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(a) Except as provided in subdivisions (d), (e) and (f), the department shall classify as
<br /> nonhazardous waste any fly ash, bottom ash, and flue gas emission control residues, generated
<br /> from a biomass combustion process, as defined in subdivision (g), if the combustion process will
<br /> be adequately monitored and controlled so as to prevent the handling or the disposal of any
<br /> waste in a manner prohibited by law, unless the department determines that the ash or residue
<br /> is hazardous, by testing a representative sample of the ash or residue pursuant to criteria
<br /> adopted by the department.
<br /> (b) The fly ash, bottom ash, and flue gas emission control residues that are classified as
<br /> nonhazardous by the department are exempt from this chapter.
<br /> (c) An operator of a biomass facility which converts biomass into energy for which the
<br /> department has classified the ash or residue as hazardous shall notify the department whenever
<br /> there has been a significant change in the waste entering the combustion process, the
<br /> combustion process itself, or in the management of the ash or residues generated by the facility.
<br /> An operator of a biomass facility that converts biomass into energy, with regard to which the
<br /> department has classified the ash or residue as nonhazardous, shall notify the department when
<br /> there has been a significant change in the waste entering the combustion process or in the
<br /> combustion process itself.
<br /> (d) For purposes of classifying fly ash, bottom ash, and flue gas emission control residues
<br /> generated by the combustion of municipal solid waste in a facility, with regard to which the
<br /> department classified the ash or residue as nonhazardous, on or before January 1, 1985, the
<br /> sampling of the ash or residue, for purposes of classification by the department, shall occur at
<br /> the point in the process following onsite treatment of the ash or residue.
<br /> (e) Notwithstanding any other provision of law, this section applies only to fly ash, bottom ash,
<br /> and flue gas emission control residues which are not RCRA hazardous waste.
<br /> (f) Notwithstanding any other provision of law, the test specified in the regulations adopted by
<br /> the department with regard to a waste exhibiting the characteristic of corrosivity if
<br /> representative samples of the waste are not aqueous and produce a solution with a pH that is
<br /> less than, or equal to, two or greater than, or equal to, 12.5, as specified in paragraph (3) of
<br /> subdivision (a) of Section 66261.22 of Title 22 of the California Code of Regulations, as that
<br /> section read on January 1, 1996, shall not apply to ash generated from a biomass combustion
<br /> process that is managed in accordance with applicable regulations administered by the California
<br /> regional water quality control board, is used beneficially in a manner that results in lowering the
<br /> pH below 12.5 but above 2.0, is not accumulated speculatively, and is available for commercial
<br /> use.
<br /> (g) For purposes of this section, the following definitions shall apply:
<br /> (1) "Biomass combustion process" means a combustion process that has a primary energy
<br /> source of biomass or biomass waste, and of which 75 percent of the total energy input is from
<br /> those sources during any calendar year, and of which 25 percent or less of the other energy
<br /> sources do not include sewage sludge, industrial sludge, medical waste, hazardous waste,
<br /> radioactive waste, or municipal solid waste.
<br /> (2) "Biomass" or "biomass waste" means any organic material not derived from fossil fuels,
<br /> such as agricultural crop residues, bark, lawn, yard and garden clippings, leaves, silvicultural
<br /> residue, tree and brush pruning, wood and wood chips, and wood waste, including these
<br /> materials when separated from other waste streams. "Biomass" or "biomass waste" does not
<br /> include material containing sewage sludge, industrial sludge, medical waste, hazardous waste, or
<br /> radioactive waste.
<br /> Garrett Backus, Ld. Sr. REHS, CUPA programs
<br /> San Joaquin County Environmental Health Department
<br /> 1868 E Hazelton Ave, Stockton, CA 95205
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