Construction/Demolition and Inert Debris Statutes and Regulations

Statutory Authority

PRC 40200

1. “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 used for transformation.
2. “Transfer or processing station” or “station” does not include any of the following:
   1. A facility, whose principal function is to receive, store, 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.

PRC 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.

PRC 40190 “Segregated from other waste material” means any of the following:

1. The placement of recyclable materials in separate containers.
2. The binding of recyclable material separately from other waste material.
3. The physical separation of recyclable material from other waste material.

PRC 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 waste, and other discarded solid and semisolid wastes.

PRC 40194 (Note that definition does not include recycling facility) “Solid waste facility” includes a solid waste transfer or processing station, a composting facility, a transformation facility, and a disposal facility.

PRC 40195 “Solid waste facility” includes a solid waste transfer or processing station, a composting facility, a transformation facility, and disposal facility.

PRC 41952 (Flow Control or Rancho Mirage Case) Nothing in this chapter limits the right of any person to donate, sell, or otherwise dispose of his or her recyclable materials.

PRC 42163 “Recycling residue” means nonhazardous residue or residue treated to be nonhazardous that is a direct result of metals recovery operations for the express purpose of recycling.

PRC 42301(a) “Curbside collection program” means a recycling program that collects materials set out by homeowners for collection at the curb at intervals not less than every two weeks. “Curbside collection program” does not include redemption centers, buyback locations, drop-off programs, material recovery facilities, or plastic recovery facilities.

PRC 42301(g) “Recycled” means a product or material which has been reused in the production of another product and has been diverted from disposal in a landfill

PRC 43021 Regulations shall include standards for the design, operation, maintenance, and ultimate reuse of solid waste facilities, but shall not include aspects of solid waste handling or disposal which are solely of local concern or which are within the jurisdiction of the State Air Resources Board, air pollution control districts, or the state water board or regional water boards.

PRC 44100(a) The enforcement agency, in issuing or reviewing any solid waste facilities permit or in connection with any action relating thereto or authorized by this division, may investigate the operation by any person of a transfer or processing station, disposal site, collection or handling equipment, or storage area for solid wastes.

PRC 44100(b) In the investigation, the enforcement agency may require any person, who is, or proposes to become, an operator of a transfer station, disposal site, collection or having equipment, or storage area for solid wastes, or any person which the enforcement agency believes may have information concerning a suspected violation of this division, to furnish, under penalty of perjury, any nonprivileged technical or monitoring program or other reports that the enforcement agency may specify.

Last updated: October 28, 2007