View as a webpage  /  Share

Notice of Illegal Disposal Emergency Regulations 

The Department of Resources Recycling and Recovery (CalRecycle) proposes to adopt emergency regulations that define Land Application Activities and place these activities within CalRecycle’s Compostable Material Handling Facilities and Operations Regulatory Tiers and subject these activities to the appropriate operator filing requirements, state minimum standards, record keeping, and Enforcement Agency (EA) inspection requirements. The proposed regulations ensure that these activities which are land applying compostable material or digestate are appropriately regulated by the EA to ensure protection of public health and safety and the environment.

Additionally, these proposed regulations amend the sampling and record keeping requirement for solid waste facilities, operations, and activities to ensure that any facility and operation sending material to a location to be land applied are sampling to ensure the material is suitable for land application, consistent with section 17852(a)(24.5), and the sampling test results, weights, and end destination for each load sent offsite are included in the operator records. These proposed regulations allow EAs to review this new recordkeeping data to track the flow of material, investigate, and enforce land application activities to prevent unlawful disposal of material. 

The proposed emergency regulations will amend the California Code of Regulations (CCR), commencing with Section 17402, Chapter 3, Division 7 of Title 14.

The public comment period permits any interested person, or their authorized representative, to submit written comments addressing the proposed amendments. Written comments which offer recommendations, objections, support for, or opposition to the proposed amendments should indicate the amended section(s) to which the comment or comments are directed. The public comment period will commence on February 4, 2025, when the emergency regulations are posted on Office of Administrative Law’s (OAL) website. The public comment period will close on February 10, 2025. Written comments received after the close of the public comment period will not be responded to in the rulemaking file.

Comments on the proposed emergency regulations must be submitted directly to OAL within the comment period stated above. You may submit comments to the OAL Reference Attorney through one of the following methods:

Mail:

300 Capitol Mall

Suite 1250

Sacramento, California

95814

Fax:

(916) 323-6826

OAL will confirm that CalRecycle has received the comment before considering it. The comment must state that it is about the emergency regulation currently under OAL review and include the topic of the emergency rulemaking.

When submitting a comment to OAL, a copy of the comment must also be submitted to CalRecycle through one of the following methods:

Mail:

Csilla Richmond

Illegal Disposal Emergency Regulations

Department of Resources Recycling and Recovery, Regulations Unit

1001 “I” Street, MS-24B Sacramento, CA 95814

Please note that under the California Public Records Act (Government Code section 7920.000 et seq.), your written and oral comments, attachments, and associated contact information (e.g., your address, phone number, email address, etc.) become part of the public record and can be released to the public upon request.

The Notice of Proposed Emergency Action, Finding of Emergency, and Regulation Text are available below.

All rulemaking documents, including the STD 399 Economic and Fiscal Impact Statement and all Documents Relied Upon, can be accessed on CalRecycle's website linked below: 

All rulemaking documents are available for public inspection during normal business hours at CalRecycle, 1001 “I” Street, 24th Floor, Sacramento, CA 95814. To schedule a time to inspect these documents, please contact Csilla Richmond at the email address below.

Contact Us

Csilla Richmond

(916) 327-0089