§ 17402. Definitions.
14 CA ADC § 17402Barclays Official California Code of Regulations
14 CCR § 17402
§ 17402. Definitions.
(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.
(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.
(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;
(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:
(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).
(7.5) “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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
Credits
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.
History
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).
This database is current through 11/17/23 Register 2023, No. 46.
Cal. Admin. Code tit. 14, § 17402, 14 CA ADC § 17402
End of Document |