CCLME.ORG - DIVISION 7. CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD

(continued)

s 17126. Compatibility of the Plan.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17127. Planning Responsibility.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17128. Planning Liaison.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17129. General.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17130. Objectives and Measures to Achieve Objectives.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17131. Identification of Solid Wastes.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17132. Storage of Wastes for Collection.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17133. Collection System.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17134. Disposal and Processing of Wastes.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17135. Resource Recovery.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17136. Plan Administration.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17137. Economic Feasibility.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17138. Enforcement Program.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17139. Implementation of the Plan.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17140. Plan Preparation.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17141. Revision Preparation.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17142. Participation.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17143. Informing the Public.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17144. Public Hearings or Meetings.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17145. Submittal of Preliminary Draft to Cities.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17146. Submittal of Final Draft to Cities.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17147. Approval by Cities of Plans and Revisions.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17148. Submittal of the Preliminary Draft to the Regional Agency.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17149. Submittal of the Final Draft to the Regional Agency.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17150. Approval by the County.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17151. Submittal of Preliminary Draft to the Board.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17152. Submittal of Final Plan to the Board.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17153. Approval by the Board.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17154. Resubmission of Deficient Plan.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17155. Preparing Amendments.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17156. Participation.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17157. Informing the Public.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17158. Public Hearings or Meetings.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17159. Regional Agency Review.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17160. City Approval of Amendments.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17161. Approval by the County.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17162. Submittal to Board for Preliminary Review.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17163. Submittal to Board for Approval.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17164. Approval by Board.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17165. Resubmission of Deficient Amendment.

Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code.

s 17200. Authority.
The regulations contained herein are promulgated pursuant to Public Resources Code (PRC) sections 43020 and 43021 and Health and Safety Code section 4520. No provision in chapter 3 shall be construed as a limitation or restriction upon the board's right to exercise discretion which is vested in it by law. Nor shall any provision be construed to limit or restrict counties and cities from promulgating enactments which are as strict as or stricter than the regulations contained in this chapter. However, no city or county may promulgate enactments which are inconsistent with the provisions of this chapter. Any reference in this chapter to an enforcement agency shall be deemed to mean the enforcement agency created pursuant to Public Resources Code sections 43200 - 43219.

Note: Authority cited: Sections 66770-66774 and 66790, Government Code. Reference: Sections 66770-66774 and Chapters 1, 2 and 3 of Title 7.3 and Section 11125, Government Code.

s 17201. Compliance with Laws and Regulations.
Nothing in these standards shall be construed as relieving an owner, operator, or designer from the obligation of obtaining all required permits, licenses, or other clearances, and complying with all orders, laws, regulations, or other requirements of other approval, regulatory or enforcement agencies, such as, but not limited to, the Department, local health entities, water and air quality control boards, local land use authorities, fire authorities, etc.

s 17202. Purpose.
The purpose of these regulations is to promote the health, safety and welfare of the people of the State of California, and to protect the environment by establishing minimum standards for the handling of solid wastes.

s 17203. Intent.
By adopting these standards, the board hereby sets forth performance standards for solid waste handling activities which are of state concern, as required by Public Resources Code section 43021, and sets forth minimum substantive requirements for operators' submission of information concerning individual solid waste facilities.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40000, 40001 and 40002, Public Resources Code.

s 17204. Intent of Standards.
These standards are intended to describe required levels of performance rather than detailed requirements. Wherever possible, operators and designers will be permitted flexibility in meeting the objectives set by the standards. Where the term "adequate" or the phrase "as approved by the enforcement agency" is used, the operator will usually propose a method, physical improvement, or other appropriate means to comply with a standard. The enforcement agency may thereupon accept, modify, reject, or replace the operator's proposal, and shall incorporate the means of compliance into the operator's permit, if applicable and appropriate.

s 17205. Health Related Standards.
These regulations contain both Health related standards and standards related to Solid Waste Management. The Health Standards are designated by the letter "H." When a Solid Waste Management Standard also is included in a section, it is identified by the letters "SWM." In all other cases the standards are Solid Waste Management Standards.

s 17206. Waivers.

s 17210. Scope and Applicability.
(a) This Article informs an operator who holds a valid solid waste facilities permit of the process for applying for an emergency waiver of standards (waiver) in the event of a state of emergency or local emergency. The waiver grants an operator temporary relief from specific standards imposed by this Division or specific terms or conditions of a solid waste facilities permit issued pursuant to this Division. This Article implements and makes specific those provisions of Section 43035 of the Public Resources Code relating to the integrated waste management disaster plan.
(b) This Article is not intended to limit the authority of the state or a local agency during a disaster or emergency.

Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40001, 40002, 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021 of the Public Resources Code.

s 17210.1. Definitions.
(a) "Agency" means the local agency responsible for compiling the disposal information from haulers and operators. The county is the agency, unless a region is given the responsibility as part of a regional agreement.
(b) "Board" means the California Integrated Waste Management Board.
(c) "Disaster" means a natural catastrophe such an an earthquake, fire, flood, landslide, or volcanic eruption, or, regardless of cause, any explosion, fire, or flood.
(d) "Disaster Debris" means nonhazardous solid waste caused by or directly related to a disaster.
(e) "Diversion" means the directing of solid waste from disposal or transformation by means of recycling, reuse, or composting.
(f) "Emergency Waiver of Standards" means the document signifying approval by an enforcement agency which allows an operator, who holds a valid solid waste facilities permit, the ability to deviate from specified state minimum solid waste standards or terms or conditions of a solid waste facilities permit issued pursuant to this Division. The waiver applies to the origin of waste; the rate of inflow for storage, transfer, or disposal of waste; the type and moisture content of solid waste; the hours of facility operation; and the storage time before the transfer or disposal of wastes, at a solid waste facility. This includes the establishment of a locally-approved temporary transfer or processing site, if authorized by the enforcement agency.
(g) "Enforcement Agency" means the agency designated pursuant to the requirements set forth in Public Resources Code, sections 43200 through 43221, or the Executive Director of the Board in the event that the enforcement agency (EA) is incapable of responding due to the nature of the emergency.
(h) "Extent Feasible" is evidenced by the use of maximum efforts to recycle, reuse, or otherwise divert from disposal as much of the debris and other nonhazardous waste received by the solid waste facility as possible, as determined by the operator.
(i) "Jurisdiction of Origin" means the incorporated city or the unincorporated area of the country where the waste originated.
(j) "Local Emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, as described in Government Code section 8558(c), which conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, as stated in the proclamation by the governing body of a county, city and county, or city, or by an official so designated by ordinance adopted by such governing body to issue such proclamation.
(k) "State of Emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, as described in Government Code section 8558(b), which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city, and require the combined forces of a mutual aid region or regions to combat, as stated in a proclamation by the Governor.

Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40002, 43020, 43021 and 43035, Public Resources Code.

s 17210.2. Purpose and Limitations of an Emergency Waiver.
(a) An emergency waiver may only be issued when there has been a proclamation of a state of emergency or local emergency, as those terms are defined in this Article.
(b) An EA may approve and issue a waiver for the express purpose of enabling an operator of an existing permitted solid waste facility or a locally-approved temporary transfer or processing site to accept disaster debris and other nonhazardous wastes, in a manner not consistent with the terms and conditions of the relevant solid waste facilities permit, during the recovery phase of a state of emergency or local emergency.
(c) The waiver may apply to specified state minimum solid waste standards or a specific term or condition of a solid waste facilities or a locally-approved temporary transfer or processing site which are related to the following: the origin of waste; the rate of inflow for storage, transfer, processing, or disposal of waste; the type and moisture content of solid waste; the hours of facility operation; and the storage time before transfer, processing, or disposal of nonhazardous waste.
(d) The effective period of an initial waiver, once granted by the EA, shall not exceed 120 days. Upon receipt of the reports required in section 17210.5, the EA may extend the effective period of a waiver, as necessary, to assist in the recovery from an emergency.
(e) All other state minimum standards and permit conditions which are not the subject of the waiver shall remain in effect.
(f) A waiver may be modified, canceled, or revoked by the EA without advance notice should the EA determine that any of the following occurs:
(1) The use of such a waiver will cause or contribute to a public health and safety or environmental problem;
(2) The terms of the waiver are not being used expressly to handle the state of emergency or local emergency and are not in the best interest of the public health and safety;
(3) The waiver is no longer necessary;
(4) The solid waste facility operator is not utilizing disaster debris diversion programs to the extent feasible.

Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 43002, 43020, 43021 and 43035, Public Resources Code.

s 17210.3. Request for an Emergency Waiver.
(a) An operator may apply to an EA for a waiver after a disaster or emergency situation as defined in this Article, has been declared. The waiver shall only be granted with the express approval of the EA following a proclamation of emergency or declaration of disaster at the local or state levels.
(b) To obtain a waiver, a solid waste facility operator shall submit a written request to the EA. The request for a waiver shall include, but not be limited to, the following information:
(1) A listing of the existing solid waste facilities permit terms and conditions to be waived in order to facilitate recovery and disposal of disaster debris in the event of a declared disaster or emergency;
(2) A statement of the remaining disposal capacity of the solid waste disposal facility at the time of the request;
(3) A description of all facility-related diversion programs and on-site recycling facilities; and
(4) A listing of locally-approved temporary transfer or processing sites to be used to store disaster debris for future reuse or recycling.

Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40001, 40002, 43020, 43021 and 43035, Public Resources Code.

s 17210.4. Granting an Emergency Waiver.
(a) The EA may grant a waiver during the proclamation of emergency upon making the following findings:
(1) The operator applying for the waiver holds a valid solid waste facilities permit;
(2) The waiver will not pose a threat to public health and safety or the environment;
(3) The operator identifies and implements, the the extent feasible, diversion programs to maximize diversion through reuse, recycling, or composting of disaster-related waste.
(b) Within 7 days of receipt of the solid waste facility operator's request for a waiver, the EA shall notify the solid waste facility operator in writing whether or not the request for waiver has been granted. If the proposed waiver is not granted, the EA's notification shall contain reasons for the denial. The solid waste facility operator may reapply for the waiver at a later date or submit necessary documentation to receive the waiver immediately.

Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40002, 43020, 43021 and 43035, Public Resources Code.

s 17210.5. Reporting Requirements for a Solid Waste Facility Operator.
(a) The solid waste facility operator shall submit a written report to the EA and the local county agency (agency) within 90 days of activation of the waiver and every 90 days thereafter for the effective period of the activated waiver.
(b) The written report shall include the following information:
(1) The daily amount of disaster debris received, diverted, and disposed at the facility;
(2) The jurisdiction of origin for the disaster debris received at the facility;
(3) The increase in tonnage or volume of waste received per day during the effective period of the activated waiver; and
(4) The facilities used to process the disaster debris.
(c) If pursuant to section 17210.2(d) of this Article, the waiver is extended beyond 120 days, the operator shall submit a report, as described in subparagraph (b), to the EA and agency. The report shall be submitted once every 90 days until the end of the effective period of the waiver.
(d) After the activated waiver expires, the solid waste facility operator shall continue to submit the information requested in item (b) above to any EA and agency, every 90 days, until there is no longer any discernable disaster related waste being processed or stored at the facility.

Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40002, 43020, 43021 and 43035, Public Resources Code.

s 17210.6. Reporting Requirements for an Enforcement Agency.
(a) The EA shall transmit a copy of the approved waiver to the Board within 15 days of its issuance.
(b) The EA shall submit a copy of the operator's written reports to the board within 30 days of the receipt of the reports.

Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40002, 43020, 43021 and 43035, Public Resources Code.

s 17210.7. Selection of a Solid Waste Facility for Emergency Disposal and Diversion.
(a) In the event of a state emergency or local emergency, the EA shall do the following:
(1) Assist a local government within its jurisdiction by providing a list of solid waste disposal facilities which have been granted a waiver. The list shall include site capacity for acceptance of waste, hours of operation, daily tonnage limits during the emergency, and on-site recycling and diversion for disaster-related debris.
(2) Survey the solid waste facilities within its jurisdiction and determine the diversion programs available at the facilities. Diversion information will be made available by the EA to an affected local jurisdiction and to the public during a declared emergency.

Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40002, 43020, 43021 and 43035, Public Resources Code.

s 17210.8. Authority of an Enforcement Agency.
(a) An EA may approve waivers of minimum standards and specific terms or conditions of a solid waste facilities permit, as needed, to respond to a disaster or emergency situation, as defined in section 17210.1.

Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40001, 40002, 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021 of the Public Resources Code.

s 17210.9. Executive Director's Powers and Duties Relative to the Emergency Waiver.
(a) Once the waiver is issued, the Executive Director of the Board shall review all EA waiver approvals. The Executive Director may condition, limit, suspend, or terminate an operator's use of a waiver, if it is determined that use of the waiver would cause harm to public health and safety, or the environment.
(b) The Executive Director may condition, limit, suspend, or terminate an operator's use of a waiver if it is found that the operator has not utilized reasonably available waste diversion programs as identified in its waiver documentation.
(c) The Executive Director shall report to the Board at a regularly scheduled meeting any granting of a waiver, and all determinations made concerning the waiver.

Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40002, 43020, 43021 and 43035, Public Resources Code.

s 17211. Scope and Applicability.
(a) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (the Act), commencing at Section 40000 of the Public Resources Code, as amended. These Regulations should be read together with the Act.
(b) The purpose of this Article is to provide a means for an enforcement agency (EA) to authorize a temporary waiver from specific terms and conditions of a solid waste facilities permit for a limited period during a temporary emergency as defined in Section 17211.1(b). This Article does not authorize relief from requirements of State Minimum Standards, set out in Title 14, California Code of Regulations, Chapter 3, or other standard or requirement adopted by the Board.
(c) Pursuant to this Article, an Enforcement Agency (EA) may issue a stipulated agreement defined in Section 17211.1(a) that provides a temporary waiver of specific terms and conditions of a solid waste facilities permit during a temporary emergency.
(d) This article informs an operator, who holds a valid solid waste facilities permit, of the process for requesting a stipulated agreement in the event of an temporary emergency.
(e) This Article is not intended to limit the authority of the state or a local agency, including the EA or the Board to enforce the terms and conditions of a solid waste facilities permit that are not subject to the stipulated agreement, State Minimum Standards, and provisions of the Act.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code.

s 17211.1. Definitions.
In addition to the definitions set forth in Section 17210.1 of Article 3, of this Chapter, the following definitions apply to this Article 3.5:
(a) "Stipulated agreement" means an enforceable document written by the EA, pursuant to Division 30, Public Resources Code, Section 45011(a), that provides a temporary waiver of specified terms and conditions of a solid waste facilities permit issued to an operator pursuant to this Division. This document is subject to appeal through the appeal process set out in Division 30, Public Resources Code, Parts 5 and 6.
(b) "Temporary Emergency" means a temporary, unforeseeable circumstance. This does not include a collection or disposal labor strike or competitive market changes.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a) and Division 30, Parts 5 and 6, Public Resources Code.

s 17211.2. Purpose and Limitation of a Stipulated Agreement.
(a) A stipulated agreement may only be used in the event of a temporary emergency.
(b) A stipulated agreement may only be used when the EA and operator agree that the circumstance contributing to the temporary emergency was unforeseeable.
(c) An EA may use a stipulated agreement for the express purpose of enabling an operator of an existing permitted solid waste facility to operate in a manner not consistent with the terms and conditions of the solid waste facilities permit.
(d) The operator must comply with the terms and conditions of the solid waste facilities permit until such time as a stipulated agreement is provided by the EA.
(e) The term of the stipulated agreement once granted by the EA, shall not exceed 90 days. The EA may grant one or more extensions of 90 days or less as allowed in Section 17211.6.
(f) All permit terms and conditions, which are not the subject of the stipulated agreement, shall remain in effect.
(g) A stipulated agreement may be modified; cancelled, or revoked by the EA without advance notice should the EA determine that any of the following occurs:
(1) The use of the stipulated agreement causes or contributes to, or threatens to cause or contribute to, harm to the public health and safety or the environment;
(2) The terms of the stipulated agreement are not being used expressly to handle a temporary emergency and are not in the best interest of the public health and safety or the environment;
(3) The solid waste facilities permit has been revised to include terms and conditions that address the temporary emergency.
(4) The temporary emergency no longer exists (so the stipulated agreement is no longer necessary).
(h) A stipulated agreement shall be cancelled or revoked by the EA without advance notice should the EA determine that the operator is not in compliance with the time frames and requirements included in the stipulated agreement under Section 17211.5(c) and (d).

Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code.

s 17211.3. Request for a Temporary Stipulated Agreement.
(a) An operator may make a request to an EA for a stipulated agreement.
(b) To obtain a stipulated agreement, the operator shall submit a written request to the EA. The request for the stipulated agreement shall include the following information:
(1) A description of the temporary emergency, including a description of how the circumstance was unforeseeable, which justifies a waiver.
(2) The specific changes in operation or design at the facility required to address the temporary emergency.
(3) The specific terms and conditions of the facility's existing solid waste facilities permit from which the operator is requesting a waiver.
(4) A requested date to begin implementation of the stipulated agreement.
(5) Actions the operator will take so the stipulated agreement is no longer needed including milestones and associated timelines with specific dates.
(6) Evidence acceptable to the EA that the operation of the facility under a stipulated agreement is compliant with all applicable land use entitlements, all other permits affecting the facility, all applicable federal, state, and local laws and regulations, and the California Environmental Quality Act.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code.

s 17211.4. Issuing a Stipulated Agreement.
(a) The EA may issue a stipulated agreement upon making the following determinations:
(1) The operator requesting a stipulated agreement holds a valid solid waste facilities permit for the facility.
(2) The operator is in compliance and has demonstrated good faith in maintaining compliance with state minimum standards and the terms and conditions of the existing solid waste facilities permit.
(3) Operation under the stipulated agreement will not pose a threat to public health and safety or the environment.
(4) Any restrictions, conditions, or terms contained in the stipulated agreement have been agreed upon by the EA and the operator.
(5) A stipulated agreement may not be used for a recurring temporary emergency addressed by a previous stipulated agreement.
(b) Within 5 working days of receipt of the operator's request for a stipulated agreement, the EA shall notify the operator in writing whether or not the request for a stipulated agreement has been granted. If the proposed stipulated agreement is not granted, the EA's notification shall contain reasons for the denial. The solid waste facility operator may again request the stipulated agreement at a later date or submit necessary documentation to receive the stipulated agreement.
(c) If a stipulated agreement is not requested or a request is denied, the EA may address the changes required to address the temporary emergency through the processes and mechanisms included in Chapter 5, Article 4.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code.

s 17211.5. Contents of a Stipulated Agreement.
Contents of a stipulated agreement are as follows, but not limited to:
(a) Specific terms and conditions of the solid waste facilities permit that are subject to the stipulated agreement.
(b) Justification for providing the stipulated agreement, including evidence supporting the finding made by the EA.
(c) The specific changes in operation or design at the facility required to address the temporary emergency.
(d) Term of the stipulated agreement, including commencement date, termination date and whether request for one or more extensions will be entertained under appropriate and specified circumstances.
(e) Actions the operator will take including milestones and associated timelines with specific dates to revise its solid waste facilities permit or to modify its operations so that the facility will no longer need the stipulated agreement.
(f) Actions the EA will take if applicable to assist the operator to revise its solid waste facilities permit or to modify its operations or design so that the facility will no longer require the stipulated agreement.
(g) Evidence, demonstrated through the signatures of both the operator and the EA, that the operator and EA have agreed to the requirements set out in the stipulated agreement.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code.

s 17211.6. Reporting Requirements for a Solid Waste Facility Operator
(a) The solid waste facility operator shall submit a written report to the EA within10 days prior to the termination date of the stipulated agreement.
(b) The written report shall include:
(1) Information regarding changes in operation or design that took place as a result of the stipulated agreement.
(2) Description of steps taken to find a longer term and/or permanent solution to address the unforeseeable circumstance.
(3) Either a request to discontinue the stipulated agreement on a date certain, or a request to continue the stipulated agreement for another 90 days.
(c) If the stipulated agreement is extended beyond the initial 90 days, the operator shall submit a subsequent report, as described in subparagraph (b), to the EA. The report shall be submitted once every 10 days prior to the termination date of each extension of the stipulated agreement.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code.

s 17211.7. Reporting Requirements for an Enforcement Agency.
(a) The EA shall transmit a copy of the stipulated agreement request and stipulated agreement to the Board within 5 working days of it being granted.
(b) The EA shall transmit a copy of the stipulated agreement request and verification of denial to the Board within 5 working days of the stipulated agreement denial.
(c) The EA shall transmit a copy of verification of an extension of a stipulated agreement to the Board with in 5 working days of it being granted.
(d) The EA shall submit a copy of the operator's written reports to the Board within 5 working days of the receipt of the reports.
(e) The EA shall provide an oral report to the Board during the next regularly scheduled meeting after an extension of a stipulated agreement.
(f) Within 24 hours following the EA's issuance of a stipulated agreement, the EA shall submit a notice for publication in a daily newspaper of general circulation in the community in which the solid waste facility is located and shall submit a notice to the Board to be posted on the Board's web page.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code.

s 17211.8. Authority of an Enforcement Agency.
(a) An EA may approve a waiver through a stipulated agreement addressing specific terms or conditions of a solid waste facilities permit, as needed, to respond to a temporary emergency, as defined in Section 17211.1.
(b) For reasons noted in Section 17211.2(g) the EA may cancel or revoke a stipulated agreement and choose to address the situation through mechanisms found in Chapter 5, Article 4.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code.

s 17211.9. Board Review of Stipulated Agreements.
(a) Once a stipulated agreement is issued and provided pursuant to Section 17211.7(a), the Executive Director, or designee, of the Board shall review all EA approvals. The Executive Director, or designee, may condition, limit, suspend, or terminate an operator's use of a stipulated agreement, if it is determined that the use of the agreement would cause harm to public health and safety, or the environment.
(b) The Executive Director, or designee, shall report to the Board at the next regularly scheduled meeting any issuance of a stipulated agreement, denial of a stipulated agreement, extension of a stipulated agreement, or action taken by the EA pursuant to this Article.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code.

s 17225. General.
(a) Unless the context requires another construction, the definitions set forth in this article and in Division 30 of the Public Resources Code shall govern the construction of this chapter. No definitions which are present in Division 30 of the Public Resources Code are repeated herein. Consequently, those definitions should be read in conjunction with the ones set forth herein.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40000, 40001 and 40002, Public Resources Code; Title 40, Code of Federal Regulations, Section 258.2.

s 17225.1. Abandoned Vehicles.
"Abandoned Vehicles" includes vehicles, with or without motor power, including cars, trucks, trailers, mobilehomes, buses, etc., left on public or private property for an extended period of time and usually in an inoperable or hazardous condition.

s 17225.2. Active Face.

s 17225.3. Agricultural Solid Wastes.
"Agricultural Solid Wastes" include wastes resulting from the production and processing of farm or agricultural products, including manures, prunings and crop residues wherever produced.

s 17225.4. Approval Agency.
"Approval Agency" includes any agency with regulatory powers regarding solid waste generation, collection, transportation, processing or disposal and includes, but is not limited to the Board, the Department, California Regional Water Quality Control Boards, local air pollution control districts, local enforcement agencies, local health entities and local land use authorities.

s 17225.5. Ashes.
"Ashes" includes the residue from the combustion of any solid or liquid materials.

s 17225.6. Baling.
"Baling" includes the process of compressing and binding solid wastes.

s 17225.7. Board.

s 17225.8. Bulky Waste.
"Bulky Waste" includes large items of solid waste such as appliances, furniture, large auto parts, trees, branches, stumps and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing or disposal methods.

s 17225.9. Cell.

s 17225.10. Collection.
"Collection" means the act of collecting solid waste at the place of waste generation by an approved collection agent (public or private) and is distinguished from "removal."

s 17225.11. Combustible Refuse.
"Combustible Refuse" means any burnable refuse.

s 17225.12. Commercial Solid Wastes.
"Commercial Solid Wastes" include all types of solid wastes generated by stores, offices and other commercial sources, excluding residences, and excluding industrial wastes.

s 17225.13. Collection Vehicle or Equipment.
"Collection Vehicle or Equipment" includes any vehicle or equipment used in the collection of residential refuse or commercial solid wastes.

s 17225.14. Composting.
"Composting" includes a controlled microbial degradation of organic wastes yielding a safe and nuisance free product.

s 17225.15. Construction and Demolition Wastes.
"Construction and Demolition Wastes" include the waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures.

s 17225.16. Cover Material.

s 17225.17. Daily Cover.

s 17225.18. Dead Animals.
"Dead Animals" include those animals whose carcasses require disposal.

s 17225.19. Decomposition Gases.

s 17225.20. Department.

s 17225.21. Disposal Area.
"Disposal Area" means that portion of a disposal site which has received or is receiving solid wastes.

s 17225.22. Disposal Site or Site.

s 17225.23. Disposal Site Owner.

s 17225.24. Dump.

s 17225.25. "EA." (CIWMB)
"EA" means enforcement agency as defined in PRC Section 40130 .

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40000, 40001, 40002, Public Resources Code; Title 40, Code of Federal Regulations, Section 258.2.

s 17225.26. Fill.

s 17225.27. Final Cover.

s 17225.28. Final Site Face.

s 17225.29. Flue.
"Flue" includes any duct or passage for air, gases, or the like, such as a stack or chimney.

s 17225.30. Garbage.
"Garbage" includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs.

s 17225.31. Groups of Wastes.

s 17225.32. Hazardous Wastes.
"Hazardous Wastes" include any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer, which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness or harm to humans, domestic animals, or wildlife, during, or as an approximate result of any disposal of such wastes or mixture of wastes as defined in Article 2, Chapter 6.5, Section 25117 of the Health and Safety Code. The terms "toxic," "corrosive," "flammable," "irritant," and "strong sensitizer" shall be given the same meaning as in the California Hazardous Substances Act (Chapter 13 commencing with Section 28740 of Division 21 of the Health and Safety Code).

s 17225.33. Incinerator.
"Incinerator" includes any equipment used for the volume reduction or destruction of combustible wastes by burning, from which the exhaust gases pass through a flue.

s 17225.34. Incinerator Residue.
"Incinerator Residue" includes the solid materials remaining after reduction in an incinerator.

s 17225.35. Industrial Wastes.
"Industrial Wastes" include all types of solid wastes and semi-solid wastes which result from industrial processes and manufacturing operations.

s 17225.36. Infectious Wastes.
"Infectious Wastes" include:
(a) Equipment, instruments, utensils and other fomites of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must, therefore, be isolated as required by public health agencies;
(b) laboratory wastes, including pathological specimens (i.e., all tissues, specimens of blood elements, excreta and secretions obtained from patients or laboratory animals) and disposable fomites (any substance that may harbor or transmit pathogenic organisms) attendant thereto;
(c) surgical operating room pathologic specimens -including recognizable anatomical parts, human tissue, anatomical human remains and disposable materials from hospitals, clinics, outpatient areas and emergency rooms, as is also defined in Section 314(d) of the California Administrative Code, Title 17.

s 17225.37. Institutional Solid Wastes.
"Institutional Solid Wastes" include solid wastes originating from educational, health care, correctional, research facilities or other similar facilities.

s 17225.38. Intermediate Cover.

s 17225.39. Landfill.

s 17225.40. Leachate.

s 17225.41. Liquid Wastes.
"Liquid Wastes" means waste materials which are not spadeable.

s 17225.42. Litter.
"Litter" means all improperly discarded waste material, including, but not limited to, convenience food, beverage, and other product packages or containers constructed of steel, aluminum, glass, paper, plastic, and other natural and synthetic materials, thrown or deposited on the lands and waters of the state, but not including the properly discarded waste of the primary processing of agriculture, mining, logging, sawmilling, or manufacturing.

s 17225.43. Local Government.
"Local Government" is a local public entity which is a county, city, district, or any other special political subdivision, but is not the State.

s 17225.44. Non-Combustible Refuse.
"Non-Combustible Refuse" includes miscellaneous refuse materials that are unburnable at ordinary incinerator temperatures (1300 to 2000 degrees F).

s 17225.45. Nuisance.
"Nuisance" includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood or any considerable number of persons although the extent of annoyance or damage inflicted upon the individual may be unequal and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste.

s 17225.46. Open Burning.

s 17225.47. Operating Area.

s 17225.48. Operator.

s 17225.49. Person.

s 17225.50. Premises.
"Premises" includes a tract or parcel of land with or without habitable buildings or appurtenant structures.

s 17225.51. Processing.

s 17225.52. Putrescible Wastes.
"Putrescible Wastes" include wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases or other offensive conditions, and include materials such as food wastes, offal and dead animals.

s 17225.53. Refuse.
"Refuse" includes garbage and rubbish.

s 17225.54. Recycling.

s 17225.55. Removal.
"Removal" means the act of taking solid wastes from the place of waste generation either by an approved collection agent or by a person in control of the premises.

s 17225.56. Removal Frequency.
"Removal Frequency" means frequency of removal of solid wastes from the place of waste generation either by an approved collection agency or by the owner of the waste.

s 17225.57. Residential Refuse.
"Residential Refuse" includes all types of domestic garbage and rubbish which originate in residential dwellings.

s 17225.58. Resource Recovery.
"Resource Recovery" means the reclamation or salvage of wastes for reuse, conversion to energy or recycling.

s 17225.59. Rubbish.
"Rubbish" includes non-putrescible solid wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber by-products or litter.

s 17225.60. Runoff.

s 17225.61. Salvaging.
"Salvaging" means the controlled removal of waste material for utilization.

s 17225.62. Sanitary Landfill.

s 17225.63. Scavenging.
"Scavenging" means the uncontrolled and/or unauthorized removal of solid waste materials.

s 17225.64. Septic Tank Pumpings.
"Septic Tank Pumpings" include sludge and wastewater removed from septic tanks.

s 17225.65. Sewage Sludge.
"Sewage Sludge" includes any residue, excluding grit or screenings, removed from a waste water, whether in a dry, semidry or liquid form.

s 17225.66. Shredding.
"Shredding" includes a process of reducing the particle size of solid wastes through use of grinding, shredding, milling or rasping machines.

s 17225.67. Sludge.
"Sludge" includes the accumulated solids and/or semisolids deposited from wastewaters or other fluids.

s 17225.68. Small Volume Transfer Station.

s 17225.69. Solid Wastes or Wastes.

s 17225.70. Solid Waste Management.
"Solid Waste Management" includes a planned program for effectively controlling the generation, storage, collection, transportation, processing and reuse, conversion or disposal of solid wastes in a safe, sanitary, aesthetically acceptable, environmentally sound and economical manner. It includes all administrative, financial, environmental, legal and planning functions as well as the operational aspects of solid waste handling, disposal and resource recovery systems necessary to achieve established objectives.

s 17225.71. Street Refuse.
"Street Refuse" includes materials picked up by manual or mechanical sweeping of alleys, streets or sidewalks, litter from public litter receptacles and material removed from catch basins.

s 17225.72. Transfer/Processing Station or Station.

s 17225.73. Vector.
"Vector" includes any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease, or disrupting the normal enjoyment of life by adversely affecting the public health and well being.

s 17225.74. Written Approval.

s 17225.701. Altered Waste Tire.

Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42830 and 43020, Public Resources Code.

s 17225.705. Store.

Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42830 and 43020, Public Resources Code.

s 17225.710. Applicant.
"Applicant" means any person seeking a permit to operate a waste tire facility.

Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42820, 42822, 42833, 42830 and 43020, Public Resources Code.

s 17225.715. Baled Tires.
"Baled Tires" means either whole or altered waste tires that have been compressed and then secured with a binding material for the purpose of reducing their volume. Baled tires are waste tires as defined in PRC Section 42801.6, until fully enclosed or encapsulated in an engineered construction project for which all required local, state, and/or federal government approvals have been obtained. "Baling" in reference to waste tires means action which produces baled tires.

Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42801.6, 42820, 42830 and 43020, Public Resources Code.

s 17225.717. Collection.
Waste tires are considered in the "collection" process when they are temporarily placed in fully enclosed, licensed road transportable containers that are not stored at a permitted waste tire facility or a facility identified in Section 18420(a). The requirements of Article 5.5 of this Chapter and Chapter 6, with the exception of Article 8.5, Chapter 6, shall not apply to "collection" as long as the following conditions are met: (continued)