite sample.

(d) Any sampling conducted to comply with this section shall require a composite sample. A composite sample shall be representative and random, and may be obtained by taking twelve (12) mixed samples as described below.

(1) The twelve samples shall be of equal volume. (2) The twelve samples shall be extracted from within the compost pile as follows:

(A) Four samples from one-half the width of the pile, each at a different cross-section;
(B) Four samples from one-fourth the width of the pile, each at a different cross-section; and,
(C) Four samples from one-eighth the width of the pile, each at a different cross-section.

(e) Alternative methods of compliance to meet the requirements of this section may be approved by the EA if the EA determines that the alternative method will ensure the physical contamination limits requirements of this section are met.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 43020 and 43021 of the Public Resources Code.

 

Section 17868.5. Green Material and Vegetative Food Material Processing Requirements.
Green material, as defined in section 17852(a)(21) and vegetative food material, as defined in section 17852(a)(20)(A), must satisfy the following requirements:

(a) The feedstock shall undergo load checking to ensure that physical contaminants are no greater than 1.0 percent of total weight. Load checking shall include both visual observation of incoming waste loads and load sorting to quantify the percentage of physical contaminants and detect receipt of unacceptable feedstock (e.g., feedstock that does not meet the definition of green material or vegetative food material).

(1) A minimum of ten percent of daily incoming feedstock volume or at least one truck per day, whichever is greater, shall be inspected visually. If a visual load check indicates a physical contamination level greater than 1.0 percent, a representative sample shall be taken, physical contaminants shall be collected and weighed, and the percentage of physical contaminants determined. The load shall be rejected if physical contaminants are greater than 1.0 percent of total weight or if the load contains materials that do not meet the definitions of green material in section 17852(a)(21) or vegetative food material in section 17852(a)(20)(A).

(b) Upon request of the EA, and in the presence of the EA, the operator shall take a representative sample of feedstock, physical contaminants shall be collected and weighed, and the percentage of physical contaminants determined.

(c) Facility personnel shall be adequately trained to perform the activities specified in this section.

(d) Any operation or facility using this feedstock shall maintain records demonstrating compliance with this section.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 43020 and 43021 of the Public Resources Code.

Article 8. Composting Operation and Facility Records

Section 17869. General Record Keeping Requirements.
Except as provided in subsection (d), all compostable materials handling operations and facilities shall meet the following requirements:

(a) All records required by this Chapter shall be kept in one location and accessible for five (5) years and shall be available for inspection by authorized representatives of the Department, EA, local health entity, and other duly authorized regulatory and EAs during normal working hours.

(b) The operator shall record any special occurrences encountered during operation and methods used to resolve problems arising from these events, including details of all incidents that required implementing emergency procedures.

(c) The operator shall record any public complaints received by the operator, including:

(1) the nature of the complaint,

(2) the date the complaint was received,

(3) if available, the name, address, and telephone number of the person or persons making the complaint, and

(4) any actions taken to respond to the complaint.

(d) The operator shall record the quantity and type of feedstock received and quantity of compost and chipped and ground material produced. Agricultural compostable materials handling operations shall maintain records only for compostable material accepted from off-site.

(e) The operator shall record the number of load checks performed and loads rejected.

(f) The operator shall record all test results generated by compliance with Article 7 of this Chapter, including but not limited to, metal concentrations, physical contamination limits, fecal coliform and Salmonella sp. densities, temperature measurements, and dates of windrow turnings; chipping and grinding operations and facilities must record the determinations of the percentage of physical contaminants required by 17862.1(d).

(1) The operator shall retain records detailing pathogen reduction methods.

(g) The operator shall record and retain records of any serious injury to the public occurring on-site and any complaint of adverse health effects to the public attributed to operations. Serious injury means any injury that requires inpatient hospitalization for a period in excess of 24 hours or in which a member of the public suffers a loss of any member of the body or suffers any degree of permanent disfigurement.

(h) The operator shall retain a record of training and instruction completed in accordance with section 17867.5.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 43020 and 43021 of the Public Public Resources Code.

Article 9. Composting Facility Site Restoration

17870. Site Restoration.
All compostable materials handling operations and facilities shall meet the following requirements:

(a) The operator shall provide the EA written notice of intent to perform site restoration, at least 30 days prior to beginning site restoration.

(b) The operator(s) and owner(s) shall provide site restoration necessary to protect public health, safety, and the environment.

(c) The operator shall ensure that the following site restoration procedures are performed upon completion of operations and termination of service:

(1) The operation and facility grounds, ponds, and drainage areas shall be cleaned of all residues including, but not limited to, compost materials, construction scraps, and other materials related to the operations, and these residues legally recycled, reused, or disposed of.

(2) All machinery shall be cleaned and removed or stored securely.

(3) All remaining structures shall be cleaned of compost materials, dust, particulates, or other residues related to the composting and site restoration operations.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 43020 and 43021 of the Public Resources Code.

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