Phase II C&D Waste &Inert Debris Disposal Regulations Comments

Disclaimer

Given the short time frame for comment summary and response, staff may have different and more complete responses when the rulemaking file is submitted to OAL.

IDEF and “Disposal status” Comments

Section 40191. (a) Except as provided in subdivision (b), "solid waste" means all putrescible and nonputrescible

solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition

and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered,

treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and

semisolid wastes, and other discarded solid and semisolid wastes. (b) "Solid waste" does not include any of the following wastes: (1) Hazardous waste…(2) Radioactive waste…[or] (3)

Medical waste…

Public Resources Code Authority

40192. (a) Except as provided in subdivisions (b) and (c), "solid waste disposal" or "disposal" means the final deposition of solid wastes onto land, into the atmosphere, or into the waters of the state. (b) Except

as provided in Part 2 (commencing with Section 40900), for purposes of Part 2 (commencing with Section

40900), "disposal" means the management of solid waste through landfill disposal or transformation at a

permitted solid waste facility. (c) For purposes of Chapters 16 (commencing with Section 42800) and 19

(commencing with Section 42950) of Part 3, Part 4 (commencing with Section 43000), Part 5 (commencing with Section 45000), Part 6 (commencing with Section

45030), and Chapter 2 (commencing with Section 47900) of Part 7, "solid waste disposal" or "disposal" means the final deposition of solid wastes onto land.

Public Resources Code Disposal Definition

Diversion Impacts CommentsRegs may diminish local jurisdictions ability to meet the AB 939 diversion mandate because of the two new disposal facility classifications.Request to exempt facility disposal tonnage from being counted as AB939 “disposal”How will the Regulations affect the Countywide disposal capacity need projection? Recommend Disposal Capacity Needs projections in CIWMP’s exclude the highly unpredictable C&D disposal waste steam.

Diversion Impacts Comments

Does the Siting Element of the CIWMP need to be revised to allow for possible different criteria for these new disposal facilities? Does Clean Closure removal count for diversion credits?

Beneficial Reuse Comments

Inert Debris Definition Comments

“Crushed” glass is also known as “glass flour” in two industrial operations. It is a finely divided, irritant dust. When airborne, or in contact with the human body, “glass flour” poses a significant hazard to eyes, lungs, and skin.Fiberglass sheeting is run through machinery or rollers, such as in the manufacture of composition shingles. Residues are tiny glass fibers, similar in size range to friable asbestos.Industrial waste streams and/or bag house wastes which require special handling procedures or which pose an elevated health risk due to inhalation or dermal contact be prohibited from the “Type A” inert debris designation.

Inert Debris Definition Comments

The inert debris definition should consist of those materials which can be separated and recovered for reuse.Do not limit the inert material sent to IDEF operations if approved of by the RWQCB.

Inert Debris Definition Comments

The public health hazard created by a benign Type B inert waste disposal facility should require no more than a Registration Permit at most.There are serious complications involved in trying to tie Type B inert debris permits with a CDI Waste Permit

Scales Comments

Final Cover Comments

CompactionComment

We seek to confirm in writing that Peck Road’s operations (in regards to passive compaction) will comply with the definition of Inert Debris Engineered Fill Operation and come under regulation in the EA Notification tier.

Implementation Time Comment

30 days time for regulatory implementation is inadequate

Public Hearing Comments

EnforcementComments

The EA should not be precluded from using other appropriate enforcement tools through PRC, 14 CCR or local ordinances.The regulation will add additional burden to the existing regulatory process because of substantial amount of additional compliance.

3 Strikes Comments

Excluded ActivitiesComments

ExemptionsComments

Do exemptions for facilities from SWF permits continue in effect and do previous filings of RDSI’s constitute EA Notification?Will the Exemption status for existing facilities remain?

Disposal Operation Plan Comments

Will the Disposal Operation Plan be OK for existing facilities with RDSI’s currently on file? How does the State’s paperwork reduction act fit in these considerations?The RWQCB requires quarterly reporting of incoming inert materials for facilities. Is separate reporting required by the IWMB? Are not both agencies divisions of the same Cal/EPA, and could not one agency be assigned primary responsibility for records keeping?

Miscellaneous Comments

Some of the specific requirements of the regulations appear to conflict with the statement of reasons for the regulations and are tailored for specific sites and operations, rather than for broad industry-wide application.Either reference the appropriate Chapter in Title 27 for disposal facilities is needed, or additional language, similar to that available in 17383.2(a) (phase I regs) is needed.

Miscellaneous CommentsUnder the proposed regulations, how many mine reclamation facilities will come under the Board’s regulatory authority?What are their names and locations?Do all of them currently fall w/in the Notification tier or do some operate at a higher tier that will result in inert being counted as disposal? If an existing facility changes its operation in such a manner that it is no longer in the Notification tier does the inert material now count as disposal?

Mine Reclamation SitesCal-Mat Reliance Pit # 2/Vulcan Materials Co. 19-AA-0854 Permitted Irwindale

Cal-Mat - Vulcan 19-AR-1160 Exempt

Sun Valley

Carroll Canyon – Vulcan San Diego

Chandler's Palos Verdes Sand & Gravel Co 19-AE-0004 Rolling Hills Estate

Hanson Livingston Graham Pit Irwindale

Holliday Inert LF 36-AA-0064 Permitted

Rialto

Mine Reclamation SitesNu-Way Live Oak Landfill 19-AA-0849 Permitted Irwindale

Peck Road Gravel Pit 19-AA-0838 Permitted Monrovia

Pleasanton – Vulcan Livermore

Rodeffer Inert Disposal Site 19-AA-0868

Arcadia

Sun Valley – Vulcan Sun Valley

United Rock Products Pits #1 Irwindale

Miscellaneous Comments

Will haulers be notified that the facility to which they are taking their material is no longer in a “Notification Tier.”These regulations pose the risk of recreating the problems that lead to the enactment of AB2308 but now may affect more jurisdictions throughout the State.The definitions for source separated and separated for reuse are the same.

Miscellaneous Comments

Is it an intention of the proposed regulations to expand the scope of the Integrated Waste Management Act w/out benefit of legislation? The distinctions between tiers are based on minor differences, and activities clearly not within the scope of the IWM Act are incorporated by reference as “excluded operations”. Do federal Subtitle D standards for landfill liners and final covers apply to new C&D disposal facilities?

Local Fees41901. A city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan prepared pursuant to this division. The fees shall be based on the types or amounts of the solid waste, and shall be used to pay the actual costs incurred by the city or county in preparing, adopting, and implementing the plan, as well as in setting and collecting the local fees. In determining the amounts of the fees, a city or county shall include only those costs directly related to the preparation, adoption, and implementation of the plan and the setting and collection of the local fees. A city, county, or city and county shall impose the fees pursuant to Section 66016 of the Government Code.

Proposed ADC Section 20685 Beneficial Reuse

Beneficial reuse of solid wastes at a solid waste landfill shall include, but not be limited to, the following: final cover foundation layer, liner operations layer, leachate and landfill gas collection system, construction fill, road base, wet weather operations pads and access roads, and soil amendments for erosion control and landscaping.

ADC & the RDSI § 21600. (B) ADC and Beneficial Reuse— Describe ADC and beneficial reuse waste types, quantities, processing methods, alternative processing or grain size specifications if applicable, operations methods, and applicable engineering, industry quidelines, or other standard practices that will be used to ensure compliance with §§20685 and 20690. Include calculations and supporting information Calculate the estimated range in tons of these materials that are anticipated to be used, based on waste types, applicable cover to waste volume ratios, applicable density conversion factors, engineering specifications, methods to minimize contamination, or other pertinent information to determine maximum quantity limits of these materials to be used. Materials accepted at the landfill to be used as alternative daily cover or for beneficial reuse shall be weighed upon receipt but need not be weighed again prior to placement at the landfill. Appropriate conversion factors for specific materials based on industry standards are acceptable for tracking the use of the materials after acceptance at the gate.

Statute Inoperative DatePRC 41821.3. (h) This section shall become inoperative on the operative date of any regulation adopted by the board relating to "inert waste removed from the solid waste stream and not disposed of in a solid waste landfill," as defined in paragraph (2) of subdivision (a), if that regulation includes procedures to facilitate the counting of the inert waste for purposes of the disposal reporting system established under Section 41821.5 when that inert waste is placed in a mine reclamation facility as fill material, and, as of January 1 immediately following that operative date, is repealed, unless a later enacted statute that is enacted before that January 1 deletes or extends the dates on which it becomes inoperative and is repealed.

PRC 48007(c) For purposes of this section, "inert waste" means rock, concrete, brick, sand, soil, and cured asphalt only. In addition, inert waste does not include any waste that meets the definition of "designated waste" as defined in Section 13173 of the Water Code or "hazardous waste" as defined by Section 40141. (d) This section shall remain operative until the operative date of the regulations adopted by the board pursuant to Section 48007.5 and, as of the January 1 following that operative date, this section is repealed, unless a later enacted statute deletes or extends the dates on which it becomes inoperative and is repealed.

PRC 48007.5.

(a) On or before January 1, 2004, the board shall adopt and file with the Secretary of State, pursuant to Section 11346.2 of the Government Code, regulations that establish an appropriate level of oversight of the management of construction and demolition waste, and the management of inert waste at mine reclamation sites. (b) For purposes of this section, "inert waste" has the same meaning as defined in subdivision (c) of Section 48007, as that section read on January 1, 2002.