Cal. Code Regs. Tit. 14, § 18982 - Definitions
(a) Except as
otherwise provided, the following definitions shall govern the provisions of
this chapter:
(1) "Activities that constitute
landfill disposal" are activities described in Subdivision (a) of Section
18983.1.
(2) "Alternative daily cover (ADC)" has the
same meaning as in Section
of Title
2720690 of Title 27 of the California Code of
Regulations (CCR).
(3) "Alternative
intermediate cover (AIC)" has the same meaning as in Section
of Title
2720700 of Title 27 of the California Code of
Regulations.
(3.5) "Biomass
conversion" has the same meaning as in Public Resources Code, Section
40106.
(4) "Biosolids" has the same meaning as
Section 17852(a)(9) of
this division.
(5) "Blue container"
means a container where either:
(A) The lid of
the container is blue in color.
(B)
The body of the container is blue in color and the lid is either blue, gray, or
black in color. Hardware such as hinges and wheels on a blue container may be
any color.
(5.5) "Brown
container" means a container where either:
(A)
The lid of the container is brown in color.
(B) The body of the container is brown in
color and the lid is either brown, gray, or black in color. Hardware such as
hinges and wheels on a brown container may be any color.
(6) "Commercial business" means a firm,
partnership, proprietorship, joint-stock company, corporation, or association,
whether for-profit or nonprofit, strip mall, industrial facility, or a
multifamily residential dwelling.
(A) A
multifamily residential dwelling that consists of fewer than five units is not
a commercial business for the purposes of this chapter.
(7) "Commercial edible food generator"
includes a Tier One or a Tier Two commercial edible food generator as defined
in Subdivisions (a)(73) and (a)(74) of this section. For the purposes of this
chapter, food recovery organizations and food recovery services are not
commercial edible food generators.
(8) "Community composting" means any activity
that composts green material, agricultural material, food material, and
vegetative food material, alone or in combination, and the total amount of
feedstock and compost on-site at any one time does not exceed 100 cubic yards
and 750 square feet, as specified in Section
17855(a)(4).
(9) "Compliance review" means a review of
records by a jurisdiction or the Department to determine compliance with
subscribing to an organic waste collection service as required by this
chapter.
(10) "Compost" has the
same meaning as in Section
17896.2(a)(4).
(11) "Compostable material" has the same
meaning as in Section
17852(a)(11).
(12) "Compostable material handling
operation" or "facility" has the same meaning as in Section
17852(a)(12).
(13) "Consumer" has the same meaning as in
Section
113757
of the Health and Safety Code.
(14)
"Container contamination" or "contaminated container" means a container,
regardless of color, that contains prohibited container contaminants as defined
in Subdivision (a)(55).
(14.5)
"Designated source separated organic waste facility" means a solid waste
facility that accepts a source separated organic waste collection stream as
defined in Section
17402(a) (26.6)
and complies with one of the following:
(A)
The facility is a "transfer/processor," as defined in Section
18815.2(a)(62),
that is in compliance with the reporting requirements of Section
18815.5(d), and
meets or exceeds an annual average source separated organic content recovery
rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent
on and after January 1, 2025 as calculated pursuant to Section
18815.5(f) for
organic waste received from the source separated organic waste collection
stream.
1. If a transfer/processor has an
annual average source separated organic content recovery rate lower than the
rate required in paragraph (A) of this section for two (2) consecutive
reporting periods, or three (3) reporting periods within three (3) years, the
facility shall not qualify as a "Designated source separated organic waste
facility."
(B) The
facility is a "composting operation" or "composting facility" as defined in
Section 18815.2(a)(13)
that pursuant to the reports submitted under Section
18815.7 demonstrates that the
percent of the material removed for landfill disposal that is organic waste is
less than the percent specified in Section
17409.5.8(c)(2)
or 17409.5.8(c)(3),
whichever is applicable, and, if applicable, complies with the digestate
handling requirements specified in Section
17896.57.
1. If the percent of the material removed for
landfill disposal that is organic waste is more than the percent specified in
Section 17409.5.8(c)(2)
or 17409.5.8(c)(3)
for two (2) consecutive reporting periods, or three (3) reporting periods
within three (3) years, the facility shall not qualify as a "Designated source
separated organic waste facility."
(15) "Designee" means an entity that a
jurisdiction contracts with or otherwise arranges to carry out any
responsibilities of this chapter, as authorized in Section
18981.2 of this chapter. A
designee may be a government entity, a hauler, a private entity, or a
combination of those entities.
(16)
"Diesel gallon equivalent" means the amount of renewable gas transportation
fuel that has the equivalent energy content of one gallon of conventional
diesel.
(16.5) "Digestate" means
the solid and/or liquid material remaining after organic material has been
processed in an in-vessel digester.
(17) "Direct service provider" means a
person, company, agency, district, or other entity that provides a service or
services to a jurisdiction pursuant to a contract or other written
agreement.
(18) "Edible food" means
food intended for human consumption.
(A) For
the purposes of this chapter, "edible food" is not solid waste if it is
recovered and not discarded.
(B)
Nothing in this chapter requires or authorizes the recovery of edible food that
does not meet the food safety requirements of the California Retail Food
Code.
(19) "Enforcement
action" means an action of a jurisdiction or the Department to ensure
compliance with this chapter, including, but not limited to, issuing notices of
violation, accusations, or other remedies.
(20) "Facility that recovers source separated
organic waste" means a facility that handles source separated organic waste
separately from any other wastes as required in Section
17409.5.6.
(21) "Food" has the same meaning as in
Section
113781
of the Health and Safety Code.
(22)
"Food distributor" means a company that distributes food to entities including,
but not limited to, supermarkets and grocery stores.
(23) "Food facility" has the same meaning as
in Section
113789
of the Health and Safety Code.
(24)
"Food recovery" means actions to collect and distribute food for human
consumption which otherwise would be disposed.
(25) "Food recovery organization" means an
entity that engages in the collection or receipt of edible food from commercial
edible food generators and distributes that edible food to the public for food
recovery either directly or through other entities including, but not limited
to:
(A) A food bank as defined in Section
113783
of the Health and Safety Code;
(B)
A nonprofit charitable organization as defined in Section 113841 of the Health
and Safety code; and,
(C) A
nonprofit charitable temporary food facility as defined in Section
113842
of the Health and Safety Code.
(26) "Food recovery service" means a person
or entity that collects and transports edible food from a commercial edible
food generator to a food recovery organization or other entities for food
recovery.
(27) "Food service
provider" means an entity primarily engaged in providing food services to
institutional, governmental, commercial, or industrial locations of others
based on contractual arrangements with these types of organizations.
(27.5) "Fluorinated greenhouse gas" or
"fluorinated GHG" means sulfur hexafluoride (SF6),
nitrogen trifluoride (NF3), and any fluorocarbon except
for controlled substances as defined at 40 CFR Part 82, Subpart A, (May 1995),
which is hereby incorporated by reference, and substances with vapor pressures
of less than 1 mm of Hg absolute at 25 ° C. With these exceptions,
"fluorinated GHG" includes any hydrofluorocarbon, any perfluorocarbon, any
fully fluorinated linear, branched or cyclic alkane, ether, tertiary amine or
aminoether, any perfluoropolyether, and any hydrofluoropolyether.
(27.6) "Global warming potential" or "GWP"
means the ratio of the time-integrated radiative forcing from the instantaneous
release of one kilogram of a trace substance relative to that of one kilogram
of a reference gas (i.e., CO2). The GWP values are as
specified in the Table A-1 to Subpart A of Title 40 Code of Federal Regulations
Part 98 as published in the CFR on 12/11/2014, which is hereby incorporated by
reference.
(28) "Gray container"
means a container where either:
(A) The lid of
the container is gray or black in color.
(B) The body of the container is entirely
gray or black in color and the lid is gray or black in color. Hardware such as
hinges and wheels on a gray container may be any color.
(28.5) "Gray container collection stream" has
the same meaning as defined in Section
17402.
(29) "Green container" means a container
where either:
(A) The lid of the container is
green in color.
(B) The body of the
container is green in color and the lid is green, gray, or black in color.
Hardware such as hinges and wheels on a green container may be any
color.
(29.5) "Greenhouse
gas" means carbon dioxide (CO2), methane
(CH4), nitrous oxide (N20),
sulfur hexafluoride (SF6), hydrofluorocarbons (HFC),
perfluorocarbons (PFC), and other fluorinated greenhouse gases as defined in
this section.
(29.6) "Greenhouse
gas emission reduction" or "greenhouse gas reduction" means a calculated
decrease in greenhouse gas emissions relative to a project baseline over a
specified period of time.
(30)
"Grocery store" means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry;
and any area that is not separately owned within the store where the food is
prepared and served, including a bakery, deli, and meat and seafood
departments.
(30.5) "Hazardous wood
waste" means wood that falls within the definition of "Treated wood" or
"Treated wood waste" in Section
of Title
2267386.4 of Title 22 of the California Code
of Regulations.
(31) "Hauler" has
the same meaning as in Section
18815.2(a)(32).
(31.5) "Hauler route" means the designated
itinerary or sequence of stops for each segment of the jurisdiction's
collection service area.
(32)
"Health facility" has the same meaning as in Section
1250
of the Health and Safety Code.
(33)
"High diversion organic waste processing facility" means a facility that is in
compliance with the reporting requirements of Section
18815.5(d) and
meets or exceeds an annual average mixed waste organic content recovery rate of
50 percent between January 1, 2022 and December 31, 2024, and 75 percent after
January 1, 2025 as calculated pursuant to Section
18815.5(e) for
organic waste received from the "Mixed Waste Organic Collection Stream" as
defined in Section
17402(a)
(11.5).
(34) "Hotel" has the same
meaning as in Section
17210 of the Business and
Professions code.
(35) "Inspection"
means a site visit where a jurisdiction or the Department reviews records,
containers, and an entity's collection, handling, recycling, or landfill
disposal of organic waste or edible food handling to determine if the entity is
complying with requirements set forth in this chapter.
(36) "Jurisdiction" means a city, county, a
city and county, or a special district that provides solid waste collection
services. A city, county, a city and county, or a special district may utilize
a Joint Powers Authority to comply with the requirements of this chapter,
except that the individual city, county, city and county, or special district
shall remain ultimately responsible for compliance.
(37) "Jurisdiction of residence" means the
jurisdiction where a generator who is a self-hauler generated organic
waste.
(38) "Large event" means an
event, including, but not limited to, a sporting event or a flea market, that
charges an admission price, or is operated by a local agency, and serves an
average of more than 2,000 individuals per day of operation of the event, at a
location that includes, but is not limited to, a public, nonprofit, or
privately owned park, parking lot, golf course, street system, or other open
space when being used for an event.
(39) "Large venue" means a permanent venue
facility that annually seats or serves an average of more than 2,000
individuals within the grounds of the facility per day of operation of the
venue facility. For the purposes of this chapter, a venue facility includes,
but is not limited to, a public, nonprofit, or privately owned or operated
stadium, amphitheater, arena, hall, amusement park, conference or civic center,
zoo, aquarium, airport, racetrack, horse track, performing arts center,
fairground, museum, theater, or other public attraction facility. For the
purposes of this chapter, a site under common ownership or control that
includes more than one large venue that is contiguous with other large venues
in the site, is a single large venue.
(39.5) "Lifecycle greenhouse gas emissions"
or "Lifecycle GHG emissions" means the aggregate quantity of greenhouse gas
emissions (including direct and indirect emissions), related to the full
lifecycle of the technology or process that an applicant wishes to have
assessed as a possible means to reduce landfill disposal of organic waste. The
lifecycle analysis of emissions includes all stages of organic waste processing
and distribution, including collection from a recovery location, waste
processing, delivery, use of any finished material by the ultimate consumer,
ultimate use of any processing materials. The mass values for all greenhouse
gases shall be adjusted to account for their relative global warming
potential.
(40) "Local education
agency" means a school district, charter school, or county office of education
that is not subject to the control of city or county regulations related to
solid waste.
(41) "Non-compostable
paper" includes, but is not limited, to paper that is coated in a plastic
material that will not breakdown in the composting process.
(42) "Non-local entity" means an entity that
is an organic waste generator but is not subject to the control of a
jurisdiction's regulations related to solid waste. These entities may include,
but are not limited to, special districts, federal facilities, prisons,
facilities operated by the state parks system, public universities, including
community colleges, county fairgrounds, and state agencies.
(43) "Non-organic recyclables" means
non-putrescible and non-hazardous recyclable wastes, including, but not limited
to, bottles, cans, metals, plastics, and glass.
(44) "Notice and Order to Correct (NOTC)"
means a notice that a violation has occurred and that failure to correct the
violation may result in a penalty.
(45) "Notice of Violation (NOV)" means a
notice that a violation has occurred that includes a compliance date to avoid
an action to seek penalties.
(46)
"Organic waste" means solid wastes containing material originated from living
organisms and their metabolic waste products including, but not limited to,
food, green material, landscape and pruning waste, organic textiles and
carpets, lumber, wood, paper products, printing and writing paper, manure,
biosolids, digestate, and sludges.
(47) "Organic waste disposal reduction
target" is the statewide target to reduce the disposal of organic waste by 50
percent by 2020 and 75 percent by 2025, based on the 2014 organic waste
disposal baseline, set forth in Section
39730.6
of the Health and Safety Code.
(48)
"Organic waste generator" means a person or entity that is responsible for the
initial creation of organic waste.
(49) "Organic waste recovery activities" or
"recovery" means any activity or process described in Section
18983.1(b).
(50) "Organic Waste Recovery Noncompliance
Inventory" means a list of entities that have uncorrected violations of the
standards contained in this chapter.
(51) "Paper products" include, but are not
limited to, paper janitorial supplies, cartons, wrapping, packaging, file
folders, hanging files, corrugated boxes, tissue, and toweling.
(52) Paper purchase" means all purchases by a
jurisdiction of items in the following categories:
(A) Paper products.
(B) Printing and writing
papers.
(52.5)
"Performance-based source separated collection service" means a solid waste
collection service that meets the requirements of Section
18998.1(a).
(52.6) "Permanent" means, in the context of
the determination of processes or technologies that constitute a reduction in
landfill disposal, that greenhouse gas emissions reductions are not reversible,
or when these emissions reductions may be reversible, that mechanisms are in
place to replace any reversed greenhouse gas emissions reductions to ensure
that all reductions endure for at least 100 years.
(53) "Person" has the same meaning as in
Section
40170
of the Public Resources Code.
(54)
"Printing and writing papers" include, but are not limited to, copy,
xerographic, watermark, cotton fiber, offset, forms, computer printout paper,
white wove envelopes, manila envelopes, book paper, note pads, writing tablets,
newsprint, and other uncoated writing papers, posters, index cards, calendars,
brochures, reports, magazines, and publications.
(55) "Prohibited container contaminants"
means any of the following, but does not include organic waste specifically
allowed for collection in a container that is required to be transported to a
high diversion organic waste processing facility if the waste is specifically
identified as acceptable for collection in that container in a manner that
complies with the requirements of Section
18984.1,
18984.2, or
18984.3.
(A) Non-organic waste placed in a green
container that is part of an organic waste collection service provided pursuant
to Section
18984.1 or
18984.2.
(B) Organic wastes that are, carpet,
hazardous wood waste, or non-compostable paper placed in the green container
that is part of an organic waste collection service provided pursuant to
Section 18984.1 or
18984.2.
(C) Organic wastes, placed in a gray
container, that pursuant to Section
18984.1 or
18984.2 were intended to be
collected separately in the green container or blue container.
(D) Organic wastes placed in the blue
container shall be considered prohibited container contaminants when those
wastes were specifically identified in this chapter or through a local
ordinance for collection in the green container for recovery. Paper products,
printing and writing paper, wood and dry lumber may be considered acceptable
and not considered prohibited container contaminants if they are placed in the
blue container.
(56)
"Processing" has the same meaning as in Section
17402(a)(20).
(56.5) "Project baseline" means, in the
context of "greenhouse gas emission reduction" or "greenhouse gas reduction,"
and in the context of an application submitted pursuant to Section
18983.2, a conservative estimate
of the business-as-usual greenhouse gas emissions that would have occurred if
the organic waste proposed for recovery was disposed in an activity that
constitutes landfill disposal. This estimate may include greenhouse gas
emissions associated with the production and use of products replaced by a
Section 18983.2 technology or
process.
(57) "Property owner"
means the owner of real property.
(58) "Publicly owned treatment works" or
"POTW" has the same meaning as in Section 403.3(r) of Title 40 of the Code of
Federal Regulations.
(59)
"Recovered organic waste product procurement target" means the amount of
organic waste in the form of a recovered organic waste product which a
jurisdiction is required to procure annually.
(60) "Recovered organic waste products" means
products made from California, landfill-diverted recovered organic waste
processed at a permitted or otherwise authorized operation or
facility.
(60.5) "Recovery location"
includes the closest aggregating hub used to recover the organic waste after
collection. This could include but is not limited to a transfer facility,
recycling facility, or recovery facility.
(61) "Recycled content paper" means paper
products and printing and writing paper that consists of at least 30 percent,
by fiber weight, postconsumer fiber.
(62) "Renewable gas" means gas derived from
organic waste that has been diverted from a landfill and processed at an
in-vessel digestion facility that is permitted or otherwise authorized by Title
14 to recover organic waste.
(63)
"Residual organic waste" means waste that remains after organic waste has been
processed which is then sent to landfill disposal.
(64) "Restaurant" means an establishment
primarily engaged in the retail sale of food and drinks for on-premises or
immediate consumption.
(65) "Route
review" means a visual inspection of containers along a hauler route for the
purpose of determining container contamination and may include mechanical
inspection methods such as the use of cameras.
(66) "Self-hauler" means a person who hauls
solid waste, organic waste or recovered material he or she has generated to
another person.
Self-hauler also includes a person who back-hauls waste.
(A) "Back-haul" means
generating and transporting organic waste to a destination owned and operated
by the generator using the generator's own employees and
equipment.
(67) "Sewage
sludge" means the solid, semisolid, or liquid residue generated during the
treatment of domestic sewage in a municipal wastewater treatment facility.
Sewage sludge includes solids removed or used during primary, secondary, or
advanced wastewater treatment processes.
Sewage sludge does not include grit or screening material generated during preliminary treatment of domestic sewage at a POTW.
(68) "Share table" has
the same meaning as in Section
114079
of the Health and Safety Code.
(68.5) "Source sector" has the same meaning
as in Section
18815.2(a)(58).
(69) "Source separated organic waste" means
organic waste that is placed in a container that is specifically intended for
the separate collection of organic waste by the generator.
(70) "Source separated organic waste
collection stream" has the same meaning as defined in Section
17402(a)
(26.6).
(70.5) "Special district"
has the same meaning as Section
41821.2
of the Public Resources Code.
(71)
"Supermarket" means a full-line, self-service retail store with gross annual
sales of two million dollars ($2,000,000), or more, and which sells a line of
dry grocery, canned goods, or nonfood items and some perishable
items.
(72) "The 2014 organic waste
disposal baseline" means the total tons of organic waste disposed statewide in
2014 as calculated by the Department.
(73) "Tier one commercial edible food
generator" means a commercial edible food generator that is one of the
following:
(A) Supermarket.
(B) Grocery store with a total facility size
equal to or greater than 10,000 square feet.
(C) Food service provider.
(D) Food distributor.
(E) Wholesale food
vendor.
(74) "Tier two
commercial edible food generator" means a commercial edible food generator that
is one of the following:
(A) Restaurant with
250 or more seats, or a total facility size equal to or greater than 5,000
square feet.
(B) Hotel with an
on-site food facility and 200 or more rooms.
(C) Health facility with an on-site food
facility and 100 or more beds.
(D)
Large venue.
(E) Large
event.
(F) A state agency with a
cafeteria with 250 or more seats or a total cafeteria facility size equal to or
greater than 5,000 square feet.
(G)
A local education agency with an on-site food facility.
(75) "Uncontainerized green waste and yard
waste collection service" or "uncontainerized service" means a collection
service that collects green waste and yard waste that is placed in a pile or
bagged for collection on the street in front of a generator's house or place of
business for collection and transport to a facility that recovers source
separated organic waste.
(76)
"Wholesale food vendor" means a business or establishment engaged in the
merchant wholesale distribution of food, where food (including fruits and
vegetables) is received, shipped, stored, prepared for distribution to a
retailer, warehouse, distributor, or other
destination.
Notes
Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference: Sections 42652.5 and 42654, Public Resources Code; and Sections 39730.6 and 39730.8, Health and Safety Code.
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