Cal. Code Regs. tit. 14 § 17991

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 17991 - Definitions

For the purposes of this Chapter:

(a) "Agreement" means the written document, any amendment(s) and written change orders thereto, which is signed by the Board or its designated representative and the grant recipient and which defines the terms, provisions and conditions governing the grant.

(b) "Applicant" means a local agency, resource conservation district, or Native American tribe applying for a grant for cleanup and/or abatement administered by the California Integrated Waste Management Board.

(c) "Board" means the California Integrated Waste Management Board.

(d) "Farm and/or Ranch property" means a piece of property, publicly or privately owned, that is used for rangeland or agricultural activities such as, but not limited to commercial livestock and crop production, horticulture, aquaculture, silviculture, floriculture, vermiculture and viticulture. Farm or ranch property need not have active sales or production but shall be appropriately zoned or otherwise authorized for agricultural activities. Farm or ranch property includes appurtenant easements or right-of-ways such as, but not limited to, public roads and utilities.

(e) "Grant recipient or grantee" means an applicant whose grant application has been awarded and who has executed a grant agreement pursuant to Public Resources Code section 48101(c).

(f) "Illegal disposal site" means:

(1) A disposal site that is not permitted and not exempt from obtaining a permit and is not a closed site as defined section of Title 2720164 of Title 27, Division 2 of California Code of Regulations on which cleanup may be required to abate a nuisance or protect public health and safety and/or the environment.

(g) "Local agency" means the enforcement agency, or other municipal department, that is designated to implement this Chapter by a county or city or a joint powers authority consisting of cities and counties and formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.

(h) "Native American tribe" has the same meaning as tribe, as defined in subdivision (b) Section 44201 of the Public Resources Code.

(i) "Nuisance" includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community, neighborhood, or any considerable number of persons although the extent of the annoyance or damage inflicted upon an individual may be unequal and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste.

(j) "Resource conservation district" is a "special district" of the state of California, set up under PRC, Division 9, which is a locally governed agency with it's own locally appointed, independnet board of directors.

(k) "Remedial action" means any action to abate, prevent, minimize, stabilize, mitigate, or eliminate a threat to public health and safety and/or the environment.

(l) "Responsible party" includes any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who by contract, agreement or otherwise arranged for the transportation to and/or disposal of solid waste at the illegal disposal site;

The term "responsible party", as defined above, may only be construed within the context of this Chapter and Public Resources Code sections 48100 et seq. and shall not be interpreted under any other local, state, or federal statute.

(m) "Threat" or "threaten" means a condition creating a probability of substantial harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, natural resources, or the public health or safety.

Cal. Code Regs. Tit. 14, § 17991

1. New article 2 (section 17991) and section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending subsection (b), adopting new subsections (h) and (j) and relettering subsections filed 5-28-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 22).

Note: Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Sections 48100, 48102 and 48106, Public Resources Code.