For the purposes of this chapter, the following words, terms,
phrases, and their derivations have the meanings given herein. Terms
not defined in this section and defined elsewhere in this code shall
have the same meanings herein unless the context otherwise requires.
In the event of a conflict between a definition in this code and a
definition in 14 CCR Section 18982, the definitions in Section 18982
shall control for the purposes of this chapter. Additionally, for
the purposes of this chapter, the definitions in 14 CCR Section 18982
shall control for terms used in this chapter and not defined in this
code. When consistent with the context, words used in the present
tense include the future tense, and words in the singular number include
the plural number. Unless otherwise specified herein, references to
a statute or regulation means the statute or regulation, as amended,
supplemented, superseded and replaced from time to time.
has the same meaning as in 14 CCR Section 18982(a)(5) and
shall be used only for the purpose of storage and collection of source
separated recyclable materials and source separated blue container
organic waste. Notwithstanding the foregoing, functional containers
purchased prior to January 1, 2022 that are used for the storage and
collection of source separated recyclable materials or source separated
blue container organic waste and that do not comply with the color
requirements of 14 CCR Section 18982(a)(5) shall be deemed to be blue
containers and are not required to be replaced until the end of the
useful life of those containers or January 1, 2036, whichever is earlier.
means the California Department of Resources Recycling and
Recovery, which is the department designated with responsibility for
developing, implementing, and enforcing SB 1383 regulations on the
city (and others).
means the State of California Code of Regulations. CCR references
in this chapter are preceded with a number that refers to the relevant
title of the CCR (e.g., "14 CCR" refers to Title 14 of the CCR).
means the city of Temecula.
means the city manager of the city or his or her designee.
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, strip
mall, industrial facility, or a multifamily residential dwelling;
or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily
residential dwelling that consists of fewer than five units is not
a commercial business for purposes of implementing this chapter.
means a review of records by the city to determine compliance
with this chapter.
means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and compost on site
at any one time does not exceed one hundred cubic yards and seven
hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4);
or as otherwise defined in 14 CCR Section 18982(a)(8).
has the same meaning as in 14 CCR Section 17896.2(a)(4).
means plastic materials that meet the ASTM D6400 standard
for compostability; or, as otherwise described in 14 CCR Section 18984.1(a)(1)(A)
or 18984.2(a)(1)(C).
means a container, regardless of color, that contains prohibited
container contaminants; or, as otherwise defined in 14 CCR Section
18982(a)(55).
means the county of Riverside.
means construction and demolition debris.
means 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.
means food intended for human consumption; or, as otherwise
defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter
or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food"
is not solid waste if it is recovered and not discarded. Nothing in
this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes
the recovery of edible food that does not meet the food safety requirements
of the California Retail Food Code.
means an action of the city to address non-compliance with
this chapter, including, but not limited to, issuing administrative
citations, fines, penalties, or using other remedies.
means the city manager, director of public works or the city
manager's authorized designees who are partially or wholly responsible
for enforcing this chapter.
means 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 enforcement official or its designee's, reasonable 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 minimus volumes or concentrations
of waste of a type and amount normally found in single-family or multifamily
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 State Public Resources
Code.
means 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 State Health
and Safety Code.
means 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).
means 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 State Health
and Safety Code;
A nonprofit charitable organization as defined in Section 113841
of the State Health and Safety Code; and
A nonprofit charitable temporary food facility as defined in
Section 113842 of the State Health and Safety Code; or as otherwise
defined in 14 CCR Section 18982(a)(25).
means 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).
means 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.
means 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).
means 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.
means food scraps, food-soiled paper, and compostable plastics.
means a person or entity that is responsible for the initial
creation of solid waste, and with respect to organic waste, means
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).
has the same meaning as in 14 CCR Section 18982(a)(28) and
shall be used only for the purpose of storage and collection of gray
container waste. Notwithstanding the foregoing, functional containers
purchased prior to January 1, 2022 that are used for the storage and
collection of gray container waste and that do not comply with the
color requirements of 14 CCR Section 18982(a)(28) are not required
to be replaced until the end of the useful life of those containers
or January 1, 2036, whichever is earlier.
means solid waste that is collected in a gray container that
is part of the city's three-container organic waste collection service
that prohibits the placement of organic waste in the gray container
as specified in 14 CCR Sections 18984.1(a) and (b); or as otherwise
defined in 14 CCR Section 17402(a)(6.5). Notwithstanding the preceding
sentence, gray container waste includes carpets and textiles.
has the same meaning as in 14 CCR Section 18982(a)(29) and
shall be used only for the purpose of storage and collection of source
separated green container organic waste. Notwithstanding the foregoing,
functional containers purchased prior to January 1, 2022 that are
used for the storage and collection of source separated green container
organic waste and that do not comply with the color requirements of
14 CCR Section 18982(a)(29) are not required to be replaced until
the end of the useful life of those containers or January 1, 2036,
whichever is earlier.
means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and
poultry; and any area that is not separately owned within the store
where the food is prepared and served, including a bakery, deli, and
meat and seafood departments; or as otherwise defined in 14 CCR Section
18982(a)(30).
means 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).
means 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 fifty
percent between January 1, 2022 and December 31, 2024, and seventy-five
percent 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).
means a site visit where the city or its designee 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).
means 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 two thousand
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; or, as otherwise defined in 14
CCR Section 18982(a)(38).
unless otherwise defined in 14 CCR Section 18982(a)(39),
means a permanent venue facility that annually seats or serves an
average of more than two thousand 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.
means a school district, charter school, or county office
of education that is not subject to the control of the city's regulations
related to solid waste; or as otherwise defined in 14 CCR Section
18982(a)(40).
means of, from, or pertaining to residential premises with
five or more dwelling units. Multifamily premises do not include hotels,
motels, or other transient occupancy facilities, which are considered
commercial businesses.
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).
means the following entities that are not subject to the
city's enforcement authority; or as otherwise defined in 14 CCR Section
18982(a)(42):
Special district(s) located within the jurisdictional boundaries
of the city;
Federal facilities, including military installations, located
within the jurisdictional boundaries of the city;
Prison(s) located within the jurisdictional boundaries of the
city;
Facilities operated by the state park system located within
the jurisdictional boundaries of the city;
Public universities (including community colleges) located within
the jurisdictional boundaries of the city;
County fairgrounds located within the jurisdictional boundaries
of the city; and
State agencies located within the jurisdictional boundaries
of the city.
means 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).
means solid waste 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 Section 18982(a).
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).
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).
unless otherwise defined in 14 CCR Section 18982(a)(55),
means the following:
Discarded materials placed in the blue container that are not
identified as acceptable source separated recyclable materials for
the city's blue container;
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, including carpet, hazardous
wood waste and non-compostable paper;
Discarded materials placed in the gray container that are acceptable
source separated recyclable materials and/or source separated green
container organic waste to be placed in the city's green container
or blue container; and
Excluded waste placed in any container.
means paper products and printing and writing paper that
consists of at least thirty percent, by fiber weight, postconsumer
fiber; or as otherwise defined in 14 CCR Section 18982(a)(61).
means the use of the Internet of Things (IoT) and/or wireless
electronic devices to visualize the contents of blue containers, green
containers, and gray containers for purposes of identifying the quantity
of materials in containers (level of fill) and/or presence of prohibited
container contaminants.
means an establishment primarily engaged in the retail sale
of food and drinks for onpremises or immediate consumption; or as
otherwise defined in 14 CCR Section 18982(a)(64).
means 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).
means Senate Bill 1383 of 2016 approved by the Governor of
the State on September 19, 2016, which added Sections 39730.5, 39730.6,
39730.7, and 39730.8 to the State Health and Safety Code, and added
Chapter 13.1 (commencing with Section 42652) to Part 3 of Division
30 of the State Public Resources Code, establishing methane emissions
reduction targets in a statewide effort to reduce emissions of short-lived
climate pollutants.
means a person or entity, who, in compliance with all applicable
requirements of this chapter, hauls solid waste, organic waste or
recyclable materials he or she has generated to another person or
entity. Self-hauler also includes a person or entity 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).
means of, from, or pertaining to any residential premises
with fewer than five units.
unless otherwise defined in State Public Resources Code Section
40191, means all putrescible and nonputrescible solid, semi-solid,
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 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 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.
means 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 or other solid waste for the purposes of collection and processing
of those materials.
means 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. Source separated blue container
organic waste excludes source separated green organic waste, but includes
paper products, printing and writing paper, wood and dry lumber and
textiles unless otherwise specified by the city.
means 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.
means source separated non-organic recyclables and source
separated blue container organic waste.
means the state of California.
means a full-line, self-service retail store with gross annual
sales of two million dollars, 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).
means a commercial edible food generator that is one of the
following; or as otherwise defined in 14 CCR Section 18982(a)(73):
means a commercial edible food generator that is one of the
following; or as otherwise defined in 14 CCR Section 18982(a)(73):
Restaurant with two hundred fifty or more seats, or a total
facility size equal to or greater than five thousand square feet;
Hotel with an on-site food facility and two hundred or more
rooms;
Health facility with an on-site food facility and one hundred
or more beds;
Large venue;
Large event;
A state agency with a cafeteria with two hundred fifty or more
seats or total cafeteria facility size equal to or greater than five
thousand square feet; or
A local education agency facility with an on-site food facility.
means 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).
means 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. 90-27 § 2; Ord. 20-09 § 2; Ord.
21-05 § 1)
