Whenever the following defined words and phrases are used in
this chapter, they shall have the definition or meaning established
by this section, unless it is clearly apparent from the context in
which the word or phrase appears that a different definition or meaning
is intended.
means pet waste, manure, fertilizer, or any form of solid
excrement produced by any and all forms of domestic or commercial
livestock.
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.
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 jurisdictions
(and others).
means post-consumer waste paper grade corrugated cardboard
(#11), kraft (brown) paper bags or solid fiber boxes.
means the City of Escondido.
means the city manager of the City of Escondido.
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.
includes a tier one or a tier two commercial edible food
generator as defined in this chapter or as otherwise defined in 14
CCR sections 18982(a)(73) and (a)(74). For the purposes of this definition,
food recovery organizations and food recovery services are not commercial
edible food generators pursuant to 14 CCR section 18982(a)(7).
means solid waste originating from stores, offices, and other
commercial sources, but does not include construction and demolition
waste.
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 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).
has the same meaning as in 14 CCR section 17896.2(a)(4),
which stated, as of the effective date of this chapter, that 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 which are separated at a centralized facility.
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 and includes sweepings, rocks, stones, bricks, plaster,
or other building materials whether combustible or noncombustible,
resulting from construction, remodeling, repair, or demolition of
old buildings or resulting from new construction of any other structure
and pavement.
means the city council of the City of Escondido.
means the collection of recyclables or refuse from the curb
or alleyway.
as defined in 14 CCR section 18982(14.5), means a solid waste
facility that accepts a source separated organic waste collection
stream as defined in 14 CCR section 17402(a)(26.6) and complies with
one of the following:
The facility is a "transfer/processor," as defined in 14 CCR
section 18815.2(a)(62), that is in compliance with the reporting requirements
of 14 CCR section 18815.5(d), and meets or exceeds an annual average
source separated organic content recovery rate of 50% between January
1, 2022 and December 31, 2024 and 75% on and after January 1, 2025
as calculated pursuant to 14 CCR section 18815.5(f) for organic waste
received from the source separated organic waste collection stream.
If a transfer/processor has an annual average source separated
organic content recovery rate lower than the rate required in paragraph
(1) of this definition for two consecutive reporting periods, or three
reporting periods within three years, the facility shall not qualify
as a "designated source separated organic waste facility."
The facility is a "composting operation" or "composting facility"
as defined in 14 CCR section 18815.2(a)(13), that pursuant to the
reports submitted under 14 CCR section 18815.7 demonstrates that the
percent of the material removed for landfill disposal that is organic
waste is less than the percent specified in 14 CCR section 17409.5.8(c)(2)
or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies
with the digestate handling requirements specified in 14 CCR section
17896.5.
If the percent of the material removed for landfill disposal
that is organic waste is more than the percent specified in 14 CCR
section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two consecutive reporting
periods, or three reporting periods within three years, the facility
shall not qualify as a "designated source separated organic waste
facility." For the purposes of this ordinance, the reporting periods
shall be consistent with those defined in 14 CCR section 18815.2(a)(49).
means an entity that the city contracts with or otherwise
arranges to carry out any of the city's responsibilities of this ordinance
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 any refuse collector or recycling agent authorized
by the city council of the City of Escondido, pursuant to the procedures
established by this chapter.
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 remedies.
means the city manager or other executive in charge or their
authorized designee(s) who is/are partially or entirely responsible
for enforcing this chapter.
means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, 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,
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, and/or latex paint when such materials are defined
as allowable materials for collection through the city's or its designee's
collection programs and the generator or customer has properly placed
the materials for collection pursuant to instructions provided by
jurisdiction or its designee for collection services.
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 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 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.
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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.
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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).
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.
means food scraps and food-soiled paper.
means food and beverage glass containers including container
glass covered by the deposit law, and excluding household and kitchen
containers such as drinking glasses, cups, and cooking and serving
dishes.
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.
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.
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 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).
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, 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 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.
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 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
ordinance 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 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).
means recoverable aluminum, tin and bi-metal materials such
as used beverage containers, siding, and other recyclable manufactured
metal items.
means and includes catalogs, cereal boxes, colored paper,
computer paper, construction paper, cracker boxes, envelopes (non-padded),
envelopes with windows, grocery bags (brown), junk mail, legal pad
backings, magazines, shoe boxes, telephone books and white ledger
paper.
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 breakdown 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 boundaries of the city;
Federal facilities, if any, including military installations,
located within the boundaries of the city;
Facilities operated by the state park system located within
the boundaries of the city, if any;
Public universities (including community colleges) located within
the boundaries of the city;
County fairgrounds located within the boundaries of the city;
State agencies located within the boundaries of the city, if
any.
means and includes every owner of and every tenant or person
who is in possession of, is the inhabitant of, or has the care and
control of an inhabited residence or a place of business, including,
but not limited to, the United States, the State of California, the
County of San Diego, the City of Escondido, and every other local
agency.
means solid wastes containing material originated from living
organisms and their metabolic waste products, including, but not limited
to, food, green material, yard waste, organic textiles and carpets,
lumber, wood, paper products, printing and writing paper, 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).
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).
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).
as used in this chapter means any individual, firm, corporation,
association or group or combination acting as a unit.
means any hotel, motel, trailer court, restaurant, cafeteria,
market, hospital, or any educational, professional, commercial or
industrial establishment of any nature whatsoever, where there is
an accumulation of refuse.
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.
means 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).
means materials that are recyclable and/or reusable within
the following categories of residential, commercial (office and hospitality),
and industrial as defined more specifically by resolution of the city
council, including: printing and writing papers, glass, cardboard,
rigid plastics and empty plastic beverage bottles and containers,
newspaper, white goods, tin cans, ferrous metal, aluminum, or other
materials which may be recycled for use in an altered form, that has
been segregated from other solid waste and placed at a designated
collection location for the purpose of collection and recycling.
means a person or persons, firm, partnership, joint venture,
association or corporation engaged in the collection and recycling
of waste and other discarded materials. For the purposes of this chapter,
"recycling" means as established by Government Code section 66716.6
means regional agency as defined in Public Resources Code
section 40181.
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 each place used for residential dwelling purposes for
a single family. A structure may have one or more residential dwelling
units. No place used primarily for business purposes shall be considered
as a residential dwelling unit.
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 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 the uncontrolled and/or unauthorized removal of solid
waste materials, recyclable materials, or organic waste.
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, 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.
has the same meaning as defined in State Public Resources
Code section 40191, which defines solid waste as all putrescible and
nonputrescible solid, semi-solid, and liquid wastes, including garbage,
trash, refuse, rubbish; ashes, bottles, broken crockery, glass; such
industrial, domestic, and organic solid wastes or residue of animals
sold for meat; offal, animal excreta, or the carcasses of animals,
fish or fowl; industrial wastes; demolition and construction wastes
that cannot be reused; abandoned vehicles and parts thereof, discarded
home and industrial appliances, dewatered, treated, or chemically
fixed sewage sludge which is not hazardous waste, 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.
means any person or persons, firm, partnership, joint venture,
association or corporation engaged in the collection, transportation
or disposal of refuse in the city.
includes the collecting, transporting and disposal of solid
waste in the city.
is synonymous with "refuse collector," "contractor" or "collector."
means materials, including commingled recyclable materials
or organic waste, 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 the 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.
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 carpets, non-compostable
paper, and textiles.
means the State of California.
mean the public streets, ways, alleys and places, except
state freeways, as the same now or may hereafter exist within the
city.
means a full-line, self-service retail store with gross annual
sales of two million ($2,000,000.00) 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:
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 total
cafeteria facility size equal to or greater than five thousand (5,000)
square feet; or
means the city's designated site where collected refuse may
be transferred to vehicles which will haul the refuse to a disposal
site.
means any truck, trailer, semi-trailer, conveyance or vehicle
used or intended to be used for the purpose of collecting refuse or
to haul or transport refuse.
means large enameled appliances such as refrigerators, ovens,
and washing machines.
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).
means lumber and wood products but excludes painted wood,
wood treated with chemicals and pressure treated wood.
means landscaping and pruning waste such as leaves, grass,
weeds, and wood material from trees and shrubs that are less than
four feet in length and six inches in diameter.
(Ord. No. 2021-15, § 3, 12-15-21)
(a)
The
city manager is hereby authorized and empowered to adjust, settle,
or cancel any charge required or made under this chapter or any controversy
which may arise in the administration of this chapter.
(b)
The
city manager, or designee, is hereby authorized to execute, on behalf
of the city, any contract, agreement, or other authorization pursuant
to this chapter.
(c)
The
city manager shall have charge and supervision of the collection and
removal of solid waste, recyclable material, and organic waste and
shall prescribe and establish the routes and days for such collection
and removal from the various parts of the city so as to conform with
the provisions of this chapter. The manager shall have the authority
to change such routes and days from time to time.
(d)
When
the routes and days of collection of solid waste, recyclable material,
and organic waste are established or changed as authorized by this
chapter, the city manager shall give notice thereof in such manner
as he or she deems best.
(e)
The
type of watertight, metal body, or container required in vehicles
transporting or carrying solid waste, recyclable material, and organic
waste over the public streets and the method of hauling solid waste,
recyclable material, and organic waste in vehicles shall be subject
to the regulation and approval of the city manager.
(f)
The
city manager, or designee, shall have responsibility for the enforcement
of all provisions of this chapter. Violations of this chapter and
regulations adopted pursuant to this chapter will be prosecuted in
the same manner as other violations of the city code; however, nothing
in the regulations shall prevent the authorized agents or deputies
from efforts to obtain voluntary compliance by way of warning, notice
of violation, or educational means.
(Ord. No. 2021-15. § 3, 12-15-21)
(a)
If
any section, subsection, sentence, clause, or phrase of this chapter
is for any reason held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining portions. The city
council of the City of Escondido hereby declares that it would have
passed this chapter and each section, subsection, clause, and phrase
thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional,
and would have passed and adopted the same, even though any parts,
sections, subsections, sentences, clauses or phrases that may be held
invalid had been omitted therefrom.
(b)
The
provisions of this chapter are intended to augment and be in addition
to other provisions of the Escondido Municipal Code. Whenever the
provisions of this chapter impose a greater restriction upon persons,
premises, or practices than are imposed by other provisions of the
Escondido Municipal Code or applicable law, the provisions of this
chapter shall control.
(Ord. No. 2021-15. § 3, 12-15-21)
(a)
The
city council will, from time to time, appropriate such funds as are
necessary to carry out the provisions of this chapter.
(b)
The
city council shall have the authority to make other reasonable rules
and regulations concerning individual collection, disposal, and hauling
of solid waste, recyclable material, or organic waste over city streets
by private persons, or relating to the operation of a transfer station.
(c)
The
city council by resolution shall designate materials to be recycled
in accordance with this chapter.
(d)
Recycling
fees and exceptions from recycling fees under this chapter may be
established by resolution of the city council.
(Ord. No. 2021-15, § 3, 12-15-21)
