Section § 40100

Explanation

This section essentially says that the definitions provided in this article are used to interpret and understand this part of the law, unless it's obvious that something else is meant.

Unless the context otherwise requires, the definitions in this article govern the construction of this division.

Section § 40105

Explanation

This section defines an 'authorized recycling agent' as any person or entity that a local government or private business has permitted or hired to collect recyclable waste. This agent might be a city collection service, a private trash company, a private recycling business, or a private nonprofit organization.

“Authorized recycling agent” means a person that a local governing body or private commercial entity authorizes or contracts with to collect its recyclable waste material. An authorized recycling agency may be a municipal collection service, private refuse hauler, private recycling enterprise, or private nonprofit corporation or association.

Section § 40106

Explanation

This law section defines 'biomass conversion' as the process of producing heat, fuels, or electricity by burning or using other thermal technologies on specific materials separated from other solid waste. Biomass conversion can use agricultural residues, garden clippings, wood waste, and nonrecyclable paper.

It explicitly excludes burning recyclable paper, sewage sludge, hazardous, medical, or radioactive waste. It further explains that nonrecyclable pulp or paper includes those materials that can't be recycled due to manufacturing, treatment, or contamination.

(a)CA Public Resources Code § 40106(a) “Biomass conversion” means the production of heat, fuels, or electricity by the controlled combustion of, or the use of other noncombustion thermal conversion technologies on, the following materials, when separated from other solid waste:
(1)CA Public Resources Code § 40106(a)(1) Agricultural crop residues.
(2)CA Public Resources Code § 40106(a)(2) Bark, lawn, yard, and garden clippings.
(3)CA Public Resources Code § 40106(a)(3) Leaves, silvicultural residue, and tree and brush pruning.
(4)CA Public Resources Code § 40106(a)(4) Wood, wood chips, and wood waste.
(5)CA Public Resources Code § 40106(a)(5) Nonrecyclable pulp or nonrecyclable paper materials.
(b)CA Public Resources Code § 40106(b) “Biomass conversion” does not include the controlled combustion of recyclable pulp or recyclable paper materials, or materials that contain sewage sludge, industrial sludge, medical waste, hazardous waste, or either high-level or low-level radioactive waste.
(c)CA Public Resources Code § 40106(c) For purposes of this section, “nonrecyclable pulp or nonrecyclable paper materials” means either of the following, as determined by the department:
(1)CA Public Resources Code § 40106(c)(1) Paper products or fibrous materials that cannot be technically, feasibly, or legally recycled because of the manner in which the product or material has been manufactured, treated, coated, or constructed.
(2)CA Public Resources Code § 40106(c)(2) Paper products or fibrous materials that have become soiled or contaminated and as a result cannot be technically, feasibly, or legally recycled.

Section § 40110

Explanation

This section defines "Board" as referring to either the Department of Resources Recycling and Recovery or the Director of Resources Recycling and Recovery, depending on the context.

“Board” means the Department of Resources Recycling and Recovery, or the Director of Resources Recycling and Recovery, as appropriate.

Section § 40115

Explanation

This law section makes it clear that whenever the terms “city” or “county” are used, they also include the concept of a unified “city and county,” such as San Francisco, which is both a city and a county.

“City” or “county” includes city and county.

Section § 40115.5

Explanation

This section defines a 'closed disposal site' as a location that has stopped accepting solid waste and has been shut down following all relevant laws and regulations that were in place when it was closed.

“Closed disposal site” means a disposal site that ceases to accept solid waste and is closed in accordance with applicable statutes, regulations, and local ordinances in effect at the time of the closure.

Section § 40116

Explanation

Compost refers to the material generated when organic waste, like vegetable scraps, yard trimmings, and wood, is broken down biologically in a controlled way. This process involves keeping these materials separate from regular trash, either at the source or at a central facility. Importantly, compost is not considered hazardous waste.

“Compost” means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. “Compost” includes vegetable, yard, and wood wastes which are not hazardous waste.

Section § 40116.1

Explanation

This section defines "composting" as the process where organic waste breaks down biologically, either controlled or uncontrolled.

“Composting” means the controlled or uncontrolled biological decomposition of organic wastes.

Section § 40117

Explanation

This section defines "gasification" as a process that converts solid waste into a clean fuel for electricity without using combustion. It outlines specific criteria that this technology must meet. It cannot use air or oxygen except for temperature control, and it must not release air pollutants, including greenhouse gases. Additionally, it must not discharge into state waters or produce hazardous waste. Before conversion, it should remove all recyclable and compostable materials, which must be confirmed for recycling or composting. The facility must follow all laws and ensure local waste agencies comply with waste reduction, with evidence that they've reduced their landfill waste by at least 30%.

“Gasification” means a technology that uses a noncombustion thermal process to convert solid waste to a clean burning fuel for the purpose of generating electricity, and that, at minimum, meets all of the following criteria:
(a)CA Public Resources Code § 40117(a) The technology does not use air or oxygen in the conversion process, except ambient air to maintain temperature control.
(b)CA Public Resources Code § 40117(b) The technology produces no discharges of air contaminants or emissions, including greenhouse gases, as defined in subdivision (g) of Section 38505 of the Health and Safety Code.
(c)CA Public Resources Code § 40117(c) The technology produces no discharges to surface or groundwaters of the state.
(d)CA Public Resources Code § 40117(d) The technology produces no hazardous waste.
(e)CA Public Resources Code § 40117(e) To the maximum extent feasible, the technology removes all recyclable materials and marketable green waste compostable materials from the solid waste stream prior to the conversion process and the owner or operator of the facility certifies that those materials will be recycled or composted.
(f)CA Public Resources Code § 40117(f) The facility where the technology is used is in compliance with all applicable laws, regulations, and ordinances.
(g)CA Public Resources Code § 40117(g) The facility certifies to the board that any local agency sending solid waste to the facility is in compliance with this division and has reduced, recycled, or composted solid waste to the maximum extent feasible, and the board makes a finding that the local agency has diverted at least 30 percent of all solid waste through source reduction, recycling, and composting.

Section § 40118

Explanation

This section defines the term "Department" as referring to the Department of Resources Recycling and Recovery.

“Department” means the Department of Resources Recycling and Recovery.

Section § 40120

Explanation

This law defines a 'designated recycling collection location' as the place where recyclables are picked up by a recycling agent. The agent must have a contract with a local government or private group. These locations can include places like the curbside of a home or a service alley behind a business.

“Designated recycling collection location” means the place where an authorized recycling agent has contracted with either the local governing body or a private entity to pick up recyclable material segregated from other waste material. “Designated recycling collection location” includes, but is not limited to, the curbside of a residential neighborhood or the service alley of a commercial enterprise.

Section § 40120.1

Explanation
This law states that the terms 'disposal' or 'dispose' should be understood to mean the same as 'solid waste disposal' according to the definition found in Section 40192. Essentially, whenever you see 'disposal' or 'dispose' in this context, it's specifically about getting rid of solid waste.
“Disposal” or “dispose” has the same meaning as “solid waste disposal” as defined in Section 40192.

Section § 40120.05

Explanation

In this section, the term “Director” refers to the Director of Resources Recycling and Recovery, who is responsible for overseeing recycling and resource recovery activities.

“Director” means the Director of Resources Recycling and Recovery.

Section § 40121

Explanation
In California, a 'disposal facility' or 'facility' refers to any place where solid waste is disposed of, including facilities for conversion processes called EMSW (Energy-From-Mixed-Solid-Waste).
“Disposal facility” or “facility” means a facility or location where disposal of solid waste occurs or an EMSW conversion facility.

Section § 40122

Explanation

This legal text defines what a 'disposal site' is, clarifying it as any place, location, land, area, or premises used, intended for use, or previously used for disposing of solid waste.

“Disposal site” or “site” means the place, location, tract of land, area, or premises in use, intended to be used, or which has been used, for the disposal of solid wastes.

Section § 40124

Explanation

The term 'Diversion' refers to efforts that lessen or remove solid waste from being discarded in landfills. This includes various activities intended to decrease waste for the relevant division and related sections.

“Diversion” means activities which reduce or eliminate the amount of solid waste from solid waste disposal for purposes of this division, including Article 1 (commencing with Section 41780) of Chapter 6.

Section § 40127

Explanation

A "diversion program" is part of a community's waste management plan aimed at keeping waste out of landfills by reducing waste at the source, recycling, and composting. It is outlined in certain chapters of the waste management plan and includes any updates or changes approved by the waste management board.

“Diversion program” means a program in the source reduction and recycling element of a jurisdiction’s integrated waste management plan, specified in Chapter 2 (commencing with Section 41000) of, or Chapter 3 (commencing with Section 41300) of, Part 2 and that has the purpose of diverting solid waste from landfill disposal or transformation through source reduction, recycling, and composting activities. “Diversion program” additionally includes any amendments, revisions, or updates to the element, and any programs set forth in a time extension, alternative requirement, or compliance order approved by the board pursuant to Part 2 (commencing with Section 40900).

Section § 40130

Explanation

This section defines what an "enforcement agency" is within the context of this particular division. It refers to either the local agency appointed to enforce these rules or the board itself if no agency has been designated.

“Enforcement agency” means the local agency designated pursuant to Article 1 (commencing with Section 43200) of Chapter 2 of Part 4 for the purpose of carrying out this division, or the board if no designation of a local agency has been approved by the board.

Section § 40131

Explanation

This section defines an 'enforcement program' as the set of rules and procedures established by the board under a specific chapter of the law.

“Enforcement program” means the regulations and procedures adopted by the board pursuant to Chapter 2 (commencing with Section 43200) of Part 4.

Section § 40131.2

Explanation

This law defines what qualifies as 'Engineered Municipal Solid Waste Conversion' (EMSW conversion) in California. It must involve converting solid waste to supplement fossil fuels efficiently, without creating hazardous waste, and must maximize energy output. The waste should have less than 25% moisture, not be hazardous, and be efficiently processed with restricted storage and conversion amounts. An EMSW facility is one where this specific type of conversion takes place. A transformation facility can choose to be an EMSW facility if it meets all necessary criteria, but all operations must comply; otherwise, it remains a transformation facility.

(a)CA Public Resources Code § 40131.2(a) “Engineered municipal solid waste conversion” or “EMSW conversion” means the conversion of solid waste through a process that meets all of the following requirements:
(1)CA Public Resources Code § 40131.2(a)(1) The waste to be converted is beneficial and effective in that it replaces or supplements the use of fossil fuels.
(2)CA Public Resources Code § 40131.2(a)(2) The waste to be converted, the resulting ash, and any other products of conversion do not meet the criteria or guidelines for the identification of a hazardous waste adopted by the Department of Toxic Substances Control pursuant to Section 25141 of the Health and Safety Code.
(3)CA Public Resources Code § 40131.2(a)(3) The conversion is efficient and maximizes the net calorific value and burn rate of the waste.
(4)CA Public Resources Code § 40131.2(a)(4) The waste to be converted contains less than 25 percent moisture and less than 25 percent noncombustible waste.
(5)CA Public Resources Code § 40131.2(a)(5) The waste received at the facility for conversion is handled in compliance with the requirements for the handling of solid waste imposed pursuant to this division, and no more than a seven-day supply of that waste, based on the throughput capacity of the operation or facility, is stored at the facility at any one time.
(6)CA Public Resources Code § 40131.2(a)(6) No more than 500 tons per day of waste is converted at the facility where the operation takes place.
(7)CA Public Resources Code § 40131.2(a)(7) The waste has an energy content equal to, or greater than, 5,000 BTU per pound.
(8)CA Public Resources Code § 40131.2(a)(8) The waste to be converted is mechanically processed at a transfer or processing station to reduce the fraction of chlorinated plastics and materials.
(b)CA Public Resources Code § 40131.2(b) “Engineered municipal solid waste conversion facility” or “EMSW facility” means a facility where municipal solid waste conversion that meets the requirements of subdivision (a) takes place.
(c)CA Public Resources Code § 40131.2(c) Notwithstanding Section 40201, a transformation facility where solid waste conversion takes place that meets all of the requirements of subdivision (a) may elect to be considered an EMSW facility for purposes of this division and Division 31 (commencing with Section 50000), except that if a portion of a transformation facility’s operations does not meet the requirements of subdivision (a), the facility shall be considered to be a transformation facility.

Section § 40131.5

Explanation

This section defines the term "federal act" as referring to the Resource Conservation and Recovery Act of 1976 and any amendments made to it. This federal law is concerned with waste management and the conservation of resources.

“Federal act” means the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.).

Section § 40135

Explanation

This section establishes the Integrated Waste Management Fund in the California State Treasury. Any mention of the Solid Waste Management Fund in legal texts is now considered to refer to this newly named fund.

“Fund” means the Integrated Waste Management Fund, which is hereby created in the State Treasury. Any reference in this division or any other provision of law to the Solid Waste Management Fund shall mean the Integrated Waste Management Fund.

Section § 40135.1

Explanation

This law section defines the term "Account" specifically as the Integrated Waste Management Account, which was established according to Section 48001.

“Account” means the Integrated Waste Management Account created in the fund pursuant to Section 48001.

Section § 40140

Explanation

This law defines a 'hazard' as any situation, activity, or method that could be dangerous, harmful, or risky to employees, property, nearby communities, or the public in general.

“Hazard” includes any condition, practice, or procedure which is or may be dangerous, harmful, or perilous to employees, property, neighbors, or the general public.

Section § 40141

Explanation

Hazardous waste is a type of waste identified by its dangerous properties, sourced from Section 25117 of the Health and Safety Code. It can be dangerous due to its amount, concentration, or physical, chemical, or infectious nature.

Such waste can either lead to serious, incapacitating illnesses or increase the risk of death. Additionally, if not managed properly, it can pose a significant threat to human health or the environment.

This definition also includes extremely hazardous waste and acutely hazardous waste, unless specified otherwise.

(a)CA Public Resources Code § 40141(a) “Hazardous waste” means a waste, defined as a “hazardous waste” in accordance with Section 25117 of the Health and Safety Code, or a combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may do either of the following:
(1)CA Public Resources Code § 40141(a)(1) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.
(2)CA Public Resources Code § 40141(a)(2) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
(b)CA Public Resources Code § 40141(b) Unless expressly provided otherwise, “hazardous waste” includes extremely hazardous waste and acutely hazardous waste.

Section § 40145

Explanation
The term 'Jurisdiction' refers to cities, counties, or regional agencies that have been officially approved by the board under a specific regulation.
“Jurisdiction” means a city, county, or regional agency that is approved by the board pursuant to Section 40975.

Section § 40148

Explanation

This law defines what is meant by a 'large state facility' in California. It includes campuses of the California State University and Community Colleges, prisons under the Department of Corrections, and buildings for the State Department of Transportation and other state agencies. The determination of whether these are considered primary facilities is made by the board.

“Large state facility” means those campuses of the California State University and the California Community Colleges, prisons within the Department of Corrections, facilities of the State Department of Transportation, and facilities of other state agencies, that the board determines, are primary campuses, prisons, or facilities.

Section § 40150

Explanation

This section defines what a "local governing body" is. It's the legislative group in a city, county, or special district that has the power to manage solid waste services, like garbage collection and disposal.

“Local governing body” means the legislative body of the city, county, or special district which has authority to provide solid waste handling services.

Section § 40150.1

Explanation

A "multicounty regional agency" is a type of regional agency that covers areas in at least two or more rural counties.

“Multicounty regional agency” means a regional agency, as defined in Section 40181, that includes all of the jurisdictions that are located in at least two or more rural counties.

Section § 40150.2

Explanation

This section defines a 'minor violation' as breaking a law or rule that an enforcement agency can enforce, but without causing significant harm or risk. It's not considered minor if it injures people or property, is done on purpose, happens repeatedly, or makes the violator money through the noncompliance. It also excludes violations needing emergency responses. Minor violations usually involve failure to follow a rule or request, without severe consequences.

“Minor violation” means the failure of a person to comply with a requirement or condition of an applicable law, regulation, permit, information request, order, variance, or other requirement, whether procedural or substantive, that an enforcement agency or the board is authorized to implement or enforce pursuant to Part 5 (commencing with Section 45000) and that does not otherwise include any of the following:
(a)CA Public Resources Code § 40150.2(a) A violation that results in injury to persons or property or that presents a significant threat to human health or the environment.
(b)CA Public Resources Code § 40150.2(b) A knowing, willful, or intentional violation.
(c)CA Public Resources Code § 40150.2(c) A violation that is a chronic violation or that is committed by a recalcitrant violator. In determining whether a violation is chronic or a violator is recalcitrant, the enforcement agency or board, whichever issues the notice to comply, shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to applicable regulatory requirements.
(d)CA Public Resources Code § 40150.2(d) A violation that results in an emergency response from a public safety agency.
(e)CA Public Resources Code § 40150.2(e) A violation that enables the violator to benefit economically from the noncompliance, either by reduced costs or competitive advantage.

Section § 40151

Explanation
A 'nondisposal facility' is a type of solid waste facility that needs a permit according to specific regulations, but it does not include places designed for disposing of waste or transforming waste into other forms.
“Nondisposal facility” means any solid waste facility required to obtain a permit pursuant to Article 1 (commencing with Section 44001) of Chapter 3 of Part 4, except a disposal facility or a transformation facility.

Section § 40160

Explanation

This law section defines an 'operator' as someone who runs a solid waste facility or a disposal site.

“Operator” means a person who operates a solid waste facility or operates a disposal site.

Section § 40162

Explanation

The term "owner" refers to anyone who currently has the legal title or a leasing interest in a property being used as a solid waste facility or a disposal site.

“Owner” means a person who holds fee title to, or a leasehold or other possessory interest in, real property that is presently in use as a solid waste facility or is a disposal site.

Section § 40170

Explanation

This section defines the term 'person' to mean not just individual people, but also a wide range of organizations and entities, like companies, government bodies, and associations.

“Person” includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

Section § 40171

Explanation

This section defines 'pollution' as any situation where waste or substances in water, soil, or air degrade their quality or usefulness. If the waste amount, type, or condition changes the environment negatively, it is considered pollution.

“Pollution” means the condition caused by the presence in or on a body of water, soil, or air of any solid waste or substance derived therefrom in such quantity, of such nature and duration, or under such condition that the quality, appearance, or usefulness of the water, soil, land, or air is significantly degraded or adversely altered.

Section § 40172

Explanation

Processing refers to any method used to change solid waste, including reducing, separating, recovering, converting, or recycling it.

“Processing” means the reduction, separation, recovery, conversion, or recycling of solid waste.

Section § 40180

Explanation

The term "recycle" or "recycling" refers to taking waste materials, cleaning and processing them, and turning them back into raw materials that can be used to create new products. Recycling helps keep materials out of landfills and back into use in the economy. It does not include processes like incineration or energy recovery.

“Recycle” or “recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. “Recycling” does not include transformation, as defined in Section 40201 or EMSW conversion.

Section § 40181

Explanation

This law defines what a 'regional agency' is. It's an agency created under specific chapters of the Government Code, which allows for the formation of joint powers agreements. These agreements enable different governmental entities to cooperate on regional issues.

“Regional agency” means an agency formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code and Article 3 (commencing with Section 40970) of Chapter 1 of Part 2.

Section § 40182

Explanation

This section defines what a "regional water board" is in California. It refers to the agencies responsible for controlling water quality in specific regions of the state.

“Regional water board” means a California regional water quality control board.

Section § 40183

Explanation

This law defines a "rural city" or "rural regional agency" as a city or agency located in a rural county according to the criteria in Section 40184. It specifies that unless the board decides otherwise, existing reductions in certain obligations granted to rural cities by the board before January 1, 2008, remain unaffected. However, the board retains the right to review and potentially alter these reductions based on the regulations in Section 41787.

(a)CA Public Resources Code § 40183(a) “Rural city” or “rural regional agency” means a city or regional agency that is located within a rural county as defined in Section 40184.
(b)Copy CA Public Resources Code § 40183(b)
(1)Copy CA Public Resources Code § 40183(b)(1) Unless the board takes action pursuant to paragraph (2), this section does not affect any reduction granted to a rural city by the board pursuant to Section 41787 prior to January 1, 2008.
(2)CA Public Resources Code § 40183(b)(2) The board may review and take action regarding any reduction granted to a rural city by the board in accordance with subdivision (b) of Section 41787.

Section § 40184

Explanation

This law defines a 'rural county' as one that disposes of no more than 200,000 tons of solid waste each year. It also mentions that any waste reduction benefits given to rural counties before January 1, 2008, will not be affected unless the relevant board chooses to review and change them.

(a)CA Public Resources Code § 40184(a) “Rural county” means a county or multicounty regional agency that annually disposes of no more that 200,000 tons of solid waste.
(b)Copy CA Public Resources Code § 40184(b)
(1)Copy CA Public Resources Code § 40184(b)(1) Unless the board takes action pursuant to paragraph (2), this section does not affect any reduction granted to a rural county by the board pursuant to Section 41787 prior to January 1, 2008.
(2)CA Public Resources Code § 40184(b)(2) The board may review and take action regarding any reduction granted to a rural county in accordance with subdivision (b) of Section 41787.

Section § 40190

Explanation

This section defines what it means for recyclable materials to be 'segregated from other waste material'. It outlines that segregation can be achieved by placing recyclables in separate containers, binding them separately, or physically separating them from other waste.

“Segregated from other waste material” means any of the following:
(a)CA Public Resources Code § 40190(a) The placement of recyclable materials in separate containers.
(b)CA Public Resources Code § 40190(b) The binding of recyclable material separately from the other waste material.
(c)CA Public Resources Code § 40190(c) The physical separation of recyclable material from other waste material.

Section § 40190.5

Explanation

The term "sharps waste" refers to items like hypodermic needles, syringes, or lancets that are produced as waste in a household.

“Sharps waste” means waste generated by a household that includes a hypodermic needle, syringe, or lancet.

Section § 40191

Explanation

This section defines what counts as "solid waste." Solid waste includes various forms of waste like garbage, trash, and industrial waste. However, it expressly excludes hazardous waste, radioactive waste, and medical waste. Medical waste, if untreated, cannot be dumped in regular landfills unless treated and classified as solid waste.

(a)CA Public Resources Code § 40191(a) Except as provided in subdivision (b), “solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.
(b)CA Public Resources Code § 40191(b) “Solid waste” does not include any of the following wastes:
(1)CA Public Resources Code § 40191(b)(1) Hazardous waste, as defined in Section 40141.
(2)CA Public Resources Code § 40191(b)(2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code).
(3)CA Public Resources Code § 40191(b)(3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to this division.

Section § 40192

Explanation

This section explains what 'solid waste disposal' means in California. Generally, it refers to the final dumping of solid waste on land, in the air, or in water. However, there are exceptions when it comes to different parts of the law. For some parts, it specifically refers to managing solid waste through landfills or other technologies at permitted facilities. For other parts, it strictly means dumping onto land.

(a)CA Public Resources Code § 40192(a) Except as provided in subdivisions (b) and (c), “solid waste disposal,” “disposal,” or “dispose” means the final deposition of solid wastes onto land, into the atmosphere, or into the waters of the state.
(b)CA Public Resources Code § 40192(b) For purposes of Part 2 (commencing with Section 40900), “solid waste disposal,” “dispose,” or “disposal” means the management of solid waste through landfill disposal, transformation, or EMSW conversion, at a permitted solid waste facility, unless the term is expressly defined otherwise.
(c)CA Public Resources Code § 40192(c) For purposes of Chapter 16 (commencing with Section 42800) and Chapter 19 (commencing with Section 42950) of Part 3, Part 4 (commencing with Section 43000), Part 5 (commencing with Section 45000), Part 6 (commencing with Section 45030), and Chapter 2 (commencing with Section 47901) of Part 7, “solid waste disposal,” “dispose,” or “disposal” means the final deposition of solid wastes onto land.

Section § 40193

Explanation

This section defines a 'solid waste enterprise' as any person or private entity, like a company or partnership, that regularly offers services for managing solid waste.

“Solid waste enterprise” means any individual, partnership, joint venture, unincorporated private organization, or private corporation, which is regularly engaged in the business of providing solid waste handling services.

Section § 40194

Explanation

A "solid waste facility" is any place that handles waste, like transfer stations, composting sites, gasification plants, transformation and disposal sites, and certain facilities converting engineered municipal solid waste. It also includes certain operations approved by enforcing agencies, as per regulations.

“Solid waste facility” includes a solid waste transfer or processing station, a composting facility, a gasification facility, a transformation facility, an EMSW conversion facility, and a disposal facility. For purposes of Part 5 (commencing with Section 45000), “solid waste facility” additionally includes a solid waste operation that may be carried out pursuant to an enforcement agency notification, as provided in regulations adopted by the department.

Section § 40195

Explanation

This section defines "solid waste handling" as activities related to managing solid waste, including collecting, moving, storing, transferring, or processing it.

“Solid waste handling” or “handling” means the collection, transportation, storage, transfer, or processing of solid wastes.

Section § 40195.1

Explanation

A 'solid waste landfill' is a place where solid waste is dumped, but it excludes facilities that only dispose of waste generated from mineral processing or cemeteries that only deal with their own grass and floral waste. For certain regulations, a solid waste landfill also doesn't include places handling only nonhazardous wood waste from timber production. These wood waste facilities must pay a state fee that was set in 1992 for disposing of waste.

(a)CA Public Resources Code § 40195.1(a) “Solid waste landfill” means a disposal facility that accepts solid waste for land disposal, but does not include a facility which receives only wastes generated by the facility owner or operator in the extraction, beneficiation, or processing of ores and minerals, or a cemetery which disposes onsite only the grass clippings, floral wastes, or soil resulting from activities on the grounds of that cemetery.
(b)CA Public Resources Code § 40195.1(b) For the purposes of Article 3 (commencing with Section 43500) and Article 4 (commencing with Section 43600) of Chapter 2 of Part 4, “solid waste landfill” does not include a facility which receives only nonhazardous wood waste derived from timber production or wood product manufacturing. For the purposes of the fee imposed by Section 48000, facilities which receive only nonhazardous wood waste derived from timber production or wood product manufacturing shall, notwithstanding Section 48000, pay a quarterly fee to the state board on all solid waste disposed at each disposal site, which does not exceed the amount of the fee due and payable to the state board by those facilities during the 1992 calendar year.

Section § 40196

Explanation

This law defines "source reduction" as any action that leads to a decrease in the creation of solid waste. Examples include using fewer nonrecyclable materials, swapping disposable items for reusable ones, and cutting down on packaging and yard waste. It also encourages garbage pricing that rewards waste reduction and better use of everyday materials like paper and plastic. However, it doesn't count activities that occur after waste is already generated or actions that shift waste issues to air or water instead of land.

“Source reduction” means any action which causes a net reduction in the generation of solid waste. “Source reduction” includes, but is not limited to, reducing the use of nonrecyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing garbage rate structures with incentives to reduce the amount of wastes that generators produce, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials. “Source reduction” does not include steps taken after the material becomes solid waste or actions which would impact air or water resources in lieu of land, including, but not limited to, transformation.

Section § 40196.3

Explanation

This law section defines what constitutes a 'state agency' in California. It includes all state offices, departments, divisions, boards, commissions, or other state entities. It specifically mentions that the California Community Colleges and the California State University fall under this definition. Additionally, it suggests that the Regents of the University of California should also follow the guidelines of this division.

“State agency” means every state office, department, division, board, commission, or other agency of the state, including the California Community Colleges and the California State University. The Regents of the University of California are encouraged to implement this division.

Section § 40196.5

Explanation

The term "State board" refers to the State Board of Equalization.

“State board” means the State Board of Equalization.

Section § 40197

Explanation

In this section, the term 'state water board' specifically refers to the State Water Resources Control Board.

“State water board” means the State Water Resources Control Board.

Section § 40200

Explanation

This law section defines what a 'transfer or processing station' is and what it is not. Essentially, such a station is a facility that handles solid waste by receiving, storing, processing, or transferring it, sometimes moving waste from smaller to larger vehicles. However, this definition does not cover facilities that primarily handle manure, those that process pre-sorted waste for reuse, operations incidental to a licensed solid waste handler's business, or EMSW (engineered municipal solid waste) conversion facilities.

(a)CA Public Resources Code § 40200(a) “Transfer or processing station” or “station” includes those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport, and those facilities utilized for transformation.
(b)CA Public Resources Code § 40200(b) “Transfer or processing station” or “station” does not include any of the following:
(1)CA Public Resources Code § 40200(b)(1) A facility, whose principal function is to receive, store, separate, convert, or otherwise process in accordance with state minimum standards, manure.
(2)CA Public Resources Code § 40200(b)(2) A facility, whose principal function is to receive, store, convert, or otherwise process wastes that have already been separated for reuse and are not intended for disposal.
(3)CA Public Resources Code § 40200(b)(3) The operations premises of a duly licensed solid waste handling operator who receives, stores, transfers, or otherwise processes wastes as an activity incidental to the conduct of a refuse collection and disposal business in accordance with regulations adopted pursuant to Section 43309.
(4)CA Public Resources Code § 40200(b)(4) An EMSW conversion facility.

Section § 40201

Explanation

This section defines "transformation" as processes like burning, chemically breaking down, or biologically changing waste, excluding composting. However, it makes clear that transformation does not cover composting, turning waste into gas, certain types of energy conversions, or converting biological materials.

“Transformation” means incineration, pyrolysis, distillation, or biological conversion other than composting. “Transformation” does not include composting, gasification, EMSW conversion, or biomass conversion.