(f) Exemptions.
(1) Sand and Gravel Operations: The
requirements of subsections (c), (d), and (e) shall not apply to aggregate
material extracted from a sand and gravel operation. A "sand and gravel
operation" means any aggregate-producing facility operating in alluvial
deposits.
(2) Roads Located at
Quarries or Mines: The requirements of subsection (c) shall not apply to roads
at quarries or mines that are located in a geographic ultramafic rock unit, an
ultramafic rock deposit, or a serpentine deposit, provided that the aggregate
material was obtained on site from the quarry or mine property.
(3) Maintenance Operations on Existing Roads:
The requirements of subsections (c), (d), and (e) shall not apply to
maintenance operations on any existing road surface if no additional restricted
material is applied to the road surface.
(4) Emergency Road Repairs: The APCO may
issue a temporary exemption from the requirements of subsections (c), (d), and
(e) to an applicant who demonstrates that a road repair is necessary due to a
landslide, flood, or other emergency, and that the use of aggregate material
other than restricted material is not feasible for this repair. The APCO shall
specify the time during which such exemption shall be effective; however, no
exemption shall remain in effect longer than 90 days.
(5) Asphalt and Concrete Materials: The
requirements of subsections (c), (d), and (e) shall not apply to restricted
material that is an integral part of the production of asphalt concrete,
portland cement concrete or other similarly cemented materials; or construction
of an asphalt or a portland cement concrete surface as long as all of the
restricted material is incorporated into or completely covered by the asphalt
or portland cement concrete.
(6)
Landfill Operations: The use and application requirements of subsection (c)
shall not apply to landfill operations, except for the surfacing of
public-access roads used by vehicular traffic.
(7) Geologic Evaluation: The APCO may provide
an exemption from subsections (c), (d), and (e) for aggregate material
extracted from within a geographic ultramafic rock unit if a registered
geologist has conducted a geologic evaluation of the property from which the
aggregate material is obtained and determined that serpentine or ultramafic
rock is not likely to be found on the property. Before an exemption can be
granted, the owner/operator must provide a copy of a report detailing the
geologic evaluation to the APCO for his or her consideration.
(A) At a minimum, the geologic evaluation
must include:
1. A general description of the
property and the proposed use;
2. A
detailed site characterization, which may include:
i. A physical site inspection;
ii. Offsite geologic evaluation of adjacent
property;
iii. Evaluation of
existing geological maps and studies of the site and surrounding
area;
iv. Development of geologic
maps of the site and vicinity;
v.
Identification and description of geologic units, rock and soil types, and
features that could be related to the presence of ultramafic rocks, serpentine,
or asbestos mineralization;
vi. A
subsurface investigation to evaluate the nature and extent of geologic
materials in the subsurface where extensive vertical excavation is planned;
methods of subsurface investigation may include, but are not limited to
borings, test pits, trenching, and geophysical surveys;
3. A classification of rock types found must
conform to the nomenclature based on the International Union of Geological
Science system;
4. A description of
the sampling procedures used;
5. A
description of the analytical procedures used, which may include mineralogical
analyses, petrographic analyses, chemical analyses, or analyses for asbestos
content;
6. An archive of collected
rock samples for third party examination; and
7. A geologic evaluation report documenting
observations, methods, data, and findings; the format and content of the report
should follow the Guidelines for Engineering Geologic Reports issued by the
State Board of Registration for Geologists and
Geophysicists.
(B) The
APCO shall respond to a request for an exemption within 90 days of the receipt
of the application.
(C) If the
request for an exemption is denied, the APCO shall provide written reasons for
the denial.
(D) Expiration of the
Geologic Exemption: If the owner/operator discovers any ultramafic rock or
serpentine on the property after the exemption is granted, then:
1. The owner/operator must comply with the
requirements of subsections (c), (d), and (e) immediately following the
discovery; and
2. The
owner/operator must report the discovery of ultramafic rock or serpentine to
the APCO within 24 hours; and
3.
The exemption under subsection (f)(7) shall expire and cease to be
effective.
(8)
Limited Access Surfaces: The APCO may provide an exemption from the
requirements of subsection (c) for the use of restricted material on limited
access surfaces, if the owner/operator can demonstrate that:
(A) No alternative aggregate materials are
reasonably available; and
(B) The
surface is not located in an area zoned or identified in a land use plan for
residential, recreational, or commercial use.
(C) The APCO shall respond to a request for
an exemption within 90 days of the receipt of the application.
(D) If the request for an exemption is
denied, the APCO shall provide written reasons for the denial.
"Limited access surface" means any surface not subject to
vehicular travel or pedestrian access that has an incline of twenty (20)
percent or greater.
(9) Surfacing Applications in Remote
Locations:
(A) The APCO may provide an
exemption from the requirements of subsection (c) if the owner/operator can
demonstrate that:
1. The surface is located in
a remote location (as defined in subsection (i)(19)); and
2. No alternative aggregate materials are
reasonably available; and
3. All
aggregate material used for surfacing has been tested according to an approved
asbestos bulk test method and determined to have an asbestos content of one
(1.0) percent or less; except that the APCO may allow the use of restricted
material with an asbestos content up to five (5.0) percent if the
owner/operator can demonstrate that restricted material with an asbestos
content of one (1.0) percent or less is not reasonably
available.
(B) Before
providing this exemption, the APCO shall:
1.
Consider the following information: county land use plans, the current use of
the surrounding land, and the current and anticipated zoning
designations;
2. Provide public
notice and solicit comments for a 30-day period;
3. Require that any surface exempted pursuant
to this subsection be posted with a permanent sign alerting the public to
potential asbestos exposures; and
4. Require that any exemption shall be valid
for no longer than three years; but if the owner/operator cannot demonstrate
that all the criteria listed in subdivision (f)(9)(A) are met at the time of
reapplication, the exemption shall not be renewed.
(C) The APCO may grant an exemption when the
distance from the road or other surface to the nearest receptor is less than
one mile if ALL of the following criteria are met:
1. The criteria listed above in subsections
(f)(9)(A)2. and 3., and subsection (f)(9)(B) must be met:
2. Any receptor located within one mile from
the road or other surface must NOT be any of the following:
i. A permanent resident (i.e., a person that
resides at the receptor point for six months or more in a year), or
ii. A permanent business (i.e., business that
operates at the receptor point for six months or more in a year), or
iii. A school or daycare
center;
3. The road or
other surface must be located on private property;
4. The entrance points to the road or other
surface from any public thoroughfare must be gated and posted with a sign as
required in subsection (f)(9)(B)3.;
5. The applicant for the exemption must
provide to the APCO an estimate of the average traffic volume on the road or
other surface and the methodology used to make the estimate; and
6. Whenever the traffic volume exceeds or is
anticipated to exceed 20 vehicle passes per day, the owner/operator must;
i. Treat the road or other surface with a
dust control method that is at least 70 percent effective; and
ii. Maintain records of the application and
type of the dust control method for a minimum period of seven years;
and
iii. Provide the records of the
applications of the dust control method to the APCO upon
request.
(D)
The APCO shall respond to any application for an exemption within 90 days of
the receipt of the application.
(E)
If the request for an exemption is denied, the APCO shall provide written
reasons for the denial.
(10) Roads Located at Construction Sites: The
requirements of subsections (c), (d), and (e) shall not apply to restricted
material used for the construction of temporary road surfaces located at
on-going construction sites where vehicle traffic is limited to construction
personnel and equipment. This exemption does not apply to the use of restricted
material for temporary roads for public use.
(11) Riprap: The requirements of subsection
(c) (d), and (e) shall not apply to restricted material used for riprap.
"Riprap" means the material used to construct a loose assemblage of stones
along a water course or shoreline to prevent erosion or provide
stability.
(i) Definitions. For the purposes of this
section, the following definitions shall apply:
(1) "Aggregate" means a mixture of mineral
fragments, sand, gravel, cobbles, rocks, stones, or similar minerals that may
or may not be crushed or screened. "Aggregate" does not include elemental
metals, gemstones, petroleum products, organic materials, or mineral ore to be
processed offsite of the property from which it was extracted.
(2) "Alluvial deposit" means any deposit of
sediments laid down by running water including, but not limited to, streams and
rivers.
(3) "APCO" means the
executive officer, air pollution control officer; or the designee of the
executive officer or air pollution control officer of any air pollution control
or air quality management district created or continued in existence pursuant
to Part 3 (commencing with section
40000), Division 26, Health and
Safety Code;
(4) "Approved asbestos
bulk test method" means ARB Test Method 435 or an alternative asbestos bulk
test method approved in writing by the Executive Officer of the Air Resources
Board.
(5) "ARB" means the
California Air Resources Board.
(6)
"ARB Test Method 435" means the test method specified in title 17, California
Code of Regulations, section
94147.
(7) "Asbestos" means asbestiforms of the
following minerals: chrysotile (fibrous serpentine), crocidolite (fibrous
riebeckite), amosite (fibrous cummingtonite--grunerite), fibrous tremolite,
fibrous actinolite, and fibrous anthophyllite.
(8) "Decoration/landscaping" means the
application or use of aggregate materials for aesthetic purposes.
(9) "Geographic ultramafic rock unit" means a
geographic area that is designated as an ultramafic rock unit or ultrabasic
rock unit, including the unit boundary line, on any of the maps referenced in
Appendix A.
(10) "Geologic
evaluation" means an evaluation of a property, as specified in subsection
(f)(7), to determine the presence of various rock types, including ultramafic
rock, serpentinite, or other metamorphic derivatives of ultramafic
rock.
(11) "Limited access surface"
means any surface not subject to vehicular travel or pedestrian access that has
an incline greater than twenty (20) percent.
(12) "Non-surfacing applications" means any
application of aggregate material that will not remain a part of the uppermost
layer, such as fill, base rock, or drain rock.
(13) "Owner/operator" or "person" includes,
but is not limited to:
(A) An individual,
trust, firm, joint stock company, business concern, partnership, limited
liability company, association, or corporation including, but not limited to, a
government corporation;
(B) Any
city, county, district, commission, the state or any department, agency, or
political subdivision thereof, any interstate body, and the federal government
or any department or agency thereof to the extent permitted by law;
or
(C) A project proponent and any
of its contractors or subcontractors.
(14) "Producer" means any person that
extracts and processes aggregate material from the ground.
(15) "Property" means any real property
including, but not limited to, any contiguous parcel or parcels of land and
anything attached to, or erected on it.
(16) "Quarry" means a facility or operation
that obtains stone from the earth by means of cutting, digging, excavating, or
blasting.
(17) "Receipt" means any
written acknowledgement that a specified amount of restricted material was
received, delivered, or purchased. Receipts include, but are not limited to,
bills of sale, bills of lading, and notices of transfer.
(18) "Registered geologist" means an
individual that is currently licensed as a geologist with the State of
California, Department of Consumer Affairs, Board of Geology and
Geophysicists.
(19) "Remote
location" means any location that is at least one (1.0) mile from the location
of a receptor. "Receptor" includes, but is not limited to, any hospital,
school, day care center, work site, business, residence, and permanent
campground. The distance to the nearest receptor is to be measured from the
outermost limit of the area to be disturbed or road surface, whichever is
closer.
(20) "Restricted material"
means any of the following:
(A) Aggregate
material extracted from property where any portion of the property is located
in a geographic ultramafic rock unit (as defined in subsection (i)(9));
and
(B) Aggregate material
extracted from property that is NOT located in a geographic ultramafic rock
unit (as defined in subsection (i)(9)) if the material has been:
1. Evaluated at the request of the Air
Pollution Control Officer (APCO) and determined to be ultramafic rock or
serpentine;
2. Tested at the
request of the APCO and determined to have an asbestos content of 0.25 percent
or greater; or
3. Determined by the
owner/operator of a facility to be ultramafic rock, serpentine, or aggregate
material that has an asbestos content of 0.25 percent or
greater.
(C) Any mixture
of aggregate material that contains ten percent (10%) or more of any of the
materials listed above in subsections (i)(20)(A) or (i)(20)(B), or any
combination thereof, shall also be considered "restricted
material."
(21) "Riprap"
means material used to construct a loose assemblage of stones along a water
course or shoreline to prevent erosion or provide stability.
(22) "Road surface" means the traveled way of
a road and any shoulder which extends up to ten (10) feet from the edge of the
traveled way.
(23) "Sand and gravel
operation" means any aggregate-producing facility operating in alluvial
deposits.
(24) "Serpentine" means
any form of the following hydrous magnesium silicate minerals: antigorite,
lizardite, and chrysotile.
(25)
"Serpentinite" means a rock consisting almost entirely of serpentine, although
small amounts of other minerals such as magnetite, chromite, talc, brucite, and
tremolite-actinolite may also be present. "Serpentinite" is a metamorphic
derivative of the ultramafic rocks, peridotite, pyroxenite, or
dunite.
(26) "Surfacing" means the
act of providing or creating a temporary or permanent covering for a surface
used for pedestrians, motor vehicles, non-motor vehicles, decoration,
landscaping, soil stabilization, or erosion control. Examples of surfaces
include, but are not limited to, roads, road shoulders, streets, access roads,
alleys, lanes, driveways, parking lots, playgrounds, trails, squares, plazas,
and fairgrounds. For the purposes of this section, "surfacing" does not include
creating a covering composed of asphalt concrete or portland cement
concrete.
(27) "Ultrabasic rock"
means ultramafic rock.
(28)
"Ultramafic rock" means an igneous rock composed of 90 percent or greater of
one or a combination of the following iron/magnesium-rich, dark-colored
silicate minerals: olivine, pyroxene, or more rarely amphibole. For the
purposes of this section, "ultramafic rock" includes the following rock types:
dunite, pyroxenite, and peridotite; and their metamorphic
derivatives.
Appendix A
California Department of Conservation Division of
Mines and Geology
AVAILABLE GEOLOGIC MAPS FOR CALIFORNIA
GEOLOGIC ATLASES OF CALIFORNIA Scale
1:250,000
GEOLOGIC ATLAS OF CALIFORNIA: ALTURAS
Compiled by Gay, T.E. and others, 1958
GEOLOGIC ATLAS OF CALIFORNIA: BAKERSFIELD
Compiled by Smith, A.R., 1964 (reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: DEATH VALLEY
Compiled by Streitz, R.L. and Stinson, M.C., 1974
(reprinted 1991)
GEOLOGIC ATLAS OF CALIFORNIA: FRESNO
Compiled by Matthews, R.A. and Burnett, J.L, 1965
(reprinted 1991)
GEOLOGIC ATLAS OF CALIFORNIA: LONG BEACH
Compiled by Jennings, C.W., 1962 (reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: LOS ANGELES
Compiled by Jennings, C.W. and Strand, R.G., 1969
(reprinted 1991)
GEOLOGIC ATLAS OF CALIFORNIA: MARIPOSA
Compiled by Strand, R.G., 1967 (reprinted 1991)
GEOLOGIC ATLAS OF CALIFORNIA: NEEDLES
Compiled by Bishop, C.C., 1963 (reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: REDDING
Compiled by Strand, R.G., 1962
GEOLOGIC ATLAS OF CALIFORNIA: SALTON SEA
Compiled by Jennings, C.W., 1967 (reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: SAN LUIS OBISPO
Compiled by Jennings, C.W., 1958 (reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: SAN DIEGO - EL CENTRO
Compiled by Strand, R.G., 1962 (reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: SANTA ANA
Compiled by Rogers, T.H., (reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: SANTA CRUZ
Compiled by Jennings, C.W. and Strand, R.G., 1958
(reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: SANTA MARIA
Compiled by Jennings, C.W., 1959 (reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: UKIAH
Compiled by Jennings, C.W. and Strand, R.G., 1960
(reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: WALKER LAKE
Compiled by Koenig, J.B., 1963 (reprinted 1992)
REGIONAL GEOLOGIC MAP SERIES Scale
1:250,000
GEOLOGIC MAP OF THE SACRAMENTO QUADRANGLE
(set of four sheets)
Compiled by Wagner, D.L. and others, 1981
GEOLOGIC MAP OF THE SANTA ROSA QUADRANGLE
(set of five sheets)
Compiled by Wagner and D.L., Bortugno, E.J. (reprinted
1999)
GEOLOGIC MAP OF THE SAN BERNARDINO QUADRANGLE
(set of five sheets)
Compiled by Bortugno, E.J., and Spittler, T.E. (reprinted
1998)
GEOLOGIC MAP OF THE WEED QUADRANGLE
(set of four sheets)
By Wagner, D.L. and Saucedo, G.J., 1987
GEOLOGIC MAP OF THE SAN FRANCISCO-SAN JOSE
QUADRANGLE
(set of five sheets)
By Wagner, D.L., Bortugno, E.J. and McJunkin, R.D., 1990
Color-coded faults
LOCAL GEOLOGIC MAPS
AREAS MORE LIKELY TO CONTAIN NATURALLY-OCCURRING ASBESTOS
IN WESTERN EL DORADO COUNTY, CALIFORNIA
By Ron Churchill, March 2000
Scale 1:100,000
SERPINTINITE SURVEY OF LAKE COUNTY, CALIFORNIA - MAP A,
ULTRAMAFIC, ULTRABASIC, AND SERPENTINE ROCK AND SOILS OF LAKE COUNTY,
Adopted: March 2, 1992
Scale: 1:100,000