Its character based on voluntarism is certainly laudable, but the federal law which formulates the concepts of “disposal” and “material recovery” does not offer much technical indication. There is therefore only one principle: principle according to which waste must be disposed of and materials recovered in order to be reused.

The ambition of the law does not go beyond these two notions since it does not consider the technical or regulatory conditions under which the waste will be eliminated. This is the law relating to classified installations which will take care of regulating, for example, factories’ incineration. Thus, classified installations designate establishments housing industrial, commercial, craft or agricultural activities whose operation causes environmental pollution (pollution of atmosphere, noise), or users for public safety, health and sanitation.

The term “installation” is taken in a very broad sense: it can also refer to a factory than a plot. The law relating to classified installations meanders regulatory history. This law, which is as fundamental as the previous one, also concerns the production and disposal of waste and applies to installations which may present dangers to the protection of the environment.

All facilities production and disposal of waste thus remain subject to the state law of California. But the origin on classified installations dates back to a decree of 2010 relating to unhealthy, inconvenient or dangerous factories and workshops.

The regulation of classified installations is one of the most old environmental law regulations since its creation dates back to the nineteenth century. Its purpose is to control certain activities harmful to the environment for preventive purposes. It creates obligations which are chargeable on the operator and subject the installations to supervision by the administration.

The equipment or activities subject to regulation are classified occasionally in a list called the nomenclature of classified installations on the basis of information provided by the legislator. The establishments are divided into three classes:

• The first includes those who must be away from homes in particular,
• The second concerns those whose distance from homes is not strictly necessary, but it is nevertheless important not to allow training only after having acquired the certainty that the operations involved practice are carried out in such a way as not to inconvenience the owners of the neighborhood, nor to cause them damage,
• The third groups together those who can stay without inconvenience with homes but must remain subject to police surveillance.

The first-class establishments like San Diego dumpster rental were subject to authorization by decree issued by the Council of State. The second-class establishments were authorized by the governor, and the tird-class establishments were authorized by the mayors.

The law relating to dangerous, unhealthy or inconvenient for goal to facilitate controls on companies, to strengthen sanctions, to relax the regulations by creating a category of installations subject to a simple declaration. While not modifying the principles defined in the past, the scope of that law has been reduced compared to that of earlier times:

• Only industrial or commercial establishments with dangers or inconveniences to safety, health or convenience neighborhood, for public health or for agriculture are the scope of the law, excluding establishments of agriculture and state or local government enterprises …
• A simple declaration is instituted for establishments of third class. We will then witness a continuous swelling of the third class since manufacturers will seek to enter into
  the least restrictive system.

However, there were also positive provisions: (1) operating conditions are added to the authorization orders as well as additional prescriptions, (2) a temporary authorization regime is created, (3) the case of renewal of authorizations or declarations are extended, (4) authorizations can be suspended and establishments declared closed in the event of non-compliance with prescriptions, (5) the state hygiene councils are involved. A recent waste management decree came to detail on a few points regarding composition of files submitted by dumpster operators, system of provisional authorizations, etc.