California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 1 - Definitions and General Provisions › Section 18011 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless the
				  context otherwise requires, the following definitions shall govern construction
				  of this Chapter:
(1) "Abandoned site" means a
				  site where there is no responsible party as determined by the local enforcement
				  agency and the board.
(2) "Act"
				  means the California Integrated Solid Waste Management Act of 1989.
(3) "Applicant" means the proposed operator
				  of a facility.
(4) "Certified"
				  means submitted and stated under oath, affirmation, or penalty of
				  perjury.
(5) "Certification" means
				  certification by the Board of an enforcement agency pursuant to Section
				  43200
				  of the Public Resources Code and Articles 2.1, and 2.2 of this
				  Chapter.
(6) "Closed site" means a
				  solid waste disposal site that has ceased accepting waste and has documentation
				  that closure was conducted in accordance with applicable statutes, regulations,
				  and local ordinances in effect at the time.
(7) "Decertification" means an action by the
				  California Integrated Waste Management Board which withdraws, partially or
				  fully, prior certification(s) issued to the enforcement agency. This action
				  modifies the enforcement agency's authority within its jurisdiction.
(8) "Enactment" means a federal, state,
				  regional, or local statute, ordinance, regulation, permit, or similar provision
				  having the force of law.
(9) "
				  Enforcement action" means an action of the enforcement agency or the board,
				  taken pursuant to the act or this chapter, including, but not limited to
				  issuing a notice and order, a cease and desist order, cleanup or abatement
				  order, or a corrective action order; to institute a proceeding to modify,
				  suspend, or revoke a permit; to institute a judicial proceeding to obtain an
				  injunction; or to institute a judicial action to obtain civil
				  penalties.
(10) "Evaluation
				  workplan" means a type of corrective action specified by the Board. The action
				  requires the LEA to develop a schedule to address jurisdictional compliance
				  issues identified during the LEA evaluation process. The evaluation workplan is
				  subject to Board approval.
(11)
				  "Facility" means a solid waste facility as defined in Public Resources Code
				  Section
				  40194
				  or disposal site as defined in Public Resources Code Section
				  40122.
(12) "Facility operator" means the operating
				  unit, and other person(s) who through a lease, franchise agreement or other
				  arrangement with the owner of the property is granted the approval to operate a
				  solid waste facility, disposal site, transfer or processing station, composting
				  station, or solid waste handling system, or the owner of the
				  property.
(13) "Illegal site" means
				  a solid waste disposal site that is not permitted and not exempt from obtaining
				  a permit and is not a closed site.
(14) "Inactive site" means a site that is
				  temporarily idle, for a specific period due to known circumstance and not part
				  of the normal operation pattern contained in the solid waste facilities
				  permit.
(15) "Local Agency" means a
				  local public agency or department of a county or a city, a joint powers
				  jurisdiction, or a special district.
(16) "Local Enforcement Agency" (LEA) means
				  an enforcement agency with board certification(s) totally separate from the
				  operating unit(s) of the local governing body. An LEA is a comprehensive solid
				  waste enforcement agency which performs permitting, inspection, and enforcement
				  duties for solid waste handling, and permitted, closed, abandoned, exempt,
				  illegal, and inactive facilities. An LEA is solely responsible for carrying out
				  solid waste enforcement in its jurisdiction as defined in 14 CCR Division 7, 27
				  CCR Division 2, Subdivision
				  1 (§
											20005 et seq.) and Division 30 of
				  the Public Resources Code. Upon certification(s) the LEA shall have full power
				  to execute the Act and the regulations adopted hereto.
(17) "Operating unit" means a local agency
				  within the jurisdiction of the designating local governing body that operates,
				  causes to operate, or administers contracts or agreements for any portion of a
				  facility or solid waste handling and disposal system.
(18) "Operation" means those activities
				  governed by the EA notification tier requirements set forth in sections
				  18103-18103.3.
(19) "Owner of the property" means the person
				  or persons owning the fee interest in the property and the person or persons
				  owning any leasehold interest in the property.
(20) "Permit" means a solid waste facilities
				  permit.
(21) "Property" means the
				  real property on which a facility or disposal site, any part thereof, or any
				  support structure exists or is proposed to exist, including any portion of such
				  real property that is not occupied by the facility or any support structure but
				  that is contained within the legal description of the land on which the
				  facility is located as that description is set forth in the most recently
				  recorded deed.
(22) "Regional LEA"
				  means an enforcement agency certified by the Board pursuant to Article 2.1 of
				  this Chapter, with permitting, inspection and enforcement duties within
				  multiple counties.
(23) "Violation"
				  means a lack of compliance with a particular standard, permit term or
				  condition, or other applicable solid waste law or regulation. A violation may
				  be indicated by the checking of a box in the violation column of an inspection
				  report or by other written documentation. The documentation shall indicate the
				  specific standard, permit term or condition, or other solid waste law or
				  regulation not in compliance.