For the purposes of this chapter, the following words and phrases, when capitalized, shall have the meanings set forth in this section 12-1 of this chapter. Words and phrases not defined in this section 12-1 are to be interpreted as they may be defined under: (1) California Public Resources Code sections 40105 through 40201; (2) the regulations of the California Integrated Waste Management Board; (3) the Federal Resource Conservation and Recovery Act (RCRA), 42 U.S.C. section 6901 et seq. and its implementing regulations; and/or (4) state organics laws.
has the same meaning as in 14 CCR section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source-separated recyclable materials or source-separated blue container organic waste.
means an item too large to fit in the container on the premises, including, but not limited to, large household appliances, furniture, carpets, mattresses, televisions or other large electronic equipment, tires, or green waste larger than four inches in diameter or four feet in length, such as tree stumps, trunks or branches.
shall mean the City of Cypress within its jurisdictional boundaries.
means nonresidential and includes a multifamily dwelling with five or more units.
means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, owning, managing, or operating a commercial facility.
includes a tier one or a tier two commercial edible food generator. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.
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 100 cubic yards and 750 square feet, as specified in 14 CCR section 17855(a)(4); or as otherwise defined by 14 CCR section 18982(a)(8).
means a review of records by the city to determine compliance with this chapter.
means the product resulting from the controlled biological decomposition of organic solid wastes that are source-separated from the municipal solid waste stream, or which are separated at a centralized facility; or as otherwise defined in 14 CCR section 17896.2(a)(4).
means the building or enlargement of any structure, or any portion thereof, and includes without limitation alterations or improvements to an existing structure.
means solid waste material resulting from building, construction, alteration, repair or demolition, including brick, stone, cement, lumber, plaster, and drywall; packaging; rubble resulting from construction, remodeling, repair and demolition operations on pavements, residential and commercial buildings and other structures.
means a bin or can approved and provided by a city-approved waste collector for accumulation and collection of solid waste or source-separated recyclable materials.
means a container, regardless of color, that contains prohibited container contaminants; or as otherwise defined in 14 CCR section 18982(a)(55).
means any proposal for a new or changed use, or for construction or demolition of any structure, residential or nonresidential, that requires a building or demolition permit from the city and is subject to the requirements of the California Green Building Standards Code (CalGreen).
means to carefully and systematically dismantle a structure in order to salvage materials for diversion.
means the razing, tearing down or wrecking of any structure, wall, fence or paving, whether in whole or in part, whether interior or exterior.
means the director of public works or his or her designee.
means activities which reduce or eliminate the amount of solid waste deposited onto the land, into the atmosphere, or into the water.
means the diversion of a minimum percentage of the total construction and demolition debris generated by a project as specified in section 4.408 et seq. and section 5.408 et seq. of the California Green Building Standards Code, as may be amended.
means to undertake diversion.
means food intended for human consumption, or as otherwise defined in 14 CCR section 18982(a)(18). For the purposes of this chapter, edible food is not solid waste 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.
means a 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 reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city 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 Public Resources Code sections 41500 and 41802.
means a company that distributes food to entities, including, but not limited to, supermarkets and grocery stores.
has the same meaning as in section 113789 of the Health and Safety Code.
means actions to collect and distribute food for human consumption which otherwise would be disposed.
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 including, but not limited to:
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.
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.
means and includes any owner, resident, tenant, property manager, or occupant of, or other person or entity responsible for, any premises where solid waste is produced, or any organizer of a temporary event where solid waste is produced.
has the same meaning as in 14 CCR section 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste or mixed waste, depending on the type of the collection system.
means solid waste that is collected in a gray container that is part of a 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).
has the same meaning as in 14 CCR section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.
shall mean leaves, grass clippings, brush, branches and other forms of organic waste generated from landscape and garden maintenance.
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.
shall mean any waste material or mixture defined as a "hazardous waste" pursuant to California law under Public Resources Code section 40141 or under Federal law under 42 U.S.C. section 6903 (RCRA), or defined as a "hazardous substance" under 42 U.S.C. section 9601 (CER-CLA), or as a "hazardous material" under California Health and Safety Code section 25260, as such statutes may be amended from time to time.
has the same meaning as in section 1250 of the Health and Safety Code.
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 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). If the facility has an annual average mixed waste organic content recovery rate that is lower than required in 14 CCR section 18982(a)(33) for two consecutive quarterly reporting periods or three quarterly reporting periods within three years, the facility shall not qualify as a high diversion organic waste processing facility.
has the same meaning as in section 17210 of the Business and Professions Code.
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 set forth in this chapter.
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 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.
means 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 the purposes of this chapter, 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 the purposes of this chapter, 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 city or county regulations related to solid waste.
means an application packet approved by the director for the purpose of reviewing compliance of a project with Article VI of this chapter.
means organic waste collected in a container that is required by 14 CCR sections 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR section 17402(a)(11.5).
includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR section 18982(a)(41).
means nonputrescible and nonhazardous 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 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 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).
means driveways, walkways, parking areas, streets and sidewalks.
includes, but is 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).
means the following:
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.
means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning 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.
means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
refers to a single-family dwelling or a multi-family dwelling with four or fewer units.
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.
means the hauling activity of a self-hauler.
means a person or business that hauls solid waste, organic waste or source separated recyclable materials he, she, or it has generated to another person. Self-hauler also includes a person or business that back-hauls waste, or as otherwise defined in 14 CCR section 18982(a)(66). Back-haul means generating and transporting organic waste or source-separated recyclable materials 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).
has the same meaning as in Section 114079 of the Health and Safety Code.
means all "solid waste" as defined under California Public Resources Code section 40191, which defines solid waste as 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.
Radioactive waste regulated pursuant to the California Radiation Control Law (Chapter 8 (commencing with section 114960) of Part 9 of Division 104 of the Health and Safety Code).
Medical waste regulated pursuant to the California Medical Waste Management Act (Part 14 (commencing with section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in 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 Public Resources Code.
means either the agents and employees of the city authorized to collect solid waste, or an independent person or business entity granted a franchise by the city to collect, transport and/or dispose of solid waste from premises within the city pursuant to this chapter. The term "solid waste collector" does not include self-haulers or third-party haulers.
means to separate and keep separated materials, including commingled recyclable materials, from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing of 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 purposes of this chapter, source-separate 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 materials are those that have been source-separated.
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 as defined in section 18982(a)(43), or as otherwise defined by section 17402(a)(18.7).
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 Senate Bill 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, and the regulations adopted pursuant thereto located in Chapter 12 of Title 14 of the California Code of Regulations (commencing with section 18981.1), including any amendments thereto.
means anything constructed or erected that requires a location in the ground, including a building or swimming pool, but not including a fence or wall used as a fence, or driveways, or walkways.
means 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.
means both: (1) persons or businesses that buy or accept the donation of source-separated recyclable materials from generators at no cost to the generator; and (2) solid waste haulers providing hauling services that are not exclusively reserved to the solid waste collector(s) under the city's solid waste franchise agreement(s).
means a commercial edible food generator that is one of the following:
means 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 a total cafeteria facility size equal to or greater than 5,000 square feet;
A local education agency with an on-site food facility.
shall mean any cart, bin, can, dumpster or other container utilized in the unlawful collection or transport of waste by a waste collector without a franchise, contract, permit, or other written authorization from the city as required by this chapter.
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. No. 1190, § 6, 9-27-21)