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variance issued by the California Department of Health Services. Designated Waste <br />consists of those substances classified as Designated Waste by the California Water <br />Code Section 13173, as may be amended from time to time. <br />1.30 Discarded Materials <br />"Discarded Materials" are included in the definition of Solid Waste, and shall be <br />regulated as such. For purposes of this Agreement, material is deemed to have been <br />discarded, without regard to whether it is destined for Recycling or Disposal, and <br />whether or not is has been separated from other Solid Wastes, in all cases where a fee or <br />other compensation, in any form or amount, is directly or indirectly solicited from, or is <br />levied, charged, or otherwise imposed on, or paid by, the Generator or Customer in <br />exchange for handling services. As used herein, handling services include, without <br />limitation, the Collection, removal, Transportation, delivery, and Processing and/or <br />Disposal of the material. Discarded Materials do not include Edible Food that is <br />recovered for human consumption and is not discarded. For the purposes of this <br />Agreement, Discarded Materials include Source Separated Recyclable Materials, <br />Organic Waste, Food Waste, Refuse Container Waste or Mixed Waste, and C&D once <br />the materials have been placed in Containers for Collection. <br />1.31 Disposal <br />"Disposal" means the ultimate disposition of Solid Waste Collected by Contractor at a <br />landfill or otherwise in full regulatory compliance. <br />1.32 Divert/Diversion <br />"Divert" or "Diversion' means to Divert from Disposal facilities or Transformation <br />facilities (including incineration, pyrolysis, distillation, gasification or biological <br />conversion) through source reduction, Recycling and composting, as provided in <br />Section 41780 of California Public Resources Code as such act may be hereafter <br />amended or superseded provided that Divert or Diversion shall include delivery to <br />Transformation facilities if the overall Diversion achieved by the City is at a level where <br />delivery to such facilities shall be considered Diversion pursuant to the Act. <br />1.33 Edible Food <br />"Edible Food" means food intended for human consumption. For the purposes of this <br />August 17, 2021 10 City of Santa Ana <br />