Unless it is apparent from the context that another meaning is intended, the following words and terms shall have the meaning as set forth in this section.
"AB 341" ("Assembly Bill 341")means that state law adopted in 2011 that requires commercial businesses that meet specified waste generation thresholds to arrange for recycling services.
"AB 827"means the state law adopted in 2019 that requires businesses to provide customer's access to recycling containers. Full-service restaurants, as defined in this section, are exempt from AB 827.
"AB 939"means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section
40000 et seq.).
means that state law adopted in 2015 that requires commercial businesses that meet specified waste generation thresholds to arrange for organic waste recycling services.
"Anaerobic digestion"means in-vessel controlled system of digestion, such as, but not limited to, a treatment facility for the digestion of organics to produce methane and reduce the volume of organics sent to landfills.
"Back-haul"means transporting recyclable materials or organic waste to a destination owned and operated by the waste generator using a vehicle or trailer that was originally used to deliver products or finished good to the waste generator's location.
"Bin"means a metal container with hinged lids and wheels and a capacity from two to six cubic yards.
"Blue container"means a container used for storage and collection of source separated recyclables materials or source separated blue container organic waste. A blue container means a container where either: (1) the lid of the container is blue in color; or (2) the body of the container is blue in color and the lid is either blue, gray, or black in color. (See also definition of "source separated blue container organic waste.")
"CalRecycle"means California's Department of Resources Recycling and Recovery, which is authorized to implement and enforce state laws related to waste and recycling.
"Cart"means a plastic container with a hinged lid and wheels serviced by an automated or semiautomated truck with a capacity of no less than thirty-two gallons and no greater than one hundred one gallons.
"City"means the city of La Habra and all the territory within its city limits.
"C&D"means construction and demolition debris.
"Collect" or "collection"means the act of taking physical possession of discarded materials at residential or commercial premises within the city, and transporting it to a facility for reuse, salvage, recycling, processing, composting, transfer, disposal, or transformation.
"Commercial business" or "commercial"means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, located in a strip mall, industrial facility, or a multifamily residential premises with five or more dwelling units. A multifamily residential premises that consists of fewer than five units is not a commercial business for purposes of this chapter.
"Commercial edible food generator"includes a tier one or a tier two commercial edible food generator as defined in this section. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.
"Compliance review"means a review of records of a commercial business by the city or its designee to determine compliance with this chapter and/or state law.
"Community composting"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.
"Compost"means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or that are separated at a centralized facility.
"Compostable plastics"means plastic material that meets the American Society for Testing and Materials (ASTM) D6400 standard for compostability (Sections 5.1 through 6.4.2 published May 2019).
"Container"means any and all types of solid waste receptacles, including carts, bins, and rolloff boxes.
"Customer"means the person receiving solid waste handling services from the franchisee pursuant to the terms of the franchise agreement.
"Construction and demolition debris" ("C&D debris")means any solid waste generated at a premises that is directly related to construction or demolition activities. These activities include, but are not limited to, construction, demolition, remodeling, grading, land clearing, or renovation on any residential, commercial, institutional or industrial building, road, driveway, walkway or other structure. C&D debris includes, but is not limited to, concrete, asphalt paving, asphalt roofing, lumber, gypsum board, rock, soil and metal.
"Designee"means a person (or persons) that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this chapter. Designee may be one or more city employees, government entities, haulers, a private entity, or a combination of these persons.
"Disposal"means the management of solid waste through landfill disposal or transformation at a permitted solid waste facility.
"Edible food"means food intended for human consumption. Edible food is not considered discarded materials if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code. Notwithstanding the foregoing, this term shall be defined as in 14 CCR section
18982.
means an action of the city to address noncompliance with this chapter, including, but not limited to, issuing administrative citations, fines, penalties, or using other civil, criminal and administrative remedies allowed by law.
"Excluded waste"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 Ill landfills or accepted at the facility by permit conditions, waste that in city's, 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 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 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 California Public Resources Code. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, electronic waste, and/or latex paint when such materials are defined as allowable materials for collection through the city's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by city or its designee for collection services.
means any plant or site used for the purposes of handling discarded materials, including, but not limited to, disposal sites, material recovery facilities, and transfer, recycling, composting, and processing facilities.
Food distributor"means a company that distributes food to entities, including, but not limited to, supermarkets and grocery stores.
"Food facility"means a permanent or temporary operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Food facility has the same meaning as in Section
113789 of the Health and Safety Code. A food facility includes an operation where food is consumed on or off the premises, regardless of whether there is a charge for the food. A food facility includes a place used in conjunction with the operations described in this section, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. A food facility includes, but is not limited to, school cafeterias, licensed health care facilities, commissaries, mobile food facilities, vending machines, farmers' markets, farm stands, microenterprise home kitchen operations, and catering operations. Food facility does not include any of the following:
1. A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
A private home when used for private, noncommercial purposes or when used as a cottage food operation.
A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any ninety day period.
A for-profit entity that gives or sells food at an event that occurs not more than three days in a ninety-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
A premises set aside for wine tasting, or beer manufacturing, regardless of whether there is a charge for the wine or beer tasting.
An outlet or location, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted at an outlet or location controlled by the producer.
A commercial food processing establishment.
A child day care facility.
A community care facility.
A residential care facility for the elderly.
A residential care facility for the chronically ill.
An intermediate care facility for the developmentally disabled.
A community food producer.
A limited-service charitable feeding operation.
"Food recovery"means actions to collect and distribute edible food for human consumption which otherwise would be discarded.
"Food recovery organization"means an entity that engages in the collection or receipt of edible food from commercial edible food generators that distributes the edible food to the public for food recovery either directly or through other entities, including, but not limited to:
1. 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;
A nonprofit charitable temporary food facility as defined in Section
113842 of the Health and Safety Code;
Notwithstanding the foregoing, this term shall be defined as in 14 CCR Section
18982.
"Food recovery service"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. A food recovery service is not a commercial edible food generator for the purposes of this chapter.
"Food scraps"means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, fats, oils, grease, and eggshells.
"Food service provider"means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations or others based on contractual arrangements with these types of organizations.
"Food-soiled paper"is 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 waste"means all food, such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells; food-soiled paper (including paper that has come in contact with food or liquid, such as, but not limited to, paper plates, paper towels, paper coffee cups, napkins, pizza boxes, and milk cartons); tea bags; coffee grounds; and paper coffee filters. Food waste excludes fats, oils, and grease when such materials are source separated from other food waste. No discarded materials shall be considered food waste unless such materials are separated from other organic waste (except that food waste does not need to be separated from and may be combined with other organic materials for collection if franchisee's collection program allows for combining of the organic materials), recyclable materials, and solid waste.
"Franchise agreement"means the agreement between the franchisee and the city to provide solid waste handling service in the city.
"Franchisee"means the company (or companies) that are permitted waste hauler(s) that provide recurring trash and recycling services pursuant to a formal franchise agreement with the city.
"Full-service restaurant"means an establishment with the primary business purpose of serving food, where food may be consumed on the premises, and where all of the following actions are taken by an employee of the establishment: (1) The consumer is escorted or assigned to an assigned eating area. The employee may choose the assigned eating area or may seat the consumer according to the consumer's need for accommodation or other request; (2) The consumer's food and beverage orders are taken after the consumer has been seated at the assigned seating area; (3) The food and beverage orders are delivered directly to the consumer; (4) Any requested items associated with the consumer's food or beverage order are brought to the consumer; (5) The check is delivered directly to the consumer at the assigned eating area; and (6) The consumer does not deliver the consumer's waste and used dishes etc. to another location or otherwise clean the consumer's own table. Full-service restaurants are exempt from the container placement requirements of AB 827.
"Gray container"means a container used to store and collect refuse, mixed waste, gray container waste. A gray container means a container where either: (1) the lid of the container is gray or black in color; or (2) the body of the container is gray or black in color and the lid is gray or black in color.
"Gray container waste"means refuse or mixed waste that is collected in a gray container that is part of collection service that prohibits the placement of recyclable materials or organic waste in the gray container.
"Green container"means a container used to store and collect source separated green container organic waste. A green container means a container where either: (1) the lid of the container is green in color; or (2) the body of the container is green in color and the lid is either green, gray, or black in color. (See also definition of "source separated blue container organic waste.")
"Green container waste"means green waste, organic waste, food scraps, food-soiled paper, and compostable plastics that is collected in green container that is part of a service that prohibits the placement of refuse, mixed waste, non-organic recyclables in the green container.
"Green waste"means shrubbery, tree trimmings, yard waste, grass, weeds, straw or leaves, wood chips and other household garden organic materials.
"Grocery store"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.
"Hauler"means a person, firm, sole-proprietorship, partnership, corporation that collects and transports solid waste in accordance with all applicable laws.
"Hauler route"means the designated itinerary or sequence of stops for each segment of the city's collection service area.
"Hazardous waste"means any substance defined as acutely hazardous waste, extremely hazardous waste, or hazardous waste in California Health and Safety Code Sections
25110.02,
25115 and
25117; any waste which meets the definitions set forth in 22 CCR Section
66261.3, et seq., and is required to be managed; any substance listed as hazardous waste in 42 USC Section
6901 et seq.; and any substance identified or listed now or in the future as hazardous waste by any state or federal agency.
means 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.
"Large event"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. 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.
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. 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.
means a permitted solid waste facility where solid wastes or recyclable materials are sorted or separated for the purposes of recycling, processing or composting.
"Medical waste"has the same meaning as the term "medical waste" as provided in State Health and Safety Code Sections
117690,
117695, and
117700 and also includes "biohazardous waste" as defined by State Health and Safety Code Section
117635. Medical waste also includes any waste that federal law or any other state law defines as medical waste.
means medical waste that has been treated pursuant to the California Medical Waste Management Act, State Health and Safety Code Sections
118215 et seq. Medical waste that has not been treated pursuant to these requirements shall be referred to as untreated medical waste.
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.
"Non-compostable paper"includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process.
"Non-local entity"means entities that are not subject to the city's enforcement authority, including special districts, state prisons, school districts, state universities and colleges, state hospitals, state community colleges, and other state properties and facilities.
"Non-organic recyclables"means non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass.
"Notice of violation (NOV)"means a notice that a violation of this chapter has occurred that includes a compliance date to avoid an action to seek penalties.
"Organic materials"means green materials, wood waste, and/or food waste, whether individually or in combination, set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of processing. Organic materials are a subset of organic waste.
"Organic waste"means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to food, green materials, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing papers, manure, biosolids, digestate, and sludges. Notwithstanding the foregoing, this term shall be defined as in 14 CCR Sections
18982.
includes, but is not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling.
"Person"includes firms, corporations, associations, partnerships, societies, church organizations and individuals.
"Premises"means any land, or building in the city where solid waste is generated or accumulated.
"Printing and writing papers"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.
"Prohibited container contaminants"means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container; (2) 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; (3) 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 (4) excluded waste placed in any container.
"Process, processed, or processing"means the controlled separation, recovery, volume reduction, conversion, or recycling of solid waste and/or other discarded materials, including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment.
"Putrescible waste"includes wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and includes materials such as, but not limited to, food waste, offal, and dead animals. Notwithstanding the foregoing, this term shall be defined as in 14 CCR Section
18982.
means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility.
"Recovery" or "recovered"means any activity or process that prevents recyclable materials or organic waste from being landfilled, including, but not limited to, recycling, composting, anaerobic digestion, biomass conversion, soil amendment, land application, and lawful use of animal feed.
"Recycled-content paper"means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber.
"Refuse"means any mixture of putrescible and non-putrescible solid and semi-solid wastes, including garbage, trash, residential solid waste, commercial solid waste, vegetable, or animal solid and semi-solid wastes, and other solid waste destined for disposal sites.
"Regulated entity"means a single-family, multifamily, or commercial owner, occupant, generator, or operator, self-hauler, contractor, tier one commercial edible food generator, tier two commercial edible food generator, food recovery organization, food recovery service, and other persons or entity that is subject to provisions in this chapter.
"Remote monitoring"means the use of the Internet of Things (IoT) and/or wireless electronic devices to visualize the contents of recyclable materials containers, organic materials containers, and solid waste containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
"Renewable gas"means gas derived from organic waste that has been diverted from a California landfill and processed at an anerobic ingestion facility that is permitted or otherwise authorized by
14 CCR to recycle organic waste.
means premises upon which dwelling units exist, including, without limitation, single-family and multifamily premises, apartments, boarding or rooming houses, condominiums, mobile homes, efficiency apartments, and second units. Premises upon which the following uses are occurring shall not be deemed to be residential premises, and rather shall be deemed to be commercial premises: assisted living facilities, convalescent homes, dormitories, extended stay motels, group residential facilities, group care facilities, hostels, hotels, motels, and any other businesses which residency is transient in nature.
"Residential unit"means a building or portion of a building used for dwelling purposes by an individual family or group of persons.
"Residential"means of, from, or pertaining to single-family and multifamily premises used for human shelter, irrespective of whether such dwelling units are rental units or are owner-occupied, excluding hotels, motels, or other similar premises.
"Restaurant"means an establishment primarily engaged in the retail sale of food and drinks for onpremises or immediate consumption.
"Roll-off box"means an open-top metal container or closed compactor box serviced by a roll-off truck and with a container capacity of ten to fifty cubic yards. Roll-off boxes are also known as drop boxes or debris boxes.
"Route review"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.
"SB 1383"means 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.
means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created
14 CCR, Division 7, Chapter 12 and amended portions of regulations of
14 CCR and
27 CCR.
means 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.
"Single-family"means of, from, or pertaining to any residential premises with fewer than five units.
"Single-family organic waste generator"means a person or entity that is responsible for the initial creation of organic waste, or that is generated from any residential premises with fewer than five units.
"Solid waste"means all putrescible and non-putrescible 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:
1. 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.
"Solid waste handling service"means the service to provide integrated solid waste management including collection, transfer, transport, recycling, processing, diversion and disposal.
"Source separated"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 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products.
"Source separated green container organic waste"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.
"State"means the State of California.
"Supermarket"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.
"Tier two commercial edible food generator"means a commercial edible food generator that is one of the following:
1. 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.
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.
A school, college, university, or other educational facility with an on-site food facility.
"Vendor"means any individual, company or entity that receives compensation for providing services, materials, and/or products to the city.
"Waste generator"means any person whose act or process produces solid waste as or whose act first causes solid waste to become subject to regulation.
"Wholesale food vendor"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.
(Ord. 1838 § 1, 2021)