Section 17863.4 - Odor Impact Minimization Plan(a) All compostable material handling operations and facilities shall prepare, implement and maintain a site-specific odor impact minimization plan. A complete plan shall be submitted to the EA with the EA Notification or permit application.(b) Odor impact minimization plans shall provide guidance to on-site operation personnel by describing, at a minimum, the following items. If the operator will not be implementing any of these procedures, the plan shall explain why it is not necessary. (1) an odor monitoring and data collection protocol for on-site odor sources, which describes the proximity of possible odor receptors and a method for assessing odor impacts at the locations of the possible odor receptors; and,(2) a description of meteorological conditions effecting migration of odors and/or transport of odor-causing material off-site. Seasonal variations that effect wind velocity and direction shall also be described; and,(3) a complaint response and recordkeeping protocol; and,(4) a description of design considerations and/or projected ranges of optimal operation to be employed in minimizing odor, including method and degree of aeration, moisture content of materials, feedstock characteristics, airborne emission production, process water distribution, pad and site drainage and permeability, equipment reliability, personnel training, weather event impacts, utility service interruptions, and site specific concerns as applicable; and,(5) a description of operating procedures for minimizing odor, including aeration, moisture management, feedstock quality, drainage controls, pad maintenance, wastewater pond controls, storage practices (e.g., storage time and pile geometry), contingency plans (i.e., equipment, water, power, and personnel), biofiltration, and tarping as applicable.(c) The odor impact minimization plan shall be revised to reflect any changes, and a copy shall be provided to the EA, within 30 days of those changes.(d) The odor impact minimization plans shall be reviewed annually by the operator to determine if any revisions are necessary.(e) The odor impact minimization plan shall be used by the EA to determine whether or not the operation or facility is following the procedures established by the operator. If the EA determines that the odor impact minimization plan is not being followed, the EA may issue a Notice and Order (pursuant to section 18304) to require the operator to either comply with the odor impact minimization plan or to revise it.(f) If the odor impact minimization plan is being followed and the EA determines, in a manner consistent with section 18302(d), that odor impacts are still occurring, the EA shall direct the operator to prepare and implement an Odor Best Management Practice Feasibility Report (Report) as specified in section 17863.4.1. The EA shall consider the results of the Report prior to issuing a Notice and Order (pursuant to section 18304) requiring the operator to take additional reasonable and feasible measures to minimize odors unless: (1) the EA has evidence that a specific and immediate action would reduce the odor impacts;(2) there is an imminent threat to public health and safety and the environment; or(3) a nuisance has occurred.Cal. Code Regs. Tit. 14, § 17863.4
1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
2. Change without regulatory effect amending subsection (e) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
3. Amendment of subsections (a)(1), (a)(3)-(5) and (f), new subsections (f)(1)-(3) and amendment of NOTE filed 11-10-2015; operative 1-1-2016 (Register 2015, No. 46). Note: Authority cited: Sections 40502, 43020, 43021 and 43209.1, Public Resources Code. Reference: Sections 43020, 43021 and 43209.1, Public Resources Code.
1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
2. Change without regulatory effect amending subsection (e) filed 8-23-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
3. Amendment of subsections (a)(1), (a)(3)-(5) and (f), new subsections (f)(1)-(3) and amendment of Note filed 11-10-2015; operative 1/1/2016 (Register 2015, No. 46).