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 4. Record Keeping Requirements.

Section 17896.45. Record Keeping Requirements.

Each operator shall meet the following requirements:

(a) Each operator shall maintain records of incoming weights or volumes and outgoing salvage or residual weights or volumes in a form and manner approved by the EA. Such records shall be: submitted to the EA or the Department upon request; be adequate for overall planning and control purposes; and, be as current and accurate as practicable;

(b) All records required by this Chapter shall be kept by the operator in one location and accessible for five (5) years and shall be available for inspection by the EA and other duly authorized regulatory agencies during normal working hours.

(c) The operator shall submit copies of specified records to the EA upon request or at a frequency approved by the EA;

(d) The operator shall maintain a daily log book or file of special occurrences encountered during operations and methods used to resolve problems arising from these events, including details of all incidents that required implementing emergency procedures. Special occurrences shall include but are not limited to: fires, injury and property damage, accidents, explosions, receipt or rejection of prohibited wastes, lack of sufficient number of personnel pursuant to section 17896.42, flooding, earthquake damage and other unusual occurrences. In addition, the operator shall notify the EA by telephone within 24 hours of all incidents requiring the implementation of emergency procedures, unless the EA determines that a less immediate form of notification will be sufficient to protect public health and safety and the environment;

(e) The operator shall record any written 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;

(f) The operator shall maintain a copy of the written notification to the EA and local health agency of the name, address and telephone number of the operator or other person(s) responsible for the operations as required by section 17896.42;

(g) The operator shall maintain records of employee training as required by section 17896.43;

(h) all in-vessel digestion operations and facilities shall maintain records as required by section 18809 et seq.

(i) The operator shall record all test results generated by compliance with Article 6 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.

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

Note:

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


Section 17896.46. Documentation of Enforcement Agency Approvals, Determinations, and Requirements.

Approvals, determinations, and other requirements the EA is authorized to make under this Chapter shall be provided in writing to the operator and placed in the operating record by the operator.

Note:

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


Article 5. Additional Operating Requirements for In-Vessel Digestion Facilities Only.

Section 17896.47. Communications Equipment

Each in-vessel digestion facility shall have adequate communication equipment available to site personnel to allow quick response to emergencies.

Note:

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


Section 17896.48. Equipment.

Equipment shall be adequate in type, capacity and number, and sufficiently maintained to allow the in-vessel digestion facility to meet all requirements of this Chapter.

Note:

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


Section 17896.49. Fire Fighting Equipment.

Each in-vessel digestion facility shall have fire suppression equipment continuously available, properly maintained and located as required by the local fire authority.

Note:

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


Section 17896.50. Housekeeping.

The operator shall provide adequate housekeeping for the maintenance of in-vessel digestion facility equipment and shall minimize accumulations of fuel drums, inoperable equipment, parts, tires, scrap, and similar items.

Note:

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


Section 17896.51. Lighting.

The in-vessel digestion facility and/or equipment shall be equipped with adequate lighting, either through natural or artificial means, to ensure the ability to monitor incoming loads, effectiveness of operations, and 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 17896.52. Site Attendant.

An in-vessel digestion facility open to the public shall have an attendant present during public operating hours or the facility shall be inspected by the operator on a regularly scheduled basis as approved by the EA to ensure that it meets all of the requirements of this Chapter.

Note:

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


Section 17896.53. Site Security.

The in-vessel digestion facility shall be designed to discourage unauthorized access by persons and vehicles through the use of either a perimeter barrier or topographic constraints.

Note:

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


Section 17896.54. Traffic Control.

(a) Traffic flow through the in-vessel digestion facility shall be controlled to prevent the following:

(1) interference with or creation of a safety hazard on adjacent public streets or roads,

(2) on-site safety hazards, and

(3) interference with operations.

Note:

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


Section 17896.55. Visual Screening.

The in-vessel digestion facility shall have appropriate treatment of areas open to public view to create and maintain an aesthetically acceptable appearance as approved by the local land use authority, or if none exist, in consultation with the EA. Compliance with specific provisions regarding visual screening 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.


Section 17896.56. Water Supply.

A safe and adequate water supply for conducting in-vessel digestion, drinking and emergency use (e.g., fire protection, first aid) shall be available.

Note:

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


Article 6. Digestate Handling Standards.

Section 17896.57. Digestate Handling.

(a) Digestate not contained in an in-vessel digester shall, within 24 hours, be:

(1) stored or processed on-site in a sealed container or sealed structure unless the EA approves an alternative handling method after determining the alternative method will not pose an additional risk to public health and safety or the environment; or

(2) incorporated in an on-site aerobic compost process.

(A) On-site aerobic composting of digestate is allowable only at large volume in-vessel digestion facilities that have obtained an In-vessel Digestion Facility Permit pursuant to section 17896.13.

(B) All in-vessel digestion facilities that compost on-site shall comply with the sampling requirements of section 17896.58, maximum metal concentrations requirements of section 17896.59, the maximum acceptable pathogen concentrations requirements of section 17896.60(b)(1), and physical contamination limits of section 17896.61; or

(3) removed from the site and either:

(A) transported only to another solid waste facility or operation for additional processing, composting, or disposal; or

(B) used in a manner approved by local, state, and federal agencies having appropriate jurisdiction. Any digestate that will be land applied must meet the requirements of section 17852(a)(24.5).

(C) disposed in a manner as set forth in the Consolidated Regulations for Treatment, Storage, Processing or Disposal of Solid Waste (commencing at Title 27, California Code of Regulations, section 20005).

(b) Digestate that has not been analyzed for metal concentration pursuant to section 17896.59, pathogen concentration pursuant to section 17896.60(b)(1), and physical contaminants pursuant to section 17896.61 or is known to contain any metal in amounts that exceed the maximum metal concentrations described in section 17896.59, pathogens that exceed the maximum acceptable pathogen concentrations described in section 17896.60(b)(1), or physical contaminants that exceed the maximum physical contamination limits described in section 17896.61 shall be designated for disposal, additional processing, or other use as approved by local, state agencies having appropriate jurisdiction.

Note:

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


Section 17896.58. Sampling Requirements.

(a) Operators shall verify that compost produced at an in-vessel digestion facility (pursuant to section 17896.57(a)(2)) meets the maximum metal concentrations limits specified in section 17896.59, and the pathogen reduction requirements specified in section 17896.60. This verification shall be performed by taking and analyzing a composite sample. The sampling of compost produced at an in-vessel digestion facility shall occur prior to the point where the 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 in-vessel digestion facility where it was produced.

(b) Sampling shall be performed by taking and analyzing at least one composite sample, following the requirements of this section as follows:

(1) An operator shall take and analyze one composite sample for every 5,000 cubic-yards of compost produced. If the in-vessel digestion facility produces less than 5,000 cubic-yards of compost in a 12 month period, the operator shall analyze at least one composite sample every 12 month period.

(2) Composite sample analysis for maximum acceptable metal concentrations, specified in section 17896.59, shall be conducted at a laboratory certified by the California Department of Public Health, pursuant to the Health and Safety Code.

(c) 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 post-digested solids or 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.

(d) The EA may approve alternative methods of sampling that ensures the maximum metal concentration requirements of section 17896.59, and the pathogen reduction requirements of section 17896.60, as applicable, are met.

Note:

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


Section 17896.59. Maximum Metal Concentrations.

(a) Compost produced at an in-vessel digestion facility (pursuant to section 17896.57(a)(2)) shall not exceed the maximum acceptable metal concentrations shown in Table 2. Compost that contains any metal in amounts that exceed the maximum acceptable metal concentrations shown in Table 2 shall be designated for additional processing, disposal, or other use as approved by local, state and federal agencies having appropriate jurisdiction. Test results of samples must be received by the operator prior to removing compost from the in-vessel digestion facility where it was produced.

Table 2 - 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 2 are not exceeded.

Note:

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


Section 17896.60. Pathogen Reduction

(a) Compost produced at an in-vessel digestion facility (pursuant to section 17896.57(a)(2)) shall not exceed the maximum acceptable pathogen concentrations described in subdivision (b)(1) 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 and federal agencies having appropriate jurisdiction. Test results of samples must be received by the operator prior to removing compost from the in-vessel digestion facility where it was produced.

(b) Operators of in-vessel digestion facilities that produce compost shall ensure that:

(1) The density of fecal coliform in compost produced at an in-vessel digestion facility 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 this compost shall be less than three (3) Most Probable Number per four (4) grams of total solids (dry weight basis). Test results of samples must be received by the operator prior to removing product from the site.

(2) At in-vessel digestion facilities using an enclosed or within-vessel composting process, 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 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 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) In-vessel digestion facilities that produce compost utilizing 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 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, Public Resources Code.
Reference: Sections 43020 and 43021, Public Resources Code.


Section 17896.61. Physical Contamination Limits.
This section shall become operative January 1, 2018.

(a) Compost produced at an in-vessel digestion facility (pursuant to section 17896.57(a)(2)) 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 and 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 in-vessel digestion facility where it was produced.

(b) The operator of an in-vessel digestion facility with an on-site aerobic compost process 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 in-vessel digestion 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 EA’s visual observation or otherwise, that a determination of percent physical contaminants made pursuant to section 17896.61(b) is not accurate, the EA may require an operator of an in-vessel digestion 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 17896.61(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 contaminant requirements of this section are met.

Note:

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

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