For the purpose of Chapters 8.29, 8.30 and 8.31 of this title, certain words and phrases shall be construed as set forth herein unless it is apparent from the context that a different meaning is intended:
means the state law adopted in 2011 that requires commercial businesses that meet specified waste generation thresholds to arrange for recycling services.
means the state law adopted in 2019 that requires that businesses that are required to subscribe to recycling services under AB 341, or composting services under AB 1826, and that provides the business must provide customers with a recycling bin or container for that waste stream that is visible, easily accessible, adjacent to each bin or container for trash other than that recyclable waste stream, except in restrooms, and clearly marked with educational signage, as specified. Full-service restaurants, as defined in this section are exempt.
means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.) as it may be amended from time to time.
means the state law adopted in 2015 that requires commercial businesses that meet specified waste generation thresholds to arrange for recycling services for organic waste, and requires local cities to adopt an organic waste recycling program.
means a facility, or that certain portion of a facility, that processes municipal solid waste to separate green waste and/or wood waste.
means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for a permit, for purposes of organizing, hosting, and/or managing a large event or large venue, as defined in this chapter.
means a metal container with hinged lids and wheels and a capacity of less than 10 cubic yards.
has the same meaning as in 14 CCR 18982(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 the chief building official of the City.
means California's mandatory green building standards code. The California Building Standards Commission (CBSC) has the authority to impose CALGreen standards for nonresidential structures
means the State of California Code of Regulations. "14 CCR" refers to Title 14, Natural Resources.
means a plastic container with a hinged lid and wheels serviced by an automated or semi-automated truck with a capacity of no less than 32 and no greater than 101 cubic gallons.
means the City of Orange, California, a municipal corporation, or its designee, and all of the territory lying within the municipal boundaries of City as presently existing or as such boundaries may be modified.
means that City employee designated by the City to handle solid, organic, and construction and demolition waste issues as provided in this title.
means to take physical possession, transport, and removal of solid waste within and from the City.
means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling, or as otherwise defined in 14 CCR 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing Chapters 8.29 and 8.30 of this title.
includes a tier one or a tier two commercial edible food generator as defined herein or as otherwise defined in 14 CCR 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 18982(a)(7).
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 17855(a)(4); or as otherwise defined by 14 CCR 18982(a)(8).
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 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.
means any solid waste generated at a premises that is directly related to construction or demolition activities occurring thereon. Applicable 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. Solid waste generated during C&D includes, but is not limited to, concrete, asphalt paving, asphalt roofing, lumber, gypsum board, rock, soil and metal.
means any real property in the City in, on or from which a building or structure is being fabricated, assembled, erected or demolished, and which produces C&D debris which must be removed from the property, and requires the use of commercial refuse containers.
means any and all types of solid waste receptacles, including carts, bins and rolloff boxes; effective no later than January 1, 2036, with the exception of rolloff boxes, cart and bin colors shall comply with the requirements of SB 1383: In a three-bin/cart system, green bins shall be utilized/provided for the collection of organic waste, blue bins shall be utilized/provided for the collection of nonorganic recyclables, and black bins shall be utilized/provided for non-organic waste; in a two-bin/container system, green bins shall be utilized/provided for the collection of organic waste, and blue bins shall be utilized/provided for the collection of nonorganic recyclables; in a one-bin/container system, black bins shall be utilized/provided for the collection of all materials. (Any shade of black or grey bin is acceptable.)
for purposes of solid waste handling services within and to the City of Orange means the franchisee(s) under contract to the City, with said franchisee being a corporation organized and operating under the laws of the State of California and its officers, directors, employees, agents, companies and subcontractors, or any corporation providing solid waste handling services within and to the City of Orange through a franchise system contract.
means the rate set forth in the standardized conversion rate table approved by the City pursuant to this chapter for use in estimating the weight of materials identified in a waste management plan.
means any new construction, or addition, alteration, demolition, or renovation project within the City requiring a demolition and/or building permit, except projects specifically exempted in this title and any City project subject to the California Public Contract Code.
means to disassemble any facility, structure, or building, whether in whole or in part, whether interior or exterior, piece-by-piece in order to salvage the parts.
means the destruction, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.
means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this chapter.
means the ultimate disposal of solid waste collected by contractor at a landfill or otherwise in full regulatory compliance.
means any combination of waste prevention (source reduction), recycling, reuse and composting activities that reduces waste disposed at landfills, provided such activities are recognized by CALRecycle as diversion in its determination of a City's diversion rate and compliance with AB 939.
means the diversion of at least 65% of the total construction and demolition debris generated by a project via reuse or recycling, or such percentage as may be required by state law, unless the applicant has been granted an exemption, in which case the diversion requirement shall be the maximum feasible diversion rate established by the City or the designated City Solid Waste Coordinator for the project.
means to use material for any purpose other than disposal in a landfill or transformation facility.
means food intended for human consumption, or as otherwise defined in 14 CCR 18982(a)(18). For the purposes of Chapters 8.29 and 8.30 of this title or as otherwise defined in 14 CCR 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in Chapters 8.29 and 8.30 of this title 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 a permitted facility used to process, transfer, or dispose of solid waste or recyclable materials.
means the Fire Marshal of the City of Orange Fire Department or designee.
means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR 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 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.
A food recovery organization is not a commercial edible food generator for the purposes of Chapters 8.29 and 8.30 of this title and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR 18982(a)(7). |
If the definition in 14 CCR 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR 18982(a)(25) shall apply to Chapters 8.29 and 8.30 of this title. |
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 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of Chapters 8.29 and 8.30 of this title and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR 18982(a)(7).
means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.
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 waste that will decompose and/or putrefy and is segregated for collection and recycling. Food waste includes: (1) kitchen preparation scrap, also called "back of the house scrap"; (2) table food waste, also called "front of the house waste" and "plate waste"; (3) animal or vegetable waste including fats, oil and grease that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (4) discarded paper that is contaminated with food waste, also called "food soiled paper" (which includes, but is not limited to, paper towels, tissue products, paper napkins, paper plates cups, coffee filters, tea bags, waxed paper, butcher paper, paper take-out boxes and containers, greasy pizza boxes, paper bags, cardboard and wax-coated cardboard produce boxes); and (5) fruit waste, grain waste, dairy waste, meat, and fish waste.
means the right or license granted to an individual, group or business to market/offer a company's goods or services in a particular territory; a franchise may be exclusive or non-exclusive.
means the individual, group, or business authorized by the City to provide any or all aspects of solid waste handling services.
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:
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;
The consumer's food and beverage orders are taken after the consumer has been seated at the assigned seating area;
The food and beverage orders are delivered directly to the consumer;
Any requested items associated with the consumer's food or beverage order are brought to the consumer;
The check is delivered directly to the consumer at the assigned eating area; and
The consumer does not deliver the consumer's waste and used dishes etc. to another location or otherwise clean the consumer's own table.
has the same meaning as in 14 CCR 18982(a)(28) and shall be used for the purpose of storage and collection of mixed waste.
has the same meaning as in 14 CCR 18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.
means tree trimmings, brush, wood stumps, small pieces of wood, grass cuttings, dead plants, leaves, branches, flowers, plant stocks, and dead trees (not more than six inches in diameter or 48 inches in length) and similar materials.
means a facility that is in compliance with the reporting requirements of 14 CCR 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 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR 17402(a)(11.5); or, as otherwise defined in 14 CCR 18982(a)(33).
means hazardous waste generated at residential premises.
means a site visit where a City reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling, or any other waste reduction requirement, to determine if the entity is complying with requirements set forth in Chapters 8.29, 8.30 and 8.31 of this title, or as otherwise defined in 14 CCR 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 18982(a)(38) differs from this definition, the definition in 14 CCR 18982(a)(38) shall apply to Chapters 8.29 and 8.30 of this title.
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 Chapters 8.29 and 8.30 of this title 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 Chapters 8.29 and 8.30 of this title 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 18982(a)(39) differs from this definition, the definition in 14 CCR 18982(a)(39) shall apply to Chapters 8.29 and 8.30 of this title.
means an operation for food service to a consumer solely for providing charity, that is conducted by a nonprofit charitable organization operating pursuant to California Health and Safety Code Section 114333 et seq., and whose food service is limited to any of the following functions: (1) storage and distribution of whole, uncut produce, or of prepackaged, non-potentially hazardous foods in their original manufacturer's packaging; (2) heating, portioning, or assembly of a small volume of commercially prepared foods or ingredients that are not prepackaged; (3) reheating or portioning of only commercially prepared foods with no further processing, for purposes of hot holding and no longer than same-day food service to the consumer; (4) storage or distribution of commercially prepared and commercially packaged potentially hazardous cold or frozen foods for distribution to the consumer, according to the comprehensive resource for food recovery programs, as most recently updated by the conference for food protection, or according to another nationally recognized guidance resource as approved by the local enforcement agency. "Limited service charitable feeding operation" does not include a nonprofit charitable temporary food facility operating pursuant to Section 114332 et seq., or a temporary food facility operating pursuant to Section 114335 et seq. A limited service charitable feeding operation shall operate pursuant to Section 114332 et seq., or Section 114335 et seq., if it operates a nonprofit charitable temporary food facility or a temporary food facility, respectively.
means a school district, charter school, or county office of education located in the City that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR 18982(a)(40).
means organic waste collected in a container that is required by 14 CCRs 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 17402(a)(11.5).
means of, from, or pertaining to residential premises with five or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. Multi-family premises generally receive collection service through the use of bins but may use carts with City approval.
means any construction, demolition, or renovation project within the City that is not a covered project, e.g., a residential roofing project that does not remove the roof.
means the following entities that are not subject to the City's enforcement authority, or as otherwise defined in 14 CCR 18982(a)(42):
Special district(s) located in the City.
Jail(s) located in the City, including Theo Lacey Facility.
Facilities operated by the State park system located in the City.
Public universities (including community colleges) located in the City, including Santiago Canyon College.
State agencies located in the City.
Local education agency.
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 18982(a)(43).
means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR 18982(a)(45) or further explained in 14 CCR 18995.4.
means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, non-edible 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 18982(a)(46). Biosolids and digestate are as defined by 14 CCR 18982(a).
means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR 18982(a)(48).
means the processing of organic waste or organics for the purpose of returning them to the economy in the form of raw materials for new, reused, or reconstituted products, or for conversion to energy.
means any land, or building in City where solid waste is generated or accumulated.
means any activity or process described in 14 CCR 18983.1(b), or as otherwise defined in 14 CCR 18982(a)(49).
means solid waste that may be source separated, has some potential economic value, and is set aside, handled, packaged, or offered for collection in a manner different from refuse in order to allow it to be processed for recycling. Recyclable materials do not include hazardous waste.
means the processing of recyclable materials for the purpose of returning them to the economy in the form of raw materials for new, reused, or reconstituted products. The collection, transportation or disposal of solid waste not intended for, or capable of, reuse is not recycling. Recycling does not include use of solid waste for conversion to energy.
mean space allocated for collecting and loading of recyclable materials.
means putrescible and non-putrescible solid waste.
refers to services performed at and for residential premises, which include both single-family and multi-family homes.
means premises upon which dwelling units exist, including, without limitation, single-family and multi-family 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, hotels, motels, and any other businesses not specifically listed at which residency is transient in nature and hence should be classified as commercial premises as determined by City on a case by case basis.
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 18982(a)(64).
means a solid waste collection containers of 10 cubic yards or larger capable of being loaded via winch onto a rolloff vehicle equipped with rails.
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 18982(a)(65).
means the state law adopted in 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 a person or entity who hauls, or the act of hauling, solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person or entity who back-hauls waste, or as otherwise defined in 14 CCR 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 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 Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, 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 semisolid wastes, with the exception that solid waste does not include any of the following wastes:
Hazardous waste, as defined in 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 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 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 the collection, transfer, transport, recycling, processing, diversion and disposal of solid waste.
means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR 17402.5(b)(4). For the purposes of the ordinance, 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 mixed waste or other solid waste for the purposes of collection and processing.
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 the State of California.
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 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR 18982(a)(73) shall apply to Chapters 8.29 and 8.30 of this title. |
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 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR 18982(a)(74) shall apply to Chapters 8.29 and 8.30 of this title. |
means any person as defined by the California Public Resources Code, whose act or process produces solid waste as defined in the Public Resources Code, or whose act first causes solid waste to become subject to regulation.
(Ord. 13-21, 2021)