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 2. Siting and Design

Section 17896.17. Siting on Landfills.

(a) In-vessel digestion operations and facilities or portions thereof, located atop fully or partially closed solid waste landfills shall meet postclosure land use requirements pursuant to Title 27, California Code of Regulations, section 21190.

(b) In-vessel digestion operations and facilities or portions thereof, located 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.

(c) In-vessel digestion operations and facilities or portions thereof, located on intermediate cover on a solid waste landfill shall be operated in a manner not to interfere with the operations of the landfill or with the closure or postclosure maintenance of the landfill.

Note:

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


Section 17896.18. General Design Requirements.

(a) The design of a new in-vessel digestion operation or facility shall utilize expert advice, as appropriate, from persons competent in engineering, architecture, landscape design, traffic engineering, air quality control, water quality protection and design of structures.

(b) The design shall be based on appropriate data regarding the expected service area, anticipated nature and quantity of wastes to be received, climatological factors, physical settings, adjacent land use (existing and planned), types and number of vehicles anticipated to enter the operation or facility, adequate off-street parking facilities for transfer vehicles, drainage control, the hours of operation and other pertinent information. If the operation or facility is to be used by the general public, the design shall take account of safety features that may be needed to accommodate such public use.

(c) The in-vessel digestion operation or facility shall be designed in such a manner as to restrict the unloading area to as small an area as practicable, provide adequate control of windblown material, minimize the propagation or attraction of flies, rodents or other vectors and the creation of nuisances by reason of solid wastes being handled at the operation. Other factors which shall be taken into consideration are: dust control, noise control, public safety, and other pertinent matters related to the protection of public health at the operation or facility.

(d) In reviewing the design of a proposed in-vessel anaerobic digestion operation or facility, the EA may require the applicant to describe how he or she has complied with applicable local and state requirements regarding odor control measures, personnel health and safety, and sanitary facilities.

(e) Solid waste storage containers shall be durable, easily cleanable, designed for safe handling, and constructed to prevent loss of wastes from the container during storage. If such a container is used to store garbage, other wet or liquid producing wastes, or wastes composed of fine particles, such container shall in all cases be nonabsorbent and leak-resistant. Unloading areas shall be easily cleanable, designed for safe handling and constructed to prevent loss of wastes.

Note:

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


Article 3. Operating Standards for In-Vessel Digestion Operations and Facilities

Section 17896.19. Biogas Control.

The operator of an in-vessel digestion operation or facility must take adequate measures to prevent the uncontrolled release of biogas that may have harmful effects to on-site users and the general public.

Note:

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


Section 17896.20. Cleaning.

(a) In-vessel digestion operations, facilities, and their equipment, boxes, bins, pits and other types of containers shall be cleaned using the following schedule, or at a lesser frequency, approved by the EA, in order to prevent the propagation or attraction of flies, rodents, or other vectors:

(1) all operations and facilities shall be cleaned each operating day of all loose materials and litter;

(2) all operations or facilities that operate 24 hours per day must clean the operations or facilities at least once every 24 hours.

(b) The entrance and exit shall be cleaned at a frequency which prevents the tracking or off-site migration of waste materials.

Note:

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


Section 17896.21. Drainage and Spill Control.

(a) Drainage at all in-vessel digestion operations and facilities shall be controlled to:

(1) minimize the creation of contact water outside of in-vessel digesters and sealed containers;

(2) prevent to the greatest extent possible given existing weather conditions, the uncontrolled off-site migration of contact water;

(3) protect the integrity of roads and structures;

(4) protect the public health; and

(5) prevent safety hazards and interference with operations.

(b) The operator shall take measures to prevent spillage and promptly respond to any leaks or spills that occur.

Note:

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


Section 17896.22. Dust Control.

(a) The operator shall take adequate measures to minimize the creation, emission, or accumulation of excessive dust and particulates, and prevent other safety hazards to the public caused by obscured visibility. The operator shall minimize the unnecessary handling of wastes during processing to prevent the creation of excessive dust. Measures to control dust include, but are not limited to: reduced processing, periodic sweeping and cleaning, misting systems or ventilation control. One or more of the following may be an indication that dust is excessive:

(1) safety hazards due to obscured visibility; or

(2) irritation of the eyes; or

(3) hampered breathing;

(4) migration of dust off-site.

Note:

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


Section 17896.23. Hazardous, Liquid, and Special Wastes.

(a) An in-vessel digestion operation or facility shall not intentionally accept or store hazardous wastes, including batteries, oil, paint, and special wastes, unless it has been approved to handle the particular waste by the appropriate regulatory agencies. Such approvals shall be placed in the operating record.

(b) At in-vessel digestion operations and facilities where unauthorized hazardous wastes are discovered, control measures as are necessary to protect public health, safety and the environment, such as elimination or control of dusts, fumes, mists, vapors or gases shall be taken prior to isolation or removal from the operation or facility.

(c) In-vessel digestion operations and facilities shall be properly equipped to handle liquid wastes and sludge wastes in a manner to protect public health, safety, and the environment.

Note:

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


Section 17896.24. Litter Control.

Litter at in-vessel digestion operations and facilities shall be controlled, and routinely collected to prevent safety hazards, nuisances or similar problems and off-site migration to the greatest extent possible given existing weather conditions.

Note:

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


Section 17896.25. Load Checking.

(a) The operator of an attended in-vessel digestion operation or facility shall implement a load checking program to prevent the acceptance of waste which is prohibited by this Chapter. This program must include at a minimum:

(1) the number of random load checks to be performed;

(2) a location for the storage of prohibited wastes removed during the load checking process that is separately secured or isolated;

(3) records of load checks and the training of personnel in the recognition, proper handling, and disposition of prohibited waste. A copy of the load checking program and copies of the load checking records for the last year shall be maintained in the operating record and be available for review by the appropriate regulatory agencies.

Note:

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


Section 17896.26. Maintenance Program.

All aspects of the in-vessel digestion operation or facility shall be maintained in a state of good repair. The operator shall implement a preventative maintenance program to monitor and promptly repair or correct deteriorated or defective conditions.

Note:

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


Section 17896.27. Medical Wastes.

Medical waste, whether treated or untreated, shall not be accepted at an in-vessel digestion operation or facility, unless approved by the appropriate regulatory agencies.

Note:

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


Section 17896.28. Noise Control.

Noise shall be controlled to prevent health hazards and to prevent nuisance. Measures to control noise include but are not limited to: posting of warning signs that recommend or require hearing protection; separation by barriers that limit access to authorized personnel only; or, enclosures to reduce noise transmission. Compliance with specific provisions regarding noise control in a local land use approval, such as a conditional use permit or CEQA mitigation measures, shall be considered compliance with this standard.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020 and 43021, Public Resources Code, and Title 40, Chapter I, Subchapter O, Part 503, of the Code of Federal Regulations.


Section 17896.29. Non-Salvageable Items

Drugs, cosmetics, foods, beverages, hazardous wastes, poisons, medical wastes, syringes, needles, pesticides and other materials capable of causing public health or safety problems shall not be salvaged at in-vessel digestion operations or facilities unless approved by all applicable agencies and the EA.

Note:

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


Section 17896.30. Odor Best Management Practice Feasibility Report.

(a) The operator may voluntarily prepare an Odor Best Management Practice Feasibility Report (Report) or the EA may require the operator to prepare a Report after consecutive or chronic odor violations as determined pursuant to section 17896.31(f).

(b) The Report shall:

(1) Present representative and correlating odor data for each potential onsite odor source including but not limited to: odor severity, odor characteristics, time and weather conditions when data was collected, description of operations associated with the source, and any odor impacts or complaints received;

(2) Identify, based on data required in subdivision (b)(1), which onsite odor sources are and are not contributing to odor impacts and rank those contributing to the odor impacts (complaints/violations) in order of impact;

(3) For odor sources contributing to odor impacts, as identified above in subdivision (b)(2):

(A) List of all best management practices (BMPs), using the Comprehensive Compost Odor Response Project (CCORP) or other industry-accepted practice(s) as a guideline, which the operator has used to minimize odor and analyze each BMP for the following:

  1. The effectiveness of the BMP in reducing odor impacts;
  2. The potential for more extensive use of the BMP to minimize odor impacts described by complainants;
  3. If the BMP has been operationally practical and if more extensive use of the BMP would be operationally practical;
  4. The approximate cost to implement a more extensive use of the BMP;
  5. Any permits or permit changes necessary to use the BMP more extensively;
  6. Overall recommendation if existing BMPs should be continued and if more extensive use of the BMP is recommended; and
  7. If the BMP has been found to be ineffective (include supporting data).

(B) List of all potential best management practices (BMPs), using the Comprehensive Compost Odor Response Project (CCORP) or other industry-accepted practice(s) as a guideline, which the operator has not used and analyze each potential BMP to determine:

  1. The potential for the BMP to reduce odor impacts described by complainants;
  2. If the BMP is operationally practical;
  3. The approximate cost to implement the BMP;
  4. Any permits or permit changes necessary to use the BMP; and
  5. Overall recommendation and ranking of implementing the BMP.

(C) Develop a plan and schedule for implementing the BMP(s) that are recommended, based on the analysis conducted pursuant to subdivision (b)(3)(A) and (B).

(c) The operator shall submit the Report required by subdivisions (a) and (b), and the plan and schedule required by subdivision (b)(3)(C) to the EA and the Department for review. If the EA has required the operator to prepare a Report pursuant to subdivision (a), the operator shall submit the plan and schedule within 14 days or other timeframe approved by the EA.

(d) The EA, in consultation with the Department, shall within 30 days:

(1) approve the Report and associated plan and direct the operator in writing to implement the plan in whole or in part; and/or

(2) direct the operator in writing to submit specific changes or additional information within a timeframe specified by the EA.

(e) The EA may issue a Notice and Order pursuant to section 17863.4(f) to carry out subdivision (d)(1) or (d)(2).

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021 and 43209.1, Public Resources Code.


Section 17896.31. Odor Minimization Plan.

(a) All in-vessel digestion operations and facilities shall prepare, implement and maintain a site-specific odor impact minimization plan. A complete plan shall be submitted to the EA with the EA Notification or permit application.

(b) Odor impact minimization plans shall provide guidance to on-site operation personnel by describing, at a minimum, the following items. If the operator will not be implementing any of these procedures, the plan shall explain why it is not necessary.

(1) an odor monitoring and data collection protocol for on-site odor sources, which describes the proximity of possible odor receptors and a method for assessing odor impacts at the locations of the possible odor receptors; and,

(2) a description of meteorological conditions effecting migration of odors and/or transport of odor-causing material off-site. Seasonal variations that effect wind velocity and direction shall also be described; and,

(3) a complaint response and recordkeeping protocol; and,

(4) a description of design considerations and/or projected ranges of optimal operation to be employed in minimizing odor, including method and degree of aeration, moisture content of materials, feedstock characteristics, airborne emission production, process water distribution, pad and site drainage and permeability, equipment reliability, personnel training, weather event impacts, utility service interruptions, and site specific concerns as applicable; and,

(5) a description of operating procedures for minimizing odor, including aeration, moisture management, feedstock quality, drainage controls, pad maintenance, wastewater pond controls, storage practices (e.g., storage time and pile geometry), contingency plans (i.e., equipment, water, power, and personnel), bio filtration, and tarping as applicable.

(c) The odor impact minimization plan shall be revised to reflect any changes, and a copy shall be provided to the EA, within 30 days of those changes.

(d) The odor impact minimization plans shall be reviewed annually by the operator to determine if any revisions are necessary.

(e) The odor impact minimization plan shall be used by the EA to determine whether or not the operation or facility is following the procedures established by the operator. If the EA determines that the odor impact minimization plan is not being followed, the EA may issue a Notice and Order (pursuant to section 18304) to require the operator to either comply with the odor impact minimization plan or to revise it.

(f) If the odor impact minimization plan is being followed and the EA determines, in a manner consistent with section 18302(d), that odor impacts are still occurring, the EA shall direct the operator to prepare and implement an Odor Best Management Practice Feasibility Report (Report) as specified in section 17896.30. The EA shall consider the results of the Report prior to issuing a Notice and Order (pursuant to section 18304) requiring the operator to take additional reasonable and feasible measures to minimize odors unless:

(1) the EA has evidence that a specific and immediate action would reduce the odor impacts;

(2) there is an imminent threat to public health and safety and the environment; or

(3) a nuisance has occurred.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021 and 43209.1, Public Resources Code.


Section 17896.32. Odor and Nuisance Control.

Each in-vessel digestion operation and facility shall be conducted and maintained:

(a) in a manner that minimizes odor impacts so as to not cause a nuisance, and

(b) to otherwise prevent the creation of a nuisance.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020, and 43201, Public Resources Code.


Section 17896.33. Parking.

Adequate off-street parking area(s) shall be provided, if necessary, for transfer vehicles. Compliance with specific provisions regarding adequacy of off-street parking in a local land use approval, such as a conditional use permit or CEQA mitigation measures, shall be considered compliance with this standard.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020, and 43201, Public Resources Code.


Section 17896.34. Personnel Health and Safety.

The Injury, Illness, and Prevention Program (IIPP) required by Title 8, California Code of Regulations, section 3203, shall be available for review by local and state inspectors during normal business hours. Nothing in this section is intended to make the EA responsible for enforcing the IIPP.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020, and 43201, Public Resources Code.


Section 17896.35. Pre-Digestion Solid Waste Handling

(a) Putrescible wastes shall be injected into the in-vessel digester or stored in a sealed container or sealed structure or removed from the site within 48 hours from the time of receipt. This requirement does not apply to putrescible waste stored in a sealed bag, bottle, or can.

(b) All non-putrescible wastes not intended for digestion shall be removed within 7 days from the date of receipt or at an alternate frequency approved by the EA.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020, and 43201, Public Resources Code.


Section 17896.36. Protection of Users.

An in-vessel digestion operation or facility shall be designed, constructed, operated, and maintained so that contact between the public and solid wastes is minimized. This may be accomplished through the use of railings, curbs, grates, fences, and/or spotters.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020, and 43201, Public Resources Code.


Section 17896.37. Roads.

All on-site roads and driveways shall be designed and maintained to minimize the generation of dust and tracking of soil onto adjacent public roads. Such roads shall be kept in safe condition and maintained to allow vehicles utilizing the in-vessel digestion operation or facility to have reasonable all-weather access to the site.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020, and 43201, Public Resources Code.


Section 17896.38. Sanitary Facilities.

The operator shall maintain all sanitary and hand-washing facilities in a reasonably clean and adequately supplied condition.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020, and 43201, Public Resources Code.


Section 17896.39. Scavenging and Salvaging.

Each in-vessel digestion operation or facility shall meet the following requirements:

(a) scavenging shall be prohibited;

(b) salvaging of materials, such as metal, paper, glass and cardboard is permitted as an integral part of the operation, subject to conditions established by the EA, the local land use authority, or other approving agencies.

(c) salvaging activities shall be conducted in a planned and controlled manner and not interfere with other aspects of site operation. Activities shall be conducted so as not to interfere with expeditious entry and exit of vehicles delivering waste to the in-vessel digestion operation or facility. Salvaging activities conducted at an in-vessel digestion operation or facility shall be confined to specified, clearly identified areas of the in-vessel digestion operation or facility, and controlled to prevent health, safety or nuisance problems;

(d) storage of materials salvaged from solid wastes shall be ancillary to the activities of the operation or facility unless such storage is planned as an integral part of the operation. Materials salvaged on-site shall be stored away from other activity areas in specified, clearly identifiable areas as noted in the In-vessel Digestion Facility Plan or In-vessel Digestion Report. They shall be arranged to minimize risk of fire, health and safety hazard, vector harborage, or other hazard or nuisance, and limited to a specified volume and/or duration as described in the Enforcement Agency Notification, In-vessel Digestion Facility Plan, or In-vessel Digestion Facility Report.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020, and 43201, Public Resources Code.


Section 17896.40. Signs.

(a) For in-vessel digestion operations or facilities not open to the public, each point of access from a public road shall be posted with an easily visible sign indicating the in-vessel digestion operation or facility name and location of nearest public operation or facility.

(b) If the operation or facility is open to the public, there shall be an easily visible sign at all public entrances indicating the name of the operator, the operator's telephone number, schedule of charges, hours of operation, and a listing of the general types of materials which either (1) WILL be accepted, or (2) WILL NOT be accepted.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020, and 43201, Public Resources Code.


Section 17896.41. Site Restoration.

All in-vessel digestion 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, digestate, compost materials, construction scraps, and other materials related to the operations, and these residues legally recycled, reused, or disposed.

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

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

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020, and 43201, Public Resources Code.


Section 17896.42. Supervision and Personnel.

The operator shall provide adequate supervision and a sufficient number of qualified personnel to ensure proper operation of the site in compliance with all applicable laws, regulations, permit conditions and other requirements. The operator shall notify the EA in writing of the name, address and telephone number of the operator or other person responsible for the operation. A copy of the written notification shall be placed in the operating record.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020, and 43201, Public Resources Code.


Section 17896.43. Training.

Personnel assigned to the operation or facility shall be adequately trained in subjects pertinent to site solid waste operations and maintenance, hazardous materials recognition and screening, use of mechanized equipment, environmental controls, emergency procedures and the requirements of this Article. A record of such training history shall be maintained and made available for inspection.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020, and 43201, Public Resources Code.


Section 17896.44. Vector, Bird and Animal Control.

The operator shall take adequate steps to control or prevent the propagation, harborage and attraction of flies, rodents, or other vectors, and animals, and to minimize bird attraction.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40053, 43020, and 43201, Public Resources Code.

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