Added by Stats. 1989, Ch. 1095, Sec. 22.
Unless the context otherwise requires, the definitions in this article govern the construction of this division.
Chapter 2 - Definitions
California Public Resources Code — §§ 40100-40201
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Sections (56)
Added by Stats. 1989, Ch. 1095, Sec. 22.
“Authorized recycling agent” means a person that a local governing body or private commercial entity authorizes or contracts with to collect its recyclable waste material. An authorized recycling agency may be a municipal collection service, private refuse hauler, private recycling enterprise, or private nonprofit corporation or association.
Amended by Stats. 2014, Ch. 746, Sec. 1. (SB 498) Effective January 1, 2015.
(a)“Biomass conversion” means the production of heat, fuels, or electricity by the controlled combustion of, or the use of other noncombustion thermal conversion technologies on, the following
materials, when separated from other solid waste:
(1)Agricultural crop residues.
(2)Bark, lawn, yard, and garden clippings.
(3)Leaves, silvicultural residue, and tree and brush pruning.
(4)Wood, wood chips, and wood waste.
(5)Nonrecyclable pulp or nonrecyclable paper materials.
(b)“Biomass conversion” does not include the controlled combustion of recyclable pulp or recyclable paper materials, or materials that contain sewage sludge, industrial sludge, medical waste, hazardous waste, or either high-level or low-level radioactive
waste.
(c)For purposes of this section, “nonrecyclable pulp or nonrecyclable paper materials” means either of the following, as determined by the department:
(1)Paper products or fibrous materials that cannot be technically, feasibly, or legally recycled because of the manner in which the product or material has been manufactured, treated, coated, or constructed.
(2)Paper products or fibrous materials that have become soiled or contaminated and as a result cannot be technically, feasibly, or legally recycled.
Amended by Stats. 2009, Ch. 21, Sec. 5. (SB 63) Effective January 1, 2010.
“Board” means the Department of Resources Recycling and Recovery, or the Director of Resources Recycling and Recovery, as appropriate.
Added by Stats. 1989, Ch. 1096, Sec. 2.
“City” or “county” includes city and county.
Added by Stats. 2008, Ch. 500, Sec. 1. Effective January 1, 2009.
“Closed disposal site” means a disposal site that ceases to accept solid waste and is closed in accordance with applicable statutes, regulations, and local ordinances in effect at the time of the closure.
Amended by Stats. 1990, Ch. 145, Sec. 3. Effective June 19, 1990.
“Compost” means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. “Compost” includes vegetable, yard, and wood wastes which are not hazardous waste.
Added by Stats. 2008, Ch. 500, Sec. 2. Effective January 1, 2009.
“Composting” means the controlled or uncontrolled biological decomposition of organic wastes.
Amended by Stats. 2008, Ch. 179, Sec. 192. Effective January 1, 2009.
“Gasification” means a technology that uses a noncombustion thermal process to convert solid waste to a clean burning fuel for the purpose of generating electricity, and that, at minimum, meets all of the following criteria:
(a)The technology does not use air or oxygen in the conversion process, except ambient air to maintain temperature control.
(b)The technology produces no discharges of air contaminants or emissions, including greenhouse gases, as defined in subdivision (g) of Section 38505 of the Health and Safety Code.
(c)The technology produces no discharges to surface or groundwaters of the state.
(d)The technology produces no hazardous waste.
(e)To the maximum extent feasible, the technology removes all recyclable materials and marketable green waste compostable materials from the solid waste stream prior to the conversion process and the owner or operator of the facility certifies that those materials will be recycled or composted.
(f)The facility where the technology is used is in compliance with all applicable laws, regulations, and ordinances.
(g)The facility certifies to the board that any local agency sending solid waste to the facility is in compliance with this division and has reduced, recycled, or composted solid waste to the maximum extent feasible, and the board makes a finding that the local agency has diverted at least 30 percent of all solid waste through source reduction, recycling, and composting.
Added by Stats. 2010, Ch. 275, Sec. 1. (SB 390) Effective January 1, 2011.
“Department” means the Department of Resources Recycling and Recovery.
Added by Stats. 1989, Ch. 1095, Sec. 22.
“Designated recycling collection location” means the place where an authorized recycling agent has contracted with either the local governing body or a private entity to pick up recyclable material segregated from other waste material. “Designated recycling collection location” includes, but is not limited to, the curbside of a residential neighborhood or the service alley of a commercial enterprise.
Added by Stats. 2009, Ch. 21, Sec. 6. (SB 63) Effective January 1, 2010.
“Director” means the Director of Resources Recycling and Recovery.
Amended by Stats. 2008, Ch. 500, Sec. 3. Effective January 1, 2009.
“Disposal” or “dispose” has the same meaning as “solid waste disposal” as defined in Section 40192.
Amended by Stats. 2013, Ch. 411, Sec. 1. (AB 1126) Effective January 1, 2014.
“Disposal facility” or “facility” means a facility or location where disposal of solid waste occurs or an EMSW conversion facility.
Amended by Stats. 2008, Ch. 500, Sec. 4. Effective January 1, 2009.
“Disposal site” or “site” means the place, location, tract of land, area, or premises in use, intended to be used, or which has been used, for the disposal of solid wastes.
Added by Stats. 1996, Ch. 978, Sec. 2. Effective January 1, 1997.
“Diversion” means activities which reduce or eliminate the amount of solid waste from solid waste disposal for purposes of this division, including Article 1 (commencing with Section 41780) of Chapter 6.
Added by Stats. 2008, Ch. 343, Sec. 2. Effective January 1, 2009.
“Diversion program” means a program in the source reduction and recycling element of a jurisdiction’s integrated waste management plan, specified in Chapter 2 (commencing with Section 41000) of, or Chapter 3 (commencing with Section 41300) of, Part 2 and that has the purpose of diverting solid waste from landfill disposal or transformation through source reduction, recycling, and composting activities. “Diversion program” additionally includes any amendments, revisions, or updates to the element, and any programs set forth in a time extension, alternative requirement, or compliance order approved by the board pursuant to Part 2 (commencing with Section 40900).
Added by Stats. 1989, Ch. 1095, Sec. 22.
“Enforcement agency” means the local agency designated pursuant to Article 1 (commencing with Section 43200) of Chapter 2 of Part 4 for the purpose of carrying out this division, or the board if no designation of a local agency has been approved by the board.
Added by Stats. 1989, Ch. 1095, Sec. 22.
“Enforcement program” means the regulations and procedures adopted by the board pursuant to Chapter 2 (commencing with Section 43200) of Part 4.
Added by Stats. 2013, Ch. 411, Sec. 2. (AB 1126) Effective January 1, 2014.
(a)“Engineered municipal solid waste conversion” or “EMSW conversion” means the conversion of solid waste through a process that meets all of the following requirements:
(1)The waste to be converted is beneficial and effective in that it replaces or supplements the use of fossil fuels.
(2)The waste to be converted, the resulting ash, and any other products of conversion do not meet the criteria or guidelines for the identification of a hazardous waste adopted by the Department of Toxic Substances Control pursuant to Section 25141 of the Health and Safety Code.
(3)The conversion is efficient and maximizes the net calorific value and burn rate of the waste.
(4)The waste to be converted contains less than 25 percent moisture and less than 25 percent noncombustible waste.
(5)The waste received at the facility for conversion is handled in compliance with the requirements for the handling of solid waste imposed pursuant to this division, and no more than a seven-day supply of that waste, based on the throughput capacity of the operation or facility, is stored at the facility at any one time.
(6)No more than 500 tons per day of waste is converted at the facility where the operation takes place.
(7)The waste has
an energy content equal to, or greater than, 5,000 BTU per pound.
(8)The waste to be converted is mechanically processed at a transfer or processing station to reduce the fraction of chlorinated plastics and materials.
(b)“Engineered municipal solid waste conversion facility” or “EMSW facility” means a facility where municipal solid waste conversion that meets the requirements of subdivision (a) takes place.
(c)Notwithstanding Section 40201, a transformation
facility where solid waste conversion takes place that meets
all of the requirements of subdivision (a) may elect to be considered an EMSW facility for purposes of this division and Division 31 (commencing with Section 50000), except that if a portion of a transformation facility’s operations does not meet the requirements of subdivision (a), the facility shall be considered to be a transformation facility.
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