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Benjamin Escotto [EH] From: Benjamin Escotto [EH] Sent: Thursday, April 24, 2014 8:37 AM To: 'Tim Nilsen' Subject: RE: Environmental Health Department Notificaton Form Hello Tim, I apologize, I made a mistake in referencing the law. It is Title 14 California Code of Regulations Section 17856 (Agricultural Composting Operations). Here is the law: Section 17856. Agricultural Material Composting Operations. (a) All agricultural material composting operations and chipping and grinding operations shall comply with the Enforcement Agency Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100), except as otherwise provided by this Chapter. Agricultural Compostable Materials Handling Operations shall only be subject to the requirements of section 17863.4 if the EA makes a written determination that the operation has violated the requirements for odor impacts of section 17867. (b) Compost produced by an agricultural material composting operation or chipping and grinding operation which uses only agricultural material may be sold or given away in unrestricted quantities. These operations shall be inspected by the EA at least once annually. (c) Compost produced by an agricultural material composting operation which uses agricultural material and/or green material, as specified in section 17852 (a)(21), may be sold or given -away in accordance with the following restrictions. (1) Those sites that do not sell or give-away more than 1,000 cubic yards of material per year shall be inspected by the EA at least once annually when actively composting. If more than 12,500 cubic yards of green material, including feedstock, compost, or chipped and ground material, is to be handled on-site of productive farmland as defined in Government Code section 51201, the operator shall give advance notice to the EA. The EA shall only prohibit the on-site storage of additional materials, or impose a greater inspection frequency, if the EA makes a written finding that it will pose an additional risk to public health and safety and the environment. The EA shall forward a copy of the request and approval to the Board. (2) Those operations that sell or give-away more than 1,000 cubic yards of material per year, shall have not more than 12,500 cubic yards of green material, including feedstock, compost, or chipped and ground material, on-site at any one time and shall be inspected by the EA once every three (3) months. (3) These sites shall record the quantity received of green material. Basically it means that if you have up to 12,500 cubic yards of compost and related material on site and only sell up to 1,000 cubic yards per year, then the facility will be inspected by us at least once per year. If you have up to 12,500 cubic yards of compost and related material and sell more than 1,000 cubic yards per year, then the facility will be inspected by us at least once every 3 months. These requirements are for composting facilities under a Notification tier. If you wish to store more than 12,500 cubic yards, then you would have to obtain a full Compostable Materials Handling Facility Permit. But right now, the facility is under a Notification tier, and since as of now no composting is occurring at the facility, I recommend keeping the