§ 18815.2. Definitions.
14 CA ADC § 18815.2Barclays Official California Code of Regulations
Barclays California Code of Regulations
Title 14. Natural Resources
Division 7. Department of Resources Recycling and Recovery
Chapter 9. Planning Guidelines and Procedures for Preparing and Revising Countywide Integrated Waste Management Plans (Refs & Annos)
Article 9.25. Recycling and Disposal Reporting System
14 CCR § 18815.2
§ 18815.2. Definitions.
(5) “Beneficial reuse” has the same meaning as in section 20686 of Title 27 of the California Code of Regulations and occurs at disposal facilities. Beneficial reuse does not include the use of clean or contaminated soil. For the purposes of this section, beneficial reuse includes waste-derived materials used for:
(7) “Broker” means a person who takes control of material from a reporting entity in California and determines the destination of the material. When used in this article, material “sent to” or “received by” a broker does not require physical possession or legal ownership of the material, but, rather, means that the broker gains control of the material as described above. Brokers are not haulers, disposal facilities, transfer/processors, recyclers, or composters. A person that arranges or facilitates the sale or transfer of materials, but does not determine the destination of the material, is not a broker.
(12) “Compost” has the same meaning as in section 17896.2(a)(4) of this division. For the purposes of these regulations, compost is considered an intermediate product after it has achieved acceptable metal concentrations, pathogen reduction, and physical contamination levels as required by sections 17868.2, 17868.3, and 17868.3.1 of this division.
(13) “Composting operation” or “composting facility” has the same meaning as “compostable material handling operation” or “composting facility” as defined in section 17852(a)(12) of this division, and includes in-vessel digestion as regulated in section 17896 of this division. A person operating a “composting operation” or “composting facility” is referred to as a “composter” in these regulations.
(16) “Contract Hauler” means any person, whether through a franchise or private contract, paid to collect and move material from a generator to a reporting entity, end user, or a destination outside of the state. Any material delivered by a contract hauler is referred to as “contract-hauled” in these regulations.
(22) “Disposal” has the same meaning as section 40192 of the Public Resources Code, but does not include lawful land application that complies with section 17852(a)(24.5) of this division, or EMSW conversion of tires or biomass that have been separated from other solid waste prior to receipt by an EMSW conversion facility.
(A) “Manufacturing and Packaging.” This includes, but is not limited to, a person who uses the material to produce consumer products, industrial products, pet or animal feed, or packaging. It also includes a person who takes finished compost from a reporting entity and blends, packages, bags or distributes it to consumers. Manufacturers who produce consumer or industrial products with recycled content and do not transfer or sell intermediate products to other entities are “end users,” not reporting entities.
(B) “Fuel consumer.” This includes, but is not limited to, a person who takes or uses material, including, but not limited to, biomass or tires for use as fuel. Biomass conversion is a “fuel consumer end use.” EMSW conversion of tires and biomass that have been separated from other solid waste prior to receipt by an EMSW conversion facility is a “fuel consumer end use.” A “transformation facility” as defined in subsection (a)(61) that is not considered an “EMSW facility” as defined in section 40131.2(b) of the Public Resources Code is not a “fuel consumer.”
(25) “Engineered municipal solid waste conversion” or “EMSW conversion” has the same meaning as in section 40131.2 of the Public Resources Code. For the purposes of this article, EMSW conversion of solid waste shall be reported pursuant to section 18815.6(a) of this article, with the exception of tires and biomass that have been separated from other solid waste prior to receipt by an EMSW conversion facility.
(26) “Food waste” is organic solid waste and has the same meaning as “food material” in section 17852(a)(20) of this division. “Food waste” excludes “agricultural material” and “agricultural by-product material” as defined in sections 17852(a)(4.5) and 17852(a)(5) of this division. “Food waste” does not include food redirected to edible food recovery organizations, food banks, direct animal feeding, or other applications that meet the definition of “reuse” as defined in subsection (a)(52).
(27) “Food waste self-hauler” means a person who generates and hauls, utilizing their own employees and equipment, an average of one cubic yard or more per week, or 6,500 pounds or more per quarter of their own food waste to a location or facility that is not owned and operated by that person. A person who self-hauls food waste but does not meet the criteria to be considered a “food waste self-hauler” is a “self-hauler,” and not a “food waste self-hauler.”
(28) “Furniture” means large, bulky objects used to enhance a residence, business, or other space for living or working. This includes, but is not limited to, couches, chairs, dressers, tables, desks, and bed frames. Furniture does not include mattresses, as defined by section 42986(g) of the Public Resources Code.
(30) “Glass” means a hard, brittle, usually transparent nonhazardous substance commonly made from sand heated with chemicals. This includes, but is not limited to, whole or crushed materials derived from clear or colored containers with or without California Redemption Value, flat glass, and automotive glass.
(32) “Hauler” means a person who collects material from a generator and delivers it to a reporting entity, end user, or a destination outside of the state. “Hauler” includes public contract haulers, private contract haulers, food waste self-haulers, and self-haulers. A person who transports material from a reporting entity to another person is a transporter, not a hauler.
(B) Replaces or substitutes for a virgin material in the production of energy, including, but not limited to, tires that have been separated from other solid waste prior to EMSW conversion, biomass that has been separated from other solid waste prior to EMSW conversion, and biomass at a biomass conversion facility, or
(34) “Jurisdiction of origin” means the place where a material is initially generated. For places located within California, this means a city, county, city and county, or regional agency with responsibility for waste management, formed pursuant to sections 40970 through 40975 of the Public Resources Code. For places located in states or territories of the United States other than the State of California, jurisdiction of origin means the state, territory, or tribal lands in which a material was generated. For places located in a country other than the United States of America, jurisdiction of origin means the country or tribal lands in which a material was generated.
(35) “Land application” has the same meaning as in section 17852(a)(24.5) of this division, and includes biosolids applied under the purview of the United States Environmental Protection Agency, the statewide waste discharge requirements, also known as a general order, or individual waste discharge requirements issued by a Regional Water Quality Control Board. A person who applies “compost” as defined in subsection (a)(12) is a “material consumer” end user as defined in subsection (a)(24)(C).
(36) “Maintenance District Yard” means a transfer/processor that has been issued a Solid Waste Identification System (SWIS) number by the Department, and is directly operated by a municipality, sanitation district, county, state, or federal public works or sanitation agency, including the United States Forest Service. A “maintenance district yard” also means an unpermitted facility or operation whose primary purpose is to receive waste collected from road maintenance activities, such as sweeping public thoroughfares, litter abatement, and maintaining street trees.
(39) “Organics” means material originated from living organisms and their metabolic waste products. This includes, but is not limited to, food, “agricultural material” as defined in section 17852(a)(5) of this subdivision, “agricultural by-product material” as defined in section 17852(a)(4.5) of this subdivision, green material, landscape and pruning waste, nonhazardous lumber and dimensional wood, manure, compostable paper, digestate, biosolids, and biogenic sludges; and any product manufactured or refined from these materials, including compost and wood chips.
(42) “Plastic” means a material made from a wide range of polymers, which can be used to make rigid and flexible plastic products. This includes, but is not limited to, packaging, such as bags, bottles, caps, clamshells, containers, cups, films, and lids; household and bulky rigid items, such as buckets, crates, toys, and tubs; agricultural products, such as drip tape, film, and greenhouse covers; and other products, such as electronics housing, carpet fibers, automobile plastics, and bioplastics.
(43) “Recycle” or “recycling” has the same meaning as defined in section 40180 of the Public Resources Code. A person who engages in recycling is referred to as a “recycler” in these regulations. Recycling does not include “reuse” as defined in subsection (a)(52). For the purposes of reporting under this article, persons who are not exempt as set forth in section 18815.3(c) of this article and engage in the following activities shall register and report those activities as recyclers, as set forth in sections 18815.3(b)(4) and 18815.7 of this article:
(46) “Recycling facility or operation” or “Recycler” means any facility or operation that recycles material, as defined in this article. Recycling facilities or operations include entities that meet the definition of “Recycling Center” set forth in section 17402.5(d) of this division. This also includes chipping and grinding operations, and CDI recycling centers as described in section 17381.1 of this division.
(48) “Reporting entity” means a person who engages in reportable activities. A “reporting entity” is required to register and report pursuant to section 18815.3 of this article. A “reporting entity” is required to report on material handling activities pursuant to sections 18815.4 through 18815.8 of this article, as applicable, within the following reporting entity categories:
(52) “Resale for Reuse” means selling a used object or material again, to a person who will use it either for its original purpose or for a closely-related purpose, not as a raw material, but without significantly altering the physical form of the object or material. This does not include beneficial reuse.
(62) “Transfer/processor” has the same meaning as “Transfer/processing facilities” and “transfer/processing operations,” as defined in sections 17402(a)(30-31) of this division, as well as CDI processing operations and facilities as defined in sections 17383.5 through 17383.8 of this division, which receive, temporarily store, convert, process, and transfer materials for recycling, composting, or disposal, but do not meet the requirements of a “Recycling Center” set forth in in section 17402.5(d) of this division.
(64) “Transporter” means a person who takes physical possession and control, and determines the destination, of materials or intermediate products from a reporting entity, and transports those materials to another person inside or outside the state. A person who collects and moves materials from a generator is not a transporter. A driver employed or contracted by a reporting entity to deliver materials to a destination specified by the contracting reporting entity is not a transporter.
Credits
Note: Authority cited: Sections 40502 and 41821.5, Public Resources Code. Reference: Sections 41821.5, 41821.6, 41821.7 and 41821.8, Public Resources Code.
History
1. New section filed 3-5-2019; operative 3-5-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 10).
This database is current through 3/10/23 Register 2023, No. 10.
Cal. Admin. Code tit. 14, § 18815.2, 14 CA ADC § 18815.2
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