California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 9 - Planning Guidelines and Procedures for Preparing and Revising Countywide Integrated Waste Management Plans › Article 9.25 - Recycling and Disposal Reporting System › Section 18815.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  For the purposes of this article, the following terms have the meanings given
				  below.
(1) "Alternative daily cover" or "ADC"
				  means a type of beneficial reuse satisfying the requirements set forth in
				  section 20690 of Title 27 of the
				  California Code of Regulations.
(2)
				  "Alternative intermediate cover" or "AIC" means a type of beneficial reuse
				  satisfying the requirements set forth in section
				  20700 of Title 27 of the
				  California Code of Regulations.
(3)
				  "Automobile dismantler" has the same meaning as in section 17402.5(c)(1) of
				  this division. This does not include automobile shredders, as defined in
				  section 17402.5(c)(2) of this division.
(4) "Automobile shredder" or "Metal shredder"
				  has the same meaning as in section 17402.5(c)(2) of this division. This does
				  not include automobile dismantlers, which has the same meaning as in section
				  17402.5(c)(1) of this division.
(5)
				  "Beneficial reuse" has the same meaning as in section
				  20686 of Title 27 of the
				  California Code of Regulations and occurs at disposal facilities. Beneficial
				  reuse does not include the use of clean or contaminated soil. For the purposes
				  of this article, beneficial reuse includes waste-derived materials used for:
(A) ADC
(B) AIC
(C) Construction, for example, final cover,
				  foundation layer, liner operations layer, leachate and landfill gas collection
				  systems, fill, road base, wet weather operations pads, and access
				  roads.
(D) Landscaping and erosion
				  control, for example, soil amendments for erosion control, dust suppression,
				  landscaping, and stormwater protection.
(6) "Biosolids" means sewage sludge that has
				  been treated to meet the land application standards for heavy metal
				  concentrations, and pathogen and vector control as specified in Subparts B and
				  D of Part 503 of Title 40 of the Code of Federal Regulations.
(7) "Broker" means a person who takes control
				  of material from a reporting entity in California for the purpose of
				  determining the destination of the material. For the purposes of this article,
				  a broker takes control of material by acquiring the authority to determine the
				  destination of the material. When used in this article with respect to a
				  broker, the terms "sent to" and "received by" a broker do not require physical
				  possession or legal ownership of the material, but, rather, that the broker has
				  taken control of the material as described above. Brokers are not haulers,
				  disposal facilities, transfer/processors, recyclers, or composters. A person
				  that arranges or facilitates the sale or transfer of materials, but does not
				  determine the destination of the material, is not a broker.
(8) "Business-to-business post-industrial
				  recycling" means a recycling activity that:
(A) Meets all of the following conditions:
(i) A commercial generator generates
				  materials as a by-product of an industrial or manufacturing process,
(ii) The commercial generator separates the
				  material at the source of generation,
(iii) The commercial generator sells or
				  transfers the material directly to a recycler in a business-to-business
				  relationship, and
(iv) The recycler
				  produces an intermediate product equivalent to a specification grade raw
				  material for use by end users; and
(B) Does not include materials from the
				  following sources:
(i) Residential
				  generators,
(ii) Curbside
				  collection of recyclables,
(iii)
				  Collection implemented pursuant to mandatory commercial recycling requirements
				  established in section 42649 et seq. of the Public Resources Code,
(iv) Scavengers or collectors who did not
				  generate the materials,
(v)
				  Collection of post-consumer materials,
(vi) Commercial generators that do not
				  directly generate the material as a result of an industrial or manufacturing
				  process but whose recycling or reuse activities result in the accumulation of
				  the material, or
(vii) Contract
				  haulers, operations or facilities that are required to have an RDRS
				  registration number.
(9) "Carpet" has the same meaning as in
				  section
				  42971(d)
				  of the Public Resources Code.
(10)
				  "Chipping and grinding facility or operation" means a facility or operation
				  that meets the requirements in section 17862.1 of this division, section
				  17383.3 of this division for construction and demolition wood debris-related
				  operations, or section 17852(a)(12) of this division.
(10.5) "Collection Method" means the method
				  through which a reporting entity receives materials, as follows:
(A) For material received from a hauler or
				  generator, collection method includes, at a minimum, the source sector,
				  pursuant to paragraph (58), material stream, and whether the material was
				  required to be segregated for collection or receipt, and, if so, how (e.g.,
				  contract-hauled commercial mixed waste, contract-hauled residential 1-bin
				  recycling, self-hauled mixed recycling), and any collection-related information
				  that haulers or generators otherwise must provide to reporting entities
				  pursuant to this article.
(B) For
				  material received from an entity other than a hauler or generator, collection
				  method refers to the entity type from which the materials were received (e.g.,
				  transfer/processor).
(11)
				  "Commercial sector" means businesses, industries, institutions, public
				  organizations, school districts and universities, and multifamily residences of
				  five or more units.
(12) "Compost"
				  has the same meaning as in section 17896.2(a)(4) of this division. For the
				  purposes of this article, compost is considered an intermediate product after
				  it has achieved acceptable metal concentrations, pathogen reduction, and
				  physical contamination levels as required by sections 17868.2, 17868.3, and
				  17868.3.1 of this division.
(13)
				  "Composting operation" or "composting facility" has the same meaning as
				  "compostable material handling operation" or "composting facility" as defined
				  in section 17852(a)(12) of this division, and includes in-vessel digestion as
				  regulated in section 17896 of this division. A person operating a "composting
				  operation" or "composting facility" is referred to as a "composter" in these
				  regulations.
(14) "Construction and
				  demolition/inert debris" or "CDI" means any combination of construction and
				  demolition debris as defined in section 17381(e) of this division and inert
				  debris as defined in section 17381(k) of this division.
(15) "Contact information" means name,
				  mailing address, physical address, phone number, and e-mail address.
(16) "Contract Hauler" means any person,
				  whether through a franchise or private contract, paid to collect and move
				  material from a generator to a destination out of state, a reporting entity, or
				  an end user. Any material delivered by a contract hauler is referred to as
				  "contract-hauled" in this article.
(17) "Conveyance system" means a method
				  designed to move material from one facility or operation to another facility or
				  operation on the same site. Examples of a conveyance system include, but are
				  not limited to, conveyor belts, pipes, tubes, and heavy equipment, such as a
				  front-end loader.
(18) "Department"
				  means the California Department of Resources Recycling and Recovery.
(19) "Designated waste" has the same meaning
				  as in section
				  13173 of the
				  California Water Code.
(20)
				  "Disaster debris" has the same meaning as in section 17210.1(d) of this
				  division.
(21) "Direct-hauled"
				  means material sent directly to a transfer/processor or disposal facility from
				  either a generator or another reporting entity that is not a
				  transfer/processor.
(22) "Disposal"
				  has the same meaning as section
				  40192(b)
				  of the Public Resources Code, except that it does not include either of the
				  following:
(A) lawful land application that
				  complies with section 17852(a)(24.5) of this division;
(B) engineered municipal solid waste (EMSW)
				  conversion of tires or biomass, if such materials have been separated from
				  other solid waste prior to receipt by an EMSW conversion facility.
(23) "Disposal facility" means a
				  facility where the disposal of solid waste occurs, including, but not limited
				  to:
(A) Landfills,
(B) Engineered municipal solid waste
				  conversion facilities,
(C)
				  Transformation facilities, and
(D)
				  Inert debris and CDI disposal facilities as specified in sections 17388.4 and
				  17388.5 of this division.
(24) "End user" means a person who uses a
				  material, as defined in this section, within the following categories:
(A) "Manufacturing and Packaging." This
				  includes, but is not limited to, a person who uses the material to produce
				  consumer products, industrial products, pet or animal feed, or packaging. It
				  also includes a person who takes finished compost from a reporting entity and
				  blends, packages, bags or distributes it to consumers. Manufacturers who
				  produce consumer or industrial products with recycled content and do not
				  transfer or sell intermediate products to other entities are "end users," not
				  reporting entities.
(B) "Fuel
				  consumer." This includes, but is not limited to, a person who takes or uses
				  material, including, but not limited to, biomass or tires for use as fuel.
				  Biomass conversion is a "fuel consumer end use." EMSW conversion of tires and
				  biomass that have been separated from other solid waste prior to receipt by an
				  EMSW conversion facility is a "fuel consumer end use." A "transformation
				  facility" as defined in subsection (a)(63) that is not considered an "EMSW
				  facility" as defined in section
				  40131.2(b)
				  of the Public Resources Code is not a "fuel consumer."
(C) "Material consumer." This includes, but
				  is not limited to, a person who takes an intermediate product derived from
				  organics or recyclables from a reporting entity for general consumer
				  distribution or retail, such as compost or wood chips, or who takes materials
				  sent from a reporting entity for reuse pursuant to paragraph (53).
(D) "Construction end user." This includes,
				  but is not limited to, a person who takes a material and uses it in
				  construction.
(E) "Land
				  application." This includes, but is not limited to, a person who takes an
				  organic intermediate product and uses it for land application.
(F) "Inert debris fill." This includes, but
				  is not limited to, a person who takes inert debris and uses it for engineered
				  fill.
(25) "Engineered
				  municipal solid waste conversion" or "EMSW conversion" has the same meaning as
				  in section
				  40131.2
				  of the Public Resources Code. For the purposes of this article, EMSW conversion
				  of solid waste shall be reported pursuant to section 18815.6(a) of this
				  article, with the exception of tires and biomass that have been separated from
				  other solid waste prior to receipt by an EMSW conversion facility.
(25.5) "Export" has the same meaning as in
				  subdivision (c) of section
				  41781.4
				  of the Public Resources Code. For purposes of this article, tribal lands within
				  the United States or territorial holdings of the United States shall not be
				  considered outside the United States. When determining whether material has
				  been exported, material shall be considered sent to the location where the
				  material is received by the recipient, regardless of any address or location
				  otherwise associated with the sending or receiving entity.
(26) "Food waste" is organic solid waste and
				  has the same meaning as "food material" in section 17852(a)(20) of this
				  division. "Food waste" excludes "agricultural material" and "agricultural
				  by-product material" as defined in sections 17852(a)(4.5) and 17852(a)(5) of
				  this division. "Food waste" does not include food redirected to edible food
				  recovery organizations, food banks, direct animal feeding, or other
				  applications that meet the definition of "reuse" as defined in subsection
				  (a)(53).
(27) "Food waste
				  self-hauler" means a person who generates and hauls, utilizing their own
				  employees and equipment, an average of one cubic yard or more per week, or
				  6,500 pounds or more per quarter of their own food waste to a location or
				  facility that is not owned and operated by that person. A person who self-hauls
				  food waste but does not meet the criteria to be considered a "food waste
				  self-hauler" is a "self-hauler," and not a "food waste self-hauler."
(28) "Furniture" means large, bulky objects
				  used to enhance a residence, business, or other space for living or working.
				  This includes, but is not limited to, couches, chairs, dressers, tables, desks,
				  and bed frames. Furniture does not include mattresses, as defined by section
				  42986(g)
				  of the Public Resources Code.
(29)
				  "Generator" means a person whose activities result in the initial creation of
				  material.
(30) "Glass" means a
				  hard, brittle, usually transparent nonhazardous substance commonly made from
				  sand heated with chemicals. This includes, but is not limited to, whole or
				  crushed materials derived from clear or colored containers with or without
				  California Redemption Value, flat glass, and automotive glass.
(31) "Government entity" has the same meaning
				  as defined in section
				  41821.5(g)(4)
				  of the Public Resources Code.
(32)
				  "Hauler" means a person who collects material from a generator and delivers it
				  to a reporting entity, end user, or a destination outside of the state.
				  "Hauler" includes public contract haulers, private contract haulers, food waste
				  self-haulers, and self-haulers. A person who transports material from a
				  reporting entity to another person is a transporter, not a hauler.
(33) "Intermediate product" means a material
				  or feedstock derived from organics or recyclables that:
(A) Either replaces or substitutes for a
				  virgin material in a manufacturing, construction, or agricultural process,
				  including, but not limited to, plastic pellets, plastic flake, paper pulp,
				  crushed/baled/shredded metal, and glass cullet, or
(B) Replaces or substitutes for a virgin
				  material in the production of energy, including, but not limited to, tires that
				  have been separated from other solid waste prior to EMSW conversion, biomass
				  that has been separated from other solid waste prior to EMSW conversion, and
				  biomass at a biomass conversion facility, or
(C) Is wood chips that meet applicable
				  industry standards for use in playgrounds, landscaping, erosion control, and by
				  biomass conversion facilities, or
(D) Is compost, or
(E) Is a suitable homogeneous mixture used
				  for direct land application or fill, such as aggregate or crushed miscellaneous
				  base, or organics, including biosolids and biochar.
(34) "Jurisdiction of origin" means the place
				  where a material is initially generated. For places located within California,
				  this means a city, county, city and county, or regional agency with
				  responsibility for waste management, formed pursuant to sections
				  40970
				  through
				  40975
				  of the Public Resources Code. For places located in states or territories of
				  the United States other than the State of California, jurisdiction of origin
				  means the state, territory, or tribal lands in which a material was generated.
				  For places located in a country other than the United States of America,
				  jurisdiction of origin means the country or tribal lands in which a material
				  was generated.
(35) "Land
				  application" has the same meaning as in section 17852(a)(24.5) of this
				  division, and includes biosolids applied under the purview of the United States
				  Environmental Protection Agency, the statewide waste discharge requirements,
				  also known as a general order, or individual waste discharge requirements
				  issued by a Regional Water Quality Control Board. A person who applies
				  "compost" as defined in subsection (a)(12) is a "material consumer" end user as
				  defined in subsection (a)(24)(C).
(36) "Maintenance District Yard" means a
				  transfer/processor that has been issued a Solid Waste Identification System
				  (SWIS) number by the Department, and is directly operated by a municipality,
				  sanitation district, county, state, or federal public works or sanitation
				  agency, including the United States Forest Service. A "maintenance district
				  yard" also means an unpermitted facility or operation whose primary purpose is
				  to receive waste collected from road maintenance activities, such as sweeping
				  public thoroughfares, litter abatement, and maintaining street trees.
(37) "Material(s)" means solid waste,
				  recyclables, and organics, as well as intermediate products derived from these
				  materials. "Mixed materials" means a combination of different material
				  types.
(38) "Metal" means iron,
				  steel, tin, aluminum, copper, and their alloys, including scrap metal and
				  products made of these metals, like containers, building materials, and
				  plumbing materials.
(38.4) "Mixed
				  plastic waste" is a mixture of plastics and any other materials, other than
				  solid waste and green material for potential beneficial reuse, where such
				  mixture does not comprise only high-density polyethylene, polypropylene,
				  polyethylene terephthalate, or a combination of those three resin
				  types.
(38.5) "Mixed waste organic
				  collection stream" has the same meaning as in section 17402(a)(11.5) of this
				  division.
(39) "Organics" means
				  material originated from living organisms and their metabolic waste products.
				  This includes, but is not limited to, food, "agricultural material" as defined
				  in section 17852(a)(5) of this division, "agricultural by-product material" as
				  defined in section 17852(a)(4.5) of this division, green material, landscape
				  and pruning waste, nonhazardous lumber and dimensional wood, manure,
				  compostable paper, digestate, biosolids, and biogenic sludges; and any product
				  manufactured or refined from these materials, including compost and wood
				  chips.
(40) "Paper" means all types
				  of paper products including pulp, corrugated cardboard, newspaper, office
				  paper, magazines, catalogs and directories, and other composite paper products
				  such as food and beverage cartons and containers.
(41) "Person" has the same meaning as in
				  section
				  40170
				  of the Public Resources Code.
(42)
				  "Plastic" means a material made from a wide range of polymers, which can be
				  used to make rigid and flexible plastic products. This includes, but is not
				  limited to, packaging, such as bags, bottles, caps, clamshells, containers,
				  cups, films, and lids; household and bulky rigid items, such as buckets,
				  crates, toys, and tubs; agricultural products, such as drip tape, film, and
				  greenhouse covers; and other products, such as electronics housing, carpet
				  fibers, automobile plastics, and bioplastics.
(43) "Recycle" or "recycling" has the same
				  meaning as defined in section
				  40180
				  of the Public Resources Code, except that, for purposes of determining
				  facilities' reporting obligations under this article, recycling shall also
				  include all activities considered recycling for purposes of section
				  41821.5(j)
				  of the Public Resources Code. A person who engages in recycling is referred to
				  as a "recycler" in these regulations. Recycling does not include "reuse" as
				  defined in subsection (a)(53). For the purposes of reporting under this
				  article, persons who are not exempt as set forth in section 18815.3(c) of this
				  article are required to report activities that constitute recycling, as defined
				  in this paragraph, and shall register and report such activities as recyclers,
				  as set forth in sections 18815.3(b)(4) and 18815.7 of this article. The
				  following are examples of activities that may constitute recycling, as defined,
				  for particular materials:
(A) For materials
				  such as paper, glass, metal, and plastics, recycling includes, but is not
				  limited to, sorting, cleaning, baling, shredding, pulping, crushing, cullet
				  making, flaking, and pelletizing.
(B) For organics that are not composted,
				  recycling includes, but is not limited to, wastewater treatment, producing
				  mulch, or chipping and grinding.
(C) For CDI, recycling includes, but is not
				  limited to, sorting, crushing, grinding, shredding, sizing, or other
				  processing.
(D) For other products
				  including furniture, carpet, white and brown goods and textiles, recycling
				  includes, but is not limited to, sorting, baling, crushing, cutting, shearing,
				  deconstructing, and removing components from products for recycling (not resale
				  or reuse).
(44)
				  "Recycling and Disposal Reporting System" or "RDRS" means the Department's
				  electronic system for reporting pursuant to this article.
(45) "Recycling and disposal reporting system
				  number" or "RDRS number" means the number assigned to a reporting entity upon
				  registration with the Department's electronic Recycling and Disposal Reporting
				  System.
(46) "Recycling facility or
				  operation" or "Recycler" means any facility or operation that recycles
				  material, as defined in this article. Recycling facilities or operations
				  include entities that meet the definition of "Recycling Center" set forth in
				  section 17402.5(d) of this division. This also includes chipping and grinding
				  operations, and CDI recycling centers as described in section 17381.1 of this
				  division.
(47) "Report" means the
				  quarterly report submitted to the Department by a reporting entity.
(48) "Reporting entity" means a person who
				  engages in reportable activities. A "reporting entity" is required to register
				  and report pursuant to section 18815.3 of this article. A "reporting entity" is
				  required to report on material handling activities pursuant to sections 18815.4
				  through 18815.8 of this article, as applicable, within the following reporting
				  entity categories:
(A) Haulers
(B) Transfer/processors
(C) Recycling and composting facilities and
				  operations
(D) Disposal
				  facilities
(E) Brokers and
				  transporters
(49)
				  "Reporting period" or "Quarter" means the time period for which a report must
				  be submitted to the Department. The four reporting periods or four quarters in
				  each calendar year are:
(A) Reporting Period
				  1--January 1 to March 31
(B)
				  Reporting Period 2--April 1 to June 30
(C) Reporting Period 3--July 1 to September
				  30
(D) Reporting Period 4--October
				  1 to December 31
(50)
				  "Residential sector" means single-family residences and multifamily residences
				  of less than 5 units.
(51)
				  "Residual" has the same meaning as in section 17402.5(b)(1) of this
				  division.
(52) "Resale for Reuse"
				  means selling a used object or material again, to a person who will use it
				  either for its original purpose or for a closely-related purpose, not as a raw
				  material, but without significantly altering the physical form of the object or
				  material. This does not include beneficial reuse.
(53) "Reuse" means the utilization of an
				  object or material again by a person for its original purpose or for a
				  closely-related purpose, not as a raw or intermediate material, but without
				  significantly altering the physical form of the object or material.
(54) "Sent" means sold or transferred. "Sent"
				  is further defined as the collection, transportation or delivery of material by
				  a person to or from a generator, reporting entity, or an end user.
(55) "Self-hauler" means a person who hauls
				  material they have generated to another person. "Food waste self-haulers" are a
				  type of self-hauler.
(56) "Site"
				  means one physical address or assessor parcel number, or multiple adjacent
				  addresses or assessor parcel numbers, that contain(s) one or more facilities,
				  operations, or activities.
(57)
				  "Solid waste" has the same meaning as in section 18720(a)(40) of this chapter.
				  Solid waste includes, but is not limited to, material accepted in a mixed waste
				  organic collection stream.
(57.5)
				  "Solid Waste Information System" or "SWIS" means the electronic system through
				  which the Department assigns unique identification numbers to specific solid
				  waste facilities and operations and records information regarding the
				  activities conducted by such facilities and operations.
(58) "Source sector" means one of these
				  sources from which solid waste is generated:
(A) Contract-hauled single-family residential
				  (e.g., houses),
(B) Contract-hauled
				  commercial/multi-family residential (e.g., businesses and apartments),
				  or
(C) Self-hauled (e.g., hauled by
				  a generator).
(58.5)
				  "Source separated organic waste collection stream" has the same meaning as in
				  section 17402(a)(26.6) of this division.
(59) "Textiles" means items made of natural
				  or synthetic thread, yarn, fabric, or cloth, including clothing, fabric
				  trimmings, and draperies, but excluding carpet.
(60) "Tire-derived rubber" means rubber from
				  the processing of waste tires as defined in section
				  42807
				  of the Public Resources Code.
(61)
				  "Ton," also referred to as "short ton" or "net ton," means 2,000 pounds. Weight
				  of material shall be reported as handled.
(62) "Transfer/processor" has the same
				  meaning as "Transfer/processing facilities" and "transfer/processing
				  operations," as defined in sections 17402(a)(30-31) of this division, as well
				  as CDI processing operations and facilities as defined in sections 17383.5
				  through 17383.8 of this division, which receive, temporarily store, convert,
				  process, and transfer materials for recycling, composting, or disposal, but do
				  not meet the requirements of a "Recycling Center" set forth in in section
				  17402.5(d) of this division.
(63)
				  "Transformation Facility" has the same meaning as in section
				  40201
				  of the Public Resources Code.
(64)
				  "Transporter" means a person who takes physical possession and control, and
				  determines the destination, of materials or intermediate products from a
				  reporting entity, and transports those materials to another person inside or
				  outside the state. A person who collects and moves materials from a generator
				  is not a transporter. A driver employed or contracted by a reporting entity to
				  deliver materials to a destination specified by the contracting reporting
				  entity is not a transporter.
(65)
				  "Wastewater treatment plant" has the same meaning as in section
				  3671 of Title 23 of the California
				  Code of Regulations. For the purposes of these regulations, it is a recycling
				  facility.
(66) "White and brown
				  goods" means discarded major appliances and small home appliances of any color,
				  including, but not limited to, washing machines, clothes dryers, water heaters,
				  stoves, refrigerators, microwaves, and toasters.