California Public Resources Code CHAPTER 2 - Definitions

• Section 40100.
  Unless the context otherwise requires, the definitions in this article govern the construction of this division.(Added by Stats. 1989, Ch. 1095, Sec. 22.)
• Section 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....
• Section 40106.
  (a) “Biomass conversion” means the production of heat, fuels, or electricity by the controlled combustion of, or the use of other noncombustion thermal conversion technologies on,...
• Section 40110.
  “Board” means the Department of Resources Recycling and Recovery, or the Director of Resources Recycling and Recovery, as appropriate.(Amended by Stats. 2009, Ch. 21, Sec....
• Section 40115.
  “City” or “county” includes city and county.(Added by Stats. 1989, Ch. 1096, Sec. 2.)
• Section 40115.5.
  “Closed disposal site” means a disposal site that ceases to accept solid waste and is closed in accordance with applicable statutes, regulations, and local ordinances...
• Section 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...
• Section 40116.1.
  “Composting” means the controlled or uncontrolled biological decomposition of organic wastes.(Added by Stats. 2008, Ch. 500, Sec. 2. Effective January 1, 2009.)
• Section 40117.
  “Gasification” means a technology that uses a noncombustion thermal process to convert solid waste to a clean burning fuel for the purpose of generating electricity,...
• Section 40118.
  “Department” means the Department of Resources Recycling and Recovery.(Added by Stats. 2010, Ch. 275, Sec. 1. (SB 390) Effective January 1, 2011.)
• Section 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...
• Section 40120.05.
  “Director” means the Director of Resources Recycling and Recovery.(Added by Stats. 2009, Ch. 21, Sec. 6. (SB 63) Effective January 1, 2010.)
• Section 40120.1.
  “Disposal” or “dispose” has the same meaning as “solid waste disposal” as defined in Section 40192.(Amended by Stats. 2008, Ch. 500, Sec. 3. Effective January...
• Section 40121.
  “Disposal facility” or “facility” means a facility or location where disposal of solid waste occurs or an EMSW conversion facility.(Amended by Stats. 2013, Ch. 411,...
• Section 40122.
  “Disposal site” or “site” means the place, location, tract of land, area, or premises in use, intended to be used, or which has been used,...
• Section 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...
• Section 40127.
  “Diversion program” means a program in the source reduction and recycling element of a jurisdiction’s integrated waste management plan, specified in Chapter 2 (commencing with...
• Section 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...
• Section 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,...
• Section 40131.2.
  (a) “Engineered municipal solid waste conversion” or “EMSW conversion” means the conversion of solid waste through a process that meets all of the following requirements:(1) The waste...
• Section 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, Sec....
• Section 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...
• Section 40135.1.
  “Account” means the Integrated Waste Management Account created in the fund pursuant to Section 48001.(Added by Stats. 1993, Ch. 656, Sec. 3. Effective October 1,
• Section 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...
• Section 40141.
  (a) “Hazardous waste” means a waste, defined as a “hazardous waste” in accordance with Section 25117 of the Health and Safety Code, or a combination of...
• Section 40145.
  “Jurisdiction” means a city, county, or regional agency that is approved by the board pursuant to Section 40975.(Added by Stats. 2008, Ch. 343, Sec. 3....
• Section 40148.
  “Large state facility” means those campuses of the California State University and the California Community Colleges, prisons within the Department of Corrections, facilities of the...
• Section 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....
• Section 40150.1.
  “Multicounty regional agency” means a regional agency, as defined in Section 40181, that includes all of the jurisdictions that are located in at least two...
• Section 40150.2.
  “Minor violation” means the failure of a person to comply with a requirement or condition of an applicable law, regulation, permit, information request, order, variance,...
• Section 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...
• Section 40160.
  “Operator” means a person who operates a solid waste facility or operates a disposal site.(Amended by Stats. 2008, Ch. 500, Sec. 8. Effective January 1,
• Section 40162.
  “Owner” means a person who holds fee title to, or a leasehold or other possessory interest in, real property that is presently in use as...
• Section 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.(Amended...
• Section 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...
• Section 40172.
  “Processing” means the reduction, separation, recovery, conversion, or recycling of solid waste.(Added by Stats. 1989, Ch. 1096, Sec. 2.)
• Section 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...
• Section 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...
• Section 40182.
  “Regional water board” means a California regional water quality control board.(Added by Stats. 1989, Ch. 1095, Sec. 22.)
• Section 40183.
  (a) “Rural city” or “rural regional agency” means a city or regional agency that is located within a rural county as defined in Section 40184.(b) (1) Unless the...
• Section 40184.
  (a) “Rural county” means a county or multicounty regional agency that annually disposes of no more that 200,000 tons of solid waste.(b) (1) Unless the board takes action...
• Section 40190.
  “Segregated from other waste material” means any of the following:(a) The placement of recyclable materials in separate containers.(b) The binding of recyclable material separately from the other...
• Section 40190.5.
  “Sharps waste” means waste generated by a household that includes a hypodermic needle, syringe, or lancet.(Added by Stats. 2004, Ch. 157, Sec. 3. Effective January...
• Section 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,...
• Section 40192.
  (a) Except as provided in subdivisions (b) and (c), “solid waste disposal,” “disposal,” or “dispose” means the final deposition of solid wastes onto land, into the...
• Section 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...
• Section 40194.
  “Solid waste facility” includes a solid waste transfer or processing station, a composting facility, a gasification facility, a transformation facility, an EMSW conversion facility, and...
• Section 40195.
  “Solid waste handling” or “handling” means the collection, transportation, storage, transfer, or processing of solid wastes.(Added by Stats. 1989, Ch. 1095, Sec. 22.)
• Section 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...
• Section 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...
• Section 40196.3.
  “State agency” means every state office, department, division, board, commission, or other agency of the state, including the California Community Colleges and the California State...
• Section 40196.5.
  “State board” means the State Board of Equalization.(Added by Stats. 1990, Ch. 145, Sec. 6. Effective June 19, 1990.)
• Section 40197.
  “State water board” means the State Water Resources Control Board.(Added by Stats. 1989, Ch. 1095, Sec. 22.)
• Section 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...
• Section 40201.
  “Transformation” means incineration, pyrolysis, distillation, or biological conversion other than composting. “Transformation” does not include composting, gasification, EMSW conversion, or biomass conversion.(Amended by Stats. 2013,...

Last modified: October 22, 2018