California Department of Resources Recycling and Recovery (CalRecycle) 

Regulations: Title 14, Natural Resources--Division 7

Chapter 3. Minimum Standards for Solid Waste Handling and Disposal

Article 5.8. Nonhazardous Ash Regulatory Tier Requirements

Section 17375. Authority and Scope.

(a) This Article sets forth permitting requirements and minimum operating standards for operations and facilities that handle and/or dispose of nonhazardous ash, as specified. This Article is not applicable to Class II or III landfills that handle and/or dispose of other waste types in addition to nonhazardous ash.

(b) This Article 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) This Article implements those provisions of the Act relating to the handling and/or disposal of nonhazardous ash. Nothing in this Article is intended to limit 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.

(d) Nothing in this Article shall be construed as relieving any owner, operator, or designee from the obligation of obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, reports, or other requirements of other regulatory or enforcement agencies, including but not limited to, local health entities, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities.

(e) These regulations are intended to provide a sufficient level of information and oversight to ensure that the transfer and processing, or monofilling of nonhazardous ash will be conducted in a manner which meets the purposes of the Act while protecting public health, safety and the environment. Materials that may otherwise be disposed to landfills may be, among other things, processed to reduce, reuse, and recycle the material to the maximum extent feasible in an efficient and cost-effective manner to conserve water, energy and other natural resources.

(f) Operations and facilities subject to this Article shall be in compliance with the provisions of this Article within 90 days after the effective date of this Article.

Note:

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


Section 17376. Definitions.

For the purposes of this Article:

(a) "Air District" means Air Pollution Control District or Air Quality Management District.

(b) "Disposal" means:

(1) final deposition of nonhazardous ash onto land.

(2) stockpiling of nonhazardous ash onto land for a combined period of time greater than six months when located for use at the site of a transfer/processing operation(s) unless the RWQCB in consultation with the enforcement agency authorizes nonhazardous ash to remain within the operations area for a period of time greater than six months.

(3) disposal does not include the use of nonhazardous ash for cover material at a solid waste landfill. Notwithstanding this section, use of nonhazardous ash as a cover material shall still require approval for use pursuant to Title 27 California Code of Regulations section 20680 and may require additional approvals from other governmental agencies, including, but not limited to RWQCB and Air Districts.

(4) disposal does not include the use of nonhazardous ash for a reclamation project as defined in section 17376 (m).

(5) disposal does not include the use of nonhazardous ash for snow and ice control, roadbase/subbase, walk areas, parking areas, airport runways, trails, dairy or feedlot soil stabilization, structural fill, sludge/manure/waste stabilizing material, compost mineral filler, smelter flux, blending in a soil product, and similar uses in accordance with Public Resources Code section 40180. Nonhazardous ash used for these purposes is not subject to the requirements of this Article. Nothing in this section precludes the enforcement agency or the CIWMB from inspecting any of the activities listed in this subdivision to verify that the activity qualifies for this exception from the definition of disposal.

(6) disposal does not include land application of nonhazardous ash as defined in section 17376(e).

(7) Should the enforcement agency have information that a nonhazardous ash handler is engaging in other activities that are subject to this Article, the burden of proof shall be on the land owner or operator to demonstrate otherwise.

(c) "Fully Enclosed Structure" means either a building with a roof and walls that prevent rain and wind from affecting the material, or covered container.

(d) "Generator" means the nonhazardous ash producer.

(e) "Land Application" means the application of nonhazardous ash to forest, agricultural, and range land in accordance with California Department of Food and Agriculture requirements for a beneficial use as authorized by Food and Agricultural Code section 14501 et seq. Land application does not constitute disposal and is not subject to the requirements of this Article.

(f) "Manufacturing" means using nonhazardous ash as a raw material in making a finished product that is distinct from nonhazardous ash. Such finished products include but are not limited to cement and concrete products, asphalt, blasting grit, roofing granules and tiles, wallboard, bricks, vitrified clay pipe, stucco and decorative rock. Nonhazardous ash used in manufacturing is not subject to the requirements of this Article. Should the enforcement agency have information that a nonhazardous ash manufacturer is engaging in other activities that are subject to this Article, the burden of proof shall be on the land owner or operator to demonstrate otherwise.

(g) "Nonhazardous Ash" means the nonhazardous residue from the combustion of material or the hazardous residue which may be managed as a nonhazardous waste in accordance with Title 22 California Code of Regulations sections 66260.200(f) or 66260.210. The classification of a waste as hazardous or nonhazardous is made pursuant to Title 22 California Code of Regulations section 66260.200.

(h) "Nonhazardous Ash Disposal/Monofill Facility" or "Facility" means a facility that handles only nonhazardous ash for purposes of disposal and is not a landfill pursuant to Public Resources Code section 40195.1.

(i) "Nonhazardous Ash Transfer/Processing Operation" or "Operation" means an operation that handles only nonhazardous ash for purposes of transfer, treatment, or storage. This definition does not include transformation, biomass conversion, or other incineration facilities.

(j) "Operations Area" means the following areas within the boundary of an operation or facility that are subject to this Article, although the boundary may or may not be the same as the property boundary:

(1) equipment management area, including cleaning, maintenance, and storage areas;

(2) stockpiling areas for nonhazardous ash;

(3) transfer and/or processing and/or disposal areas.

(k) "Operator" means the land owner or other person who, through a lease, franchise agreement or other contract with the land owner is legally responsible for all of the following:

(1) transfer/processing operations or disposal;

(2) complying with all applicable federal, state and local requirements relating to the operation;

(3) the design, construction, and physical operation of a transfer/processing operation or disposal/monofill facility;

(4) operations site restoration of a transfer/processing operation or disposal/monofill facility.

(l) "Owner" means the person or persons who own, in whole or in part, a nonhazardous ash transfer/processing operation, disposal/monofill facility, or the land on which it is located.

(m) "Reclamation Project" means the use of nonhazardous ash in accordance with the requirements of the Office of Mine Reclamation of the Department of Conservation as authorized by Public Resources Code section 2770 et seq. Reclamation projects do not constitute disposal and is not subject to the requirements of this Article.

(n) "RWQCB" means the Regional Water Quality Control Board.

(o) "Site" means the operations area.

(p) "Treatment" means any method, technique, or process which changes or is designed to change the physical, chemical, or biological character or composition of nonhazardous ash. Treatment may also include the removal or reduction of harmful properties or characteristics for any purpose including, but not limited to, material recovery or reduction in volume.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 40180, 43020 and 43021, Public Resources Code.


Section 17377.0. Regulatory Tiers for Nonhazardous Ash Operations and Facilities.

Sections 17377.1 through 17377.3 set forth the regulatory tier requirements (commencing with section 18100) that apply to specified types of nonhazardous ash operations and facilities. These requirements are summarized in Table 1.

Note:

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

Table 1. Nonhazardous Ash Operations and Facilities Placement into the Regulatory Tiers
Not Subject to
Article 5.8
Excluded Tier Enforcement Agency Notification Tier Standardized Tier
Stockpiling as specified in Section 17376(b)(2) Transfer/processing as specified in Section 17377.1 Transfer/processing operations as specified in Section 17377.2 Disposal/monofill as specified in Section 17377.3
Daily Cover as specified in Section 17376(b)(3) Weathertight storage as specified in Section 17377.1    
Uses specified in Section 17376(b)(5)      
Land application as defined in Section 17376(e)      
Manufacturing as defined in Section 17376(f)      
Reclamation projects as defined in Section 17376(m)      

There are no operations or facilities placed within the Registration and Full Permit tiers within this Article.


Section 17377.1. Excluded Operations.

The solid waste handling operations and facilities listed in this section do not constitute nonhazardous ash transfer/processing operations, or disposal/monofill facilities for the purposes of this Article, and are not required to meet the requirements set forth herein.

(a) Transfer/processing operations of nonhazardous ash are excluded from the requirements of this Article when the only activity is:

(1) the transfer/processing from land owned by a single nonhazardous ash generator source or leased by the generator, its parent, or subsidiary, to property owned or leased by the same generator, its parent, or subsidiary; or,

(2) storage within a fully enclosed weathertight structure.

(b) Nothing in this section precludes the enforcement agency or the CIWMB from inspecting an excluded operation or facility to verify that the operation or facility is being conducted in a manner that qualifies as an excluded operation or facility, or from taking any appropriate enforcement action.

(c) Should the enforcement agency have information that a nonhazardous ash operation is not excluded in accordance with this section, the burden of proof shall be on the land owner or operator to demonstrate otherwise.

Note:

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


Section 17377.2. Nonhazardous Ash Transfer/Processing Operations.

(a) All operators of nonhazardous ash transfer/processing operations, except as otherwise provided in this Article, shall comply with the Enforcement Agency Notification requirements set forth in the California Code of Regulations, Title 14, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18103).

(b) In addition to the requirements to subdivision (a), the following statement shall be included in the enforcement agency notification and signed by the operator: "The undersigned certify under penalty of perjury that the information in this document and all attachments are true and correct to the best of my knowledge, and is being executed in accordance with the requirements of the California Code of Regulations, Title 14, Division 7, Chapter 3, Article 5.8 (commencing with section 17375). I certify that the ash as represented in this document is nonhazardous and from a nonhazardous feedstock as defined in section 17376 (g) and is to be managed in accordance with this notification. I am aware that there are significant penalties for submitting false or misleading information in this certification, including the possibility of fine or imprisonment, or both."

(c) A new Enforcement Agency Notification is required any time there are changes to information required by this section.

(d) These operations shall be inspected by the enforcement agency every three (3) months unless the enforcement agency approves, with Department concurrence, a reduced inspection frequency. The enforcement agency 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 enforcement agency 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 17377.3. Nonhazardous Ash Disposal/Monofill Facilities.

(a) All nonhazardous ash disposal/monofill facilities, shall obtain a Standardized Nonhazardous Ash Solid Waste Facility Permit pursuant to the requirements of the California Code of Regulations, Title 14, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18105).

(b) The enforcement agency shall include only those terms and conditions, and no others, contained in CIWMB Form 98 (new 7/96) Standardized Nonhazardous Ash Solid Waste Facility Permit, set forth in Appendix A in this Division.

Note:

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


Section 17378.0. Applicability of State Minimum Standards for Nonhazardous Ash Operations and Facilities.

Sections 17378.1 through 17378.3 set forth the minimum standards that apply to all types of nonhazardous ash operations and facilities. Approvals, determinations and other requirements which the enforcement agency is authorized to make under Article 5.8 shall be provided in writing to the operator. The operator shall maintain a copy of these approvals in addition to those records identified in section 17379.

Note:

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


Section 17378.1. Siting On Landfills.

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

(b) 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) Operations and facilities or portions thereof, located on intermediate cover on a solid waste landfill shall be operated in a manner that will not 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 43020 and 43021, Public Resources Code.


Section 17378.2. General Design Requirements.

(a) The design of a new nonhazardous ash transfer/processing operation or disposal/monofill facility shall utilize expert advice, as appropriate, from persons competent in engineering, architecture, landscape design, traffic engineering, air quality control, and design of structures.

(b) Each nonhazardous ash transfer/processing operation or nonhazardous ash disposal/monofill facility design shall be based on appropriate data regarding the expected service area, anticipated nature and quantity of nonhazardous ash 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 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, and minimize the creation of nuisances at the operation or facility. Other factors that shall be taken into consideration are: dust control, noise control, public safety, and other pertinent matters related to the protection of public health.

(d) Nonhazardous ash storage containers that are considered weathertight shall be durable, easily cleanable, designed for safe handling, and constructed to prevent loss of wastes from the equipment during storage. Such equipment shall be nonabsorbent and leak-resistant. Unloading areas shall be easily cleanable, designed for safe handling and constructed to prevent loss of nonhazardous ash.

Note:

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


Section 17378.3. Operating Standards

Each operator of a nonhazardous ash transfer/processing operation or disposal/monofill facility shall meet the following requirements:

(a) All activities at the operation or facility shall be conducted in a manner that minimizes nuisances, noise impacts, or other public health, safety and environmental hazards.

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

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

(d) The operator shall take adequate measures to minimize and prevent safety hazards due to obscured visibility at the operation or facility.

(e) Drainage shall be controlled at operations and facilities to protect the public health and safety and to prevent interference with the operation.

(f) All operations and facilities open for public business shall post legible signs at all public entrances that include the following:

(1) name of operation or facility,

(2) name of the operator,

(3) hours of operation,

(4) a statement that only nonhazardous ash will be accepted, and

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

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

Note:

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


Section 17379.0. General Record Keeping Requirements.

Each operator of a nonhazardous ash transfer/processing operation or disposal/monofill facility shall meet the following requirements:

(a) All records required by this Article shall be kept by the operator in one location and be accessible for five (5) years and shall be made available for inspection by authorized representatives of the CIWMB, enforcement agency, and other duly authorized regulatory and enforcement agencies during normal working hours. The operator shall submit copies of records to the enforcement agency upon request. An alternative schedule of record submittal may be approved by the enforcement agency.

(b) The operator shall maintain a daily log 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 may include: fires, injury and property damage, accidents, explosions, discharge of hazardous or other wastes not permitted, flooding and other unusual occurrences.

(c) 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,

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

(d) The operator shall record the date, generator source, and quantity of nonhazardous ash accepted.

(e) The operator shall maintain records of weights or volumes handled in a manner and form approved by the enforcement agency so as to be sufficiently accurate for overall planning and control purposes.

(f) Transfer/processing facility operators shall record the quantity of nonhazardous ash leaving the operations.

(g) The disposal/monofill facility operator shall also record the name of all transfer/processing operations where the nonhazardous ash was located prior to receipt by the operator and the dates the nonhazardous ash was received at each of these operations and removed.

Note:

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


Section 17379.1. Nonhazardous Ash Operation and Facility Restoration.

All nonhazardous ash transfer/processing operations and disposal/monofill facilities shall meet the following requirements:

(a) The operator shall provide the enforcement agency 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 operation and termination of service:

(1) the operation or disposal/monofill facility grounds, excluding the disposal area, shall be cleaned of all nonhazardous ash, construction scraps, and other materials related to the operation or disposal/monofill facility, and these materials legally recycled, reused, or disposed of;

(2) all machinery shall be cleaned of nonhazardous ash prior to removal from the facility;

(3) all remaining structures shall be cleaned of nonhazardous ash.

Note:

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

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