Section 17402 - Definitions(a) For the purposes of these articles: (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.(1) "Contact Water" means water that has come in contact with waste and may include leachate.(1.5) "Contamination" or "Contaminants" has the same meaning as "prohibited container contaminants" as defined in Section 18982(a)(55).(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.(3) "Direct Transfer Facility" means a transfer 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 150 tons of solid waste and meets all of the following requirements: (A) is located on the premises of a duly licensed solid waste hauling operator;(B) only handles solid waste that has been placed within covered containers or vehicles prior to entering the facility and that is transported in vehicles owned or leased by that same operator;(C) the facility does not handle, separate, or otherwise process the solid waste;(D) no waste is stored at the facility for more than any 8-hour period;(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;(F) all of the contents of the original transferring container or vehicle must be emptied during a single transfer; and(G) any waste that may unintentionally fall outside of the containers or vehicles, is promptly cleaned up and replaced within the container or vehicle to which it was being transferred.(4) "DTSC" means Department of Toxic Substances Control.(5) "EA" means enforcement agency as defined in PRC section 40130.(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: (A) the operation handles only disaster debris and other wastes, in accordance with section 17210.1(d), during the disaster debris recovery phase; and(B) the location does not currently have a solid waste facility permit;(C) if the operation accepts, processes, or stores hazardous or household hazardous waste, then these activities must be in compliance with DTSC standards or standards of other appropriate authorities or agencies.(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) "Hazardous Wastes" means any waste which meets the definitions set forth in Title 22, Section 66261.3, et seq. and is required to be managed.(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.(8) "Large Volume Transfer/Processing Facility" means a facility that receives 100 tons or more of solid waste per operating day for the purpose of storing, handling or processing the 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.(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.(11.5) "Mixed Waste Organic Collection Stream" means organic waste collected in a container that is required by Section 18984.1, 18984.2, or 18984.3 to be transported to a high diversion organic waste processing facility.(12) "Nuisance" includes anything which: (A) is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and(B) affects at the same time an entire community, neighborhood or any considerable number of persons. The extent of annoyance or damage inflicted upon an individual may be unequal.(13) "On-site" means located within the boundary of the operation or facility.(14) "Open burning" means the combustion of solid waste without:(A) control of combustion air to maintain adequate temperature for efficient combustion,(B) containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and(C) control of the emission of the combustion products.(15) "Operating day" means the hours of operation as set forth in the application, Enforcement Agency Notification and/or permit not exceeding 24 hours.(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.(17) "Operations Area" means: (A) the following areas within the boundary of an operation or facility as described in the permit application or Enforcement Agency Notification:(i) equipment management area, including cleaning, maintenance, and storage areas; and(ii) material and/or solid waste management area, including unloading, handling, transfer, processing, and storage areas.(B) the boundary of the operations area is the same as the permitted boundary but may or may not be the same as the property boundary.(18) "Operator" means the owner, or other person who through a lease, franchise agreement or other arrangement with the owner, that is listed in the permit application or Enforcement Agency Notification, is legally responsible for all of the following: (A) complying with regulatory requirements set forth in these Articles;(B) complying with all applicable federal, state and local requirements;(C) the design, construction, and physical operation of the operations area;(D) controlling the activities at an operation or facility as listed on the permit application or Enforcement Agency Notification.(18.4) "Organic Waste Recovery Activities," or "Recovery" has the same meaning as defined in Section 18982(a)(49).(18.5) "Organic Waste" has the same meaning as in Section 18982(a)(46).(19) "Owner" means the person or persons who own, in whole or in part, an operation or facility, and/or the land on which it is located.(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.(22) "Regulated Hazardous Waste" means a hazardous waste, as defined in section 66260.10 of Division 4.5 of Title 22.(23) "RWQCB" means the Regional Water Quality Control Board.(23.5) "Remnant Organic Material" means the organic waste that is collected in a gray container that is part of the gray container collection stream.(23.6) "Reporting Period" has the same meaning as defined in Section 18815.2 (a)(49).(24) "Salvaging" means the controlled separation of solid waste material which do not require further processing, for reuse or recycling prior to transfer activities.(25) "Scavenging" means the uncontrolled and/or unauthorized removal of solid waste materials.(26) "Sealed Container Transfer Operation" means a transfer operation that meets the following requirements: (A) handles only solid waste that has previously been placed within containers that have either a latched, hard top or other impermeable cover which is closed tightly enough to: (1) prevent liquid from infiltrating into or leaking out of the container; and(2) prevent the propagation and migration of vectors; and, (i) the solid waste remains within the unopened containers at all times while on-site; and,(ii) the containers are not stored on-site for more than 96 hours. Sealed container transfer operations do not include operations excluded by Public Resources Code section 40200(b)(3).(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. (A) Secondary Material Processing Operations are those activities that: 1. Are governed by the Enforcement Agency Notification tier requirements as specified in section 17403.3.2; and,2. Receive an amount of residual material that is less than 40% by weight as calculated on a monthly basis. Operations that do not meet this residual requirement shall comply with the Registration Permit tier requirements specified in 17403.3.3.(B) Secondary Material Processing Facilities are those activities that:1. Are governed by the Registration Permit tier requirements as specified in section 17403.3.3; and,2. Do not meet the 40% residual material requirement as specified in subdivision (A).(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.(26.7) "Source Separated Blue Container Organic Waste" means the organic wastes collected in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in Section 18982(a)(43).(27) "Special Waste" includes but is not limited to:(A) waste requiring special collection, treatment, handling, storage, or transfer techniques as defined in Title 22, section 66260.10.(B) waste tires and appliances requiring CFC removal.(28) "Spotter" means an employee who conducts activities that include, but are not limited to, traffic control, hazardous waste recognition and removal for proper handling, storage and transport or disposal, and protection of the public from health and/or safety hazards.(29) "Store" means to stockpile or accumulate for later use.(30) "Transfer/Processing Facility" or "Facility" includes: (A) those activities governed by the Registration Permit tier or Full Solid Waste Facility Permit requirements (as specified in sections 17403.6 and 17403.7); and,(B) which: 1. receive, handle, separate, convert or otherwise process materials in solid waste; and/or2. transfer solid waste directly from one container to another or from one vehicle to another for transport; and/or(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.(D) "Transfer/Processing Facilities" do not include activities specifically defined in section 17402.5(c) of this Article, and operations and facilities that are subject to regulations in Chapter 3.1 (commencing with section 17850).(31) "Transfer/Processing Operation" or "Operation" includes:(A) those activities governed by the EA Notification tier requirements; and,(B) which: 1. receive, handle, separate, convert or otherwise process materials in solid waste; and/or2. transfer solid waste directly from one container to another or from one vehicle to another for transport; and/or(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.(D) "Transfer/Processing Operations" do not include activities specifically defined in section 17402.5(c) of this Article, and operations and facilities that are subject to regulations in Chapter 3.1 (commencing with section 17850).(32) "Volume Reduction" means techniques such as: compaction, shredding, and baling.(33) "Waste Hauling Yard Operation" is an operation that meets the following requirements: (A) is located on the premises of a duly licensed solid waste hauling operator, who receives, stores, or transfers waste as an activity incidental to the conduct of a refuse collection and disposal business, and;(B) handles only solid waste that has been placed within a covered container before the container arrives at the waste hauling yard, and;(C) no more than 90 cubic yards of waste is stored on-site in covered containers at any time, and;(D) the solid waste remains within the original covered containers while on-site at any times, and;(E) the covered containers are not stored on-site for more than any 72 hour period;(F) if the EA has information that the operation does not meet these requirements, the burden of proof shall be on the owner or operator to demonstrate that the requirements are being met.Cal. Code Regs. Tit. 14, § 17402
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). 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.
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).