Section 17400 - Authority and Scope(a) Articles 6.0, 6.1, 6.2, 6.3, and 6.35 set forth permitting requirements and minimum operating standards for operations and facilities that receive, store, handle, recover, transfer, or process solid waste which are subject to the requirements of these Articles. The regulatory tier requirements of sections 17403 through 17403.9 are not applicable to operations and facilities that are subject to regulations elsewhere in this Chapter, including but not limited to, Article 5.6 (commencing at section 17360); and in Chapter 3.1 (commencing with section 17850). Activities placed within the excluded tier in other parts of this Division, may still be subject to these regulatory requirements.(b) These Articles are adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act.(c) These Articles implement those provisions of the Act relating to receipt, storage, handling, recovery, transfer, or processing of solid waste. Nothing in these Articles limits or restricts the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict cities and counties from promulgating laws which are as strict or stricter than the regulations contained in these Articles. However, no city or county may promulgate laws which are inconsistent with the provisions of these Articles.(d) No provision in these Articles shall be construed as relieving any owner, operator, or designee from obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, or reports, or other requirements of other regulatory or enforcement agencies, including but not limited to, local heath agencies, regional water quality control boards, Department of Toxic Substances Control, California Department of Industrial Relations, Division of Occupational Safety and Health, air quality management districts or air pollution control districts, local land use authorities, and fire authorities.(e) No provision in these Articles is intended to require the owner or operator of an operation to comply with the Enforcement Agency Notification requirements, or the owner or operator of a facility to obtain a tiered permit in accordance with Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2.0, 3.0 and 3.1 of the California Code of Regulations (commencing with section 21570) et seq. and Title 14, Division 7, Chapter 5.0, Article 3.0, (commencing with section 18100); if that owner or operator already has a valid full solid waste facility permit and, that permit authorizes the transfer/processing operation or facility.(f) Notwithstanding subsection (a) of this section, if a Chipping and Grinding Operation or Facility, as defined in section 17852(k) of this Division, handles material that fails to meet the definition of green material due to contamination as set forth in section 17852(u) of this Division, the operation or facility: (1) shall be subject to these regulatory requirements,(2) shall not be considered to be a recycling center as set forth in subsections (c) or (d) of section 17402.5, and(3) shall not qualify as an excluded operation as set forth in section 17403.1.Cal. Code Regs. Tit. 14, § 17400
1. Renumbering of old article 6 heading to new article 6.4, new article 6.0 (sections 17400-17405.0) and section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of article heading, section and NOTE filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
3. Amendment of subsection (a) filed 8-13-2001 as an emergency; operative 2-11-2002 (Register 2001, No. 33). A Certificate of Compliance must be transmitted to OAL by 7-11-2002 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (a) refiled 6-13-2002 as an emergency; operative 6-13-2002 (Register 2002, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2002 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-13-2002 order, including further amendment of subsection (a) and new subsections (f)-(f)(3), transmitted to OAL 8-22-2002 and filed 9-30-2002 (Register 2002, No. 40). Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
1. Renumbering of old article 6 heading to new article 6.4, new article 6.0 (sections 17400-17405.0) and section filed 10-11-96; operative 10-11-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of article heading, section and Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 11).
3. Amendment of subsection (a) filed 8-13-2001 as an emergency; operative 2-11-2002 (Register 2001, No. 33). A Certificate of Compliance must be transmitted to OAL by 7-11-2002 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (a) refiled 6-13-2002 as an emergency; operative 6-13-2002 (Register 2002, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2002 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-13-2002 order, including further amendment of subsection (a) and new subsections (f)-(f)(3), transmitted to OAL 8-22-2002 and filed 9-30-2002 (Register 2002, No. 40).