CHAPTER 2. Definitions

Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2.

§§ 40100–40201 · 56 sections

§ 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…
§ 40106 (a) “Biomass conversion” means the production of heat, fuels, or electricity by the controlled combustion of, or the use of other noncombustion thermal…
§ 40110 “Board” means the Department of Resources Recycling and Recovery, or the Director of Resources Recycling and Recovery, as appropriate.
§ 40115 “City” or “county” includes city and county.
§ 40115.5 “Closed disposal site” means a disposal site that ceases to accept solid waste and is closed in accordance with applicable statutes, regulations, and local…
§ 40116 “Compost” means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste…
§ 40116.1 “Composting” means the controlled or uncontrolled biological decomposition of organic wastes.
§ 40117 “Gasification” means a technology that uses a noncombustion thermal process to convert solid waste to a clean burning fuel for the purpose of generating…
§ 40118 “Department” means the Department of Resources Recycling and Recovery.
§ 40120 “Designated recycling collection location” means the place where an authorized recycling agent has contracted with either the local governing body or a private…
§ 40120.05 “Director” means the Director of Resources Recycling and Recovery.
§ 40120.1 “Disposal” or “dispose” has the same meaning as “solid waste disposal” as defined in Section 40192.
§ 40121 “Disposal facility” or “facility” means a facility or location where disposal of solid waste occurs or an EMSW conversion facility.
§ 40122 “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…
§ 40124 “Diversion” means activities which reduce or eliminate the amount of solid waste from solid waste disposal for purposes of this division, including Article 1…
§ 40127 “Diversion program” means a program in the source reduction and recycling element of a jurisdiction’s integrated waste management plan, specified in Chapter 2…
§ 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…
§ 40131 “Enforcement program” means the regulations and procedures adopted by the board pursuant to Chapter 2 (commencing with Section 43200) of Part 4.
§ 40131.2 (a) “Engineered municipal solid waste conversion” or “EMSW conversion” means the conversion of solid waste through a process that meets all of the following…
§ 40131.5 “Federal act” means the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.).
§ 40135 “Fund” means the Integrated Waste Management Fund, which is hereby created in the State Treasury. Any reference in this division or any other provision of law…
§ 40135.1 “Account” means the Integrated Waste Management Account created in the fund pursuant to Section 48001.
§ 40140 “Hazard” includes any condition, practice, or procedure which is or may be dangerous, harmful, or perilous to employees, property, neighbors, or the general…
§ 40141 (a) “Hazardous waste” means a waste, defined as a “hazardous waste” in accordance with Section 25117 of the Health and Safety Code, or a combination of wastes,…
§ 40145 “Jurisdiction” means a city, county, or regional agency that is approved by the board pursuant to Section 40975.
§ 40148 “Large state facility” means those campuses of the California State University and the California Community Colleges, prisons within the Department of…
§ 40150 “Local governing body” means the legislative body of the city, county, or special district which has authority to provide solid waste handling services.
§ 40150.1 “Multicounty regional agency” means a regional agency, as defined in Section 40181, that includes all of the jurisdictions that are located in at least two or…
§ 40150.2 “Minor violation” means the failure of a person to comply with a requirement or condition of an applicable law, regulation, permit, information request, order,…
§ 40151 “Nondisposal facility” means any solid waste facility required to obtain a permit pursuant to Article 1 (commencing with Section 44001) of Chapter 3 of Part 4,…
§ 40160 “Operator” means a person who operates a solid waste facility or operates a disposal site.
§ 40162 “Owner” means a person who holds fee title to, or a leasehold or other possessory interest in, real property that is presently in use as a solid waste facility…
§ 40170 “Person” includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry,…
§ 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…
§ 40172 “Processing” means the reduction, separation, recovery, conversion, or recycling of solid waste.
§ 40178 “Pyrolysis” means the thermal decomposition of material at elevated temperatures in the absence or near absence of oxygen.
§ 40180 “Recycle” or “recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste,…
§ 40181 “Regional agency” means an agency formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code and Article 3…
§ 40182 “Regional water board” means a California regional water quality control board.
§ 40183 (a) “Rural city” or “rural regional agency” means a city or regional agency that is located within a rural county as defined in Section 40184. (b) (1) Unless…
§ 40184 (a) “Rural county” means a county or multicounty regional agency that annually disposes of no more that 200,000 tons of solid waste. (b) (1) Unless the 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…
§ 40190.5 “Sharps waste” means waste generated by a household that includes a hypodermic needle, syringe, or lancet.
§ 40191 (a) Except as provided in subdivision (b), “solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage,…
§ 40192 (a) Except as provided in subdivisions (b) and (c), “solid waste disposal,” “disposal,” or “dispose” means the final deposition of solid wastes onto land, into…
§ 40193 “Solid waste enterprise” means any individual, partnership, joint venture, unincorporated private organization, or private corporation, which is regularly…
§ 40194 “Solid waste facility” includes a solid waste transfer or processing station, a composting facility, a gasification facility, a transformation facility, an…
§ 40195 “Solid waste handling” or “handling” means the collection, transportation, storage, transfer, or processing of solid wastes.
§ 40195.1 (a) “Solid waste landfill” means a disposal facility that accepts solid waste for land disposal, but does not include a facility which receives only 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…
§ 40196.3 “State agency” means every state office, department, division, board, commission, or other agency of the state, including the California Community Colleges and…
§ 40196.5 “State board” means the State Board of Equalization.
§ 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…
§ 40201 “Transformation” means incineration, pyrolysis, distillation, or biological conversion other than composting. “Transformation” does not include composting,…