Section 17862 - Research Composting Operations(a) An operator conducting research composting operations shall not have more than 5,000 cubic yards of feedstock, chipped and ground material, amendments, additives, active compost, and stabilized compost on-site at any one time, and 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), except as otherwise provided by this Chapter.(b) An operator conducting research composting operations utilizing within-vessel processing, may exceed 5,000 cubic-yards of feedstock, chipped and ground material, additives, amendments, active compost, and stabilized compost, if the EA determines that such increased volume will not pose additional risk to the public health, safety and the environment.(c) In addition to the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0, section 18103.1(a)(3), the operator shall provide a description of the research to be performed, research objectives, methodology/protocol to be employed, data to be gathered, analysis to be performed, how the requirements of this subchapter will be met, and the projected timeframe for completion of the research operation.(d) After no more than a two year period of operation the operator of a research composting operation shall submit to the EA a report that includes the results and conclusions drawn from the research. If the EA determines based on the report that there are further research objectives to be met or data to be gathered, the EA may extend the research for a specified time period not to exceed two years. If the EA determines based on the report that there are no further research objectives to be met or data to be gathered, the operator shall conduct site restoration at the facility pursuant to section 17870, or obtain other appropriate authorization pursuant to Article 2 of this Chapter prior to continuing operations.(e) Research composting operations that will be using unprocessed mammalian tissue as a feedstock for the purpose of obtaining data on pathogen reduction or other public health, animal health, safety, or environmental protection concern, shall satisfy the following additional requirements:(1) Unprocessed mammalian tissue used as feedstock shall be generated from on-site agricultural operations, and all products derived from unprocessed mammalian tissue shall be beneficially used on-site.(2) The operator shall prepare, implement and maintain a site-specific, research composting operation site security plan. The research composting site security plan shall include a description of the methods and facilities to be employed for the purpose of limiting site access and preventing the movement of unauthorized material on to or off of the site.(3) After no more than a six-month period of operation the operator of a research composting operation using unprocessed mammalian tissue as feedstock shall submit to the EA a report that includes the results and conclusions drawn from the research and documentation of additional requirements of this section. If the EA determines based on the report that there are further research objectives to be met or data to be gathered, the EA may extend the research for a specified time period not to exceed two years. If the EA determines based on the report that there are no further research objectives to be met or data to be gathered, the operator shall conduct site restoration at the facility pursuant to section 17870, or obtain other appropriate authorization pursuant to Article 2 of this Chapter prior to continuing operations.(f) The operator shall submit all additional documentation required by subsections (c) and (e)(2) to the EA with the Notification and prior to the composting of any feedstock. The EA shall determine that the EA Notification for research composting operations is complete and correct only if the additional documentation requirements of this section have been met.(g) 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.]
Cal. Code Regs. Tit. 14, § 17862
1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
3. Change without regulatory effect amending subsections (a) and (c) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
4. New subsections (e)-(f) filed 6-18-2007 as an emergency; operative 6-18-2007 (Register 2007, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-17-2007 or emergency language will be repealed by operation of law on the following day.
5. New subsections (e)-(f) refiled 12-17-2007 as an emergency; operative 12-17-2007 (Register 2007, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-17-2008 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-17-2007 order, including further amendment of subsection (e), transmitted to OAL 3-13-2008 and filed 4-25-2008 (Register 2008, No. 17).
7. 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 section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
3. Change without regulatory effect amending subsections (a) and (c) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
4. New subsections (e)-(f) filed 6-18-2007 as an emergency; operative 6-18-2007 (Register 2007, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-17-2007 or emergency language will be repealed by operation of law on the following day.
5. New subsections (e)-(f) refiled 12-17-2007 as an emergency; operative 12-17-2007 (Register 2007, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-17-2008 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-17-2007 order, including further amendment of subsection (e), transmitted to OAL 3-13-2008 and filed 4-25-2008 (Register 2008, No. 17).
7. Amendment filed 11-10-2015; operative 1/1/2016 (Register 2015, No. 46).