Integrated Waste ManagementDefinitions
Section § 40100
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.
Section § 40105
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.
Section § 40106
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.
Section § 40110
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.
Section § 40115
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.
Section § 40115.5
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.
Section § 40116
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.
Section § 40116.1
This section defines "composting" as the process where organic waste breaks down biologically, either controlled or uncontrolled.
Section § 40117
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%.
Section § 40118
This section defines the term "Department" as referring to the Department of Resources Recycling and Recovery.
Section § 40120
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.
Section § 40120.1
Section § 40120.05
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.
Section § 40121
Section § 40122
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.
Section § 40124
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.
Section § 40127
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.
Section § 40130
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.
Section § 40131
This section defines an 'enforcement program' as the set of rules and procedures established by the board under a specific chapter of the law.
Section § 40131.2
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.
Section § 40131.5
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.
Section § 40135
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.
Section § 40135.1
This law section defines the term "Account" specifically as the Integrated Waste Management Account, which was established according to Section 48001.
Section § 40140
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.
Section § 40141
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.
Section § 40145
Section § 40148
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.
Section § 40150
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.
Section § 40150.1
A "multicounty regional agency" is a type of regional agency that covers areas in at least two or more rural counties.
Section § 40150.2
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.
Section § 40151
Section § 40160
This law section defines an 'operator' as someone who runs a solid waste facility or a disposal site.
Section § 40162
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.
Section § 40170
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.
Section § 40171
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.
Section § 40172
Processing refers to any method used to change solid waste, including reducing, separating, recovering, converting, or recycling it.
Section § 40180
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.
Section § 40181
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.
Section § 40182
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.
Section § 40183
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.
Section § 40184
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.
Section § 40190
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.
Section § 40190.5
The term "sharps waste" refers to items like hypodermic needles, syringes, or lancets that are produced as waste in a household.
Section § 40191
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.
Section § 40192
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.
Section § 40193
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.
Section § 40194
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.
Section § 40195
This section defines "solid waste handling" as activities related to managing solid waste, including collecting, moving, storing, transferring, or processing it.
Section § 40195.1
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.
Section § 40196
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.
Section § 40196.3
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.
Section § 40196.5
The term "State board" refers to the State Board of Equalization.
Section § 40197
In this section, the term 'state water board' specifically refers to the State Water Resources Control Board.
Section § 40200
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.
Section § 40201
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.