Chapter 3. Minimum Standards for Solid Waste Handling and Disposal
Article 5.9. Construction and Demolition and Inert Debris Transfer/Processing Regulatory Requirements
Section 17380. Authority and Scope.
(b) This Article is not applicable to operations and facilities that are wholly governed by regulations elsewhere in this Chapter. Operations and facilities that receive, store, handle, transfer, or process construction and demolition debris or inert debris that is commingled with solid waste that does not meet the definition of C&D debris or inert debris shall be regulated as transfer/processing operations and facilities pursuant to Articles 6.0 through 6.5, inclusive, of this Chapter.
(c) 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 (PRC), as amended. These regulations should be read together with the Act.
(d) Nothing in this Article 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 to limit or restrict local governments from promulgating laws which are as strict as or stricter than the regulations contained in this Article. However, no local government may promulgate laws which are inconsistent with the provisions of this Article.
(e) No provision in this Article shall be construed as relieving any owner, or operator from obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, reports, or other requirements of the other regulatory or enforcement agencies, including, but not limited to, local health agencies, Regional Water Quality Control Boards, Department of Toxic Substances Control, air quality management districts or air pollution control districts, local land use authorities, and fire authorities.
(f) No provision of this Article is intended to affect the rights or duties of any party to, or in any way influence the interpretation of, any franchise agreement between a local government and its franchisee, any other agreement among any parties, or any local ordinance with respect to any aspect of solid waste handling, including without limitation solid waste collection, transportation, processing, and storage, and solid waste disposal.
(g) This Article does not apply to persons who generate C&D debris or inert debris in the course of carrying out construction, remodeling, repair, demolition or deconstruction of buildings, roads and other structures (collectively, "construction work") at the site of the construction work or to persons who own the land, buildings or other structures that are the object of the construction work, provided that such persons do not accept at the site any C&D debris or inert debris that is generated at any other location, unless it will be used in the construction work, and provided further that such persons do not allow C&D debris or inert debris, other than C&D debris or inert debris that is used in the construction work, to remain on the site of the construction work after the construction work is completed. For example, public works agencies constructing roads and bridges, road repair, airport runway construction, bridge and roadway work, levee work, flood control work, or landslide debris cleanup, and public and private contractors demolishing or constructing buildings are not subject to these regulations during the course of the construction work.
Section 17380.1. Purpose.
(b) These regulations are intended to provide a sufficient level of information and oversight to ensure that the receipt, storage, handling, transfer, and processing of C&D debris and inert debris will be conducted in a manner which meets the purposes of the Act while protecting public health, safety and the environment.
Section 17381. Definitions.
(a) "Active Compost" as set forth in CCR, Title 14, Division 7, Chapter 3.1, Article 1, section 17852.
(b) "C&D" means Construction and Demolition debris.
(c) "CDI" means any combination of Construction and Demolition debris and Inert debris.
(d) "Compostable Material" means any organic material that when accumulated may become active compost.
(e) "Construction and Demolition Debris", or "C&D Debris" is solid waste that is a portion of the waste stream defined as "construction and demolition wastes," as defined in Section 17225.15 of Article 4 of this Chapter, and means source separated or separated for reuse solid waste and recyclable materials, including commingled and separated materials, that result from construction work, that are not hazardous, as defined in CCR, Title 22, section 66261.3 et seq., and that contain no more than 1% purtrescible wastes by volume calculated on a monthly basis and the putrescible wastes do not constitute a nuisance, as determined by the EA.
(f) "Construction and Demolition Wood Mulch" or "Wood Mulch" means source separated wood waste that is not compostable material (C&D mulch feedstock), including that portion of C&D debris that is lumber or wood, which has been mechanically reduced in size. C&D mulch feedstock does not include food material, animal material, biosolids, mixed solid waste, chromated copper arsenate (CCA) pressure treated wood, wood containing lead-based paint, or mixed C&D debris.
(g) "Construction Work" means construction, remodeling, repair, demolition or deconstruction of buildings, other structures, roads, parking lots, and similar paved or covered surfaces.
(h) "Emergency Construction and Demolition/Inert Debris Processing Operation" means a site that is established due to a proclamation of a state of emergency or local emergency as provided in CCR, Title 14, Division 7, Chapter 3.0, Article 3, sections 17210.1(i) and (k).
(i) "Fully Cured Asphalt" means that the material must be at ambient temperature, be substantially hardened and be inelastic.
(j) "Handling" means the receipt, collection, transportation, storage, transfer, or processing of solid waste and recyclable materials.
(k) "Inert Debris" means solid waste and recyclable materials that are source separated or separated for reuse, do not contain hazardous waste (as defined in CCR, Title 22, section 66261.3 et seq.) or soluble pollutants at concentrations in excess of applicable water quality objectives and do not contain significant quantities of decomposable waste. Inert debris may not contain more than 1% putrescible wastes by volume calculated on a monthly basis and the putrescible wastes shall not constitute a nuisance, as determined by the EA. Gravel, rock, soil, sand and similar materials, whether processed or not, that have never been used in connection with any structure, development, or other human purpose are not inert debris and may commingled with inert debris.
(l) "Inert Debris Engineered Fill Operation" means a disposal activity exceeding one year in duration in which fully cured asphalt, uncontaminated concrete (including steel reinforcing rods embedded in the concrete), brick, ceramics, clay and clay products, which may be mixed with rock and soil, are spread on land in lifts and compacted under controlled conditions to achieve a uniform and dense mass which is capable of supporting structural loading as necessary, and having other characteristics appropriate for an end use approved by all governmental agencies having jurisdiction (e.g., roads, building sites, or other improvements) where an engineered fill is required to facilitate productive use of the land. The engineered fill shall be constructed and compacted in accordance with all applicable laws and ordinances and shall be certified by a Civil Engineer, Certified Engineering Geologist, or similar professional licensed by the State of California.
(m) "Inert Debris Processing Facility" means a site that receives 1500 tons or more per operating day of any combination of Type A and Type B inert debris, or any amount of Type B inert debris, for storage, handling, transfer, or processing.
(n) "Inert Debris Type A Disposal Facility" means a site where only Type A inert debris is disposed to land. Inert debris Type A disposal facilities do not include inert debris engineered fill operations.
(o) "Inert Debris Type A Processing Operation" means a site that receives less than 1500 tons per operating day of only Type A inert debris for storage, handling, transfer, or processing.
(p) "Large Volume C&D Wood Debris Chipping and Grinding Facility" means a site that receives 500 tons per operating day or more of C&D mulch feedstock for purposes of processing it into C&D mulch.
(q) "Large Volume Construction and Demolition/Inert (CDI) Debris Processing Facility" means a site that receives 175 tons or more of any combination of C&D debris and Type A inert debris per operating day for the purposes of storage, handling, transfer, or processing.
(r) "Material Production Facility" means a facility that primarily handles raw materials to produce a new product that is a rock product operation (i.e., an "aggregate" operation), a hot mix asphalt plant, or a concrete, concrete product or a Portland cement product manufacturing facility.
(s) "Medium Volume C&D Wood Debris Chipping and Grinding Facility" means a site that receives at least 200 tons per operating day and less than 500 tons per operating day of C&D mulch feedstock for purposes of processing it into C&D mulch.
(t) "Medium Volume Construction and Demolition/Inert (CDI) Debris Processing Facility" means a site that receives at least 25 tons per operating day and less than 175 tons per operating day of any combination of C&D debris and Type A inert debris for the purposes of storage, handling, transfer, or processing.
(u) "Physical Contaminants" means human-made inert products contained within feedstocks, including, but not limited to, glass, metal, and plastic.
(v) "Processing" means controlled separation, recovery, volume reduction, or recycling of solid waste including, but not limited to, organized, manual, automated, or mechanical sorting; chipping, grinding, shredding or baling; the use of vehicles for spreading of waste for the purpose of recovery; and the use of conveyor belts, sorting lines or volume reduction equipment.
(w) "Putrescible Wastes" means solid 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.
(x) "Residual" means the solid waste destined for disposal, further transfer/processing as defined in section 17402(a)(30) or (31) of Article 6.0, or transformation which remains after processing has taken place and is calculated in percent as the weight of residual divided by the total incoming weight of materials. Notwithstanding, for the purposes of this Article, "residual" excludes any inert debris that is destined for or disposed in an inert debris engineered fill operation. Further notwithstanding, for purposes of this Article, "further transfer/processing" does not include processing that occurs at a CDI recycling center or an inert debris recycling center, as described in Section 17381.1(a) of this Article, or at a recycling center as defined at Section 17402.5(d) of Article 6.0 of this Chapter.
(y) "Separated for Reuse" means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes materials that have been "source separated".
(z) "Site" means the area where the handling of solid waste and/or recyclable materials occurs at a recycling center, CDI debris processing operation or facility, inert debris processing operation or facility, or C&D wood debris chipping and grinding operation or facility.
(aa) "Site Restoration" means removing unprocessed or processed solid waste and recyclable material from the site to allow reuse of the property.
(bb) "Small Volume C&D Wood Debris Chipping and Grinding Operation" means a site that receives less than 200 tons per operating day of C&D mulch feedstock for purposes of processing it into C&D mulch.
(cc) "Small Volume Construction and Demolition/Inert (CDI) Debris Processing Operation" means a site that receives less than 25 tons of any combination of C&D debris and Type A inert debris per operating day for the purposes of storage, handling, transfer, or processing.
(dd) "Source Separated" means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
(ee) "Storage" means the holding or stockpiling of processed or unprocessed C&D debris, C&D mulch, inert debris or recyclable materials for a temporary period, at the end of which the material either is recycled or is transferred elsewhere. Storage of C&D debris, C&D mulch, inert debris or recyclable materials for periods exceeding the limits set in this Article is deemed to be disposal and shall be regulated as set forth in the Consolidated Regulations for Treatment, Storage, Processing or Disposal of Solid Waste (commencing at CCR, Title 27, Division 1, Subdivision 1, Chapter 1, Article 1, section 20005).
(ff) "Vector" includes any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease.
Section 17381.1. Activities That Are Not Subject to the
Construction and Demolition/Inert Debris Regulatory Requirements.
(b) CDI recycling centers and inert debris recycling shall meet the following requirements:
(c) Chipping and grinding of any material, or the receipt of chipped and ground material, is prohibited at CDI recycling centers.
(d) The following storage time limits apply to CDI recycling centers:
(e) The following storage limits apply to inert debris recycling centers:
(f) Nothing in this section precludes the EA or the Department from inspecting a site to verify that it is and has been operating in a manner that meets the requirements of this section, or from taking any appropriate enforcement action, including the use of a Notice and Order as provided in section 18304.
(g) In evaluating whether or not a particular site is in compliance with this section, the EA shall, among other things, do the following:
(h) Sites which do not meet the applicable requirements of this section do not qualify as recycling centers and shall comply with this Article and all laws and regulations applicable to them. The burden of proof shall be on the owner and operator of a site to demonstrate that the activities at the site are not subject to the requirements of this Article.
Legal Office: Dona.Sturgess@calrecycle.ca.gov (916) 341-6066