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April 4, 2003 Version I NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. 2 Reference: Sections 43020 and 43021 of the Public Resources Code. 3 4 Section 17855. Excluded Activities. 5 6 (a) The activities listed in this Section do not constitute compostable material handling 7 operations or facilities for the purposes of this Chapter and are not required to meet the 8 requirements set forth herein. Nothing in this Section precludes the EA or the board from 9 inspecting an excluded activity to verify that the activity is being conducted in a manner that 10 qualifies as an excluded activity or from taking any appropriate enforcement action. 11 (1) An activity is excluded if it handles agricultural material derived from an agricultural site, 12 and returns a similar amount of the material produced to that same agricultural site or an 13 agricultural site owned or leased by the owner,parent, or subsidiary of the composting activity. 14 No more than an incidental amount of up to 1,000 cubic yards of compost product may be given 15 away or sold annually. 16 (2)Vermicomposting is an excluded activity. The handling of compostable material prior to and 17 after use as a growth medium is not an excluded activity and is subject to the requirements of this 18 chapter. Handling of agricultural material on the site of a vermicomposting activity, for use as a 19 growth medium on that same site, is an excluded activity if it complies with section 17855(a)(1). 20 (3)Mushroom fanning is an excluded activity. The handling of compostable material prior to 21 and after use as a growth medium is not an excluded activity and is subject to the requirements of 22 this chapter. Handling of agricultural material on the site of a mushroom farm, for use as 23 mushroom bedding on that same site, is an excluded activity if it complies with section 24 17855(a)(1). 25 (4)Handling green material, feedstock, additives, amendments, compost, or chipped and ground 26 material is an excluded activity if 500 cubic yards or less is on-site at any one time,the 27 compostable materials are generated on-site and if no more than 1,000 cubic yards of materials 28 are either sold or given away annually. The compostable material may also include up to 10% 29 food material by volume. 30 (5)The handling of compostable materials is an excluded activity if: 31 (A) the activity is located at a facility(i.e., landfill or transfer/processing facility) that has a 32 tiered or full permit as defined in Section 18101, 33 1. has a Report of Facility Information which is completed and submitted to the EA that 34 identifies and describes the activity and meets the requirements of Titles 14 or 27; and, 35 2. will only use the material on the facility site or 36 (B)the activity is solely for the temporary storage of biosolids sludge at a Publicly Operated 37 Treatment Works (POTW) or 38 (C) the activity is located at the site of biomass conversion and is for use in biomass conversion 39 as defined in Public Resources Code section 40106; or 40 (D)the activity is part of a silvicultural operation or a wood,paper, or wood product 41 manufacturing operation; or 42 (E) the activity is part of an agricultural operation and is used to temporarily store or process 43 agricultural material not used in the production of compost or mulch; or 44 (F) the activity is part of an operation used to chip and grind materials derived from and applied 45 to lands owned or leased by the owner, parent, or subsidiary of the operation; or 46 (G) the activity is part of an agricultural operation used to chip and grind agricultural material 47 produced on lands owned or leased by the owner,parent, or subsidiary of the agricultural 48 operation, for use in biomass conversion; or 49 (H) the activity is part of an animal food manufacturing or rendering operation. 50 (1)the activity is the storage of yard trimmings at a publicly designated site for the collection of 51 lot clearing necessary for fire protection provided that the public agency designating the site has 52 notified the fire protection agency; or 6