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April 4, 2003 Version
<br /> 1 (b) If an operation had previously been operating pursuant to an EA Notification in accordance
<br /> 2 with the regulations in effect prior to April 4, 2003, that operation may continue to operate in
<br /> 3 accordance with its EA Notification or regulatory authorization until the EA determines that a
<br /> 4 Compostable Materials Handling Facility Permit is required. The EA shall make this
<br /> 5 determination no sooner than 120 days and no later than two years from April 4, 2003. If the EA
<br /> 6 determines that a Compostable Materials Handling Facility Permit is required, the operator shall
<br /> 7 comply with the Compostable Materials Handling Facility Pen-nit requirements set forth in Title
<br /> 8 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and
<br /> 9 Subchapter 3, Articles 1,2,3, and 3.1 (commencing with section 21450)within two years of that
<br /> 10 determination.
<br /> 11 (c) If an activity had previously been excluded from the regulations in effect prior to April 4,
<br /> 12 2003, that activity may continue to operate in accordance with regulatory exclusion until the EA
<br /> 13 determines that a Compostable Materials Handling Facility Permit is required. The EA shall
<br /> 14 make this determination no sooner than 120 days and no later than two years from April 4, 2003.
<br /> 15 If EA determines that a Compostable Materials Handling Facility Permit is required,the operator
<br /> 16 shall comply with the Compostable Materials Handling Facility Permit requirements set forth in
<br /> 17 Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and
<br /> 18 Subchapter 3, Articles 1,2,3, and 3.1 (commencing with section 21450)within two years of that
<br /> 19 determination.
<br /> 20 (d)Notwithstanding other provisions of this section, a Chipping and Grinding activity that is
<br /> 21 currently operating in accordance with the regulations in effect prior to April 4, 2003, may
<br /> 22 continue to operate in accordance with its regulatory authorization until the EA determines that a
<br /> 23 different authorization is required. EA shall make this determination within 120 days from April
<br /> 24 4,2003.
<br /> 25 (1) If the EA determines that the activity is required to comply with the EA Notification
<br /> 26 requirements, the operator shall comply with the EA Notification requirements set forth
<br /> 27 in Title 14, Division 7, Chapter 5.0, Article 3.0 (commencing with Section 18100) of the
<br /> 28 California Code of Regulations, within 120 days from that determination.
<br /> 29 (2) If the EA determines that the activity is required to comply with the Registration
<br /> 30 requirements, the operator shall comply with the Registration requirements set forth in
<br /> 31 Title 14, Division 7, Chapter 5.0, Article 3.0 (commencing with Section 18100) of the
<br /> 32 California Code of Regulations, within 120 days from that determination.
<br /> 33 (3) If the EA determines that the activity is required to comply with the Compostable
<br /> 34 Materials Handling Facility Permit requirements, the operator shall comply with the
<br /> 35 Compostable Materials Handling Facility Permit requirements set forth in Title 27,
<br /> 36 California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter I and
<br /> 37 Subchapter 3, Articles 1,2,3, and 3.1 (commencing with section 21450) within two years
<br /> 38 from that determination.
<br /> 39
<br /> 40 NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code.
<br /> 41 Reference: Sections 43020 and 43021 of the Public Resources Code.
<br /> 42
<br /> 43
<br /> 44 Section 17856. Agricultural Material Composting Operations.
<br /> 45 (a)All agricultural material composting operations and chipping and grinding operations shall
<br /> 46 comply with the EA Notification requirements set forth in Title 14,Division 7, Chapter 5.0,
<br /> 47 Article 3.0 (commencing with Section 18100) of the California Code of Regulations, except as
<br /> 48 otherwise provided by this Chapter. Agricultural Compostable Materials Handling Operations
<br /> 49 shall only be subject to the requirements of section 17863.4 if the EA makes a written
<br /> 50 determination that the operation has violated the requirements for odor impacts of section 17867.
<br /> 51 (b) Compost produced by an agricultural material composting operation or a chipping and
<br /> 52 grinding operation which uses only agricultural material may be sold or given away in
<br /> 53 unrestricted quantities.
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