As used in this Chapter, the words below shall have the following definitions, unless the context specifically indicates otherwise:
is defined at Section 5.60.010.
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 (Non-organic recyclables = glass, metal, and plastic) or Source Separated Blue Container Compostables (Organic recyclables such as clean paper and cardboard). The body of the "blue container" is blue with a blue lid for residential and commercial 35-, 65-, or 95-gallon Recyclable Materials carts. The body of the "blue container" is white in color with the lid of the container blue in color for 2,3,4 or 6 cubic yard commercial Recycling Materials bins.
is defined at Section 5.60.010.
is defined at Section 5.60.010.
means organics including yard trimmings generated at a residential, commercial, or industrial premises that are co-collected with food waste generated at the same residential, commercial, or industrial premises (including a single-family dwelling, duplex, triplex, fourplex or a multi-family complex). "Co-Collected Yard Trimmings and Food Scraps" are stored together in containers and are collected together. Co-collected yard trimmings and food scraps shall not contain over 50% food scraps, by weight.
means the taking of physical possession of MSW, recyclables, Compostables, and Yard Trimmings from Generators, and their transport to the MDF or Transfer Station.
is defined at Section 5.60.010.
is defined at Section 5.60.010.
includes a Tier One, or a Tier Two Commercial Edible Food Generator as defined in Sections 6.61.050(uuu) and 6.61.060(vvv) of this Chapter or as otherwise defined in 14 CCR Section 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 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).
is defined at Section 5.60.010.
means a person or entity that is responsible for the initial creation of Compostables.
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).
is defined at Section 5.60.010.
is defined at Section 5.60.010.
means a Container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
includes waste building materials, packaging and rubble resulting from construction, remodeling, repair or demolition operations on pavements, houses, commercial and industrial buildings, and other structures and improvements.
means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this Section 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.
is defined at Section 5.60.010.
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 MSW 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 pursuant to Chapter 1.16 of this code to address noncompliance with this Chapter.
is defined at Section 1.24.020.
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 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 Multi-Family MSW after implementation of programs for the safe Collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with California Public Resources Code Sections 41500 and 41802. 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 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).
means a Commercial Business that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption.
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 Health and Safety Code Section 113783;
A nonprofit charitable organization as defined in Health and Safety Code Section 113841; and
A nonprofit charitable temporary food facility as defined in Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Chapter. |
means a Person 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).
is defined at Section 5.60.010.
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 defined at Section 5.60.010.
is defined at Section 5.60.010.
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. The body and lid of the 'Gray Container' is gray in color for 20, 35, 65, or 95-gallon residential and commercial MSW carts. The body of the 'Gray Container' is brown in color and the lid of the container is black in color for commercial 1.5, 2, 3, 4, and 6 cubic yard MSW bins.
means MSW that is collected in a Gray Container that is part of a three-container Compostables Collection Service that prohibits the placement of Compostables 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 Compostables. The lid and body of the 'Green Container' is green in color for residential and commercial 35-or 64-gallon Compostables carts. "Green Container" may also include brown containers that are currently used for Collection of Source Separated Green Container Compostables, until those containers reach the end of their useful life, or until their replacement is required by state law, whichever comes first.
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 daily, weekly, or other 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 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Compostables 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 a City reviews records, Containers, and Person's Collection, handling, recycling, or landfill disposal of Compostables or Edible Food handling to determine if the Person 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 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 in 13 CCR Section 18982(a)39 shall apply to this Section.
means the agency designated pursuant to Part 4 of the California Integrated Waste Management Act of 1989, as amended, and Public Resources Code Sections 40000, et seq., with responsibility for enforcing this Chapter, if authorized by the City.
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 MSW, or as otherwise defined in 14 CCR Section 18982(a)(40).
is defined at Section 5.60.010.
is defined at Section 5.60.010.
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):
Public universities or colleges located within the City, including Napa Valley College.
State fairgrounds located within the City, including the Napa Valley Expo (25th District Agricultural Association of the California Department of Food and Agriculture).
State agencies located within the City, including all public-school locations, the Department of Motor Vehicles and California Department of Transportation.
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 a notice that a violation of this Chapter has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
is defined at Section 1.04.030.
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, off-set, 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:
Discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City Blue Container.
Discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Compostables for the City Green Container.
Discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Compostables to be placed in City Green Container and/or Blue Container; and
Excluded Waste placed in any container.
means products made from California, landfill-diverted recovered Compostables processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
is defined at Section 5.60.010.
is defined in Public Resources Code Section 40181.
means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Compostables, or as otherwise defined in 14 CCR Section 18982(a)(62).
is defined at Section 1.16.010.
means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
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.
is defined at Section 5.60.010.
is defined at Section 5.60.010.
is defined at Section 5.60.010.
means materials, including commingled Recyclable Materials, that have been separated or kept separate from the MSW 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 MSW for the purposes of Collection and processing.
means Source Separated Compostables (e.g. non-soiled paper products) that can be placed in a Blue Container that is limited to the Collection of Compostables, and Non-Organic Recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7).
means Source Separated Compostables that can be placed in a Green Container that is specifically intended for the separate Collection of Compostables by the Generator, excluding Source Separated Blue Container Compostables, carpets, Non-Compostables Paper, and textiles.
means Source Separated Non-Organic Recyclables and Source Separated Blue Container Compostables. "Recyclable Materials" includes paper, books, magazines, cardboard, boxes, plastic, metal, glass, food waste and other similar materials authorized by the City for Collection by the Authorized Contractor.
means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), 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:
Supermarket.
Grocery Store with a total facility size equal to or greater than 10,000 square feet.
Food Service Provider.
Food Distributor.
Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Chapter.
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 5,000 square feet.
A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Chapter.
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 a Collection Service that collects yard trimmings that are 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 Compostables, 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).
is defined at Section 5.60.010.
(O2022-001, 1/4/22)