1. (a) A land application activity that receives greater than 4,040 cubic yards of compostable material or digestate during a 12-month period 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 the applicable requirements specified in this Chapter.
2. (b) Prior to receipt of the material, the landowner shall provide to the EA evidence that the material is in compliance with conditions described in section 17852(a)(24.5)(A).
3. (c) The material shall be land applied or removed from the site within 48 hours of receipt or at an alternative timeline as approved by the EA provided that the alternative timeline does not pose a risk to public health and safety and the environment or does not cause a nuisance.

4. (d) The landowner shall maintain, and provide to the EA upon request, a record of the following:

   1. (1) Date material was received.
   2. (2) Date material was applied to the land.
   3. (3) Date the material was incorporated into the soil, or date the EA authorized an alternative.
   4. (4) Business name and address of who produced the material.
   5. (5) Volume of material received in cubic yards.
   6. (6) Evidence of compliance with conditions described in section 17852(a)(24.5)(A).
5. (e) The landowner shall not mix compostable material or digestate with non-organic materials on-site for use as land application.
6. (f) The EA shall inspect a land application activity within 90 days of receipt of the evidence required by subdivision (b). The EA may perform additional inspections to ensure compliance with this section and to protect public health and safety and the environment.
7. (g) A land application activity is not subject to Articles 3 through 9 of this Chapter.

Note: Authority cited: Sections 40502, 43020, 43021 and 44000.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 44000.5, Public Resources Code.

History

1. New section filed 2-14-2025 as an emergency; operative 2-14-2025 (Register 2025, No. 7). A Certificate of Compliance must be transmitted to OAL by 8-13-2025 or emergency language will be repealed by operation of law on the following day.

2. New section, including amendment of subsection (b), refiled 8-11-2025 as an emergency; operative 8-14-2025 (Register 2025, No. 33). A Certificate of Compliance must be transmitted to OAL by 11-12-2025 or emergency language will be repealed by operation of law on the following day.

3. New section, including amendment of subsection (b), refiled 11-10-2025 as an emergency; operative 11-13-2025 (Register 2025, No. 46). A Certificate of Compliance must be transmitted to OAL by 2-11-2026 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 11-10-2025 order transmitted to OAL 1-20-2026 and filed 3-4-2026 (Register 2026, No. 10).