Solid waste compost facilities: odor.

(1) Existing law, the California Integrated Waste Management Act of 1989, requires the Department of Resources Recycling and Recovery to adopt regulations governing the operation of organic composting sites, including odor management and threshold levels. The act prohibits the operation of a solid waste facility, as defined, without a solid waste facilities permit issued by the enforcement agency having jurisdiction over the facility. This bill would define terms and require the department to adopt, by July 1, 2012, regulations with which enforcement agencies would be required to comply when adopting site-specific objective odor performance thresholds for compost facilities. The bill would authorize a compost facility operator to apply to an enforcement agency to adopt performance thresholds and to pay an application fee in accordance with a fee schedule adopted by the enforcement agency, thereby imposing a state-mandated local program. The bill would prohibit an enforcement agency from verifying a complaint that originates from a compost facility unless the odor violates certain performance thresholds. The bill would also require a compost facility operator who submits an application to an enforcement agency to adopt performance thresholds to also submit to the department an annual odor regulation fee according to a fee schedule that the department would be required to establish. The bill would require the fees to be deposited in the Integrated Waste Management Account, for expenditure by the department, upon appropriation by the Legislature. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.