Section 21565 - CIWMB -Exemptions from Requirement of a Permit or Other Regulatory Tier Requirements. (T14:Section 18215) (California Code of Regulations)

§ 21565. CIWMB -Exemptions from Requirement of a Permit or Other Regulatory Tier Requirements. (T14:Section 18215)

(a) After a public hearing the EA may grant an exemption from the requirement that the operator of a facility or operation obtain a permit or comply with other Regulatory Tier Requirements established in Title 14, California Code of Regulations, section 18100 et seq. Such an exemption may be granted if the facility falls within one of the classifications in subsection (b) and all of the following findings are made:

(1) The exemption is not against the public interest.

(2) The quantity of solid wastes is insignificant.

(3) The nature of the solid wastes poses no significant threat to health, safety, or the environment.

(b) Classifications of solid waste facilities that may be exempted are:

(1) Facilities or portions thereof doing research funded primarily by government grants;

(2) Drilling mud disposal sumps for short-term use (less than one year) if significant quantities of hazardous or toxic materials are not present in the mud, fluids and cuttings from drilling and associated operations; [Note: currently, on-site sumps are exempted under T23 § 2511(g) & in § 20090(g) of this subdivision]

(3) Unclassified waste management units as defined by the State Water Resources Control Board (SWRCB), except as otherwise provided in CCR, Title 14, Division 7, Chapter 3.0, Article 5.95.

(4) Farm or ranch disposal sites for one- or two-family use;

(5) Resource Recovery facilities intended only for demonstration purposes and not for profit;

(6) Disposal sites to be used exclusively for one of the following: for spreading of either cannery wastes or oily wastes, mine tailings, ashes and residues, agricultural wastes, street sweepings, dirt from excavations, slag if disposed of on site, or waste water treatment sludge if disposed of on site or to specified agricultural lands; and

(7) Evaporation ponds for disposing of salts from oil and geothermal drilling operations.

(c) The EA may inspect any exempted facility in accordance with CCR, Title 14, Division 7, Chapter 5, Article 2.2, section18083. Where the EA has reason to believe that circumstances have changed and the findings made pursuant to subsection (a) can no longer be supported, the EA may, after holding a public hearing, rescind the exemption.

(d) All exemptions and rescissions of exemptions shall be forwarded to the CIWMB within seven days after the decision is issued.

[Comment: In exempting facilities, the EA should recognize that only facilities which are solid waste facilities or operations, as defined in Public Resources Code section 40194, must obtain either a permit or an exemption. The following are examples of facilities that need not apply for an exemption or a permit:

1.A facility solely engaged in purchase or sale of salvaged separated materials.

2.Scrap metal, glass, cardboard and fiber brokers and manufacturing firms, which utilize salvaged materials.

3.Recycling centers that only handle salvaged separated materials for reuse.

4.Salvaged separated material collection, storage, or processing activities.]

(1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 2. Amendment of section heading and section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28). 3. Amendment of subsection (b)(3) filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52). 4. Editorial correction of History3 (Register 2004, No. 2). 5. Editorial correction of section heading (Register 2004, No. 22).)

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020, 43021 and 43103, Public Resources Code.

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