California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 3 - Minimum Standards for Solid Waste Handling and Disposal › Article 6.0 - Transfer/Processing Operations and Facilities Regulatory Requirements › Section 17402 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				  purposes of these articles:
(0.5)
				  "Consolidation Sites" means facilities or operations that receive solid waste
				  for the purpose of storing the waste prior to transfer directly from one
				  container to another or from one vehicle to another for transport and which do
				  not conduct processing activities. Consolidation activities include, but are
				  not limited to, limited volume transfer operations, sealed container transfer
				  operations, and direct transfer facilities.
(1) "Contact Water" means water that has come
				  in contact with waste and may include leachate.
(1.5) "Contamination" or "Contaminants" has
				  the same meaning as "prohibited container contaminants" as defined in Section
				  18982(a)(55).
(2) "Covered Container" means a container
				  that is covered to prevent the migration of litter from the container,
				  excessive infiltration of precipitation, odor and leachate production, and to
				  prevent access by animals and people; thereby controlling litter, scavenging,
				  and illegal dumping of prohibited wastes. Covers may include, but are not
				  limited to, tarpaulins or similar materials.
(3) "Direct Transfer Facility" means a
				  transfer facility that receives equal to or more than 60 cubic yards or 15 tons
				  (whichever is greater) of solid waste per operating day but less than 150 tons
				  of solid waste and meets all of the following requirements:
(A) is located on the premises of a duly
				  licensed solid waste hauling operator;
(B) only handles solid waste that has been
				  placed within covered containers or vehicles prior to entering the facility and
				  that is transported in vehicles owned or leased by that same
				  operator;
(C) the facility does not
				  handle, separate, or otherwise process the solid waste;
(D) no waste is stored at the facility for
				  more than any 8-hour period;
(E)
				  solid waste is transferred only once and directly from one covered container or
				  vehicle to another covered container or vehicle so that the waste is never put
				  on the ground or outside the confines of a container or vehicle, before,
				  during, or after transfer. Direct transfer would not include top loading
				  trailers where the solid waste actually leaves the confines of the collection
				  vehicle and is suspended in air before falling into a transfer
				  vehicle;
(F) all of the contents of
				  the original transferring container or vehicle must be emptied during a single
				  transfer; and
(G) any waste that
				  may unintentionally fall outside of the containers or vehicles, is promptly
				  cleaned up and replaced within the container or vehicle to which it was being
				  transferred.
(4) "DTSC"
				  means Department of Toxic Substances Control.
(5) "EA" means enforcement agency as defined
				  in PRC section
				  40130.
(6) "Emergency Transfer/Processing Operation"
				  means an operation that is established because there has been a proclamation of
				  a state of emergency or local emergency, as provided in Title 14, Division 7,
				  Chapter 3, Article 3, sections
				  17210.1 (j) and
				  (k) and which meets all of the following
				  requirements:
(A) the operation handles only
				  disaster debris and other wastes, in accordance with section
				  17210.1(d),
				  during the disaster debris recovery phase; and
(B) the location does not currently have a
				  solid waste facility permit;
(C) if
				  the operation accepts, processes, or stores hazardous or household hazardous
				  waste, then these activities must be in compliance with DTSC standards or
				  standards of other appropriate authorities or agencies.
(6.5) "Gray Container Waste" or "Gray
				  Container Collection Stream" means solid waste that is collected in a gray
				  container that is part of a three-container organic waste collection service
				  that prohibits the placement of organic waste in the gray container as
				  specified in Section
				  18984.1(a) and
				  (b).
(7) "Hazardous Wastes" means any waste which
				  meets the definitions set forth in Title 22, Section
				  66261.3, et seq. and is required
				  to be managed.
(7.5) "Incompatible
				  Material" or "Incompatibles," means human-made inert material, including, but
				  not limited to, glass, metal, plastic, and also includes organic waste for
				  which the receiving end-user, facility, operation, property, or activity is not
				  designed, permitted, or authorized to perform organic waste recovery activities
				  as defined in Section
				  18983.1(b) of
				  Article 2, Chapter 12.
(8) "Large
				  Volume Transfer/Processing Facility" means a facility that receives 100 tons or
				  more of solid waste per operating day for the purpose of storing, handling or
				  processing the waste prior to transferring the waste to another solid waste
				  operation or facility.
(A) In determining the
				  tonnage of solid waste received by the facility, the following materials shall
				  not be included: materials received by a recycling center located within the
				  facility, and by beverage container recycling programs in accordance with
				  Public Resources Code sections
				  14511.7,
				  14518,
				  or
				  14520,
				  if the recycling activities are separated from the solid waste handling
				  activities by a defined physical barrier or where the activities are otherwise
				  separated in a manner approved by the EA.
(B) If the facility does not weigh the solid
				  waste received, then the tonnage shall be determined by using a volumetric
				  conversion factor where one cubic yard is equal to 500 pounds. The EA shall
				  approve an alternate conversion factor if the operator demonstrates that it is
				  more accurate than the required conversion factor.
(9) "Limited Volume Transfer Operation" means
				  an operation that receives less than 60 cubic yards, or 15 tons of solid waste
				  per operating day for the purpose of storing the waste prior to transferring
				  the waste to another solid waste operation or facility and which does not
				  conduct processing activities, but may conduct limited salvaging activities and
				  volume reduction by the operator.
(A) In
				  determining the tonnage of solid waste received by the operation, the following
				  materials shall not be included: materials received by a recycling center
				  located within the operation, and by beverage container recycling programs in
				  accordance with Public Resources Code sections
				  14511.7,
				  14518,
				  or
				  14520,
				  if the recycling activities are separated from the solid waste handling
				  activities by a defined physical barrier or where the activities are otherwise
				  separated in a manner approved by the EA.
(B) If the operation does not weigh the solid
				  waste received, then the tonnage shall be determined by using a volumetric
				  conversion factor where one cubic yard is equal to 500 pounds. The EA shall
				  approve an alternate conversion factor if the operator demonstrates that it is
				  more accurate than the required conversion factor.
(10) "Litter" means all solid waste which has
				  been improperly discarded or which has migrated by wind or equipment away from
				  the operations area. Litter includes, but is not limited to, convenience food,
				  beverage, and other product packages or containers constructed of steel,
				  aluminum, glass, paper, plastic, and other natural and synthetic materials,
				  thrown or deposited on the lands and waters of the state.
(11) "Medium Volume Transfer/Processing
				  Facility" means a facility that receives equal to or more than 60 cubic yards
				  or 15 tons (whichever is greater) of solid waste per operating day but less
				  than 100 tons of solid waste, for the purpose of storing or handling the waste
				  prior to transferring the waste to another solid waste operation or facility;
				  or a facility that receives any amount of solid waste, up to 100 tons per
				  operating day, for the purpose of processing solid waste prior to transferring
				  the waste to another solid waste operation or facility.
(A) In determining the tonnage of solid waste
				  received by the facility, the following materials shall not be included:
				  materials received by a recycling center located within the facility, and by
				  beverage container recycling programs in accordance with Public Resources Code
				  sections
				  14511.7,
				  14518,
				  or
				  14520,
				  if the recycling activities are separated from the solid waste handling
				  activities by a defined physical barrier or where the activities are otherwise
				  separated in a manner approved by the EA.
(B) If the facility does not weigh the solid
				  waste received, then the tonnage shall be determined by using a volumetric
				  conversion factor where one cubic yard is equal to 500 pounds. The EA shall
				  approve an alternate conversion factor if the operator demonstrates that it is
				  more accurate than the required conversion factor.
(11.5) "Mixed Waste Organic Collection
				  Stream" means organic waste collected in a container that is required by
				  Section 18984.1,
				  18984.2, or
				  18984.3 to be transported to a
				  high diversion organic waste processing facility.
(12) "Nuisance" includes anything which:
(A) is injurious to human health or is
				  indecent or offensive to the senses and interferes with the comfortable
				  enjoyment of life or property, and
(B) affects at the same time an entire
				  community, neighborhood or any considerable number of persons. The extent of
				  annoyance or damage inflicted upon an individual may be
				  unequal.
(13) "On-site"
				  means located within the boundary of the operation or facility.
(14) "Open burning" means the combustion of
				  solid waste without:
(A) control of combustion
				  air to maintain adequate temperature for efficient combustion,
(B) containment of the combustion reaction in
				  an enclosed device to provide sufficient residence time and mixing for complete
				  combustion, and
(C) control of the
				  emission of the combustion products.
(15) "Operating day" means the hours of
				  operation as set forth in the application, Enforcement Agency Notification
				  and/or permit not exceeding 24 hours.
(16) "Operating Record" means an easily
				  accessible collection of records of an operation's or facility's activities and
				  compliance with required state minimum standards under Title 14. The Record may
				  include the Facility Plan or Transfer/Processing Report for facilities, and
				  shall contain but is not limited to containing: agency approvals, tonnage and
				  loadchecking records, facility contacts and training history. The record may be
				  reviewed by state and local authorities and shall be available during normal
				  business hours. If records are too voluminous to place in the main operating
				  record or if the integrity of the records could be compromised by on-site
				  storage, such as exposure to weather, they may be maintained at an alternative
				  site, as long as that site is easily accessible to the EA.
(17) "Operations Area" means:
(A) the following areas within the boundary
				  of an operation or facility as described in the permit application or
				  Enforcement Agency Notification:
(i) equipment
				  management area, including cleaning, maintenance, and storage areas;
				  and
(ii) material and/or solid
				  waste management area, including unloading, handling, transfer, processing, and
				  storage areas.
(B) the
				  boundary of the operations area is the same as the permitted boundary but may
				  or may not be the same as the property boundary.
(18) "Operator" means the owner, or other
				  person who through a lease, franchise agreement or other arrangement with the
				  owner, that is listed in the permit application or Enforcement Agency
				  Notification, is legally responsible for all of the following:
(A) complying with regulatory requirements
				  set forth in these Articles;
(B)
				  complying with all applicable federal, state and local requirements;
(C) the design, construction, and physical
				  operation of the operations area;
(D) controlling the activities at an
				  operation or facility as listed on the permit application or Enforcement Agency
				  Notification.
(18.4)
				  "Organic Waste Recovery Activities," or "Recovery" has the same meaning as
				  defined in Section
				  18982(a)(49).
(18.5) "Organic Waste" has the same meaning
				  as in Section
				  18982(a)(46).
(19) "Owner" means the person or persons who
				  own, in whole or in part, an operation or facility, and/or the land on which it
				  is located.
(20) "Processing" means
				  the controlled separation, recovery, volume reduction, conversion, or recycling
				  of solid waste including, but not limited to, organized, manual, automated, or
				  mechanical sorting, the use of vehicles for spreading of waste for the purpose
				  of recovery, and/or includes the use of conveyor belts, sorting lines or volume
				  reduction equipment. Recycling Center is more specifically defined in section
				  17402.5(d) of
				  this Article.
(21) "Putrescible
				  Wastes" include wastes that are capable of being decomposed by micro-organisms
				  with sufficient rapidity as to cause nuisances because of odors, vectors, gases
				  or other offensive conditions, and include materials such as, but not limited
				  to food wastes, offal and dead animals. The EA shall determine on a
				  case-by-case basis whether or not a site is handling putrescible
				  wastes.
(22) "Regulated Hazardous
				  Waste" means a hazardous waste, as defined in section
				  66260.10 of Division 4.5 of Title
				  22.
(23) "RWQCB" means the Regional
				  Water Quality Control Board.
(23.5)
				  "Remnant Organic Material" means the organic waste that is collected in a gray
				  container that is part of the gray container collection stream.
(23.6) "Reporting Period" has the same
				  meaning as defined in Section
				  18815.2
				  (a)(49).
(24) "Salvaging" means the controlled
				  separation of solid waste material which do not require further processing, for
				  reuse or recycling prior to transfer activities.
(25) "Scavenging" means the uncontrolled
				  and/or unauthorized removal of solid waste materials.
(26) "Sealed Container Transfer Operation"
				  means a transfer operation that meets the following requirements:
(A) handles only solid waste that has
				  previously been placed within containers that have either a latched, hard top
				  or other impermeable cover which is closed tightly enough to:
(1) prevent liquid from infiltrating into or
				  leaking out of the container; and
(2) prevent the propagation and migration of
				  vectors; and,
(i) the solid waste remains
				  within the unopened containers at all times while on-site; and,
(ii) the containers are not stored on-site
				  for more than 96 hours. Sealed container transfer operations do not include
				  operations excluded by Public Resources Code section
				  40200(b)(3).
(26.5) "Secondary Material Processing
				  Facility" or "Operation" means an activity whose primary purpose is to receive
				  and process source separated, or separated for reuse, materials from a
				  permitted transfer/processing facility or a transfer/processing operation
				  governed by an enforcement agency notification, and that does not meet the
				  residual percentage or putrescible waste percentage as set forth in section
				  17402.5(d).
				  Materials include, but are not limited to, glass, plastics, paper, and
				  cardboard.
(A) Secondary Material Processing
				  Operations are those activities that:
1. Are
				  governed by the Enforcement Agency Notification tier requirements as specified
				  in section
				  17403.3.2; and,
2. Receive an amount of residual material
				  that is less than 40% by weight as calculated on a monthly basis. Operations
				  that do not meet this residual requirement shall comply with the Registration
				  Permit tier requirements specified in 17403.3.3.
(B) Secondary Material Processing Facilities
				  are those activities that:
1. Are governed by
				  the Registration Permit tier requirements as specified in section
				  17403.3.3; and,
2. Do not meet the 40% residual material
				  requirement as specified in subdivision (A).
(26.6) "Source Separated Organic Waste" or
				  "Source Separated Organic Waste Collection Stream" means organic waste that is
				  collected in a green container as specified in Sections
				  18984.1(a)(1) and
				  18984.2(a)(1),
				  "source separated blue container organic waste," as defined in this Subsection
				  (a)(26.7), organic waste collected in an additional container as specified in
				  Section 18984.1(a)(6),
				  and organic waste collected in an "uncontainerized green waste and yard waste
				  collection service," as defined in Section
				  18982.
(26.7) "Source Separated Blue Container
				  Organic Waste" means the organic wastes collected in a blue container that is
				  limited to the collection of those organic wastes and non-organic recyclables
				  as defined in Section
				  18982(a)(43).
(27) "Special Waste" includes but is not
				  limited to:
(A) waste requiring special
				  collection, treatment, handling, storage, or transfer techniques as defined in
				  Title 22, section
				  66260.10.
(B) waste tires and appliances requiring CFC
				  removal.
(28) "Spotter"
				  means an employee who conducts activities that include, but are not limited to,
				  traffic control, hazardous waste recognition and removal for proper handling,
				  storage and transport or disposal, and protection of the public from health
				  and/or safety hazards.
(29) "Store"
				  means to stockpile or accumulate for later use.
(30) "Transfer/Processing Facility" or
				  "Facility" includes:
(A) those activities
				  governed by the Registration Permit tier or Full Solid Waste Facility Permit
				  requirements (as specified in sections
				  17403.6 and
				  17403.7); and,
(B) which:
1. receive, handle, separate, convert or
				  otherwise process materials in solid waste; and/or
2. transfer solid waste directly from one
				  container to another or from one vehicle to another for transport;
				  and/or
3. store solid
				  waste;
(C) The receipt of
				  separated for reuse material pursuant to Public Resources Code, Division 12.1,
				  Chapter 2, sections
				  14511.7,
				  14518, or
				  14520, located within a solid
				  waste facility does not constitute solid waste handling, or processing, if
				  there is a defined physical barrier to separate recycling activities defined in
				  Public Resources Code, Division 12.1, Chapter 2, sections
				  14511.7,
				  14518, or
				  14520, from the solid waste
				  activities, or where the recycling and solid waste activities are considered by
				  the EA as separate operations.
(D)
				  "Transfer/Processing Facilities" do not include activities specifically defined
				  in section
				  17402.5(c) of
				  this Article, and operations and facilities that are subject to regulations in
				  Chapter 3.1 (commencing with section
				  17850).
(31) "Transfer/Processing Operation" or
				  "Operation" includes:
(A) those activities
				  governed by the EA Notification tier requirements; and,
(B) which:
1. receive, handle, separate, convert or
				  otherwise process materials in solid waste; and/or
2. transfer solid waste directly from one
				  container to another or from one vehicle to another for transport;
				  and/or
3. store solid
				  waste;
(C) The receipt of
				  separated for reuse material pursuant to Public Resources Code, Division 12.1,
				  Chapter 2, sections
				  14511.7,
				  14518, or
				  14520, located within a solid
				  waste operation does not constitute solid waste handling, or processing, if
				  there is a defined physical barrier to separate recycling activities defined in
				  Public Resources Code, Division 12.1, Chapter 2, sections
				  14511.7,
				  14518, or
				  14520, from the solid waste
				  activities, or where the recycling and solid waste activities are considered by
				  the EA as separate operations.
(D)
				  "Transfer/Processing Operations" do not include activities specifically defined
				  in section
				  17402.5(c) of
				  this Article, and operations and facilities that are subject to regulations in
				  Chapter 3.1 (commencing with section
				  17850).
(32) "Volume Reduction" means techniques such
				  as: compaction, shredding, and baling.
(33) "Waste Hauling Yard Operation" is an
				  operation that meets the following requirements:
(A) is located on the premises of a duly
				  licensed solid waste hauling operator, who receives, stores, or transfers waste
				  as an activity incidental to the conduct of a refuse collection and disposal
				  business, and;
(B) handles only
				  solid waste that has been placed within a covered container before the
				  container arrives at the waste hauling yard, and;
(C) no more than 90 cubic yards of waste is
				  stored on-site in covered containers at any time, and;
(D) the solid waste remains within the
				  original covered containers while on-site at any times, and;
(E) the covered containers are not stored
				  on-site for more than any 72 hour period;
(F) if the EA has information that the
				  operation does not meet these requirements, the burden of proof shall be on the
				  owner or operator to demonstrate that the requirements are being
				  met.