Section 17403.1 - Excluded Operations(a) The following operations do not constitute transfer operations or facilities for the purposes of these Articles and are not required to meet the requirements set forth herein: (1) Locations where 15 cubic yards or less of combined container volume is provided to serve as multi-residence receptacles for residential refuse and are located at the place of generation; or(2) Locations where 15 cubic yards or less of combined container volume of separated for reuse material is handled for recycling; or(3) Storage receptacles at the place of generation for waste from multi-residential buildings or for commercial solid wastes at the place of generation; or(4) Containers used to store construction or demolition wastes at the place of generation; or(5) Containers used to store salvaged materials; or(6) Waste Hauling Yard Operations; or(7) Storage and handling of any of the following wastes:(8) A Publicly Owned Treatment Works Treatment Plant (POTW Treatment Plant), as defined in section 403.3(r) of Title 40 of the Code of Federal Regulations, that receives vehicle-transported solid waste that is an anaerobically digestible material for the purpose of anaerobic co-digestion with POTW Treatment Plant wastewater, in accordance with Section 17896.6(a)(1). (A) Municipal solid waste removed from seagoing vessels that is quarantined in accordance with 7 Code of Federal Regulations section 330.400 and 9 Code of Federal Regulations section 94.5;(B) Controlled substances confiscated by law enforcement agencies, including, but not limited to seized narcotics and other contraband;(C) Agricultural wastes with possible pest contamination;(D) Dead animals with possible infectious diseases;(E) U.S. Currency which must be destroyed; or(F) Confidential records destruction, including microfiche, and microfilm;(G) As determined by the EA, other discrete waste streams that are already subject to stricter handling requirements under Federal or State law.(b) Nothing in this section precludes the EA from inspecting an excluded operation to verify that the operation is being conducted in a manner that qualifies it as an excluded operation or from taking any appropriate enforcement action. The burden of proof shall be on the owner or operator to demonstrate that the operations are excluded pursuant to this section.Cal. Code Regs. Tit. 14, § 17403.1
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and NOTE filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
3. New subsection (a)(8) 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 40053, 43020 and 43021, Public Resources Code.
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d)(Register 99, No. 11).
3. New subsection (a)(8) filed 11-10-2015; operative 1/1/2016 (Register 2015, No. 46).