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10/9/2017 Nonhazardous Ash Regulations(Title 14,Chapter 3,Article 5.8) (c)Should the enforcement agency have information that a nonhazardous ash operation is not excluded in accordance with this section, the burden of proof shall be on the land owner or operator to demonstrate otherwise. Note: Authority cited: Sections 40502,43020, and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. Section 17377.2. Nonhazardous Ash Transfer/Processing Operations. (a)All operators of nonhazardous ash transfer/processing operations, except as otherwise provided in this Article, shall comply with the Enforcement Agency Notification requirements set forth in the California Code of Regulations, Title 14, Division 7, Chapter 5.0,Article 3.0 (commencing with section 18103). (b) In addition to the requirements to subdivision (a), the following statement shall be included in the enforcement agency notification and signed by the operator: "The undersigned certify under penalty of perjury that the information in this document and all attachments are true and correct to the best of my knowledge, and is being executed in accordance with the requirements of the California Code of Regulations, Title 14, Division 7, Chapter 3,Article 5.8 (commencing with section 17375). 1 certify that the ash as represented in this document is nonhazardous and from a nonhazardous feedstock as defined in section 17376 (g)and is to be managed in accordance with this notification. I am aware that there are significant penalties for submitting false or misleading information in this certification, including the possibility of fine or imprisonment, or both." (c)A new Enforcement Agency Notification is required any time there are changes to information required by this section. (d)These operations shall be inspected by the enforcement agency every three (3) months unless the enforcement agency approves, with Department concurrence, a reduced inspection frequency. The enforcement agency 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.] Note: Authority cited: Sections 40502,43020, and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. Section 17377.3. Nonhazardous Ash Disposal/Monofill Facilities. (a)All nonhazardous ash disposal/monofill facilities, shall obtain a Standardized Nonhazardous Ash Solid Waste Facility Permit pursuant to the requirements of the California Code of Regulations, Title 14, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18105). (b)The enforcement agency shall include only those terms and conditions, and no others, contained in CIWMB Form 98 (new 7/96) Standardized Nonhazardous Ash Solid Waste Facility Permit, set forth in Appendix A in this Division. Note: Authority cited: Sections 40502,43020, and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. Section 17378.0. Applicability of State Minimum Standards for Nonhazardous Ash Operations and Facilities. Sections 17378.1 through 17378.3 set forth the minimum standards that apply to all types of nonhazardous ash operations and facilities. Approvals, determinations and other requirements which the enforcement agency is authorized to make under Article 5.8 shall be provided in writing to the operator. The operator shall maintain a copy of these approvals in addition to those records identified in section 17379. Note: Authority cited: Sections 40502,43020, and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. Section 17378.1. Siting On Landfills. (a) Nonhazardous ash operations and facilities or portions thereof, located atop closed solid waste landfills shall meet postclosure land use requirements pursuant to Title 27 California Code of Regulations section 21190. http://www.calrecycle.ca.gov/laws/regulations/titlel4/ch3a58.htm 4/7