8 CAR pt. 62, Appendix B. Guidelines for Determining Who Needs a Solid Waste Operator License

APPENDIX B GUIDELINES FOR DETERMINING WHO NEEDS A SOLID WASTE OPERATOR LICENSE WHO DOES: 1. A person who performs any operation at a solid waste management facility requiring individual judgment which may directly affect the proper operation of the solid waste management facility. An Operator shall not be deemed to include an official solely exercising general administrative supervision. 2. Any person performing waste screening for the exclusion of hazardous and polychlorinated biphenyl (PCB) wastes, except as excluded below in WHO DOES NOT, No. 18. 3. Any employee of a solid waste management facility who makes decisions as to where or how to dispose of waste. 4. Any employee of a solid waste management facility which physically and/or directly handles household garbage or operates associated equipment and meets the definition of an operator as defined above. 5. Operators of any solid waste management facility required to be permitted by the Division. 6. Persons who operate grinding, shredding, compacting, or baling equipment. 7. Any of the persons listed in the WHO DOES NOT section below which for some reason occasionally or temporarily fills in for someone or performs any duty as listed in the WHO DOES section of this Guideline. WHO DOES NOT: 1. A person who does not perform any operation at a solid waste management facility requiring individual judgment which may directly affect the proper operation of the solid waste management facility. Exclusions under this provision apply to personnel who perform repetitive tasks, who do not exercise any decision making authority and who work in a confined area which allows for direct supervision by an appropriately licensed individual. Examples of personnel who may meet this provision are: (a) municipal solid waste incinerator floor workers who are engaged in the loading of solid waste into an incinerator unit and/or municipal solid waste incinerator floor workers who engage in the cleaning up of spilled waste debris from the floor of the building. These workers shall receive direct supervision from a licensed operator who is present and who is responsible for checking all gauges, monitoring the operations, and performing all pertinent responsibilities which directly affect the proper operation of the facility; (b) waste tire processing facility workers whose sole duty is the loading of waste tires and waste tire residuals on a conveyor belt and who are directly supervised by a licensed operator who makes all decisions and performs all duties which directly affect the proper operation of the facility; and (c) waste tire processing facility workers or other individuals who engage in loading of waste tires and/or waste tire residuals onto a truck or trailer at an abatement site for the purpose of transporting said waste to a permitted site. 2. Commercial collectors and haulers. They are licensed by the Regional Solid Waste Management Districts. 3. Persons picking up blown litter. 4. Persons engaged in cell construction at a landfill. 5. Shop mechanics whose sole duties are to repair or perform service on landfill equipment. 6. Office personnel who have no duties or responsibilities which affect the management of the waste at a facility such as waste screening or making decisions regarding waste handling or disposal, except as excluded below in WHO DOES NOT, No. 18. 7. Clerks or other persons who weigh trucks and make out tickets but who do not screen the waste or decide where the waste is to be disposed or how, except as excluded below in WHO DOES NOT, No. 18. 8. Persons whose sole duty is to perform dirt work away from the working face/active cell of a landfill. 9. Persons who haul dirt and dump it where an operator instructs and leave it for an operator to manage. 10. Persons who haul and deposit yard waste at a composting facility but who do not perform duties such as operation of the facility or the grinding up or turning of the waste. 11. Transfer station truck drivers who do not operate the transfer facility or perform any other operational duties such as compacting of the waste. 12. Persons who are employed by a Waste Tire Processing Facility for the sole purpose of making a new product from the recycled rubber. 13. Persons employed by a tire dealership who operate a tire splitter for the sole benefit of that dealership. 14. Secretarial or clerical personnel employed by a Waste Tire Processing Facility who have no duties or responsibilities which affect the management of the waste. 15. Truck drivers or other individuals (whether facility employees or contract workers) who transport waste to private Class III industrial landfills where an operator screens and takes over the disposal decisions, duties, and responsibilities. 16. Persons who haul their own generated waste to a solid waste management facility. 17. Persons overseeing closure and post-closure care. 18. Landfill gate keepers, office personnel, or clerks whose sole operational duty is limited to waste screening, as long as said personnel maintain a minimum of six (6) hours of training yearly in waste screening for the exclusion of hazardous and polychlorinated biphenyl (PCB) wastes with record of training hours to be maintained at the facility. 19. Persons engaged in the abatement of unpermitted solid waste disposal sites. NOTE: This Guideline is provided as an aid in determining which solid waste management facility personnel meet the statutory definition of “operator” and may not directly address all duties areas and responsibilities of solid waste management facility personnel. However, additional information may be secured by contacting the Solid Waste Management Division, Licensing Program.