1997 Plannning, Zoning, and Development Laws
(Excerpts from California Public Resources Code Sections
40000 - 40201)
Article 1. Findings and Declarations
40000. The Legislature hereby finds and declares *** all of the following:
(a) In 1988, Californians disposed of over 38 million tons of solid waste, an amount which is expected to grow if existing solid waste policies are continued. This amounts to more than 1,500 pounds of waste per person living in the state, more than any other state in the country and over twice the per-capita rate of most other industrialized counties.
(b) Over 90 percent of California's solid waste currently is disposed of in landfills, some of which pose a threat to groundwater, air quality, and public health.
(c) While California will exhaust most of its remaining landfill space by the mid-1990's, there presently is no coherent state policy to ensure that the state's solid waste is managed in an effective and environmentally sound manner for the remainder of the 20th century and beyond.
(d) The amount of solid waste generated in the state coupled with diminishing landfill space and potential adverse environmental impacts from landfilling constitutes an urgent need for state and local agencies to enact and implement an aggressive new integrated waste management program.
(e) The reduction, recycling, or reuse of solid waste generated in the state will, in addition to preserving landfill capacity in California, serve to conserve water, energy, and other natural resources within this state, and to protect the state's environment.
(Added by Stats. 1996, Ch. 1038. Effective September 29, 1996.)
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)
40001. (a) The Legislature declares that the responsibility for solid waste management is a shared responsibility between the state and local governments. The state shall exercise its legal authority in a manner that ensures an effective and coordinated approach to the safe management of all solid waste generated within the state and shall oversee the design and implementation of local integrated waste management plans.
(b) The Legislature further declares that it is the policy of the state to assist local governments in minimizing duplication of effort, and in minimizing the costs incurred, in implementing this division through the development of regional cooperative efforts and other mechanisms which comply with this division.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1992, Ch. 1292.)
40002. As an essential part of the state's comprehensive program for solid waste management, and for the preservation of health and safety, and the well-being of the public, the Legislature declares that it is in the public interest for the state, as sovereign, to authorize and require local agencies, as subdivisions of the state, to make adequate provision for solid waste handling, both within their respective jurisdictions and in response to regional needs consistent with the policies, standards, and requirements of this division and all regulations adopted pursuant to this division. The provisions of this division which authorize and require local agencies to provide adequate solid waste handling and services, and the actions of local agencies taken pursuant thereto, are intended to implement this state policy.
(Added by Stats. 1989, Ch. 1095.)
40003. Nothing in this division abrogates, limits, or otherwise affects the duties of the Department of Conservation under the California Beverage Container Recycling and Litter Reduction Act, Division 12.1 (commencing with Section 14500).
(Added by Stats. 1989, Ch. 1095.)
Article 2. General Provisions
40050. This division shall be known and may be cited as the California Integrated Waste Management Act of 1989.
(Added by Stats. 1989, Ch. 1095.)
(See note following Government Code Section 66780.5.)
40051. In implementing this division, the board and local agencies shall do both of the following:
(a) Promote the following waste management practices in order of priority:
(1) Source reduction.
(2) Recycling and composting.
(3) Environmentally safe transformation and environmentally safe land disposal, at the discretion of the city or county.
(b) Maximize the use of all feasible source reduction, recycling, and composting options in order to reduce the amount of solid waste that must be disposed of by transformation and land disposal. For wastes that cannot feasibly be reduced at their source, recycled, or composted, the local agency may use environmentally safe transformation or environmentally safe land disposal, or both of those practices.
(Added by Stats. 1989, Ch. 1095.)
40052. The purpose of this division is to reduce, recycle, and reuse solid waste generated in the state to the maximum extent feasible in an efficient and cost-effective manner to conserve water, energy and other natural resources, to protect the environment, to improve regulation of existing solid waste landfills, to ensure that new solid waste landfills are environmentally sound, to improve permitting procedures for solid waste management facilities, and to specify the responsibilities of local governments to develop and implement integrated waste management programs.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990; Amended by Stats. 1992, Ch. 1292, Amended by Stats. 1993, Ch. 656. Effective October 1, 1993.)
40053. This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the power of a city, county, or district to impose and enforce reasonable land use conditions or restrictions on solid waste management facilities in order to prevent or mitigate potential nuisances, if the conditions or restrictions do not conflict with or impose lesser requirements than the policies, standards, and requirements of this division and all regulations adopted pursuant to this division.
(Added by Stats. 1989, Ch. 1095.)
40054. This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the power of the Attorney General, on the request of the board, the state water board, a regional water board, or upon his or her own motion, to bring an action in the name of the people of the State of California to enjoin any health hazard, pollution, or nuisance.
(Added by Stats. 1989, Ch. 1095.)
40055. (a) This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the power of any state agency in the enforcement or administration of any provision of law which it is specifically authorized or required to enforce or administer, including, but not limited to, the exercise by the state water board or the regional water boards of any of their powers and duties pursuant to Division 7 (commencing with Section 13000) of the Water Code, the exercise by the Department of Toxic Substances Control of any of its powers and duties pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, and the exercise by the State Air Resources Board or any air pollution control district or air quality management district of any of its powers and duties pursuant to *** Division 26 (commencing with Section *** 39000) *** of the Health and Safety Code.
(b) The exercise of authority under this division, including, but not limited to, the adoption of regulations, plans, permits, or standards or the taking of any enforcement actions shall not duplicate or be in conflict with any determination relating to water quality control made by the state water board or regional water boards, including requirements in regulation adopted by or under the authority of the state water board.
(c) Any plans, permits, standards, or corrective action taken under this division shall *** be consistent with all applicable water quality control plans adopted pursuant to Section 13170, and Article 3 (commencing with Section 13240) of Chapter 4 of Division 7, of the Water Code and the state policies for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7 of the Water code existing at the time of the action or proposed action.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1993, Ch. 656. Effective October 1, 1993; Amended by Stats. 1996, Ch. 1041.)
40056. This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the right of any person to commence and maintain at any time any appropriate action for relief against a nuisance as defined in the Civil Code.
(Added by Stats. 1989, Ch. 1095.)
40057. Each county, city, district, or other local governmental agency which provides solid waste handling services shall provide for those services, including, but not limited to, source reduction, recycling, composting activities, and the collection, transfer, and disposal of solid waste within or without the territory subject to its solid waste handling jurisdiction.
(Added by Stats. 1989, Ch. 1095.)
40058. The solid waste handling services shall be provided for by one or any combination of the following:
(a) The furnishing of the services by the local agency itself.
(b) The furnishing of the services by another local agency.
(c) The furnishing of the services by a solid waste enterprise.
(Added by Stats. 1989, Ch. 1095.)
40059. (a) Notwithstanding any other provision of law, each county, city, district, or other local governmental agency may determine all of the following:
(1) Aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste handling services.
(2) Whether the services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety, and well-being so require, by partially exclusive or wholly exclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding. The authority to provide solid waste handling services may be granted under terms and conditions prescribed by the governing body of the local governmental agency by resolution or ordinance.
(b) Nothing in this division modifies or abrogates in any manner either of the following:
(1) Any franchise previously granted or extended by any county or other local governmental agency.
(2) Any contract, license, or any permit to collect solid waste previously granted or extended by a city, county, or city and county.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 1355. Effective September 25, 1990.)
40060. (a) Notwithstanding any other provision of law, a regional water board shall not issue a waste discharge permit for a new landfill, or a lateral expansion of an existing landfill, which is used for the disposal of nonhazardous solid waste if the land has been primarily used at any time for the mining or excavation of gravel or sand.
(b) A regional water board, in a public meeting, may grant a variance from subdivision (a) if the applicant demonstrates and the regional water quality control board determines that the discharges to a new facility or expansion of an existing facility during its operation and postclosure period will not pollute or threaten to pollute the waters of the state. In deciding whether to grant a variance, the regional water board shall consider, among other factors, site characteristics, including permeability and transmissivity of the underlying soils and depth to groundwater. For the purpose of this section, "groundwater" means the uppermost aquifer usable for beneficial purposes.
(c) Nothing in this section precludes any local jurisdiction from exercising any power which it has pursuant to any other provision of law.
(d) The following definitions govern the construction of this section:
(1) "Landfill used for the disposal of nonhazardous solid waste" means a disposal site regulated by a regional water board as a Class III landfill pursuant to Sections 2533 and 2541 of Title 23 of the California Code of Regulations.
(2) "Lateral expansion" means a new or expanded waste management unit which is not authorized on January 1, 1989, under existing waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code and an existing solid waste facility permit issued pursuant to this title. For purposes of subdivision (f), "lateral expansion" does not include a new or expanded waste management unit for which waste discharge requirements were issued by a regional water board before January 1, 1989, but were subject to review after that date pursuant to Section 13320 of the Water Code.
(e) The regional water board may hold a single hearing for purposes of granting a variance pursuant to subdivision (b) and establishing waste discharge requirements.
(f) Notwithstanding subdivision (b), a regional water board shall not grant a variance from subdivision (a) if the variance is for a new landfill, or a lateral expansion of an existing landfill, located within the boundaries of the Main San Gabriel Groundwater Basin. For purposes of this subdivision, the boundaries of the Main San Gabriel Groundwater Basin are the boundaries described in Exhibit A of the judgment in Upper San Gabriel Valley Municipal Water District v. City of Alhambra, et al., Case Number 924128 of the Superior Court for the County of Los Angeles.
(Added by Stats. 1990, Ch. 35. Effective March 30, 1990.)
40061. (a) Notwithstanding Section 40059, every local agency which does not directly charge residential households a fee for the collection, transportation, and disposal of solid waste and every local agency which directly charges residential customers a fee which represents less than 90 percent of the average cost of collecting, transporting, and disposing of residential solid waste shall, at least once every three months, arrange to inform all residential households of all of the following:
(1) The average monthly volume of solid waste produced by each residential household.
(2) The total estimated monthly cost to the local agency to collect, transport, and dispose of all solid waste produced by residential households.
(3) The average monthly cost to the local agency to collect, transport, and dispose of solid waste produced by each residential household.
(b) For purposes of this section, "residential household" means those single and multifamily residential units which are not charged a periodic fee for the collection, transportation, and disposal of solid waste or which are assessed a periodic fee which represents less than 90 percent of the local agency's total cost of providing these services.
(c) The notification provided under subdivision (a) may, not more than twice in any calendar year, be made by publication in a newspaper of general circulation in the county in which the local agency is located.
(d) Unless notification is made by publication, when possible, the notification provided under subdivision (a) shall be distributed by each local agency to residential households in a manner that results in no distribution costs to the local agency in excess of distribution costs otherwise incurred for other purposes.
(Added by Stats. 1990, Ch. 35. Effective March 30, 1990; Amended by Stats. 1991, Ch. 1085.)
40062. (a) Upon the request of any person furnishing any report, notice, application, plan, or other document required by this division, including any research or survey information requested by the board for the purpose of implementing its programs, *** neither the board nor an enforcement agency ***, in accordance with subdivisions (c) and (d), shall *** make available for inspection by the public*** any portion of the report, notice, application, plan, or other document *** that contains a trade secret, as defined in *** subdivision (d) of Section *** 3426.1 of the*** Civil Code, that has been identified pursuant to subdivision (b).
(b) Any person furnishing information, as described in subdivision (a), to the board or enforcement agency *** pursuant to this division shall, at the time of submission, identify all information which the person believes is a trade secret. Any information not identified by the person as a trade secret shall be made available to the public, unless exempted from disclosure by another provision of law.
(c) (1) With regard to information *** that has been identified as a trade secret pursuant to subdivision (b), the board, upon its own initiative, or upon receipt of a request for public information pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, shall determine whether any or all of the information has been properly identified as a trade secret. If the board determines that the information is not a trade secret, the board shall notify the person who furnished the information by certified mail.
(2) The person who furnished the information shall have 30 days *** from the date of receipt of the notice required by paragraph (1) to provide the board with a complete justification and statement of the grounds on which the trade secret privilege is claimed. The justification and statement shall be submitted to the board by certified mail.
(3) The board shall determine whether the information is protected as a trade secret within 15 days *** from the date of receipt of the justification and statement or, if no justification and statement is filed, within 45 days *** from the date of the notice required by paragraph (1). The board shall notify the person who furnished the information and any party who has requested the information pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code of that determination by certified mail. If the board has determined that the information is not protected as a trade secret, this final notice shall also specify a date, not soon than 15 days *** from the date of the date of mailing of the final notice, when the information shall be available, to the public.
(d) Except as provided in subdivision ©, the board or an enforcement agency*** may release information submitted and designated as a trade secret only to the following public agencies under the following conditions:
(1) To other *** public agencies in connection with *** the responsibilities of the board or an enforcement agency under this division or for use in making reports.
(2) To the state or any state agency in judicial review for enforcement proceedings involving the person furnishing the information.
(e) For the purpose of implementing this section, the disclosure of information shall be consistent with Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code.
Added by Stats. 1989, Ch. 1095; Amended and renumbered by Stats. 1992, Ch. 301; Amended by Stats. 1996, Ch. 1041.)
40063. At the request of a county with a population of less than 250,000, the board and the state water board may meet with the county to prioritize, through development and joint adoption of a five-year plan, state environmental concerns with regard to solid waste management in relation to the fiscal and staffing restraints on the county.
(Added by Stats. 1996, Ch. 1038. Effective September 29, 1996.)
Chapter 2. Definitions
40100. (Repealed by Stats. 1990, Ch. 586. Effective September 5, 1990.)
40105. "Authorized recycling agent" means a person that a local governing body or private commercial entity authorizes or contracts with to collect its recyclable waste material. An authorizes recycling agency may be a municipal collection service, private refuse hauler, private recycling enterprise, or private nonprofit corporation or association.
(Added by Stats. 1989, Ch. 1095.)
40106. (a) "Biomass conversion" means the controlled combustion, when separated from other solid waste and used for producing electricity or heat, of the following materials:
(1) Agricultural crop residues.
(2) Bark, lawn, yard, and garden clippings.
(3) Leaves, silvicultural residue, and tree and brush pruning.
(4) Wood, wood chips, and wood waste.
(b) "Biomass conversion" does not include the controlled combustion of pulp or paper materials, or materials which contain sewage sludge, industrial sludge, medical waste, hazardous waste, or either high-level or low-level radioactive waste.
(Added by Stats. 1994, Ch.1227.)
40110. "Board" means the California Integrated Waste Management Board.
(Added by Stats. 1989, Ch. 1095, and Ch. 1096; Repealed and added by Stats. 1990, Ch. 586. Effective September 5, 1990.)
40115. (Repealed by Stats. 1990, Ch. 586. Effective September 5, 1990.)
40116. "Compost" means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. "Compost" includes vegetable, yard, and wood wastes which are not hazardous waste.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)
40120. "Designated recycling collection location" means the place where an authorized recycling agent has contracted with either the local governing body or a private entity to pick up recyclable material segregated from other waste material. "Designated recycling collection location" includes, but is not limited to, the curbside of a residential neighborhood or the service alley of a commercial enterprise.
(Added by Stats. 1989, Ch. 1095.)
40120.1. "Disposal" has the same meaning as "solid waste disposal" as defined in Section 40192.
(Added by Stats. 1993, Ch. 1169. Effective October 11, 1993; Repealed and added by Stats. 1996, Ch. 1041.)
40122. "Disposal site" or "site" includes the place, location, tract of land, area, or premises in use, intended to be used, or which has been used for the landfill disposal of solid wastes. "Disposal site" includes solid waste landfill, as defined in Section *** 40195.1.
(Added by Stats. 1989, Ch. 1095, and Ch. 1096; Repealed and added by Stats. 1990, Ch. 586. Effective September 5, 1990; Amended by Stats. 1996, Ch. 1041.)
40123. "Disposal site owner" means the person who holds title to the property used as a disposal site after January 1, 1977.
(Added by Stats. 1989, Ch. 1095.)
40124. "Diversion" means activities which reduce or eliminate the amount of solid waste from solid waste disposal for purposes of this division, including Article 1 (commencing with Section 41780) of Chapter 6.
(Added by Stats. 1996, Ch. 978.)
40130. "Enforcement agency" means the local agency designated pursuant to Article 1 (commencing with Section 43200) of Chapter 2 of Part 4 for the purpose of carrying out this division, or the board if no designation of a local agency has been approved by the board.
(Added by Stats. 1989, Ch. 1095.)
40131. "Enforcement program" means the regulations and procedures adopted by the board pursuant to Chapter 2 (commencing with Section 43200) of Part 4.
(Added by Stats. 1989, Ch. 1095.)
40131.5. "Federal act" means the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.).
(Added by Stats. 1993, Ch. 922.)
40135. "Fund" means the Integrated Waste Management Fund, which is hereby created in the State Treasury. Any reference in this division or any other provision of law to the Solid Waste Management Fund shall mean the Integrated Waste Management Fund.
(Added by Stats. 1990, Ch. 35. Effective March 30, 1990; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)
40135.1. "Account" means the Integrated Waste Management Account created in the fund pursuant to Section 48001.
(Added by Stats. 1993, Ch. 656. Effective October 1, 1993.)
40140. "Hazard" includes any condition, practice, or procedure which is or may be dangerous, harmful, or perilous to employees, property, neighbors, or the general public.
(Added by Stats. 1989, Ch. 1095.)
40141. (a) "Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may do either of the following:
(1) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.
(2) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
(b) Unless expressly provided otherwise, "hazardous waste" includes extremely hazardous waste and acutely hazardous waste.
(Added by Stats. 1989, Ch. 1095.)
40150. "Local governing body" means the legislative body of the city, county, or special district which has authority to provide solid waste handling services.
(Added by Stats. 1989, Ch. 1095.)
40151. "Nondisposal facility" means any solid waste facility required to obtain a permit pursuant to Article 1 (commencing with Section 44001) of Chapter 3 of Part 4, except a disposal facility or a transformation facility.
(Added by Stats. 1992, Ch. 1291.)
40160. "Operator" means the person to whom the approval to operate a disposal site, transfer or processing station, or collection system is granted.
(Added by Stats. 1989, Ch. 1095 and Ch. 1096; Repealed and added by Stats. 1990, Ch. 586. Effective September 5, 1990; Amended by Stats. 1990, Ch. 1355. Effective September 25, 1990.)
40170. "Person" includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
(Repealed by Stats. 1990, Ch. 586; Amended by Stats. 1994, Ch. 1200. Effective September 30, 1994.)
40171. "Pollution" means the condition caused by the presence in or on a body of water, soil, or air of any solid waste or substance derived therefrom in such quantity, of such nature and duration, or under such condition that the quality, appearance, or usefulness of the water, soil, land, or air is significantly degraded or adversely altered.
(Added by Stats. 1989, Ch. 1095.)
40172. (Repealed by Stats. 1990, Ch. 586.)
40180. "Recycle" or "recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. "Recycling" does not include transformation, as defined in Section 40201.
(Added by Stats. 1989, Ch. 1095; Repealed and Added by Stats. 1990, Ch. 586. Effective September 5, 1990.)
40181. "Regional agency" means an agency formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code and Article 3 (commencing with Section 40970) of Chapter 1 of Part 2.
(Added by Stats. 1989, Ch. 1095, Amended by Stats. 1992, Ch. 1292.)
40182. "Regional water board" means a California regional water quality control board.
(Added by Stats. 1989, Ch. 1095.)
40183. "Rural city" means either of the following:
(a) An incorporated city which has a geographic area of less than three square miles, has a waste generation rate of less than 100 cubic yards per day, or 60 tons per day, and which is located in a rural area.
(b) An incorporated city which has a population density of less than 1,500 people per square mile, has a waste generation rate of less than 100 cubic yards per day, or 60 tons per day, which is located in a rural area.
(c) Nothing in this section shall affect any reduction granted to a rural
city or rural county by the board pursuant to Section 41787 prior to September 1, 1994.
(Added by Stats. 1994, Ch. 1227.)
40184. (a) "Rural county" means any county which has a population of 200,000 or less and which is located in a rural area.
(b) For the purposes of this section and Section 40183, the board shall adopt regulations that define "rural area" in a manner that establishes criteria and conditions applicable only to cities and counties located in those areas of the state that are rural in character. Those criteria shall include, but are not limited to, the requirement that those cities and counties are located in agricultural or mountainous area of the state and are geographically distant from markets for recyclable materials.
(c) Nothing in this section shall affect any reduction granted to a rural city or rural county by the board pursuant to Section 41787 prior to September 1, 1994.
(Added by Stats. 1994, Ch. 1227.)
40190. (Repealed by Stats. 1990, Ch. 586. Effective September 5, 1990.)
40191. (a) Except as provided in subdivision (b), "solid waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.
(b) "Solid waste" does not include any of the following wastes:
(1) Hazardous waste *** as defined in Section 40141.
(2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of part 9 of Division 104 of the Health and Safety Code).
(3) *** Medical waste *** regulated pursuant to the Medical Waste Management Act *** (Part 14 (commencing with Section *** 117600) of Division *** 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Section *** 40195.1. Medical waste *** that has been treated and *** deemed to be solid waste shall be regulated pursuant to this division.
(Added by Stats. 1989, Ch. 1095 and 1096; Ch. 1096 repealed by Stats. 1990, Ch. 586. Effective September 5, 1990; Ch. 1095 Amended by Stats. 1990, Ch. 1355. Effective September 25, 1990; Amended by Stats. 1990, Ch. 1614; Amended by Stats. 1992, Ch. 54. Effective May 14, 1992; Amended by Stats. 1996, Ch. 1041.)
40192. (a) Except as provided in subdivisions (b) and ©, "solid waste disposal" or "disposal" means the final deposition of solid wastes onto land, into the atmosphere, or into the waters of the state.
(b) Except as provided in part 2 (commencing with Section 40900), for purposes of Part 2 (commencing with Section 40900), "disposal" means the management of solid waste through landfill disposal or transformation at a permitted solid waste facility.
(c) For purposes of Chapters 16 (commencing with Section 42800) and 19 (commencing with Section 42950) of Part 3, Part 4 (commencing with Section 43000), Part 5 (co0mmencing with Section 45000), Part 6 (commencing with Section 45030), and Chapter 2 (commencing with Section 47900) of Part 7, "solid waste disposal" or "disposal" means the final deposition of solid wastes onto land.
(Repealed by Stats. 1990, Ch. 586. Effective September 5, 1990; Added by Stats. 1996, Ch. 1041.)
40193. "Solid waste enterprise" means any individual, partnership, joint venture, unincorporated private organization, or private corporation, which is regularly engaged in the business of providing solid waste handling services.
(Added by Stats. 1989, Ch. 1095.)
40194. "Solid waste facility" includes a solid waste transfer or processing station, a composting facility, a transformation facility, and a disposal facility.
(Added by Stats. 1989, Ch. 1095 and 1096; Ch. 1096 repealed by Stats. 1990, Ch. 1355. Effective September 25, 1990; Ch. 1095 amended by Stats. 1990, Ch. 1355. Effective September 25, 1990.)
40195. "Solid waste handling" or "handling" means the collection, transportation, storage, transfer, or processing of solid wastes.
(Added by Stats. 1989, Ch. 1095.)
40195.1. (a) "Solid waste landfill" means a disposal facility that accepts solid waste for land disposal, but does not include a facility which receives only wastes generated by the facility owner or operator in the extraction, beneficiation, or processing of ores and minerals, or a cemetery which disposes onsite only the grass clippings, floral wastes, or soil resulting from activities on the grounds of that cemetery.
(b) For the purposes of Article 3 (commencing with Section 43500) and Article 4 (commencing with Section 43600) of Chapter 2 of Part 4, "solid waste landfill" does not include a facility which receives only nonhazardous wood waste derived from timber production or wood product manufacturing. For the purposes of the fee imposed by Section 48000, facilities which receive only nonhazardous wood waste derived from timber production or wood product manufacturing shall, notwithstanding Section 48000, pay a quarterly fee to the state board on all solid waste disposed at each disposal site, which does not exceed the amount of the fee due and payable to the state board by those facilities during the 1992 calendar year.
(Added by Stats. 1993, Ch. 656. Effective October 1, 1993.)
40196. "Source reduction" means any action which causes a net reduction in the generation of solid waste. "Source reduction" includes, but is not limited to, reducing the use of nonrecyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing garbage rate structures with incentives to reduce the amount of wastes that generators produce, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials. "Source reduction" does not include steps taken after the material becomes solid waste or actions which would impact air or water resources in lieu of land, including, but not limited to, transformation.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)
40196.5. "State Board" means the State Board of Equalization.
(Added by Stats. 1990, Ch. 145.)
40197. "State water board" means the State Water Resources Control Board.
(Added by Stats. 1989, Ch. 1095.)
40200. (a) "Transfer or processing station" or "station" includes those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport, and those facilities utilized for transformation.
(b) "Transfer or processing station" or "station" does not include any of the following:
(1) A facility, whose principal function is to receive, store, separate, convert, or otherwise process in accordance with state minimum standards, manure.
(2) A facility, whose principal function is to receive, store, convert, or otherwise process wastes which have already been separated for reuse and are not intended for disposal.
(3) The operations premises of a duly licensed solid waste handling operator who receives, stores, transfers, or otherwise processes wastes as an activity incidental to the conduct of a refuse collection and disposal business in accordance with regulations adopted pursuant to Section 43309.
(Added by Stats. 1989, Ch. 1095; Repealed and Added by Stats. 1990, Ch. 586. Effective September 5, 1990.)
40201. "Transformation" means incineration, pyrolysis, distillation, gasification, or biological conversion other than composting. "Transformation" does not include composting or biomass conversion.
(Repealed by Stats. 1990, Ch. 145. Effective June 19, 1990; Added by Stats. 1994, Ch. 1227.)