Section 17896.2 - Definitions(a) For the purposes of this Chapter: (1) "Agricultural Material" means waste material of plant or animal origin, which results directly from the conduct of agriculture, animal husbandry, horticulture, aquaculture, vermiculture, viticulture and similar activities undertaken for the production of food or fiber for human or animal consumption or use, which is separated at the point of generation, and which contains no other solid waste. With the exception of grape pomace, agricultural material has not been processed except at its point of generation and has not been processed in a way that alters its essential character as a waste resulting from the production of food or fiber for human or animal consumption or use. Material that is defined in this section 17852 as "food material" or "vegetative food material" is not agricultural material. Agricultural material includes, but is not limited to, manures, orchard and vineyard prunings, grape pomace, and crop residues.(2) "Agricultural Site" means activities located on land that is zoned for agricultural uses.(3) "Biogas" is a gas resulting from the operation of an in-vessel digester at an in-vessel digestion operation or facility that is composed primarily of carbon dioxide, hydrogen, and methane.(4) "Compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.(5) "Contact Water" means water that has come in contact with waste and may include leachate.(6) "Digestate" means the solid and/or liquid residual material remaining after organic material has been processed in an in-vessel digester.(7) "Digestion" means, pursuant to PRC 40116.1, the controlled biological decomposition, of organic solid wastes. Digestion includes:(A) Aerobic digestion - the controlled biological decomposition of organic material in the presence of oxygen.(B) Anaerobic digestion - the controlled biological decomposition of organic material in the absence of oxygen or in an oxygen-starved environment. Anaerobic digestion produces biogas and a residual digestate.(C) Other controlled biological decomposition processes.(8) "Dairy In-vessel Digestion Operation" means, except as otherwise specified in section 17896.6(a)(3), a dairy that receives imported solid waste feedstock for purposes of co-digestion, with manure in an in-vessel digester, in accordance with Waste Discharge Requirements issued by a Regional Water Quality Control Board. The Dairy In-vessel Digestion Operation may also co-digest agricultural material.(9) "Distribution Center In-vessel Digestion Operation" means a site that receives, for the purpose of digestion in an in-vessel digester, unsold products from retail stores to which the products were originally sent. All unsold products shall be collected and processed in covered, leak-proof containers, and remain in the custody of the owner at all times. All unsold products that are putrescible shall be refrigerated at the retail store and shall be maintained at a core temperature of 13 degrees Celsius (55 degrees Fahrenheit) or less during transport to the operation.(10) "EA" means enforcement agency as defined in PRC section 40130.(11) "Film plastic" means sheet plastic 10 mil or less in thickness.(12) "Food Material" means a waste material of plant or animal origin that results from the preparation or processing of food for animal or human consumption and that is separated from the municipal solid waste stream. Food material includes, but is not limited to, food waste from food facilities as defined in Health and Safety Code section 113789 (such as restaurants), food processing establishments as defined in Health and Safety Code section 111955, grocery stores, institutional cafeterias (such as prisons, schools and hospitals), and residential food scrap collection. Food material does not include any material that is required to be handled only pursuant to the California Food and Agricultural Code and regulations adopted pursuant thereto. (A) "Vegetative Food Material" means that fraction of food material, defined above, that is a plant material and is separated from other food material and the municipal solid waste stream. Vegetative food material may be processed or cooked but must otherwise retain its essential natural character and no salts, preservatives, fats or oils, or adulterants shall have been added. Vegetative food material includes, but is not limited to, fruits and vegetables, edible flowers and plants, outdated and spoiled produce, and coffee grounds. Vegetative food material contains no greater than 1.0 of percent physical contaminants by dry weight, and meets the requirements of section 17896.61.(13) "Hazardous Wastes" means any waste which meets the definitions set forth in Title 22, section 66261.3, et seq.(14) "In-vessel Digester" means the sealed container(s) or sealed structure in which the entire digestion process occurs.(15) "Large Volume In-vessel Digestion Facility" means a facility that receives an average greater than 100 tons of solid waste per operating day or greater than 700 tons (2,800 cubic yards) per week of solid waste for digestion in an in-vessel digester.(16) "Limited Volume In-vessel Digestion Operation" means an operation that receives less than an average of 15 tons (or 60 cubic yards) of solid waste per operating day but shall not exceed 105 tons (or 420 cubic yards) per week of solid waste for digestion in an in-vessel digester. Additionally, the operation shall not exceed solid waste storage capacity limitations of the general design of the operation.(17) "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.(18) "Manure" is an agricultural material and means accumulated herbivore or avian excrement. This definition shall include feces and urine, and any bedding material, spilled feed, or soil that is mixed with feces or urine.(19) "Medium Volume In-vessel Digestion Facility" means a facility that receives an average of between 15 tons (or 60 cubic yards) and 100 tons of solid waste per operating day but shall not exceed 700 tons (or 2,800 cubic yards) per week of solid waste for digestion in an in-vessel digester. Additionally, the facility shall not exceed solid waste storage capacity limitations of the general design of the facility.(20) "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.(21) "On-site" means located within the boundary of the operation or facility.(22) "Operating Day" means the daily hours of operation for a facility or operation as set forth in the application, Enforcement Agency Notification or solid waste facilities permit.(23) "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 In-vessel Digestion Facility Plan or In-vessel Digestion Report for facilities, and shall contain but is not limited to containing: agency approvals, tonnage and load checking 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.(24) "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:1. equipment management area, including cleaning, maintenance, and storage areas; and2. 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 of the operation or facility but may or may not be the same as the property boundary on which the operation or facility is located.(25) "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 and 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.(26) "Owner" means the person or persons who own, in whole or in part, an operation or facility and the land on which it is located. If the ownership of the operation or facility is not the same as the ownership of the land on which it is located, the owner of the land shall be identified as the "Land Owner" and the owner of the operation or facility shall be identified as the "Facility Owner."(27) "Physical Contamination" or "Contaminants" means human-made inert material contained within compostable material, digestate, or compost, including, but not limited to, glass, metal, and plastic.(28) "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.(29) "Rendering" means all recycling, processing, and conversion of animal and fish materials and carcasses and inedible kitchen grease into fats, oils, proteins, and other products that are used in the animal, poultry, and pet food industries and other industries, as defined in Food and Agricultural Code section 19213.(30) "Salvaging" means the controlled separation of solid waste material which do not require further processing, for reuse or recycling prior to in-vessel digestion activities.(31) "Scavenging" means the uncontrolled and/or unauthorized removal of solid waste materials.(32) "Sealed Container" means a tank, vessel, or similar apparatus capable of containing liquids and air-borne emissions during the entire digestion process to control odors or other nuisance conditions.(33) "Sealed Structure" means a fully enclosed building capable of containing liquids and controlling air-borne emissions (e.g., negative air pressure) that could contribute to odors or other nuisance conditions.(34) "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 the removal of mercury switches or chlorofluorocarbons.(35) "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.(36) "Store" means to stockpile or accumulate for later use.Cal. Code Regs. Tit. 14, § 17896.2
1. New section filed 11-10-2015; operative 1-1-2016 (Register 2015, No. 46). Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
1. New section filed 11-10-2015; operative 1/1/2016 (Register 2015, No. 46).