Section 17377.1 - Excluded OperationsThe solid waste handling operations and facilities listed in this section do not constitute nonhazardous ash transfer/processing operations, or disposal/monofill facilities for the purposes of this Article, and are not required to meet the requirements set forth herein.
(a) Transfer/processing operations of nonhazardous ash are excluded from the requirements of this Article when the only activity is: (1) the transfer/processing from land owned by a single nonhazardous ash generator source or leased by the generator, its parent, or subsidiary, to property owned or leased by the same generator, its parent, or subsidiary; or,(2) storage within a fully enclosed weathertight structure.(b) Nothing in this section precludes the enforcement agency or the CIWMB from inspecting an excluded operation or facility to verify that the operation or facility is being conducted in a manner that qualifies as an excluded operation or facility, or from taking any appropriate enforcement action.(c) Should the enforcement agency have information that a nonhazardous ash operation is not excluded in accordance with this section, the burden of proof shall be on the land owner or operator to demonstrate otherwise.Cal. Code Regs. Tit. 14, § 17377.1
1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 39). Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 39).