Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) For the
purposes of these articles:
(0.5)
"Consolidation Sites" means facilities or operations that receive solid waste
for the purpose of storing the waste prior to transfer directly from one
container to another or from one vehicle to another for transport and which do
not conduct processing activities. Consolidation activities include, but are
not limited to, limited volume transfer operations, sealed container transfer
operations, and direct transfer facilities.
(1) "Contact Water" means water that has come
in contact with waste and may include leachate.
(1.5) "Contamination" or "Contaminants" has
the same meaning as "prohibited container contaminants" as defined in Section
18982(a)(55).
(2) "Covered Container" means a container
that is covered to prevent the migration of litter from the container,
excessive infiltration of precipitation, odor and leachate production, and to
prevent access by animals and people; thereby controlling litter, scavenging,
and illegal dumping of prohibited wastes. Covers may include, but are not
limited to, tarpaulins or similar materials.
(3) "Direct Transfer Facility" means a
transfer facility that receives equal to or more than 60 cubic yards or 15 tons
(whichever is greater) of solid waste per operating day but less than 150 tons
of solid waste and meets all of the following requirements:
(A) is located on the premises of a duly
licensed solid waste hauling operator;
(B) only handles solid waste that has been
placed within covered containers or vehicles prior to entering the facility and
that is transported in vehicles owned or leased by that same
operator;
(C) the facility does not
handle, separate, or otherwise process the solid waste;
(D) no waste is stored at the facility for
more than any 8-hour period;
(E)
solid waste is transferred only once and directly from one covered container or
vehicle to another covered container or vehicle so that the waste is never put
on the ground or outside the confines of a container or vehicle, before,
during, or after transfer. Direct transfer would not include top loading
trailers where the solid waste actually leaves the confines of the collection
vehicle and is suspended in air before falling into a transfer
vehicle;
(F) all of the contents of
the original transferring container or vehicle must be emptied during a single
transfer; and
(G) any waste that
may unintentionally fall outside of the containers or vehicles, is promptly
cleaned up and replaced within the container or vehicle to which it was being
transferred.
(4) "DTSC"
means Department of Toxic Substances Control.
(5) "EA" means enforcement agency as defined
in PRC section
40130.
(6) "Emergency Transfer/Processing Operation"
means an operation that is established because there has been a proclamation of
a state of emergency or local emergency, as provided in Title 14, Division 7,
Chapter 3, Article 3, sections
17210.1 (j) and
(k) and which meets all of the following
requirements:
(A) the operation handles only
disaster debris and other wastes, in accordance with section
17210.1(d),
during the disaster debris recovery phase; and
(B) the location does not currently have a
solid waste facility permit;
(C) if
the operation accepts, processes, or stores hazardous or household hazardous
waste, then these activities must be in compliance with DTSC standards or
standards of other appropriate authorities or agencies.
(6.5) "Gray Container Waste" or "Gray
Container Collection Stream" means solid waste that is collected in a gray
container that is part of a three-container organic waste collection service
that prohibits the placement of organic waste in the gray container as
specified in Section
18984.1(a) and
(b).
(7) "Hazardous Wastes" means any waste which
meets the definitions set forth in Title 22, Section
66261.3, et seq. and is required
to be managed.
(7.5) "Incompatible
Material" or "Incompatibles," means human-made inert material, including, but
not limited to, glass, metal, plastic, and also includes organic waste for
which the receiving end-user, facility, operation, property, or activity is not
designed, permitted, or authorized to perform organic waste recovery activities
as defined in Section
18983.1(b) of
Article 2, Chapter 12.
(8) "Large
Volume Transfer/Processing Facility" means a facility that receives 100 tons or
more of solid waste per operating day for the purpose of storing, handling or
processing the waste prior to transferring the waste to another solid waste
operation or facility.
(A) In determining the
tonnage of solid waste received by the facility, the following materials shall
not be included: materials received by a recycling center located within the
facility, and by beverage container recycling programs in accordance with
Public Resources Code sections
14511.7,
14518,
or
14520,
if the recycling activities are separated from the solid waste handling
activities by a defined physical barrier or where the activities are otherwise
separated in a manner approved by the EA.
(B) If the facility does not weigh the solid
waste received, then the tonnage shall be determined by using a volumetric
conversion factor where one cubic yard is equal to 500 pounds. The EA shall
approve an alternate conversion factor if the operator demonstrates that it is
more accurate than the required conversion factor.
(9) "Limited Volume Transfer Operation" means
an operation that receives less than 60 cubic yards, or 15 tons of solid waste
per operating day for the purpose of storing the waste prior to transferring
the waste to another solid waste operation or facility and which does not
conduct processing activities, but may conduct limited salvaging activities and
volume reduction by the operator.
(A) In
determining the tonnage of solid waste received by the operation, the following
materials shall not be included: materials received by a recycling center
located within the operation, and by beverage container recycling programs in
accordance with Public Resources Code sections
14511.7,
14518,
or
14520,
if the recycling activities are separated from the solid waste handling
activities by a defined physical barrier or where the activities are otherwise
separated in a manner approved by the EA.
(B) If the operation does not weigh the solid
waste received, then the tonnage shall be determined by using a volumetric
conversion factor where one cubic yard is equal to 500 pounds. The EA shall
approve an alternate conversion factor if the operator demonstrates that it is
more accurate than the required conversion factor.
(10) "Litter" means all solid waste which has
been improperly discarded or which has migrated by wind or equipment away from
the operations area. Litter includes, but is not limited to, convenience food,
beverage, and other product packages or containers constructed of steel,
aluminum, glass, paper, plastic, and other natural and synthetic materials,
thrown or deposited on the lands and waters of the state.
(11) "Medium Volume Transfer/Processing
Facility" means a facility that receives equal to or more than 60 cubic yards
or 15 tons (whichever is greater) of solid waste per operating day but less
than 100 tons of solid waste, for the purpose of storing or handling the waste
prior to transferring the waste to another solid waste operation or facility;
or a facility that receives any amount of solid waste, up to 100 tons per
operating day, for the purpose of processing solid waste prior to transferring
the waste to another solid waste operation or facility.
(A) In determining the tonnage of solid waste
received by the facility, the following materials shall not be included:
materials received by a recycling center located within the facility, and by
beverage container recycling programs in accordance with Public Resources Code
sections
14511.7,
14518,
or
14520,
if the recycling activities are separated from the solid waste handling
activities by a defined physical barrier or where the activities are otherwise
separated in a manner approved by the EA.
(B) If the facility does not weigh the solid
waste received, then the tonnage shall be determined by using a volumetric
conversion factor where one cubic yard is equal to 500 pounds. The EA shall
approve an alternate conversion factor if the operator demonstrates that it is
more accurate than the required conversion factor.
(11.5) "Mixed Waste Organic Collection
Stream" means organic waste collected in a container that is required by
Section 18984.1,
18984.2, or
18984.3 to be transported to a
high diversion organic waste processing facility.
(12) "Nuisance" includes anything which:
(A) is injurious to human health or is
indecent or offensive to the senses and interferes with the comfortable
enjoyment of life or property, and
(B) affects at the same time an entire
community, neighborhood or any considerable number of persons. The extent of
annoyance or damage inflicted upon an individual may be
unequal.
(13) "On-site"
means located within the boundary of the operation or facility.
(14) "Open burning" means the combustion of
solid waste without:
(A) control of combustion
air to maintain adequate temperature for efficient combustion,
(B) containment of the combustion reaction in
an enclosed device to provide sufficient residence time and mixing for complete
combustion, and
(C) control of the
emission of the combustion products.
(15) "Operating day" means the hours of
operation as set forth in the application, Enforcement Agency Notification
and/or permit not exceeding 24 hours.
(16) "Operating Record" means an easily
accessible collection of records of an operation's or facility's activities and
compliance with required state minimum standards under Title 14. The Record may
include the Facility Plan or Transfer/Processing Report for facilities, and
shall contain but is not limited to containing: agency approvals, tonnage and
loadchecking records, facility contacts and training history. The record may be
reviewed by state and local authorities and shall be available during normal
business hours. If records are too voluminous to place in the main operating
record or if the integrity of the records could be compromised by on-site
storage, such as exposure to weather, they may be maintained at an alternative
site, as long as that site is easily accessible to the EA.
(17) "Operations Area" means:
(A) the following areas within the boundary
of an operation or facility as described in the permit application or
Enforcement Agency Notification:
(i) equipment
management area, including cleaning, maintenance, and storage areas;
and
(ii) material and/or solid
waste management area, including unloading, handling, transfer, processing, and
storage areas.
(B) the
boundary of the operations area is the same as the permitted boundary but may
or may not be the same as the property boundary.
(18) "Operator" means the owner, or other
person who through a lease, franchise agreement or other arrangement with the
owner, that is listed in the permit application or Enforcement Agency
Notification, is legally responsible for all of the following:
(A) complying with regulatory requirements
set forth in these Articles;
(B)
complying with all applicable federal, state and local requirements;
(C) the design, construction, and physical
operation of the operations area;
(D) controlling the activities at an
operation or facility as listed on the permit application or Enforcement Agency
Notification.
(18.4)
"Organic Waste Recovery Activities," or "Recovery" has the same meaning as
defined in Section
18982(a)(49).
(18.5) "Organic Waste" has the same meaning
as in Section
18982(a)(46).
(19) "Owner" means the person or persons who
own, in whole or in part, an operation or facility, and/or the land on which it
is located.
(20) "Processing" means
the controlled separation, recovery, volume reduction, conversion, or recycling
of solid waste including, but not limited to, organized, manual, automated, or
mechanical sorting, the use of vehicles for spreading of waste for the purpose
of recovery, and/or includes the use of conveyor belts, sorting lines or volume
reduction equipment. Recycling Center is more specifically defined in section
17402.5(d) of
this Article.
(21) "Putrescible
Wastes" include wastes that are capable of being decomposed by micro-organisms
with sufficient rapidity as to cause nuisances because of odors, vectors, gases
or other offensive conditions, and include materials such as, but not limited
to food wastes, offal and dead animals. The EA shall determine on a
case-by-case basis whether or not a site is handling putrescible
wastes.
(22) "Regulated Hazardous
Waste" means a hazardous waste, as defined in section
66260.10 of Division 4.5 of Title
22.
(23) "RWQCB" means the Regional
Water Quality Control Board.
(23.5)
"Remnant Organic Material" means the organic waste that is collected in a gray
container that is part of the gray container collection stream.
(23.6) "Reporting Period" has the same
meaning as defined in Section
18815.2
(a)(49).
(24) "Salvaging" means the controlled
separation of solid waste material which do not require further processing, for
reuse or recycling prior to transfer activities.
(25) "Scavenging" means the uncontrolled
and/or unauthorized removal of solid waste materials.
(26) "Sealed Container Transfer Operation"
means a transfer operation that meets the following requirements:
(A) handles only solid waste that has
previously been placed within containers that have either a latched, hard top
or other impermeable cover which is closed tightly enough to:
(1) prevent liquid from infiltrating into or
leaking out of the container; and
(2) prevent the propagation and migration of
vectors; and,
(i) the solid waste remains
within the unopened containers at all times while on-site; and,
(ii) the containers are not stored on-site
for more than 96 hours. Sealed container transfer operations do not include
operations excluded by Public Resources Code section
40200(b)(3).
(26.5) "Secondary Material Processing
Facility" or "Operation" means an activity whose primary purpose is to receive
and process source separated, or separated for reuse, materials from a
permitted transfer/processing facility or a transfer/processing operation
governed by an enforcement agency notification, and that does not meet the
residual percentage or putrescible waste percentage as set forth in section
17402.5(d).
Materials include, but are not limited to, glass, plastics, paper, and
cardboard.
(A) Secondary Material Processing
Operations are those activities that:
1. Are
governed by the Enforcement Agency Notification tier requirements as specified
in section
17403.3.2; and,
2. Receive an amount of residual material
that is less than 40% by weight as calculated on a monthly basis. Operations
that do not meet this residual requirement shall comply with the Registration
Permit tier requirements specified in 17403.3.3.
(B) Secondary Material Processing Facilities
are those activities that:
1. Are governed by
the Registration Permit tier requirements as specified in section
17403.3.3; and,
2. Do not meet the 40% residual material
requirement as specified in subdivision (A).
(26.6) "Source Separated Organic Waste" or
"Source Separated Organic Waste Collection Stream" means organic waste that is
collected in a green container as specified in Sections
18984.1(a)(1) and
18984.2(a)(1),
"source separated blue container organic waste," as defined in this Subsection
(a)(26.7), organic waste collected in an additional container as specified in
Section 18984.1(a)(6),
and organic waste collected in an "uncontainerized green waste and yard waste
collection service," as defined in Section
18982.
(26.7) "Source Separated Blue Container
Organic Waste" means the organic wastes collected in a blue container that is
limited to the collection of those organic wastes and non-organic recyclables
as defined in Section
18982(a)(43).
(27) "Special Waste" includes but is not
limited to:
(A) waste requiring special
collection, treatment, handling, storage, or transfer techniques as defined in
Title 22, section
66260.10.
(B) waste tires and appliances requiring CFC
removal.
(28) "Spotter"
means an employee who conducts activities that include, but are not limited to,
traffic control, hazardous waste recognition and removal for proper handling,
storage and transport or disposal, and protection of the public from health
and/or safety hazards.
(29) "Store"
means to stockpile or accumulate for later use.
(30) "Transfer/Processing Facility" or
"Facility" includes:
(A) those activities
governed by the Registration Permit tier or Full Solid Waste Facility Permit
requirements (as specified in sections
17403.6 and
17403.7); and,
(B) which:
1. receive, handle, separate, convert or
otherwise process materials in solid waste; and/or
2. transfer solid waste directly from one
container to another or from one vehicle to another for transport;
and/or
3. store solid
waste;
(C) The receipt of
separated for reuse material pursuant to Public Resources Code, Division 12.1,
Chapter 2, sections
14511.7,
14518, or
14520, located within a solid
waste facility does not constitute solid waste handling, or processing, if
there is a defined physical barrier to separate recycling activities defined in
Public Resources Code, Division 12.1, Chapter 2, sections
14511.7,
14518, or
14520, from the solid waste
activities, or where the recycling and solid waste activities are considered by
the EA as separate operations.
(D)
"Transfer/Processing Facilities" do not include activities specifically defined
in section
17402.5(c) of
this Article, and operations and facilities that are subject to regulations in
Chapter 3.1 (commencing with section
17850).
(31) "Transfer/Processing Operation" or
"Operation" includes:
(A) those activities
governed by the EA Notification tier requirements; and,
(B) which:
1. receive, handle, separate, convert or
otherwise process materials in solid waste; and/or
2. transfer solid waste directly from one
container to another or from one vehicle to another for transport;
and/or
3. store solid
waste;
(C) The receipt of
separated for reuse material pursuant to Public Resources Code, Division 12.1,
Chapter 2, sections
14511.7,
14518, or
14520, located within a solid
waste operation does not constitute solid waste handling, or processing, if
there is a defined physical barrier to separate recycling activities defined in
Public Resources Code, Division 12.1, Chapter 2, sections
14511.7,
14518, or
14520, from the solid waste
activities, or where the recycling and solid waste activities are considered by
the EA as separate operations.
(D)
"Transfer/Processing Operations" do not include activities specifically defined
in section
17402.5(c) of
this Article, and operations and facilities that are subject to regulations in
Chapter 3.1 (commencing with section
17850).
(32) "Volume Reduction" means techniques such
as: compaction, shredding, and baling.
(33) "Waste Hauling Yard Operation" is an
operation that meets the following requirements:
(A) is located on the premises of a duly
licensed solid waste hauling operator, who receives, stores, or transfers waste
as an activity incidental to the conduct of a refuse collection and disposal
business, and;
(B) handles only
solid waste that has been placed within a covered container before the
container arrives at the waste hauling yard, and;
(C) no more than 90 cubic yards of waste is
stored on-site in covered containers at any time, and;
(D) the solid waste remains within the
original covered containers while on-site at any times, and;
(E) the covered containers are not stored
on-site for more than any 72 hour period;
(F) if the EA has information that the
operation does not meet these requirements, the burden of proof shall be on the
owner or operator to demonstrate that the requirements are being
met.
1. New
section filed 10-11-96; operative 10-11-96 pursuant to Government Code section
11343.4(d)
(Register 96, No. 41).
2. Amendment of 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 subsections (a)(30)(D) and
(a)(31)(D) 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 subsections (a)(30)(D) and (a)(31)(D) 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
amendment of subsection (a)(21), transmitted to OAL 8-22-2002 and filed
9-30-2002 (Register 2002, No. 40).
6. New subsection (a)(6.5) filed
10-4-2016 as an emergency; operative 10-4-2016 (Register 2016, No. 41). A
Certificate of Compliance must be transmitted to OAL by 4-3-2017 or emergency
language will be repealed by operation of law on the following
day.
7. New subsection (a)(6.5) refiled 4-3-2017 as an emergency;
operative 4-3-2017 (Register 2017, No. 14). A Certificate of Compliance must be
transmitted to OAL by 7-3-2017 or emergency language will be repealed by
operation of law on the following day.
8. New subsection (a)(6.5)
refiled 7-18-2017 as an emergency; operative 7-18-2017 (Register 2017, No. 29).
A Certificate of Compliance must be transmitted to OAL by 10-16-2017 or
emergency language will be repealed by operation of law on the following
day.
9. Certificate of Compliance as to 7-18-2017 order, including
repealer of subsection (a)(6.5) and new subsection (a)(26.5), transmitted to
OAL 10-13-2017 and filed 11-28-2017; amendments effective 11-28-2017 pursuant
to Government Code section
11343.4(b)(3)
(Register 2017, No. 48).
10. New subsections (a)(0.5), (a)(1.5),
(a)(6.5), (a)(7.5), (a)(11.5), (a)(18.4)-(18.5), (a)(23.5)-(23.6) and
(a)(26.6)-(26.7) and amendment of NOTE 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.