California Department of Resources Recycling and Recovery (CalRecycle) 

Regulations: Title 14, Natural Resources--Division 7

Chapter 3.2. In-Vessel Digestion Operations and Facilities Regulatory Requirements

Article 1. In-Vessel Digestion Operations and Facilities Regulatory Requirements

Section 17896.1. Authority and Scope.

(a) This Chapter sets forth permitting requirements and minimum operating standards for in-vessel digestion operations and facilities that receive and process by means of in-vessel digestion solid wastes that are subject to the requirements of this Chapter. The regulatory tier requirements of sections 17896.3 through 17896.15 are not applicable to operations and facilities that are subject to regulations elsewhere in this Division. Activities placed within the excluded tier in other chapters of this Division, may still be subject to the regulatory requirements specified in this Chapter.

(b) This Chapter is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act.

(c) Digestion of organic material can be a naturally occurring or an artificially controlled process. This Chapter establishes standards and regulatory requirements for the intentional processing of organic material by means of in-vessel digestion.

(d) This Chapter implements and interprets those provisions of the Act relating to receipt, storage, handling, recovery, transfer, or processing of solid waste at in-vessel digestion operations and facilities. Nothing in this Chapter limits or restricts the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor limits or restricts cities and counties from promulgating and enforcing laws which are as strict or stricter than the regulations contained in this Chapter. However, no city or county may promulgate or enforce laws which otherwise conflict with the provisions of this Chapter.

(e) No provision in this Chapter shall be construed as relieving any owner, operator, or designee from obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, or reports, or other requirements of other regulatory or enforcement agencies, including but not limited to, local health agencies, regional water quality control boards, Department of Toxic Substances Control, California Department of Industrial Relations, Division of Occupational Safety and Health, air quality management districts or air pollution control districts, local land use authorities, and fire authorities.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020 and 43021, Public Resources Code.


Section 17896.2. Definitions.

(a) For the purposes of this Chapter:

(1) “Agricultural Material” means waste material of plant or animal origin, which results directly from the conduct of agriculture, animal husbandry, horticulture, aquaculture, 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, 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.

(2) “Agricultural Site” means activities located on land that is zoned for agricultural uses.

(3) “Biogas” is a gas resulting from the operation of an in-vessel digester at an in-vessel digestion operation or facility that is composed primarily of carbon dioxide, hydrogen, and methane.

(4) “Compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

(5) “Contact Water” means water that has come in contact with waste and may include leachate.

(6) “Digestate” means the solid and/or liquid residual material remaining after organic material has been processed in an in-vessel digester.

(7) “Digestion” means, pursuant to PRC 40116.1, the controlled biological decomposition, of organic solid wastes. Digestion includes:

(A) Aerobic digestion - the controlled biological decomposition of organic material in the presence of oxygen.

(B) Anaerobic digestion - the controlled biological decomposition of organic material in the absence of oxygen or in an oxygen-starved environment. Anaerobic digestion produces biogas and a residual digestate.

(C) Other controlled biological decomposition processes.

(8) “Dairy In-vessel Digestion Operation” means, except as otherwise specified in section 17896.6(a)(3), a dairy that receives imported solid waste feedstock for purposes of co-digestion, with manure in an in-vessel digester, in accordance with Waste Discharge Requirements issued by a Regional Water Quality Control Board. The Dairy In-vessel Digestion Operation may also co-digest agricultural material.

(9)"Distribution Center In-vessel Digestion Operation" means a site that receives, for the purpose of digestion in an in-vessel digester, unsold products from retail stores to which the products were originally sent. All unsold products shall be collected and processed in covered, leak-proof containers, and remain in the custody of the owner at all times. All unsold products that are putrescible shall be refrigerated at the retail store and shall be maintained at a core temperature of 13 degrees Celsius (55 degrees Fahrenheit) or less during transport to the operation.

(10) “EA” means enforcement agency as defined in PRC section 40130.

(11) “Film plastic” means sheet plastic 10 mil or less in thickness.

(12) “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 of percent physical contaminants by dry weight, and meets the requirements of section 17896.61.

(13) “Hazardous Wastes” means any waste which meets the definitions set forth in Title 22, section 66261.3, et seq.

(14) “In-vessel Digester” means the sealed container(s) or sealed structure in which the entire digestion process occurs.

(15) “Large Volume In-vessel Digestion Facility” means a facility that receives an average greater than 100 tons of solid waste per operating day or greater than 700 tons (2,800 cubic yards) per week of solid waste for digestion in an in-vessel digester.

(16) “Limited Volume In-vessel Digestion Operation” means an operation that receives less than an average of 15 tons (or 60 cubic yards) of solid waste per operating day but shall not exceed 105 tons (or 420 cubic yards) per week of solid waste for digestion in an in-vessel digester. Additionally, the operation shall not exceed solid waste storage capacity limitations of the general design of the operation.

(17) “Litter” means all solid waste which has been improperly discarded or which has migrated by wind or equipment away from the operations area. Litter includes, but is not limited to, convenience food, beverage, and other product packages or containers constructed of steel, aluminum, glass, paper, plastic, and other natural and synthetic materials, thrown or deposited on the lands and waters of the state.

(18) “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.

(19) “Medium Volume In-vessel Digestion Facility” means a facility that receives an average of between 15 tons (or 60 cubic yards) and 100 tons of solid waste per operating day but shall not exceed 700 tons (or 2,800 cubic yards) per week of solid waste for digestion in an in-vessel digester. Additionally, the facility shall not exceed solid waste storage capacity limitations of the general design of the facility.

(20) “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.

(21) “On-site” means located within the boundary of the operation or facility.

(22) “Operating Day” means the daily hours of operation for a facility or operation as set forth in the application, Enforcement Agency Notification or solid waste facilities permit.

(23) “Operating Record” means an easily accessible collection of records of an operation's or facility's activities and compliance with required state minimum standards under Title 14. The Record may include the In-vessel Digestion Facility Plan or In-vessel Digestion Report for facilities, and shall contain but is not limited to containing: agency approvals, tonnage and load checking records, facility contacts and training history. The record may be reviewed by state and local authorities and shall be available during normal business hours. If records are too voluminous to place in the main operating record or if the integrity of the records could be compromised by on-site storage, such as exposure to weather, they may be maintained at an alternative site, as long as that site is easily accessible to the EA.

(24) “Operations Area” means:

(A) the following areas within the boundary of an operation or facility as described in the permit application or Enforcement Agency Notification:

  1. equipment management area, including cleaning, maintenance, and storage areas; and
  2. material and/or solid waste management area, including unloading, handling, transfer, processing, and storage areas.

(B) the boundary of the operations area is the same as the permitted boundary of the operation or facility but may or may not be the same as the property boundary on which the operation or facility is located.

(25) “Operator” means the owner, or other person who through a lease, franchise agreement or other arrangement with the owner, that is listed in the permit application or Enforcement Agency Notification and is legally responsible for all of the following:

(A) complying with regulatory requirements set forth in these Articles;

(B) complying with all applicable federal, state and local requirements;

(C) the design, construction, and physical operation of the operations area;

(D) controlling the activities at an operation or facility as listed on the permit application or Enforcement Agency Notification.

(26) “Owner” means the person or persons who own, in whole or in part, an operation or facility and the land on which it is located. If the ownership of the operation or facility is not the same as the ownership of the land on which it is located, the owner of the land shall be identified as the “Land Owner” and the owner of the operation or facility shall be identified as the “Facility Owner.”

(27) “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.

(28) “Putrescible Wastes” include wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, vectors, gases or other offensive conditions, and include materials such as, but not limited to food wastes, offal and dead animals. The EA shall determine on a case-by-case basis whether or not a site is handling putrescible wastes.

(29) “Rendering” means all recycling, processing, and conversion of animal and fish materials and carcasses and inedible kitchen grease into fats, oils, proteins, and other products that are used in the animal, poultry, and pet food industries and other industries, as defined in Food and Agricultural Code section 19213.

(30) “Salvaging” means the controlled separation of solid waste material which do not require further processing, for reuse or recycling prior to in-vessel digestion activities.

(31) “Scavenging” means the uncontrolled and/or unauthorized removal of solid waste materials.

(32) “Sealed Container” means a tank, vessel, or similar apparatus capable of containing liquids and air-borne emissions during the entire digestion process to control odors or other nuisance conditions.

(33) “Sealed Structure” means a fully enclosed building capable of containing liquids and controlling air-borne emissions (e.g., negative air pressure) that could contribute to odors or other nuisance conditions.

(34) “Special Waste” includes but is not limited to:

(A) waste requiring special collection, treatment, handling, storage, or transfer techniques as defined in Title 22, section 66260.10.

(B) waste tires and appliances requiring the removal of mercury switches or chlorofluorocarbons.

(35) “Spotter” means an employee who conducts activities that include, but are not limited to, traffic control, hazardous waste recognition and removal for proper handling, storage and transport or disposal, and protection of the public from health and/or safety hazards.

(36) “Store” means to stockpile or accumulate for later use.

Note:

Authority cited: Section 40502, 43020 and 43021, Public Resources Code.
Reference: Sections 40053, 43020 and 43021, Public Resources Code.


Section 17896.3. Pre-Existing Permits and Notifications

(a) If a facility had previously obtained a permit in accordance with regulations in effect prior to January 1, 2016, that facility may continue to operate in accordance with its permit until the EA conducts a permit review pursuant to Title 14, California Code of Regulations, sections 18104.7 and 18105.9 and determines that regulation under this Chapter is required. If the EA makes such a determination, the operator shall comply with this Chapter within two years of that determination.

(b) If an operation had previously been operating pursuant to an EA Notification in accordance with regulations in effect prior to January 1, 2016, that operation may continue to operate in accordance with its EA Notification or regulatory authorization until the EA determines that regulation under this Chapter is required. The EA shall make this determination no sooner than 120 days and no later than two years from January 1, 2016. If the EA determines that regulation under this Chapter is required, the operator shall comply with this Chapter within two years of that determination.

(c) If an activity had previously been excluded from regulations in effect prior to January 1, 2016, that activity may continue to operate in accordance with its regulatory exclusion until the EA determines that regulation under this Chapter is required. The EA shall make this determination no sooner than 120 days and no later than two years from January 1, 2016. If the EA determines that regulation under this Chapter is required, the operator shall comply with this Chapter within two years of that determination.

Note:

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


Section 17896.4. Permit Name

Any permit issued pursuant to this Article, except for one issued pursuant to section 17896.12 shall be entitled: "In-vessel Digestion Facility Permit."

Note:

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


Section 17896.5. Regulatory Tier Requirements for In-Vessel Digestion Operations and Facilities.

Sections 17896.6 through 17896.13 set forth the regulatory tier requirements (Title 14, Division 7, Chapter 5. Article 3.0, commencing with section 18100 or Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2, 3 and 3.1 (commencing with section 21570) of the California Code of Regulations) that apply to specified types of In-vessel Digestion Operations and Facilities. These requirements are summarized in Table 1.

Table 1 In-Vessel Digestion Operations and Facilities Placement into the Regulatory Tiers
Excluded Tier Enforcement Agency Notification Tier Registration Permit Tier Full Solid Waste Facility Permit
Refer to Section 17896.6 Research In-Vessel Digestion Operations
Section 17896.8
Medium Volume
In-Vessel Digestion Facilities
[average between 15 tpd (60 yd3 and 100 tpd, not to exceed 700 tpw (2,800 yd3)]
Section 17896.12
Large Volume
In-Vessel Digestion Facilities
[average > 100 tpd, average > 700 tpw (2,800 yd3)]
Section 17896.13
  Dairy In-Vessel Digestion Operations
Section 17896.9
   
  Distribution Center In-Vessel Digestion Operations
Section 17896.10
   
  Limited Volume In-Vessel Digestion Operations
[average < 15 tpd (60 yd3 not to exceed 105 tpw (420 yd3)]
Section 17896.11
   
[Note: There are no in-vessel digestion operations or facilities placed within the Standardized tier.]

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020 and 43021, Public Resources Code.


Section 17896.6. Excluded Activities.

(a)The activities listed in this section are not subject to the in-vessel digestion requirements set forth in this Chapter. 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) A Publicly Owned Treatment Works Treatment Plant (POTW Treatment Plant), as defined in section 403.3(r) of Title 40 of the Code of Federal Regulations, that receives vehicle-transported solid waste that is an anaerobically digestible material for the purpose of anaerobic co-digestion with POTW Treatment Plant wastewater, is excluded under the following conditions:

(A) Anaerobically digestible materials must be trucked or hauled into a POTW Treatment Plant. Once on-site, the anaerobically digestible material must be pumped or off-loaded directly into a covered, leak-proof container and then pumped, or diluted or slurried and then pumped, and co-digested in an anaerobic digester(s) at the POTW Treatment Plant. The pumped material may be screened, otherwise separated or treated prior to anaerobic digestion, but must be processed and conveyed in a contained system. Any separated material at the POTW that is not suitable for anaerobic digestion and has no beneficial use shall be further managed as a solid waste.

(B) The POTW Treatment Plant has developed Standard Operating Procedures for the acceptance of anaerobically digestible material, the POTW Treatment Plant has notified the Regional Water Quality Control Board that those Standard Operating Procedures are being implemented, and a Standard Provision (permit condition) that reflects the acceptance of anaerobically digestible material:

  1. has been incorporated into the POTW Treatment Plant’s Waste Discharge Requirements or National Pollutant Discharge Elimination System permit; or
  2. will be incorporated into the POTW Treatment Plant’s Waste Discharge Requirements or National Pollutant Discharge Elimination System permit no later than the next permit renewal.

(C) For the purpose of this exclusion, “anaerobically digestible material” means: inedible kitchen grease as defined in section 19216 of the Food and Agricultural Code, food material as defined in Title 14, CCR, section 17896.2(a)(12) and vegetative food material as defined in Title 14, CCR, section 17896.2(a)(12)(A).

(D) For the purpose of this exclusion, the Department, in consultation with the State Water Resources Control Board and the California Department of Food and Agriculture, will on a case-by-case basis, review and consider approval of additional types of organic materials as potential “anaerobically digestible material” beyond those specified in section 17896.6(a)(1)(C) in accordance with the following:

  1. Receipt of a written request to the Department from the General Manager or designee of a POTW Treatment Plant.
    1. The written request must contain the following information:
      1. The purpose of the request.
      2. Identification of the POTW Treatment Plant proposing to anaerobically co-digest the organic waste material with the POTW wastewater.
      3. Types of organic material requested for classification as an anaerobically digestible material.
      4. The source(s) of the waste material.
      5. A description of how the waste material will be handled, processed, stored and transported (before and after receipt at the POTW Treatment Plant).
      6. A map identifying all proposed physical changes proposed at the POTW Treatment Plant to accommodate the new waste materials.
      7. Available laboratory test results, engineering reports, research or study to support the request.
      8. Data and/or reports if this waste material has been used without incident at a different POTW Treatment Plant.
      9. The name, addresses and phone numbers for the General Manager and designee of the POTW Treatment Plant.
    2. Upon receipt of the written request, the Department will communicate and coordinate the request with and between the State Water Resources Control Board and the California Department of Food and Agriculture and will complete the following actions:
      1. Within 10 days of receipt, send written confirmation to the General Manager and designee of the POTW Treatment Plant indicating receipt of the letter and distribute the letter to appropriate Department staff, as well as to the State Water Resources Control Board and California Department of Food and Agriculture staff contacts for review;
      2. Within 15 days of receipt, schedule a meeting with State Water Resources Control Board and California Department of Food and Agriculture staff contacts;
      3. Prior to the meeting, Department staff will review the letter and identify questions and/or issues with the request and make a list of recommendations;
      4. Within 40 days of receipt, conduct a meeting on the request. If an agency representative does not attend the meeting, comments will be accepted by the Department up to close of business on the 45th day after receipt;
      5. Within 60 days of receipt, the Department will provide a written decision to the General Manager and designee of the POTW Treatment Plant stating one of the following:
      1. The waste type has or has not been determined to be an anaerobically digestible material excluded from both the In-Vessel Digestion Operations and Facilities Regulatory Requirements (pursuant to section 17896.6(a)(1)(C) and the Transfer/Processing Operations and Facility Regulatory Requirements (pursuant to section 17403.1(a)(8));
      2. The agencies, based on the information provided, were unable to reach a determination and additional information is required before a determination can be made; or
      3. The agencies have determined that additional research or study will need to be conducted and the results analyzed prior to a determination made by the agencies.
      4. If additional information, research or study is necessary, the Department will consult with the General Manager or designee of the POTW, the State Water Resources Control Board and California Department of Food and Agriculture contacts, for the purpose of developing a timeline for either reviewing the additional information or for reviewing a proposed scope of work and timeline for additional research or study.
  2. For the purpose of this exclusion, if an organic waste material is determined by the Department to be an anaerobically digestible material for the purpose of co-digestion with the POTW wastewater, the POTW Treatment Plant must comply with section 17896.6(a)(1)(A) prior to receipt of the material at the POTW Treatment Plant.

(2) In-vessel digestion of agricultural material derived from an agricultural site and the digestate or compost produced from digestate is returned to that same agricultural site, or an agricultural site owned or leased by the owner, parent, or subsidiary of the agricultural site on which the in-vessel digester is located. No more than an incidental amount of up to 1,000 cubic yards of compost produced from digestate may be given away or sold annually. Digestate that is not composted may not be given away or sold.

(3) In-vessel digestion at a dairy involving the co-digestion of manure with agricultural material derived on-site, imported agricultural material, and/or imported vegetative food material in accordance with Waste Discharge Requirements issued by a Regional Water Quality Control Board.

(A) Any imported materials delivered to the dairy must be pumped or off-loaded directly into a covered, leak-proof container and then pumped, or diluted or slurried and then pumped, and co-digested in an in-vessel digester at a dairy. The pumped material may be screened, otherwise separated or treated prior to in-vessel digestion, but must be processed and conveyed in a contained system. Any separated material at the dairy that is not suitable for in-vessel digestion and has no beneficial use shall be further managed as a solid waste.

(B) No more than an incidental amount of up to 1,000 cubic yards of compost produced from digestate may be given away or sold annually. Digestate that is not composted may not be given away or sold.

(4) In-vessel digestion activities with less than a total of 100 cubic yards of solid waste, feedstock, and digestate on-site are excluded. [Note: Persons handling solid waste 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) Rendering activities, authorized by the California Department of Food and Agriculture pursuant to section 19300 of the Food and Agricultural Code, in which no solid waste feedstock bypasses the rendering process.

(6) Other discrete handling activities that are already subject to more stringent handling requirements under Federal or State law, as determined by the EA in consultation with the Department, are excluded.

Note:

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


Section 17896.7. Prohibitions.

The following activities are prohibited at all in-vessel digestion operations and facilities and at all sites where in-vessel digestion activities that are excluded from regulation under this Chapter occur:

(a) The in-vessel digestion of unprocessed mammalian tissue, including but not limited to, flesh, organs, hide, blood, bone and marrow, except when received:

(1) from a food facility as defined in Health and Safety Code section 113789, grocery store; or residential food scrap collection; or

(2) as part of a research activity for the purpose of obtaining data on pathogen reduction or other public health, animal health, safety, or environmental concerns in accordance with section 17896.8; or

(3) from a source and processed by a facility approved by the Department in consultation with the State Water Resources Control Board and the California Department of Food and Agriculture, on a case-by-case basis.

(b) The in-vessel digestion of treated or untreated medical waste.

(c) The in-vessel digestion of hazardous waste.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020 and 43021, Public Resources Code.


Section 17896.8. Research In-Vessel Digestion Operations

(a) An operator conducting research in-vessel digestion operations shall comply with the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100), except as otherwise provided by this Chapter.

(b) In addition to the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0, section 18103.1(a)(3), the operator shall provide a description of the research to be performed, research objectives, methodology/protocol to be employed, data to be gathered, analysis to be performed, how the requirements of this subchapter will be met, and the projected timeframe for completion of the research operation.

(c) After no more than a two year period of operation, the operator of a research in-vessel digestion operation shall submit to the EA a report that includes the results and conclusions drawn from the research. If the EA determines, based on the report, that there are further research objectives to be met or data to be gathered, the EA may extend the research for a specified time period not to exceed two years. If the EA determines based on the report that there are no further research objectives to be met or data to be gathered, the operator shall conduct site restoration at the facility pursuant to section 17896.41, or obtain other appropriate authorization pursuant to Article 1 of this Chapter prior to continuing operations.

(d) Research in-vessel digestion operations that will be using unprocessed mammalian tissue as a feedstock for the purpose of obtaining data on pathogen reduction or other public health, animal health, safety, or environmental protection concern, shall satisfy the following additional requirements:

(1) Unprocessed mammalian tissue used as feedstock shall be generated from on-site agricultural operations, and all products derived from unprocessed mammalian tissue shall be beneficially used on-site.

(2) The operator shall prepare, implement and maintain a site-specific, research in-vessel digestion operation site security plan. The research in-vessel digestion site security plan shall include a description of the methods and facilities to be employed for the purpose of limiting site access and preventing the movement of unauthorized material on to or off of the site.

(3) After no more than a six-month period of operation the operator of a research in-vessel digestion operation using unprocessed mammalian tissue as feedstock shall submit to the EA a report that includes the results and conclusions drawn from the research and documentation of additional requirements of this section. If the EA determines based on the report that there are further research objectives to be met or data to be gathered, the EA may extend the research for a specified time period not to exceed two years. If the EA determines based on the report that there are no further research objectives to be met or data to be gathered, the operator shall conduct site restoration at the facility pursuant to section 17896.41, or obtain other appropriate authorization pursuant to Article 1 of this Chapter prior to continuing operations.

(e) The operator shall submit all additional documentation required by subdivisions (b) and (d)(2). to the EA with the Notification and prior to the digestion of any feedstock. The EA shall determine that the EA Notification for research in-vessel digestion operations is complete and correct only if the additional documentation requirements of this section have been met.

(f) These operations shall be inspected by the EA at least once every three (3) months unless the EA approves, with Department concurrence, a reduced inspection frequency. The EA may approve a reduced inspection frequency only if it will not pose an additional risk to public health and safety or the environment but in no case shall the frequency be less than once per calendar year. [Note: See section 18083(a)(3) for additional EA and Department requirements regarding the approval or denial of requests for reducing the frequency of inspections.]

Note:

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


Section 17896.9. Dairy In-Vessel Digestion Operations

(a) All dairy in-vessel digestion operations shall comply with the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100).

(1) These operations shall be inspected by the EA at least once a month for the first 12 months of operation. After the first 12 months of operation the EA may approve, with Department concurrence, a reduced inspection frequency of once every three months. After the first 24 months of operation the EA may approve, with Department concurrence, a reduced inspection frequency of once per calendar year. The EA may approve a reduced inspection frequency only if it will not pose an additional risk to public health and safety or the environment. [Note: See section 18083(a)(3) for additional EA and Department requirements regarding the approval or denial of requests for reducing the frequency of inspections.]

(2) Any imported materials delivered to the dairy must be pumped or off-loaded directly into a covered, leak-proof container and then pumped, or diluted or slurried and then pumped, and co-digested in an in-vessel digester at a dairy. The pumped material may be screened, otherwise separated or treated prior to in-vessel digestion, but must be processed and conveyed in a contained system. Any separated material at the dairy that is not suitable for in-vessel digestion and has no beneficial use shall be further managed as a solid waste.

Note:

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


Section 17896.10. Distribution Center In-Vessel Digestion Operations.

(a) All distribution center in-vessel digestion operations shall comply with the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100).

(1) These operations shall be inspected by the EA at least once every three (3) months unless the EA approves, with Department concurrence, a reduced inspection frequency. The EA shall approve a lesser inspection frequency if it will not pose an additional risk to public health and safety and the environment but in no case shall the frequency be less than annual. The EA shall submit, for concurrence, a copy of the operator request and EA-proposed approval to the Department. [Note: See section 18083(a)(3) for additional EA and Department requirements regarding the approval or denial of requests for reducing the frequency of inspections.]

Note:

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


Section 17896.11. Limited Volume In-Vessel Digestion Operations.

All limited volume in-vessel digestion operations shall comply with the Enforcement Agency Notification requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing with section 18100).

(1) These operations shall be inspected by the EA at least once every three (3) months unless the EA approves, with Department concurrence, a reduced inspection frequency. The EA shall approve a lesser inspection frequency if it will not pose an additional risk to public health and safety and the environment but in no case shall the frequency be less than annual. The EA shall submit, for concurrence, a copy of the operator request and EA-proposed approval to the Department. [Note: See section 18083(a)(3) for additional EA and Department requirements regarding the approval or denial of requests for reducing the frequency of inspections.]

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020 and 43021, Public Resources Code.


Section 17896.12. Medium Volume In-Vessel Digestion Facilities

All medium volume in-vessel digestion facilities shall comply with the Registration Permit requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing with section 18104).

(1) These facilities shall be inspected monthly by the EA in accordance with PRC section 43218.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020 and 43021, Public Resources Code.


Section 17896.13. Large Volume In-Vessel Digestion Facilities

All large volume in-vessel digestion facilities shall obtain a Full Solid Waste Facilities Permit, in accordance with the procedures set forth in Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2, 3, and 3.1 of the California Code of Regulations (commencing with section 21570). The In-vessel Digestion Report required by section 17896.15 shall constitute the Report of Facility Information required by section 21570(f)(2) of Title 27.

(1) These facilities shall be inspected monthly by the EA in accordance with PRC section 43218.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020 and 43021, Public Resources Code.


Section 17896.14. In-Vessel Digestion Facility Plan.

Each operator of a Medium Volume In-vessel Digestion Facility, as defined in section 17896.2(a)(19) shall file with the EA an “In-vessel Digestion Facility Plan” (as specified in section 18221.5.1). The information contained in the Plan shall be reviewed by the EA to determine whether it is complete and correct as defined in Title 14, Division 7, Chapter 5.0, Article 3.0, section 18101.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020 and 43021, Public Resources Code.


Section 17896.15. In-Vessel Digestion Report.

(a) Each operator of a Large Volume In-vessel Digestion Facility, as defined in section 17896.2(a)(15) shall file with the EA an “In-Vessel Digestion Report” (as specified in section 18221.6.1). An operator of an existing facility who submits an application package to the EA, pursuant to Title 27, section 21570, which proposes to change the facility's operations, or to change the solid waste facility permit shall do one of the following:

(1) submit the updated information as an amendment to the existing In-vessel Digestion Report; or

(2) submit a complete In-vessel Digestion Report as described in section 18221.6.1.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020 and 43021, Public Resources Code.


Section 17896.16. Applicability of State Minimum Standards

(a) Articles 1, 2, 3, 4, and 6. of this Chapter set forth the minimum standards that apply to all in-vessel digestion operations and facilities, except as noted in section 17896.1.(a).

(b) Article 5 of this Chapter sets forth additional minimum standards that will apply only to in-vessel digestion facilities.

(c) Approvals, determinations and other requirements that the EA is authorized to make under Articles 1, 3, 4, 5, and 6 of this Chapter shall be provided in writing by the EA to the operator. The operator shall place a copy of each approval, determination and other requirement in the operating record together with those records identified in sections 17896.45 and 17896.46.

(d) Some of the standards contained in this Chapter authorize the EA to approve an alternative method of compliance with the standard. These provisions are not intended to allow the EA to change the particular standard, but are intended to allow the EA flexibility to approve, in advance, an alternative method of meeting the existing standard which provides equivalent protection of the public health and safety and the environment as the existing standard. For facilities that require a full solid waste facility permit, the EA may choose to include the approved alternative method of compliance as a term and condition of the solid waste facility permit, rather than in the manner authorized by subdivision (c) of this section. If the method is included in the solid waste facility permit, a change to the method may require a revision to the solid waste facility permit in accordance with the procedures set forth in Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2, 3, and 3.1 (commencing with section 21570).

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020 and 43021, Public Resources Code.

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Last updated: CalRecycle regulations are updated continuously as changes are made and approved by the Office of Administrative Law.
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