The following terms as used in this chapter shall, unless the context already indicates otherwise, have the respective meanings set forth herein. Terms not defined herein related to solid waste, recycling and/or recovery shall have the meaning ascribed to them in Chapter 2 of Part 1 of Division 30 of the Public Resources Code and Division 7 of Title 14 of the California Code of Regulations, as amended. Terms not otherwise defined herein or in the aforementioned state codes and regulations shall have the meanings set forth elsewhere in this Code.
California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on jurisdictions (and others).
The operation of gathering together and transporting solid waste to the point of disposal.
A tier one or two commercial edible food generator that generates food for commercial consumption, including, but not limited to, restaurants, grocery stores, hotels or as otherwise defined in 14 CCR sections 18982(a)(7), 18982(a)(73) and 18982(a)(74).
Includes all types of solid waste generated by a store, office, or other commercial or public entity source, including a business or a multi-family dwelling of five units or more.
A review of records by the city to determine compliance with this chapter.
The act of hauling solid waste, subject to this chapter, by construction and demolition contractors as an ancillary function to their primary business activity.
County of Orange.
Construction and demolition debris.
Includes an entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this chapter as authorized in 14 CCR section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
The director of the public services department of the city or his or her designee.
The procedures associated with the treating and disposing of the accumulations of refuse and of the product or residue arising from such treatment.
An action of the city to address noncompliance with this chapter, including, but not limited to, issuing administrative citations, fines, penalties, or other remedies allowed by law.
The director, city manager, and/or their designees, and/or a non-local entity official, who is/are responsible in whole or in part for enforcing this chapter.
Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in class III landfills or accepted at the facility by permit conditions, waste that in the city's, or its designee's opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the Costa Mesa Sanitary District's (CMSD) residential collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by CMSD or its designee for collection services.
A company that distributes food to entities, including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR section 18982(a)(22).
Has the same meaning as in section 113789 of the Health and Safety Code.
Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR section 18982(a)(24).
An entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR section 18982(a)(25), including, but not limited to:
A food bank as defined in section 113783 of the Health and Safety Code;
A nonprofit charitable organization as defined in section 113841 of the Health and Safety Code; and
A nonprofit charitable temporary food facility as defined in section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR section 18982(a)(7). |
If the definition in 14 CCR section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR section 18982(a)(25) shall apply to this chapter. |
A person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR section 18982(a)(7).
All food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.
An entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR section 18982(a)(27).
Compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
Food scraps and food-soiled paper.
A business that receives compensation for the hauling of solid waste subject to this chapter.
A formal agreement with the city specifying various requirements for recurring trash and recycling services.
A waste hauler that provides recurring trash and recycling services pursuant to a formal franchise agreement.
The designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR section 18982(a)(31.5).
In addition to the definitions in Division 7 of Title 14 of the California Code of Regulations: (1) all waste defined or characterized as hazardous waste by the Federal Solid Waste Disposal Act (42 U.S.C. section 3251 et seq.), as amended, including the Resource Conservation and Recovery Act of 1976 (42 U.S.C. section 6901 et seq.), and all future amendments thereto, or regulations promulgated thereunder; and (2) all waste defined in California Public Resources Code section 40141 or characterized as hazardous waste by the principal agencies of the State of California (including, without limitation, the Department of Health Services and the California Waste Management Board) having jurisdiction over hazardous waste generated by facilities within such state; provided that the term hazardous waste:
Is intended to mean and include those substances which are not normally expected to be disposed of by generally accepted sanitary landfill disposal methods;
Shall include radioactive wastes; and
Shall be construed to have the broader, more encompassing definition where there exists a conflict in the definitions employed by two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste.
A facility that is in compliance with the reporting requirements of 14 CCR section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022 and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to 14 CCR section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR section 17402(a)(11.5); or as otherwise defined in 14 CCR section 18982(a)(33).
The act of performing for-hire hauling of any solid waste material subject to this article without obtaining a city-issued permit.
Any business establishment engaged in manufacturing, warehousing, construction, and/or demolition.
A site visit where the city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR section 18982(a)(35).
An event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR section 18982(a)(38) differs from this definition, the definition in 14 CCR section 18982(a)(38) shall apply to this chapter.
A permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR section 18982(a)(39) differs from this definition, the definition in 14 CCR section 18982(a)(39) shall apply to this chapter.
A school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR section 18982(a)(40).
Includes, but is not limited to, paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 CCR section 18982(a)(41).
The following entities that are not subject to the city's enforcement authority, or as otherwise defined in 14 CCR section 18982(a)(42). These entities include, but are not limited to:
Special district(s) located within the boundaries of the city.
Federal facilities, including military installations, located within the boundaries of the city.
Public colleges and universities (including community colleges) located within the boundaries of the city.
The Orange County Fairgrounds.
State agencies located within the boundaries of the city.
Non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR section 18982(a)(43).
A notice that a violation of this chapter has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR section 18982(a)(45) or further explained in 14 CCR section 18995.4.
Solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR sections 18982(a)(4) and 18892(a)(16.5).
A person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR section 18982(a)(48).
Include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR section 18982(a)(51).
A permit issued by the city that authorizes any person, contractor, or solid waste enterprise to collect, haul or dispose of any form of solid waste, hazardous waste or infectious waste for compensation pursuant to this chapter.
Any person, contractor, or solid waste enterprise who collects, hauls or disposes of any form of solid waste, hazardous waste or infectious waste for compensation pursuant to a permit issued under this chapter.
Include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR section 18982(a)(54).
Where a three container or three plus-container collection service is utilized (blue container, green container, and gray containers), prohibited container contaminants means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container; (iii) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in city's green container and/or blue container; and (iv) excluded waste placed in any container.
Where a two container (green/gray) collection service for source separated green container organic waste and mixed materials is utilized, prohibited container contaminants means the following: (i) discarded materials placed in a green container that are not identified as acceptable source separated green container organic waste for the city's green container; (ii) discarded materials placed in the gray container that are identified as acceptable source separated green container organic waste, which are to be separately collected in city's green container; and (iii) excluded waste placed in any container.
Where a two container (blue/gray) collection service for source separated recyclable materials and mixed materials is utilized, prohibited container contaminants means the following: (i) discarded materials placed in a blue container that are not identified as acceptable source separated recyclable materials for city's blue container; (ii) discarded materials placed in the gray container that are identified as acceptable source separated recyclable materials, which are to be separately collected in city's blue container; and (iii) excluded waste placed in any container.
Any public street, alley, road, public place or highway open to and used by the traveling public and not used as a private right-of-way.
Products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR section 18982(a)(60).
Any activity or process described in 14 CCR section 18983.1(b), or as otherwise defined in 14 CCR section 18982(a)(49).
Paper products and printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR section 18982(a)(61).
A franchisee, permittee or any other person or entity subject to the provisions of this chapter.
Gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR section 18982(a)(62).
A person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR section 18982(a)(48) that is generated from any residential premises with fewer than five units.
All single-family dwelling units and multi-family properties consisting of four dwelling units or less.
Of, from, or pertaining to solid waste generated by any residential premises with fewer than five units.
An establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR section 18982(a)(64).
A visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR section 18982(a)(65).
Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
A person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR section 18982(a)(66)(A).
Of, from, or pertaining to any residential premises with fewer than five units.
Has the same meaning as defined in State Public Resources Code section 40191, which defines solid waste as all putrescible and non-putrescible 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 semi-solid wastes, and other discarded solid and semi-solid wastes, with the exception that solid waste does not include any of the following wastes:
Hazardous waste, as defined in the State Public Resources Code section 40141.
Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
A solid waste enterprise as defined in California Public Resources Code section 49504.
A solid waste handling service as defined in California Public Resources Code section 49505.
Materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return 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, or as otherwise defined in 14 CCR section 17402.5(b)(4). For the purposes of this chapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste/mixed waste or other solid waste for the purposes of collection and processing.
Source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in section 18982(a)(43), or as otherwise defined by section 17402(a)(18.7).
Source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.
Source separated non-organic recyclables and source separated blue container organic waste.
The State of California.
A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR section 18982(a)(71).
A commercial edible food generator that is one of the following:
Supermarket.
Grocery store with a total facility size equal to or greater than 10,000 square feet.
Food service provider.
Food distributor.
Wholesale food vendor.
If the definition in 14 CCR section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR section 18982(a)(73) shall apply to this chapter. |
A commercial edible food generator that is one of the following:
Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
Hotel with an on-site food facility and 200 or more rooms.
Health facility with an on-site food facility and 100 or more beds.
Large venue.
Large event.
A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
A local education agency facility with an on-site food facility.
If the definition in 14 CCR section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR section 18982(a)(74) shall apply to this chapter. |
A collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR section 189852(a)(75).
A business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR section 189852(a)(76).
(Ord. No. 92-31, § 2, 1-18-93; Ord. No. 93-7, §§ 1, 2, 2-16-93; Ord. No. 04-12, § 1(B), 11-15-04; Ord. No. 15-16, § 1, 1-5-16; Ord. No. 18-01, § 1, 1-2-18; Ord. No. 21-16, § 1, 10-20-21)