(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)
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) 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.
(A) With its request for a seasonal storage
adjustment, the operator shall submit to the LEA a storage plan containing the
following:
1. A description of the storage
capacity including the assumptions, methods, and calculations used to determine
total storage capacity.
2. The
maximum and average lengths of time the compostable material will be
stored.
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.
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. 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.
(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) Receipt
of material that contains greater than 1.0% physical contaminants by dry weight
as specified in section
17852(a)(21);
(2) Failure to comply with the processing
requirements set forth in section
17868.5;
(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.
(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]
