(a) Digestate not contained in an in-vessel digester shall, within 24 hours, be: (1) stored or processed on-site in a sealed container or sealed structure unless the EA approves an alternative handling method after determining the alternative method will not pose an additional risk to public health and safety or the environment; or(2) incorporated in an on-site aerobic compost process. (A) On-site aerobic composting of digestate is allowable only at large volume in-vessel digestion facilities that have obtained an In-vessel Digestion Facility Permit pursuant to section 17896.13.(B) All in-vessel digestion facilities that compost on-site shall comply with the sampling requirements of section 17896.58, maximum metal concentrations requirements of section 17896.59, the maximum acceptable pathogen concentrations requirements of section 17896.60(b)(1), and physical contamination limits of section 17896.61; or(3) removed from the site and one of the following:(A) transported only to another solid waste facility or operation for additional processing, composting, or disposal; 1. Digestate that is transported to another solid waste facility or operation for additional processing or composting shall only be transported to one of the following facilities: i. A transfer/processing facility or operation that complies with Section 17409.5.8(a); orii. A compostable material handling facility or operation that, pursuant to Section 17867(a)(16), demonstrates that the percentage of organic waste in the materials sent to disposal is: I. On and after January 1, 2022, less than 20 percent.II. On and after January 1, 2024, less than 10 percent.(B) used in a manner approved by local, state, and federal agencies having appropriate jurisdiction. Any digestate that will be land applied must meet the requirements of Section 17852(a) (24.5);(C) disposed in a manner 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).(b) Digestate that has not been analyzed for metal concentration pursuant to section 17896.59, pathogen concentration pursuant to section 17896.60(b)(1), and physical contaminants pursuant to section 17896.61 or is known to contain any metal in amounts that exceed the maximum metal concentrations described in section 17896.59, pathogens that exceed the maximum acceptable pathogen concentrations described in section 17896.60(b)(1), or physical contaminants that exceed the maximum physical contamination limits described in section 17896.61 shall be designated for disposal, additional processing, or other use as approved by local, state agencies having appropriate jurisdiction.Cal. Code Regs. Tit. 14, § 17896.57
1. New article 6 (sections 17896.57-17896.61) and section filed 11-10-2015; operative 1-1-2016 (Register 2015, No. 46).
2. Amendment of subsection (a)(3)-(a)(3)(A), new subsections (a)(3)(A)1.-(a)(3)(A)1.ii.II., amendment of subsection (a)(3)(B) and amendment of NOTE filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45). Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code; and Section 39730.6, Health and Safety Code.
1. New article 6 (sections 17896.57-17896.61) and section filed 11-10-2015; operative 1/1/2016 (Register 2015, No. 46).
2. Amendment of subsection (a)(3)-(a)(3)(A), new subsections (a)(3)(A)1.-(a)(3)(A)1.ii.II., amendment of subsection (a)(3)(B) and amendment of Note filed 11-3-2020; operative 1/1/2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).