1. (a) A green material composting operation may have no more than 12,500 cubic yards of feedstock, chipped and ground material, amendments, additives, active compost, and stabilized compost on-site at any one time. Green material composting 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) and with the applicable requirements specified in this Chapter.

   1. (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 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.]

   2. (2) To allow for seasonal variations in the rate at which stabilized compost is utilized by agricultural users and other consumers, the operator may request in writing that the stabilized compost be temporarily excluded from the calculation of the 12,500 cubic yard maximum material allowed on-site (“seasonal storage adjustment”). At the EA's discretion, the seasonal storage adjustment for stabilized compost may be extended to the storage time and storage volume specified in the land use entitlement for the site if the EA finds, on the basis of substantial evidence, that the adjustment does not increase the potential harm to public health and safety, and the environment. The EA shall respond in writing to the operator's request within 30 days of receipt. The EA may impose any reasonable conditions on the seasonal storage adjustment. The initial term seasonal storage adjustment may not exceed the storage time specified in the land use entitlement or 30 days, whichever is less. The seasonal storage adjustment may be extended by one or more additional 30-day periods not exceeding the storage time specified in the land use entitlement or a total of 90 days per calendar year, whichever is less.

      1. (A) With its request for a seasonal storage adjustment, the operator shall submit to the LEA a storage plan containing the following:

         1. 1. A description of the storage capacity including the assumptions, methods, and calculations used to determine total storage capacity.
         2. 2. The maximum and average lengths of time the compostable material will be stored.
         3. 3. A schematic drawing showing the general layout of the operation and the location(s) where all materials at the site are stored with specific identification of the proposed location of the excess material.
         4. 4. A description of any additional fire prevention, protection and control measures needed to minimize the risk of fire from the temporary increase in site capacity and to control and extinguish any such fires, which measures shall be approved by the local fire authority.
         5. 5. Where applicable, any revisions to the odor impact minimization plan necessary to address the storage of the additional material or a statement, with supporting information, that no revisions are necessary.

2. (b) If a green material composting operation or facility exceeds any combination of the following requirements three (3) or more times within any two (2) year period, which the EA determines constitutes a violation of this Chapter, the facility no longer qualifies for an EA Notification under this section:

   1. (1) Receipt of material that contains greater than 1.0% physical contaminants by dry weight as specified in section 17852(a)(21);
   2. (2) Failure to comply with the processing requirements set forth in section 17868.5;

   3. (3) Failure to comply with the maximum volume on-site at any one time limit set forth in subdivision (a) above.

      Upon the third such violation, the EA shall notify the operator in writing that the facility no longer qualifies for an EA Notification, and the operator must within 30 days apply for a Compostable Materials Handling Facility Permit pursuant to section 17854. In addition, the EA shall issue a cease and desist order pursuant to section 18304 directing, among other things, that the operator immediately cease accepting material at the site until the operator has demonstrated to the EA that it has corrected the violation and eliminated the cause of the violation. Notwithstanding, the EA may at any time take any additional enforcement action the EA deems appropriate.

3. (c) A site that handles more than 12,500 cubic yards of feedstock, chipped and ground material, amendments, additives, active compost, and stabilized compost on-site at any time is a green material composting facility, excepting green material composting operations which the EA has authorized a seasonal storage adjustment pursuant to subdivision (a)(2) above. Green material composting facilities shall obtain a Compostable Materials Handling Facility Permit pursuant to the requirements of Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3, and 3.1 (commencing with section 21450) prior to commencing operations. Green material composting facilities shall comply with the applicable requirements specified in this Chapter 3.1.

   [Note: See section 17868.5 for green material processing requirements]

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

History

1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).

2. Change without regulatory effect amending subsection (a) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).

3. Amendment filed 11-10-2015; operative 1-1-2016 (Register 2015, No. 46).