California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 1.1 - Recycling Market Development Revolving Loan Program › Section 17931 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Applicant"
				  means an entity that is applying for a Loan.
(b) "Application" means the information an
				  Applicant must provide to the Board when seeking a loan.
(c) "Board Loan Committee" or "Loan
				  Committee" means the committee referred to and established in Section
				  17935.5 of this Chapter.
(d) "Borrower" means an Applicant whose
				  application has been approved and who has executed a Loan Agreement.
(e) "Board" means California Integrated Waste
				  Management Board.
(f) "CEQA" is the
				  California Environmental Quality Act found in Public Resources Code Sections
				  21000,
				  et seq.
(g) "Capital Improvements"
				  means physical improvements to publicly owned land, including buildings,
				  structures and fixtures or attachments of a permanent or semi-permanent nature,
				  including large equipment, erected on and affixed to the land.
(h) "Designation" means a Zone Applicant has
				  received written notification from the Board stating it has satisfactorily
				  completed all the requirements for designation as a Recycling Market
				  Development Zone.
(i)
				  "Infrastructure" means the basic facilities, such as sewer, water,
				  transportation, and utility systems.
(j) "Loan" means a loan from the Recycling
				  Market Development Revolving Loan Subaccount or the California Tire Recycling
				  Management Fund.
(k) "Loan
				  Agreement" means a written agreement between a Borrower and the Board for a
				  Loan made in accordance with this Article.
(l) "May" means a provision is
				  permissive.
(m) "Must" means a
				  provision is mandatory.
(n)
				  "Onerous Debt" means debt with high interest rates and/or short terms that
				  causes a negative impact on the Borrower's cash flow and jeopardizes the
				  Borrower's ability to convert to or expand its diversion of recycled or
				  secondary material.
(o) "Phase I
				  Assessment" means an assessment to be completed by a specialized engineering or
				  consulting firm that provides a professional opinion, based on obvious
				  evidence, as to the past and potential usage, storage, handling, or disposal of
				  materials within the property that have been or may be toxic or hazardous, or
				  may cause violations of state and/or federal laws, rules, or regulations
				  pertaining to soil and water quality; and to identify past and potential
				  off-site contaminant sources that did have, or may have an adverse
				  environmental impact on the property. The assessment may be performed at the
				  time of loan application or at any time during the life of the loan, as
				  determined necessary by the Board. Hazardous materials and wastes that are to
				  be identified include those meeting the definitions of Public Resources Code
				  Section
				  40141
				  and Health and Safety Code Sections
				  25117
				  and
				  25501(k).
(p) "Postconsumer waste material" is defined
				  in Public Resources Code Section
				  42002(b).
(q) "Project" means the activity for which a
				  loan is requested.
(r) "Recycling
				  Market Development Zone" or "Zone" is a geographic area as defined by Public
				  Resources Code Section
				  42002(d).
(s) "Reuse" means to take a product, rather
				  than a material, which has served its useful life or is factory defective, and
				  provide some new value to the product, by reconditioning, reprocessing, or some
				  other process which makes the product usable again for its original intended
				  purpose.
(t) "Secondary waste
				  material" is defined in Public Resources Code Section
				  42002(f).
(u) "Source reduction" is defined in Public
				  Resources Code Section
				  40196.
(v) "Value added product" means an item which
				  has increased in value or changed its character or composition through a
				  manufacturing or reuse process. Collecting, sorting and/or baling of recycled
				  or recovered materials for convenience or ease of transportation does not
				  constitute adding value.
(w) "Zone
				  administrator" is defined in Section
				  17901(j) of this
				  Chapter.
1. New
					 section filed 11-24-92; operative 11-24-92 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 48). For prior history, see Register 91, No.
					 14.
2. Change without regulatory effect amending subsections (r)-(t)
					 and NOTE filed 7-8-94 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 94, No. 27).
3. Amendment of subsections (c),
					 (s) and (t) and amendment of NOTE filed 9-15-97; operative 9-15-97 pursuant to
					 Government Code section
					 11343.4(d)
					 (Register 97, No. 38).
4. Amendment filed 4-8-98; operative 5-8-98
					 (Register 98, No. 15).
5. Amendment of subsection (a), repealer of
					 subsection (h), subsection relettering and amendment of NOTE filed 10-18-2005;
					 operative 11-17-2005 (Register 2005, No. 42).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Sections
						42023.1
						and
						42023.4,
						Public Resources Code.