Section 17409.5.9 - Alternatives to Measurement Protocols(a) The EA may approve, with concurrence by the Department, alternative measurement protocols to the requirements of Sections 17409.5.2, 17409.5.3, 17409.5.4, 17409.5.5, 17409.5.7, and 17409.5.8, as long as they will still ensure that the measurements will be as accurate. The Department shall concur with the EA approval if it finds that the alternative measurement protocols will ensure that the measurements will be as accurate. For the purposes of this section, alternative measurement protocols may include, but are not limited to, measurements made with a different sampling frequency and/or weight than those specified in this article.(b) When required by this article, the operator shall report tonnages using a scale. If scales are not accessible, the EA may approve, with written notification to the Department, the operator to report the tonnages using a method described in Section 18815.9(g).(c) The EA may approve, with written concurrence by the Department, a substitute to certain requirements to sample and measure specific types of organic waste that are designated for an organic waste recovery activity with a quality standard imposed on the operator by the person, entity, or solid waste facility or operation accepting that organic waste type as specified in this subdivision. The Department shall concur with the EA approval if it verifies that there is a quality standard imposed on the operator by the person, entity, or solid waste facility or operation accepting that organic waste type as specified in this subdivision and that the standard meets the requirements in Subdivision (c)(1)(A) through (G), below. (1) The EA may waive the requirements in Sections 17409.5.2, 17409.5.4 and 17409.5.8 to sample a type of organic waste that the operator recovered from the source separated organic waste collection stream or from the mixed waste organic collection stream if the following apply: (A) The person, entity, or solid waste facility or operation accepting that organic waste type requires the operator to demonstrate that the presence of incompatible materials in the organic waste type is less than or equal to the level of incompatible materials specified in Section 17409.5.8(a);(B) The person, entity, or solid waste facility or operation accepting that organic waste type requires the operator to demonstrate the presence of incompatible materials through sampling;(C) The sampling protocol that is used to meet the quality standard of the person, entity, or solid waste facility or operation accepting that organic waste type is designed to accurately reveal the percentage of incompatible material by weight that is present in the samples;(D) The end-user and the operator have a contract or written agreement specifying the sampling protocol and the maximum level of incompatible materials allowed in the organic material before it is accepted by the end-user;(E) The contract or written agreement is available for review by the EA;(F) The sampling protocol is at least as effective as the sampling required in Sections 17409.5.2, 17409.5.4 and 17409.5.8; and(G) The operator allows the EA to observe sampling upon request.(d) An operator that is authorized to substitute a quality standard for sampling requirements as specified in Subdivision (c) for a specific type of recovered organic waste type shall apply the weight of incompatible materials as measured in the quality standard to total weight of that organic waste type for the purposes of determining organic waste recovery efficiency as specified in Section 17409.5.1.Cal. Code Regs. Tit. 14, § 17409.5.9
1. New section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45). Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code; and Section 39730.6, Health and Safety Code.
1. New section filed 11-3-2020; operative 1/1/2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).