1. Phase II Proposed C&D Waste and Inert Debris Disposal Regulations Discussion of Issues & Alternatives, Comment Summary & Staff Recommendations

2. 2 C&D Waste and Inert Debris Disposal Regulations Background On 8/4/03, the P&E Committee directed staff to initiate an additional comment period of 15-days and to develop alternatives for 2 issues – The use of the term “disposal” related to inert debris engineered fill operations & Weight records based on the use of scales at all operations and facilities The 2 nd 15-day comment period began on 8/13/03 and ended on 8/28/03 Submittal to Secretary of State is required by 1/1/04 OAL requires 30 working days, 6 weeks Board staff requires time to complete regulations file Regulations need to be adopted by Board this month to allow for the above timing

3. 3 Issue 1 & Alternatives Issue 1 - The use of the term disposal for inert debris engineered fill operations. Alternative 1 retains the term “disposal.” Alternative 2 deletes the term “disposal”. Alternative 3 deletes the term “disposal” and adds “Inert debris placed in an Inert Debris Engineered Fill Operation is not counted as diversion or disposal for a given jurisdiction.”

4. 4 Staff Recommendation Staff recommends that the Committee choose Alternative 1, retaining the term disposal and include the proposed additional language to the resolution that addresses the “disposal verses diversion” issues.

5. 5 Issue 2 & Alternatives Issue 2 - The requirement of weight records based on scales at inert debris engineer fill operations. Alternative 1 retains the weight record requirement through the use of on site or off site scales consistent with Phase 1 regulations. Alternative 2 provides exceptions to the scale requirement in the regulations and allows an option for volumetric conversion for scales at rural operations and those sites that will cease activities within three years from (effective date of regulations) as reflected in their Operation Plan. Alternative 3 deletes the scale requirement but retains the tonnage records requirements.

6. 6 Issue 2, Alternative 2 Exceptions One year delay in implementation of scales weight records requirements Operations in a rural city or a rural county, as defined in PRC sections 40183 and 40184 Operations that will cease activities within three years from (effective date of regulations) as reflected in their Operation Plan

7. 7 Staff Recommendation Staff recommends Alternative 2 providing delayed implementation, exclusions for rural counties, cities and sites nearing closure.

8. 8 Issue 3 & Alternatives, Section 17388.4 Inert Debris (Type A) Disposal Facilities and Issue 4 & Alternatives, Section 17388.5 CDI Waste Disposal Facilities. Issues 3 and 4 in the proposed regulations present the same subject and content matter as the alternatives in Issue 2 as they could be applied to Inert Debris (Type A) Disposal Facilities and to CDI Waste Disposal Facilities. The Committee may apply the same requirements choose for Inert Debris Engineer fill or apply different alternatives to these facilities.

9. 9 Staff Recommendation Staff recommend the choice of alternatives for issues 3 and 4 that are consistent with the Committee’s decision on issue 2.

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11. 11 Miscellaneous Comments Related to Issue 1 We believe that a minor edit to Section 17388.3 Inert Debris Engineered Fill Operations (j) will provide greater clarity and thus, consistent interpretation in the future. To add the word “tier” following the word “notification” in the first sentence of the subsection. Clarify that “disposal” in engineered fills will not be counted toward diversion. How many IDEF or Inert Debris Type A disposal facilities will now come under the Board’s regulatory authority? What are their names and locations? How much Type A inert material is currently going into these facilities and to which jurisdictions will this material be assigned as disposal?

12. 12 Miscellaneous Comments Related to Issue 1 Phase II Alternatives: We support the EA Notification tier for the placement of Type A inerts into fill operations per UBC Chapter 70 with processing prior to placement. Clean Inert Engineered Fills should be “taken off the table”. While it is clear that a clean inert engineered fill has aspects of “recycling” (i.e., the process of sorting materials that would otherwise become waste and using them as fill material to meet the quality standards necessary to be used as engineered structural fill – see PRC 40180), some parties have argued that such activities have attributes of “disposal” (i.e., the disposition of solid wastes onto the land – see PRC 40192),

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15. 15 Mine Reclamation Sites Cal-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

16. 16 Mine Reclamation Sites Nu-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

17. 17 What does it mean to not use the term disposal. The proposed DRS regs will address what counts as disposal reporting Operator may not benefit with LA County Local Fee The 3 LA County Inert Sites did not impact DRS Still require SMS & Plans Still require inspections Still require tier placement Still no disposal reporting Still no Board of Equalization fee

18. 18 Local Fees 41901. 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.

19. 19 Proposed DRS Regulations & Scales 18810.2. Scales and Weighing Requirements at a Landfill. (a) A landfill shall be equipped with scales if both of the following criteria apply: (1) the landfill accepts an annual average of more than 100 tons per operating day or an annual average volume of more than 400 cubic yards of solid waste per operating day, and (2) the landfill operates more than 52 days per year. (b) A landfill located in a rural city or rural county, as set forth in sections 40183 and 40184 of the Public Resources Code, shall be equipped with scales if both of the following criteria apply: (1) the landfill accepts an annual average of more than 200 tons per operating day or an annual average volume of more than 800 cubic yards of solid waste per operating day, and (2) the landfill operates more than 52 days per year.

20. 20 Statute Inoperative Date PRC 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.

21. 21 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.

22. 22 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.

23. 23 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

24. 24 Proposed ADC Section 20685Beneficial 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.

25. 25 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.

26. 26 Diversion Impacts Comments Regs 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.

27. 27 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?

28. 28 Inert Debris Engineered Fill Operations EA NotificationCertified Engineer No CIWMB Fees No DRS Reporting No Tonnage LimitQuarterly/Annual Inspections No Closure & Postclosure Maintenance Requirements No Financial Assurance Requirements State Minimum Standards Apply (except gas and fire). Operation Plan is Required Must demonstrate a productive end use Tests: Must meet Test Parts 1, 2 & no Putrescibles

29. 29 Inert Type A Debris Disposal Facility Registration TierCIWMB Fees Monthly Inspections Disposal Reporting Closure & Postclosure Maintenance Requirements Financial Assurance Requirements State Minimum Standards Apply Facility Plan is Required Does not need to demonstrate a productive end use Tests: Must meet Test Parts 1 & No Putrescibles

30. 30 CDI Disposal Facility Full Permit TierCIWMB Fees Monthly Inspections Disposal Reporting Closure & Postclosure Maintenance Requirements Financial Assurance Requirements State Minimum Standards Apply Facility Report is Required Does not need to demonstrate a productive end use Tests: None