40100.
Unless the context otherwise requires, the definitions in this article govern the construction of this division.
40105.
“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.
40110.
“Board” means the California Integrated Waste Management Board.
40115.
“City” or “county” includes city and county.
40116.
“Compost” means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream.
40120.
“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.
40121.
“Disposal facility” or “facility” means any facility or location where disposal of solid waste occurs.
40122.
“Disposal site” or “site” includes the place, location, tract of land, area, or premises in use, intended to be used, or which has been used for the landfill disposal of solid wastes. “Disposal site” includes solid waste landfill, as defined in Section 46027.
40123.
“Disposal site owner” means the person who holds title to the property used as a disposal site after January 1, 1977.
40130.
“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.
40131.
“Enforcement program” means the regulations and procedures adopted by the board pursuant to Chapter 2 (commencing with Section 43200) of Part 4.
40140.
“Hazard” includes any condition, practice, or procedure which is or may be dangerous, harmful, or perilous to employees, property, neighbors, or the general public.
40141.
(a)
“Hazardous waste” means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may do either of the following:
(1)
Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.
(2)
Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
(b)
Unless expressly provided otherwise, “hazardous waste” includes extremely hazardous waste and acutely hazardous waste.
40150.
“Local governing body” means the legislative body of the city, county, or special district which has authority to provide solid waste handling services.
40160.
“Operator” means the person to whom the approval to operate a disposal site, transfer or processing station, or collection system is granted.
40170.
“Person” includes an individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
40171.
“Pollution” means the condition caused by the presence in or on a body of water, soil, or air of any solid waste or substance derived therefrom in such quantity, of such nature and duration, or under such condition that the quality, appearance, or usefulness of the water, soil, land, or air is significantly degraded or adversely altered.
40172.
“Processing” means the reduction, separation, recovery, conversion, or recycling of solid waste.
40180.
“Recycle” or “recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. “Recycling” does not include transformation, as defined in Section 40201.
40181.
“Regional planning agency” means any of the following:
(a)
An agency organized pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
(b)
A regional planning district formed pursuant to Chapter 2 (commencing with Section 65060) of Division 1 of Title 7 of the Government Code.
(c)
A joint area planning commission formed pursuant to Section 65101 of the Government Code.
(d)
Any agency established by a legislative act and recognized by the Office of Planning and Research as performing general environmental and resources planning for any region of the state.
40182.
“Regional water board” means a California regional water quality control board.
40190.
“Segregated from other waste material” means any of the following:
(a)
The placement of recyclable materials in separate containers.
(b)
The binding of recyclable material separately from the other waste material.
(c)
The physical separation of recyclable material from other waste material.
40191.
(a)
Except as provided in subdivision (b), “solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.
(b)
“Solid waste” does not include hazardous waste.
40192.
“Solid waste disposal” or “disposal” means the final deposition of solid wastes onto land, into the atmosphere, or into the waters of the state.
40193.
“Solid waste enterprise” means any individual, partnership, joint venture, unincorporated private organization, or private corporation, which is regularly engaged in the business of providing solid waste handling services.
40194.
“Solid waste facility” includes a disposal facility, a disposal site, and a solid waste transfer or processing station.
40195.
“Solid waste handling” or “handling” means the collection, transportation, storage, transfer, or processing of solid wastes.
40196.
“Source reduction” means any action which causes a net reduction in the generation of solid waste. “Source reduction” includes, but is not limited to, reducing the use of nonrecyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing garbage rate structures with incentives to reduce the amount of wastes that generators produce, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials in the manufacturing process. “Source reduction” does not include steps taken after the material becomes solid waste or actions which would impact air or water resources in lieu of land, including, but not limited to, transformation.
40197.
“State water board” means the State Water Resources Control Board.
40200.
(a)
“Transfer or processing station” or “station” includes those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport, and those facilities utilized for transformation.
(b)
“Transfer or processing station” or “station” does not include any of the following:
(1)
A facility, whose principal function is to receive, store, separate, convert, or otherwise process in accordance with state minimum standards, manure.
(2)
A facility, whose principal function is to receive, store, convert, or otherwise process wastes which have already been separated for reuse and are not intended for disposal.
(3)
The operations premises of a duly licensed solid waste handling operator who receives, stores, transfers, or otherwise processes wastes as an activity incidental to the conduct of a refuse collection and disposal business in accordance with regulations adopted pursuant to Section 43309.
40201.
“Transformation” means incineration, pyrolysis, distillation, gasification, or biological conversion other than composting. “Transformation” does not include composting.