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§ 18011. Definitions.

14 CA ADC § 18011Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 14. Natural Resources
Division 7. Department of Resources Recycling and Recovery
Chapter 5. Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees
Article 1. Definitions and General Provisions
14 CCR § 18011
§ 18011. Definitions.
(a) Unless the context otherwise requires, the following definitions shall govern construction of this Chapter:
(1) “Abandoned site” means a site where there is no responsible party as determined by the local enforcement agency and the board.
(2) “Act” means the California Integrated Solid Waste Management Act of 1989.
(3) “Applicant” means the proposed operator of a facility.
(4) “Certified” means submitted and stated under oath, affirmation, or penalty of perjury.
(5) “Certification” means certification by the Board of an enforcement agency pursuant to Section 43200 of the Public Resources Code and Articles 2.1, and 2.2 of this Chapter.
(6) “Closed site” means a solid waste disposal site that has ceased accepting waste and has documentation that closure was conducted in accordance with applicable statutes, regulations, and local ordinances in effect at the time.
(7) “Decertification” means an action by the California Integrated Waste Management Board which withdraws, partially or fully, prior certification(s) issued to the enforcement agency. This action modifies the enforcement agency's authority within its jurisdiction.
(8) “Enactment” means a federal, state, regional, or local statute, ordinance, regulation, permit, or similar provision having the force of law.
(9) “ Enforcement action” means an action of the enforcement agency or the board, taken pursuant to the act or this chapter, including, but not limited to issuing a notice and order, a cease and desist order, cleanup or abatement order, or a corrective action order; to institute a proceeding to modify, suspend, or revoke a permit; to institute a judicial proceeding to obtain an injunction; or to institute a judicial action to obtain civil penalties.
(10) “Evaluation workplan” means a type of corrective action specified by the Board. The action requires the LEA to develop a schedule to address jurisdictional compliance issues identified during the LEA evaluation process. The evaluation workplan is subject to Board approval.
(11) “Facility” means a solid waste facility as defined in Public Resources Code Section 40194 or disposal site as defined in Public Resources Code Section 40122.
(12) “Facility operator” means the operating unit, and other person(s) who through a lease, franchise agreement or other arrangement with the owner of the property is granted the approval to operate a solid waste facility, disposal site, transfer or processing station, composting station, or solid waste handling system, or the owner of the property.
(13) “Illegal site” means a solid waste disposal site that is not permitted and not exempt from obtaining a permit and is not a closed site.
(14) “Inactive site” means a site that is temporarily idle, for a specific period due to known circumstance and not part of the normal operation pattern contained in the solid waste facilities permit.
(15) “Local Agency” means a local public agency or department of a county or a city, a joint powers jurisdiction, or a special district.
(16) “Local Enforcement Agency” (LEA) means an enforcement agency with board certification(s) totally separate from the operating unit(s) of the local governing body. An LEA is a comprehensive solid waste enforcement agency which performs permitting, inspection, and enforcement duties for solid waste handling, and permitted, closed, abandoned, exempt, illegal, and inactive facilities. An LEA is solely responsible for carrying out solid waste enforcement in its jurisdiction as defined in 14 CCR Division 7, 27 CCR Division 2, Subdivision 1 (§ 20005 et seq.) and Division 30 of the Public Resources Code. Upon certification(s) the LEA shall have full power to execute the Act and the regulations adopted hereto.
(17) “Operating unit” means a local agency within the jurisdiction of the designating local governing body that operates, causes to operate, or administers contracts or agreements for any portion of a facility or solid waste handling and disposal system.
(18) “Operation” means those activities governed by the EA notification tier requirements set forth in sections 18103-18103.3.
(19) “Owner of the property” means the person or persons owning the fee interest in the property and the person or persons owning any leasehold interest in the property.
(20) “Permit” means a solid waste facilities permit.
(21) “Property” means the real property on which a facility or disposal site, any part thereof, or any support structure exists or is proposed to exist, including any portion of such real property that is not occupied by the facility or any support structure but that is contained within the legal description of the land on which the facility is located as that description is set forth in the most recently recorded deed.
(22) “Regional LEA” means an enforcement agency certified by the Board pursuant to Article 2.1 of this Chapter, with permitting, inspection and enforcement duties within multiple counties.
(23) “Violation” means a lack of compliance with a particular standard, permit term or condition, or other applicable solid waste law or regulation. A violation may be indicated by the checking of a box in the violation column of an inspection report or by other written documentation. The documentation shall indicate the specific standard, permit term or condition, or other solid waste law or regulation not in compliance.


Note: Authority cited: Sections 40502, 43020, 43200, 43214 and 43231, Public Resources Code. Reference: Sections 43200-45042, Public Resources Code.
1. Amendment filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of subsections (a)(1) and (a)(14) filed 10-26-94; operative 10-26-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsection (a)(14) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
4. Amendment of subsection (a)(19) and new subsection (a)(20) filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
5. New subsections (a)(7) and (a)(9), subsection renumbering and amendment of Note filed 7-25-2002; operative 8-24-2002 (Register 2002, No. 30).
6. New subsection (a)(22), subsection renumbering and amendment of Note filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
This database is current through 3/17/23 Register 2023, No. 11.
Cal. Admin. Code tit. 14, § 18011, 14 CA ADC § 18011
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