Cal. Code Regs. Tit. 14, § 17856 - Agricultural Material Composting Operations

(a) Agricultural material composting operations shall comply with the Enforcement Agency 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 requirements of this Chapter.

(b) Agricultural material composting operations are subject to the requirements of sections 17863.4 and 17863.4.1 only if the EA determines that the operation has caused odor impacts in violation of section 17867(a)(2) and has notified the operator in writing of the violation.

(c) If their feedstock is limited to agricultural material, agricultural material composting operations may handle an unlimited quantity of agricultural material on the site and may sell or give away any or all compost they produce. These operations shall be inspected by the EA at least once each calendar year at a time when compostable material on the site is active compost.

(d) Agricultural material composting operations whose feedstock is both green material and agricultural material are subject to the following requirements:

(1) Producers located on Agricultural Land:

(A) Operations located on land that is zoned for agricultural uses that sell or give away less than 1,000 cubic yards of compost per year may handle an unlimited amount of agricultural material and green material on the site; provided, however, the EA may limit the amount of green material feedstock on-site to 12,500 cubic yards upon making a written finding that handling the excess material may pose a risk to public health and safety or the environment.

(B) The EA shall inspect operations authorized under this subdivision (d)(1) at least once each calendar year at a time when compostable material on the site is active compost.

(2) Other Producers:

(A) Operations located on land that is not zoned for agricultural uses and operations that sell or give away 1,000 cubic yards or more of compost per year may handle an unlimited amount of agricultural material, but may not stockpile more than 12,500 cubic yards of green material feedstock on the site at any time.

(B) The EA shall inspect operations authorized under this subdivision (d)(2) 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. At least one of the required inspections each year shall occur at a time when compostable material on the site is active compost.

Notes

Cal. Code Regs. Tit. 14, § 17856

1. New article 2 and section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer and new section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
3. Amendment of subsection (c) filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (c) refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-7-97 order transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
6. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
7. Change without regulatory effect amending subsections (a), (c) and (c)(1) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
8. Amendment filed 11-10-2015; operative 1-1-2016 (Register 2015, No. 46).

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

1. New article 2 and section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer and new section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
3. Amendment of subsection (c) filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (c) refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-7-97 order transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
6. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
7. Change without regulatory effect amending subsections (a), (c) and (c)(1) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
8. Amendment filed 11-10-2015; operative 1/1/2016 (Register 2015, No. 46).