Section 17852 - Definitions(a) For the purposes of this Chapter: (1) "Active Compost" means compost feedstock that is in the process of being rapidly decomposed and is unstable. Active compost is generating temperatures of at least 50 degrees Celsius (122 degrees Fahrenheit) during decomposition; or is releasing carbon dioxide at a rate of at least 15 milligrams per gram of compost per day, or the equivalent of oxygen uptake.(2) "Additives" means material mixed with feedstock or active compost in order to adjust the moisture level, carbon to nitrogen ratio, or porosity to create a favorable condition. Additives include, but are not limited to, fertilizers and urea. Additives do not include septage, biosolids, or compost feedstock.(3) "Aerated Static Pile" means a composting process that uses an air distribution system to either blow or draw air through the pile. Little or no pile agitation or turning is performed.(4) "Aerobic Decomposition" means the biological decomposition of organic substances in the presence of oxygen.(4.5) "Agricultural By-Product Material" means post-harvest agricultural by-products separated at a processing facility.(A) Agricultural By-product Material includes, but is not limited to, solid or semi-solid materials from fruit, nut, cotton, and vegetable processing facilities such as stems, leaves, seeds, nut hulls and shells, peels, and off-grade, over-ripe, or under-ripe produce.(B) Agricultural By-product Material does not contain packaging material, physical contaminants, or hazardous materials, and does not include wastewater, sludges, or additives.(5) "Agricultural Material" means waste material of plant or animal origin, which results directly from the conduct of agriculture, animal husbandry, horticulture, aquaculture, silviculture, vermiculture, viticulture and similar activities undertaken for the production of food or fiber for human or animal consumption or use, which is separated at the point of generation, and which contains no other solid waste. With the exception of grape pomace or material generated during nut or grain hulling, shelling, and processing, agricultural material has not been processed except at its point of generation and has not been processed in a way that alters its essential character as a waste resulting from the production of food or fiber for human or animal consumption or use. Material that is defined in this section 17852 as "food material" or "vegetative food material" is not agricultural material. Agricultural material includes, but is not limited to, manures, orchard and vineyard prunings, grape pomace, and crop residues.(6) "Agricultural Material Composting Operation" means an operation that produces compost from green or agricultural material additives, and/or amendments.(7) "Amendments" means materials added to stabilized or cured compost to provide attributes for certain compost products, such as product bulk, product nutrient value, product pH, and soils blend. Amendments do not include septage, biosolids, or compost feedstock.(8) "Anaerobic Decomposition" means the biological decomposition of organic substances in the absence of oxygen.(9) "Biosolids" means solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Biosolids includes, but is not limited to, treated domestic septage and scum or solids removed in primary, secondary, or advanced wastewater treatment processes. Biosolids includes the residue solids resulting from the co-digestion of anaerobically digestible material with sewage sludge. Biosolids does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during the preliminary treatment of domestic sewage in a treatment works.(10) "Chipping and Grinding Operations and Facilities" means an operation or facility, that does not produce compost that mechanically reduces the size or otherwise engages in the handling, of compostable material and:(A) The site does the following:1. The site handles only material, excluding manure, allowed at a green material composting operation or facility as set forth in section 17852(a)(22); and,2. Each load of green material is removed from the site within 48 hours of receipt. The EA may allow a site to keep green material on-site for up to 7 days if the EA determines that the additional time does not increase the potential for violations of this Chapter.(B) If the site fails to meet the definition of green material because it exceeds the contamination limits in section 17852(a)(21), the site shall be regulated as set forth in the Transfer/Processing Regulatory requirements (commencing at section 17400).(C) If the site fails to meet the definition of this section because the green material remains on-site for a longer period of time than is allowed, then the site shall be regulated as a compostable material handling operation or facility, as set forth in this Chapter.(11) "Compostable Material" means any organic material that when accumulated will become active compost as defined in section 17852(a)(1).(12) "Compostable Materials Handling Operation" or "Facility" means an operation or facility that processes, transfers, or stores compostable material. Handling of compostable materials results in controlled biological decomposition. Handling includes composting, screening, chipping and grinding, and storage activities related to the production of compost, compost feedstocks, and chipped and ground materials. "Compostable Materials Handling Operation or Facility" does not include activities excluded from regulation in section 17855. "Compostable Materials Handling Operation or Facility" also includes: (A) agricultural material composting operations;(B) green material composting operations and facilities;(C) vegetative food material composting facilities;(D) research composting operations;(E) chipping and grinding operations and facilities; and,(F) biosolids composting operations at POTWs.(13) "Curing" means the final stage of the composting process that occurs after compost has undergone pathogen reduction, as described in section 17868.3, and after most of the readily metabolized material has been decomposed and stabilized.(13.5) "Digestate" means the solid and/or liquid residual material remaining after organic material has been processed in an in-vessel digester, as defined in section 17896.2(a)(14). Digestate intended to be composted pursuant to this Chapter may only be handled at a facility that has obtained a Compostable Materials Handling Facility Permit pursuant to section 17854.(14) "Domestic Sewage" means waste and wastewater from humans or household operations that is discharged to or otherwise enters a treatment works.(15) "Disposal of compostable material and/or digestate" means:(A)1. the final deposition of compostable material and/or digestate on land, unless excluded from this Chapter 3.1 pursuant to section 17855;2. storing or stockpiling more than 200 cubic yards of compostable material, other than stabilized compost as defined in section 17852(a)(36) that meets the maximum metal concentration requirements of section 17868.2, on land for more than 30 days, except as provided in subdivision (A)3.; or3. storing or stockpiling more than 200 cubic yards of agricultural material, green material, or compost for more than twelve months on land that is zoned for agricultural uses, unless the EA, after consultation with the applicable RWQCB and other agencies as the EA deems appropriate, makes a written finding that storing or stockpiling the material more than 12 months will not adversely affect the public health and safety or the environment.(B) Disposal of compostable material does not include the use of compostable material: 1. for beneficial reuse at a solid waste landfill pursuant to Title 27, California Code of Regulations, section 20686; or2. for mine reclamation in accordance with applicable law.3. for land application as defined in section 17852(a) (24.5).4. as specified in section 17852(a) (24.5)(B).(C) Should the EA have reason to believe that a person is engaging in activities that meet the definition of disposal of compostable material or authorizing such activities on land the person owns or otherwise possesses, the burden of proof shall be on each person engaging in or authorizing such activities to demonstrate otherwise.(D) If the activities at a site meet the definition of disposal of compostable material and/or digestate, the site shall be regulated as set forth in the Consolidated Regulations for Treatment, Storage, Processing or Disposal of Solid Waste (commencing at Title 27, California Code of Regulations, section 20005).(16) "Dry Weight Basis" or "Dry Weight" means weight calculated on the basis of having been dried until reaching a constant mass that results in essentially 100 percent solids content.(17) "Enclosed Composting Process" means a composting process where the area that is used for the processing, composting, stabilizing, and curing of organic materials, is covered on all exposed sides and rests on a stable surface with environmental controls for moisture and airborne emissions present.(18) "EA" means enforcement agency.(19) "Feedstock" means any compostable material used in the production of compost or chipped and ground material including, but not limited to, agricultural material, green material, vegetative food material, food material, biosolids, digestate, and mixed material. Feedstocks shall not be considered as either additives or amendments.(19.5) "Film plastic" means sheet plastic 10 mil or less in thickness.(20) "Food Material" means a waste material of plant or animal origin that results from the preparation or processing of food for animal or human consumption and that is separated from the municipal solid waste stream. Food material includes, but is not limited to, food waste from food facilities as defined in Health and Safety Code section 113789 (such as restaurants), food processing establishments as defined in Health and Safety Code section 111955, grocery stores, institutional cafeterias (such as prisons, schools and hospitals), and residential food scrap collection. Food material does not include any material that is required to be handled only pursuant to the California Food and Agricultural Code and regulations adopted pursuant thereto. (A) "Vegetative Food Material" means that fraction of food material, defined above, that is a plant material and is separated from other food material and the municipal solid waste stream. Vegetative food material may be processed or cooked but must otherwise retain its essential natural character and no salts, preservatives, fats or oils, or adulterants shall have been added. Vegetative food material includes, but is not limited to, fruits and vegetables, edible flowers and plants, outdated and spoiled produce, and coffee grounds. Vegetative food material contains no greater than 1.0 percent of physical contaminants by dry weight, and meets the requirements of section 17868.5.(21) "Green Material" means any plant material except food material and vegetative food material that is separated at the point of generation, contains no greater than 1.0 of percent physical contaminants by dry weight, and meets the requirements of section 17868.5. Green material includes, but is not limited to, tree and yard trimmings, untreated wood wastes, natural fiber products, wood waste from silviculture and manufacturing, and construction and demolition wood waste. Green material does not include food material, vegetative food material, biosolids, mixed material, material separated from commingled solid waste collection or processing, wood containing lead-based paint or wood preservative, or mixed construction and demolition debris. Agricultural material, as defined in this section 17852(a)(5), that meets this definition of "green material" may be handled as either agricultural material or green material.(22) "Green Material Composting Operation" or "Facility" is an operation or facility that composts green material, additives, and/or amendments. A green material composting operation or facility may also handle manure and paper products. An operation or facility that handles a feedstock that is not green material, manure, or paper products, shall not be considered a green material composting operation or facility. "Green Material Composting Operation" or "Facility" does not include activities excluded from regulation in section 17855.(23) "Handling" means the processing, transfer, and storage of compostable materials. Handling of compostable materials results in controlled biological decomposition. Handling includes composting, screening, chipping and grinding, and storage activities related to the production of compost, compost feedstocks, and chipped and ground materials.(24) "Insulating Material" means material used for the purpose of minimizing the loss of heat from a compost pile undergoing the "Process to Further Reduce Pathogens" (PFRP), as described in section 17868.3. Insulating material includes, but is not limited to, soil and stabilized compost.(24.5) "Land Application" means: (A) The final deposition of compostable material and/or digestate spread on any land, including land zoned only for agricultural uses, under the following conditions: 1. On and after January 1, 2018, 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. The compostable material and/or digestate meets the maximum metal concentrations, as specified in section 17868.2, at the time of land application;3. 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; and4.a. On 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 12 inches in total, accumulated depth on the land surface. 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.b. On 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 12 inches in total, accumulated depth on the land surface. 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.5. Verification of compliance with this subdivision must be provided to the EA upon request.(B) This subdivision (a)(24.5) does not apply to:1. the use of compost produced in compliance with Chapter 3.1 and/or 3.2 of this Division,2. the use of compostable material and/or digestate for gardening or landscaping on a parcel of land 5 acres or less in size,3. the final deposition of compostable material and/or digestate spread on land by a Federal, State, or local government entity, provided the material is applied in accordance with applicable law,4. the final deposition of agricultural by-products material spread on land as authorized by the State Water Resources Control Board or a Regional Water Quality Control Board pursuant to Waste Discharge Requirements, a Waiver of Waste Discharge Requirements, a Resolution, or other issued requirements from the State Water Resources Control Board or a Regional Water Quality Control Board having jurisdiction, provided this final deposition does not adversely affect public health and safety or the environment.5. the beneficial reuse at a solid waste landfill pursuant to Title 27, California Code of Regulations, section 20686, or6. the beneficial reuse of biosolids pursuant to Part 503, Title 40 of the Code of Federal Regulations and State Water Resources Control Board General Order No. 2004-0012-DWQ, or site-specific Waste Discharge Requirements or other issued requirements from the State Water Resources Control Board or a Regional Water Quality Control Board having jurisdiction. [NOTE: As specified in section 17850(d), nothing in these standards shall be construed as relieving any owner, operator, or designee from the obligation of obtaining all authorizations and complying with all requirements of other regulatory agencies, including but not limited to, local health entities, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities.]
(25) "Manure" is an agricultural material and means accumulated herbivore or avian excrement. This definition shall include feces and urine, and any bedding material, spilled feed, or soil that is mixed with feces or urine.(26) "Mixed Material" means any compostable material that is part of the municipal solid waste stream, and is mixed with or contains non-organics, processed industrial materials, mixed demolition or mixed construction debris, or plastics. A feedstock that is not source separated or contains 1.0% or more of physical contaminants by dry weight is mixed material.(27) "Mushroom Farm" means an activity that produces mushrooms. The handling of compostable material at a mushroom farm prior to and after use as a growth medium is subject to regulation pursuant to this chapter and is not considered mushroom farming.(27.5) "Nuisance" includes anything which: (A) is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and(B) affects at the same time an entire community, neighborhood or any considerable number of persons. The extent of annoyance or damage inflicted upon an individual may be unequal.(28) "Operations Area" means the following areas within the boundary of a compostable material handling operation or facility:(A) equipment cleaning, maintenance, and storage areas;(B) feedstock, active, curing and stabilized compost processing or stockpiling areas; and(C) process water and stormwater drainage control systems.(29) "Operator" means the owner, or other person who through a lease, franchise agreement or other arrangement with the owner, becomes legally responsible for the following: (A) complying with regulatory requirements set forth in this Chapter;(B) complying with all applicable federal, state and local requirements;(C) the design, construction, and physical operation of the site; and(30) "Owner" means the person or persons who own, in whole or in part, a compostable material handling operation or facility, or the land on which these operations or facilities are located.(31) "Pathogenic Organism" means disease-causing organisms.(32) "Physical Contamination" or "Contaminants" means human-made inert material contained within compostable material, digestate, or compost, including, but not limited to, glass, metal, and plastic.(33) "Process Water" means liquid that is generated during or used in the production of compost or chipped and ground materials.(34) "Research Composting Operation" means a composting operation, that is operated for the purpose of gathering research information on composting.(35) "Separated At The Point of Generation" includes material separated from the solid waste stream by the generator of that material. It may also include material from a centralized facility as long as that material was kept separate from the waste stream prior to receipt by that facility and the material was not commingled with other materials during handling.(36) "Stabilized Compost" means any organic material that has undergone the Process to Further Reduce Pathogens (PFRP), as described in section 17868.3, and has reached a stage of reduced biological activity as indicated by reduced temperature and rate of respiration below that of active compost.(37) "Static Pile" means a composting process that is similar to the aerated static pile except that the air source may or may not be controlled.(38) "Vector" includes any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease.(38.5) "Vegetative Food Material Composting Facility" is a facility that composts agricultural material, green material, vegetative food material, additives, and/or amendments. A vegetative food material composting facility may also handle manure and paper products. An operation or facility that handles a feedstock that is not agricultural material, green material, vegetative food material, manure, or paper products, shall not be considered a vegetative food material composting facility. "Vegetative Food Material Composting Facility" does not include activities excluded from regulation in section 17855.(39) "Vermicomposting" means an activity that produces worm castings through worm activity. The EA may determine whether an activity is or is not vermicomposting. The handling of compostable material prior to and after use as a growth medium is subject to regulation pursuant to this chapter and is not considered vermicomposting.(40) "Windrow Composting Process" means the process in which compostable material is placed in elongated piles. The piles or "windrows" are aerated and/or mechanically turned on a periodic basis.(41) "Within-vessel Composting Process" means an aerobic process in which compostable material is enclosed in a drum, silo, bin, tunnel, reactor, or other container for the purpose of producing compost, maintained under uniform conditions of temperature and moisture where airborne emissions are controlled.(42) "Wood Waste" means solid waste consisting of wood pieces or particles which are generated from the manufacturing or production of wood products, harvesting, processing or storage of raw wood materials, or construction and demolition activities.(43) "Yard Trimmings" means any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and weeds.Cal. Code Regs. Tit. 14, § 17852
1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment of subsections (k), (l) and (t), new subsection (x2), and amendment of subsections (aa)(2) and (ll) 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.
3. Amendment of subsections (k), (l) and (t), new subsection (x2), and amendment of subsections (aa)(2) and (ll) 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.
4. Certificate of Compliance as to 4-7-97 order, including repealer of subsection (x2) and further amendment of subsection (aa)(2), transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
5. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
6. Change without regulatory effect amending subsections (a)(5), (a)(11)-(13), (a)(15)-(16), (a)(21)-(22), (a)(24), (a)(36) and (a)(41) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
7. Amendment filed 11-10-2015; operative 1-1-2016 (Register 2015, No. 46).
8. Change without regulatory effect amending subsection (a)(24.5)(B)1. filed 5-11-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 20). Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment of subsections (k), (l) and (t), new subsection (x2), and amendment of subsections (aa)(2) and (ll) 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.
3. Amendment of subsections (k), (l) and (t), new subsection (x2), and amendment of subsections (aa)(2) and (ll) 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.
4. Certificate of Compliance as to 4-7-97 order, including repealer of subsection (x2) and further amendment of subsection (aa)(2), transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98, No. 2).
5. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
6. Change without regulatory effect amending subsections (a)(5), (a)(11)-(13), (a)(15)-(16), (a)(21)-(22), (a)(24), (a)(36) and (a)(41) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
7. Amendment filed 11-10-2015; operative 1/1/2016 (Register 2015, No. 46).
8. Change without regulatory effect amending subsection (a)(24.5)(B)1. filed 5-11-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 20).