(a) No person shall accept waste or related material at or deliver waste or related material to an unauthorized facility.
(b) As used in this Article 9.5, the following words shall have the following meanings.
(1) Facility. A facility is any property (including solely developed real estate, solely undeveloped real estate and real estate which is in part developed and in part undeveloped), regardless of its nature of ownership or the nature of the right giving rise to its use, which is being used as a place for the acceptance, delivery and/or processing of waste or related material.
(2) Governmental Approval. Governmental approval means any permit, license, authorization or land-use approval required under Federal, State or local law (including regulation) to be obtained from the Federal, State or local government in order for a facility to accept waste or related material of the type being accepted and/or for the processing of the waste or related material being accepted in the manner it is being processed.
(A) A governmental approval includes, but is not limited to, a solid waste facility permit (Public Resources Code §§ 40000 et seq.), a permit from an air board, a waste discharge requirement, a building permit, a general plan land use district amendment, a conditional use permit or other land use approval.
(B) In order for such permit, license, authorization or land-use approval to be considered valid for the purposes of accepting and/or delivering waste or related material within the meaning of this Article 9.5:
(i) It must be issued either with respect to the facility (e.g., land-use approval) or, where applicable, to the facility operator with respect to the facility (e.g., a solid waste facility permit);
(ii) It must be issued with respect to the type of waste or related material being delivered, accepted and/or processed;
(iii) It must be issued with respect to the type of processing the waste or related material is being subjected to at the facility; and
(iv) It must be current and not subject to any suspension or other regulatory or judicial process which impairs the right of the operator of the facility to accept or perform processing on the waste or related material sought to be delivered to the facility.
(3) Processing. Processing involves any use, consumption, containerization, storage or disposal of waste or related material at the facility, including, but not limited to, its use, consumption, containerization, storage or disposal in: manufacturing; fabricating; construction; operation of a vermicomposting or vermiculture facility; or (within the meaning of Public Resources Code §§ 40000 et seq.) the biomass conversion, composting, disposal, processing, recycling, source reduction or transformation of solid waste, recyclable material or green waste.
(4) Unauthorized Facility. An unauthorized facility means a facility which does not possess a governmental approval for either or both:
(A) Accepting waste or related material of the type being delivered and accepted at the facility; or
(B) Processing the waste or related material being delivered and accepted in the manner it is being processed at the facility.
(5) Waste or Related Material. Waste or related material means solid waste as defined in Public Resources Code § 40191, recyclable material and green waste, whether or not the recyclable material and green waste are source separated or otherwise segregated from other waste material, hazardous waste (as defined in Public Resources Code § 40141) and medical waste (as defined in Health and Safety Code § 117690).
(c) The provisions of this Chapter shall apply to acceptance and delivery of waste or related material to an unauthorized facility:
(1) Located wholly within the unincorporated portion of San Bernardino County; or
(2) Located such that the waste or related material is being delivered, accepted or being subjected to processing (or any combination of the foregoing) on a portion of the unauthorized facility which is within the unincorporated portion of San Bernardino County.
(Ord. 3683, passed - -1997)