1. (a) The compostable material and/or digestate does 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), as specified in section 17868.3.1, at the time of land application;
2. (b) The compostable material and/or digestate meets the maximum metal concentrations, as specified in section 17868.2, at the time of land application;

3. (c) The compostable material and/or digestate meets the pathogen density limits, as specified in section 17868.3(b)(1), at the time of land application; and

   1. 1. On a parcel of land not zoned only for agricultural uses, the compostable material and/or digestate is not applied more frequently than once during a 12 month period, and, at the time of the land application, the compostable material and/or digestate shall not exceed 6 inches in total, accumulated depth on the land surface. No additional material can be delivered to the site until the previous application has been incorporated into the soil, unless otherwise approved by the EA. Any material delivered to the site that is not incorporated into the soil within thirty (30) days shall be deemed disposed. The EA, in consultation with the Regional Water Quality Control Board, may approve alternative application frequencies and depths, if the EA after such consultation determines that the alternatives will not adversely affect public health and safety or the environment.
   2. 2. On a parcel of land zoned only for agricultural uses, the compostable material and/or digestate is not applied more frequently than three times during a 12 month period, and, at the time of the land application, the compostable material and/or digestate shall not exceed 6 inches in total, accumulated depth on the land surface. No additional material can be delivered to the site until the previous application has been incorporated into the soil, unless otherwise approved by the EA. Any material delivered to the site that is not incorporated into the soil within thirty (30) days shall be deemed disposed. The EA, in consultation with the California Department of Food and Agriculture to determine if the land application is agronomically beneficial and with the Regional Water Quality Control Board regarding water quality, may approve alternative frequencies and depths, if the EA after such consultation determines that the alternative will not adversely affect public health and safety or the environment. The Department shall coordinate all EA requests for consultation with the California Department of Food and Agriculture.

   (d)

4. (e) Verification of compliance with this subdivision must be provided to the EA as described in section 17862.3 and as upon request.

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 3-4-2026; operative 3-4-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 10).