Cal. Code Regs. Tit. 14, § 17931 - Definitions

(a) "Applicant" means an entity that is applying for a Loan.

(b) "Application" means the information an Applicant must provide to the Board when seeking a loan.

(c) "Board Loan Committee" or "Loan Committee" means the committee referred to and established in Section 17935.5 of this Chapter.

(d) "Borrower" means an Applicant whose application has been approved and who has executed a Loan Agreement.

(e) "Board" means California Integrated Waste Management Board.

(f) "CEQA" is the California Environmental Quality Act found in Public Resources Code Sections 21000, et seq.

(g) "Capital Improvements" means physical improvements to publicly owned land, including buildings, structures and fixtures or attachments of a permanent or semi-permanent nature, including large equipment, erected on and affixed to the land.

(h) "Designation" means a Zone Applicant has received written notification from the Board stating it has satisfactorily completed all the requirements for designation as a Recycling Market Development Zone.

(i) "Infrastructure" means the basic facilities, such as sewer, water, transportation, and utility systems.

(j) "Loan" means a loan from the Recycling Market Development Revolving Loan Subaccount or the California Tire Recycling Management Fund.

(k) "Loan Agreement" means a written agreement between a Borrower and the Board for a Loan made in accordance with this Article.

(l) "May" means a provision is permissive.

(m) "Must" means a provision is mandatory.

(n) "Onerous Debt" means debt with high interest rates and/or short terms that causes a negative impact on the Borrower's cash flow and jeopardizes the Borrower's ability to convert to or expand its diversion of recycled or secondary material.

(o) "Phase I Assessment" means an assessment to be completed by a specialized engineering or consulting firm that provides a professional opinion, based on obvious evidence, as to the past and potential usage, storage, handling, or disposal of materials within the property that have been or may be toxic or hazardous, or may cause violations of state and/or federal laws, rules, or regulations pertaining to soil and water quality; and to identify past and potential off-site contaminant sources that did have, or may have an adverse environmental impact on the property. The assessment may be performed at the time of loan application or at any time during the life of the loan, as determined necessary by the Board. Hazardous materials and wastes that are to be identified include those meeting the definitions of Public Resources Code Section 40141 and Health and Safety Code Sections 25117 and 25501(k).

(p) "Postconsumer waste material" is defined in Public Resources Code Section 42002(b).

(q) "Project" means the activity for which a loan is requested.

(r) "Recycling Market Development Zone" or "Zone" is a geographic area as defined by Public Resources Code Section 42002(d).

(s) "Reuse" means to take a product, rather than a material, which has served its useful life or is factory defective, and provide some new value to the product, by reconditioning, reprocessing, or some other process which makes the product usable again for its original intended purpose.

(t) "Secondary waste material" is defined in Public Resources Code Section 42002(f).

(u) "Source reduction" is defined in Public Resources Code Section 40196.

(v) "Value added product" means an item which has increased in value or changed its character or composition through a manufacturing or reuse process. Collecting, sorting and/or baling of recycled or recovered materials for convenience or ease of transportation does not constitute adding value.

(w) "Zone administrator" is defined in Section 17901(j) of this Chapter.

Notes

Cal. Code Regs. Tit. 14, § 17931

1. New section filed 11-24-92; operative 11-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48). For prior history, see Register 91, No. 14.
2. Change without regulatory effect amending subsections (r)-(t) and NOTE filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment of subsections (c), (s) and (t) and amendment of NOTE filed 9-15-97; operative 9-15-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 38).
4. Amendment filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
5. Amendment of subsection (a), repealer of subsection (h), subsection relettering and amendment of NOTE filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42023.1 and 42023.4, Public Resources Code.

1. New section filed 11-24-92; operative 11-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 48). For prior history, see Register 91, No. 14.
2. Change without regulatory effect amending subsections (r)-(t) and Note filed 7-8-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment of subsections (c), (s) and (t) and amendment of Note filed 9-15-97; operative 9-15-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 38).
4. Amendment filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
5. Amendment of subsection (a), repealer of subsection (h), subsection relettering and amendment of Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).