When used in Chapters 9.02 through 9.12, any amendment hereof, and in any ordinance or resolution related to refuse, the terms set forth in this chapter shall have the meanings set forth in this chapter unless it is clearly apparent from the context that they are used in a different sense.
"AB 1826" means the Organic Waste Recycling Act of 2014 (Chapter
727, Statutes of 2014 modifying Division 30 of the California Public
Resources Code), also commonly referred to as "AB 1826," as amended,
supplemented, superseded, and replaced from time to time.
"AB 341" means the California Jobs and Recycling Act of 2011
(Chapter 476, Statutes of 2011 [Chesbro, AB 341]), also commonly referred
to as "AB 341," as amended, supplemented, superseded, and replaced
from time to time.
"AB 939" means the California Integrated Waste Management
Act of 1989 (Division 30 of the California Public Resources Code),
also commonly referred to as "AB 939," as amended, supplemented, superseded,
and replaced from time to time.
"Alternative daily cover" has the same meaning as in Section
20690 of Title 27 of the California Code of Regulations.
"Alternative intermediate cover" has the same meaning as
in Section 20700 of Title 27 of the California Code of Regulations.
"Applicable law" means all federal, state, county, and local
laws, regulations, rules, orders, judgments, decrees, permits, approvals,
or other requirements of any governmental agency having jurisdiction
over the collection, transfer transportation, processing, and disposal
of discarded materials or other solid waste as may be enacted, issued
or amended from time to time. Applicable law includes, but is in no
way limited to, AB 939, AB 341, AB 1826, and SB 1383.
"Approved facility(ies)" means an organic waste processing
facility, a disposal facility, a processing facility, a transfer station,
a high diversion organic waste processing facility, or a transformation
facility operating in accordance with applicable law and approved
by the department to accept, process, and/or dispose of discarded
materials generated within the unincorporated areas of the county.
"Authorized collector" means a franchise collector, industrial
collector, or permitted collector.
"Bin" means a container, typically ranging from one cubic
yard to eight cubic yards in volume, designed for mechanical emptying
with an attached close-fitting cover and of a design approved by the
department. "Bin" does not include "cart."
"Board" means the board of supervisors of the county of Stanislaus.
"Bulky item(s)" means discarded materials that cannot be
collected in a standard collection container or collection vehicle
because of their size or weight and are subject to the collection
requirements set forth by an authorized collector and approved by
the county. Bulky items may include, but are not limited to, appliances
and furniture.
"Calendar day(s)" means any twenty-four-hour period spanning
from midnight to midnight.
"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
"CalRecycle" means California's Department of Resources Recycling
and Recovery.
"Cart" means a container, the volume of which is measured
in gallons (generally thirty to one hundred, commonly sixty to one
hundred gallons), designed for mechanical emptying, having wheels
and an axle, with an attached close-fitting cover and of a design
approved by the department.
"Collect" or "collection" (or any variation thereof) means
the act of taking possession of recyclable materials, organic materials,
solid waste, hard-to-handle waste, and other material at the place
of generation in the county.
"Collection service" means the collection, transportation,
storage, transfer, processing, or disposal of one or more types of
discarded materials collected by an authorized collector from generators
within the unincorporated areas of the county.
"Commercial" means of, from, or pertaining to nonresidential
premises where business activity is conducted, including, but not
limited to, the buying or selling of commodities or services, wholesale
operations, and manufacturing but excluding businesses conducted upon
residential property which are permitted under applicable zoning regulations
and are not the primary use of the property.
"Commercial edible food generator" includes a tier one or
a tier two commercial edible food generator as 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).
"Community composting" means any activity that composts green
material, agricultural material, food material, and vegetative food
material, alone or in combination, and the total amount of feedstock
and compost on site at any one time does not exceed one hundred cubic
yards and seven hundred fifty square feet, as specified in 14 CCR
Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
"Compactor" means a mechanical apparatus that compresses
materials together with the container that holds the compressed materials
or the container that holds the compressed materials if it is detached
from the mechanical compaction apparatus. Compactors include two to
eight cubic yard bin compactors serviced by front-end loader collection
vehicles and ten to fifty cubic yard roll-off box compactors serviced
by roll-off collection vehicles.
"Compost" means the product resulting from the controlled
biological decomposition of organic waste that is source separated
from the solid waste stream, or which is separated at a centralized
facility.
"Composting" or any variation thereof means the act of processing
organic waste into compost.
"Container" mean bins, carts, compactors, and drop boxes.
"County" means the county of Stanislaus, state of California.
"County code" means the Stanislaus County Code as amended
from time to time.
"Department" means the department of environmental resources
of the county.
"Discarded materials" means any one or combination of recyclable
materials, organic materials, mixed waste, solid waste, industrial
waste, hard-to handle waste, and bulky items accepted as part of the
county's collection service.
"Disposal" or "dispose" (or any variation thereof) means
the management of solid waste through final disposition at a landfill,
or transformation at a permitted disposal facility.
"Disposal facility" means a landfill, transformation facility,
or other facility approved by the department for the ultimate disposition
of solid waste.
"Drop box" means a container, with a minimum capacity of
ten cubic yards, designed for mechanical emptying with a vehicle,
for transportation to a disposal or processing facility and of a design
approved by the department.
"Dwelling unit" means any individual living unit in a single-family
or multifamily structure or building, a mobile home, or a motor home
located on a permanent site intended for, or capable of being utilized
for, residential living other than a hotel or motel.
"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of Chapters 9.02 through 9.12 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 Chapters 9.02 through 9.12 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.
"Excluded waste" means hazardous substance, hazardous waste,
infectious waste, designated waste, volatile, corrosive, medical waste,
infectious, regulated radioactive waste, and toxic substances or material
that facility operator(s), which receive materials from the county
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 county'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 the county, 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 or household hazardous waste
in compliance with county collection programs.
"Exempt collection service area(s)" means any unincorporated areas within the county specifically exempt from one or more of the requirements of Chapters 9.02 through 9.12 of the county code by the board in accordance with applicable law. Considerations for such an exemption may include, but are not limited to, the population density of the area or areas that fall under the requirements outlined in Section 9.12.110.
"Food facilities" has the same meaning as in Section 113789
of the Health and Safety Code.
"Food recovery" 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).
"Food recovery organization" 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).
"Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, 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 Chapters 9.02 through 9.12 and implementation of 14 CCR, Division 7, Chapter 12, pursuant to 14 CCR Section 18982(a)(7).
"Food scraps" 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 is a subset
of food waste.
"Food-soiled paper" means compostable paper material that
has come in contact with food or liquid, such as, but not limited
to, compostable paper plates, paper coffee cups, napkins, pizza boxes,
and milk cartons. Food-soiled paper is a subset of food waste.
"Food waste" means food scraps and food-soiled paper. Food
waste is a subset of organic materials.
"Franchise area(s)" means a portion of the county designated for discarded materials collection service by a franchise collector and shown on certain maps entitled "refuse collection areas in Stanislaus County" including all amendments and changes thereto, which maps are incorporated in Chapters 9.02 through 9.12 by reference and are on file in the department and in the office of the clerk of the board.
"Franchise collector" means a person, business, or other entity, including their agents and employees, authorized by the board that has received written approval, through an agreement or otherwise, to collect, transport, transfer, process, and/or dispose of discarded materials within the county's franchise areas. Franchise collectors are subject to franchise fees as outlined in Section 9.08.180 of the county code.
"Garden waste" means vegetative organic waste that will decompose
and/or putrefy, including, but not limited to, grass clippings, leaves,
tree or shrub trimmings, weeds, unpainted and untreated wood, and
other vegetative organic waste accumulated as a result of normal yard
and landscaping installation, maintenance, or removal. Garden waste
is a subset of organic materials.
"Generator" means a person or entity that is responsible
for the initial creation of one or more types of discarded materials.
"Hard-to-handle waste" means household furniture, appliances,
tree stumps and large limbs, telephone poles, and timbers, styrofoam,
transite pipe, large metal objects, cable, wire, concrete over one
thousand pounds piece weight and reinforced concrete, and nonhazardous
liquid waste.
"Hazardous material" means "hazardous substances" and/or
"hazardous waste" as defined in Section 25117 and Section 25316 of
the Health and Safety Code, as hereafter may be amended.
"High diversion organic waste processing facility" 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 fifty percent between January
1, 2022 and December 31, 2024, and seventy-five percent after January
1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic
waste received from the collection of mixed waste service.
"Household hazardous waste" or "HHW" means hazardous material
generated at residential premises within the county. HHW includes
items accepted at the county's household hazardous waste facility.
"Industrial collector" means a person, business, or other entity, including their agents and employees, authorized by the board that has received written approval, through an agreement or otherwise, to collect, transport, transfer, process, and/or dispose of industrial waste within the unincorporated areas of the county. Industrial collectors are subject to the requirements of Chapter 9.09.
"Industrial waste" means discarded materials in an amount
exceeding an average of five hundred pounds per operating day produced
by a person principally engaged in the business of processing or manufacturing
agricultural, animal or other products or materials and whose principal
outlet for such products is wholesale rather than retail; and discarded
materials produced by a licensed building or demolition contractor
including inert waste.
"Inert waste" means waste which contains insignificant amounts
of decomposable wastes and no soluble pollutants, including, but not
limited to, rock, earth, construction rubble and asphalt chunks, as
approved by the department.
"Inspection" means a site visit where a county official or their designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of recyclable materials, organic waste, solid waste, mixed waste, or edible food handling to determine if the entity is complying with requirements set forth in Chapters 9.02 through 9.12, or as otherwise defined in 14 CCR Section 18982(a)(35).
"Landfill" means a "solid waste landfill" defined by Public
Resources Code Section 40195.1.
"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to Chapters 9.02 through 9.12.
"Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of Chapters 9.02 through 9.12 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 9.02 through 9.12 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 Chapters 9.02 through 9.12.
"Mandatory collection service area(s)" means all unincorporated
areas within the county that do not fall within an exempt collection
service area.
"Mixed waste" means two or more types of discarded materials
intentionally comingled into one container for collection in accordance
with the county's one-container or two-container service.
"Multifamily" means of, from, or pertaining to residential
premises with five or more dwelling units used for residential purposes
(regardless of whether residence therein is temporary or permanent,
vacant, or occupied). Multifamily premises do not include hotels,
motels, or other transient occupancy facilities, which are considered
commercial businesses.
"Occupant" means the person who occupies a premises.
"One-container service" means discarded materials service
provided by an authorized collector in which recyclable materials,
organic materials, and solid waste are collected in a single collection
container and processed at a high diversion organic waste processing
facility or another approved facility as determined by the department
in accordance with applicable law.
"Organic materials" means garden waste, food scraps, and
food-soiled papers that are set aside, handled, packaged, or offered
for collection service.
"Organic waste" means solid wastes containing material originated
from living organisms and their metabolic waste products, including,
but not limited to, food, garden 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).
"Organic waste processing facility" means a permitted facility
that is operated in accordance with applicable law for the purpose
of producing compost.
"Owner" means the person(s) holding legal title to real property
and/or any improvements thereon and shall include the person(s) listed
on the latest equalized assessment roll of the county assessor.
"Permitted collector" means a person, business, or other entity, including their agents and employees, authorized by the board that has received written approval, through a permit or otherwise, to collect, transport, transfer, process, and/or dispose of discarded materials within the unincorporated areas of the county, in accordance with the scope of such permit. Permitted collectors are subject to the requirements of Chapter 9.10. For the purposes of Chapters 9.02 through 9.12, franchise collectors and industrial collectors are not considered permitted collectors.
"Person" means any individual, firm, corporation, partnership,
joint venture, association, group or combination and the plural as
well as the singular.
"Premises" means a parcel of real property to the center
of any alley adjacent thereto, located in the unincorporated area
of the county, upon which is situated any dwelling unit, including
each unit of a multifamily or single-family premises, or of a mobile
home park; or a commercial premises upon which is conducted any business,
occupation, or activity which results in the production or accumulation
of discarded materials.
"Processing," or any variation thereof, means the controlled
separation, recovery, volume reduction, conversion, composting, or
recycling of discarded materials, including, but not limited to, organized,
manual, automated, or mechanical sorting, the use of vehicles for
spreading of waste for the purpose of recovery, and/or includes the
use of conveyor belts, sorting lines, or volume reduction equipment,
or as otherwise defined in 14 CCR Section 17402(a)(20).
"Processing facility" includes those facilities utilized
to separate, convert, or otherwise process recyclable materials or
mixed waste for the purpose of making such material available for
recycling or composting, or the facility for the processing and/or
composting of organic materials.
"Prohibited container contaminants" means the following:
For generators receiving three-container service:
Discarded materials placed in the recyclable materials container
that are not identified as acceptable source separated recyclable
materials for the county's three-container service;
Discarded materials placed in the organic materials container
that are not identified as acceptable source separated organic materials
for the county's three-container service;
Discarded materials placed in the solid waste container that
are acceptable source separated recyclable materials and/or source
separated organic materials to be placed in organic materials container
and/or recyclable materials container; and
Excluded waste placed in any container.
For generators receiving two-container service for source separated
organic materials and mixed waste:
Discarded materials placed in an organic materials container
that are not identified as acceptable source separated organic materials
for the county's two-container service;
Discarded materials placed in the mixed waste container that
are identified as acceptable source separated organic materials, which
are to be separately collected in county's two-container service;
and
Excluded waste placed in any container.
For generators receiving mixed waste service:
Excluded waste placed in any container.
"Recyclables" or "recyclable material" means materials not
intended for disposal, that are set aside, handled, packaged, offered
for collection, or processed in a manner different from solid waste
for the purpose of recycling. The list of recyclable materials accepted
in the county's collection service program shall be determined by
the department and may be amended from time to time.
"Recycle" or "recycling" means the process of collecting,
sorting, separating, cleansing, treating, and reconstituting materials
for reuse 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.
"Renewable natural gas" or "RNG" 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 organic waste, or as otherwise defined
in 14 CCR Section 18982(a)(62).
"Residential" means of, from, or pertaining to a single-family
premises or multifamily premises including single-family homes, apartments,
condominiums, townhouse complexes, mobile home parks, and cooperative
apartments.
"Responsible party" means the owner, property manager, tenant,
lessee, occupant, or other person that manages the discarded materials
service for a premises in the county, or, if there is no such individual
designated, the owner or property manager of a single-family premises,
multifamily premises, or commercial premises. In instances of dispute
or uncertainty regarding who is the responsible party for a premises,
responsible party shall mean the owner of a single-family premises,
multifamily premises, or commercial premises.
"SB 1383" means Senate Bill 1383 of 2016 approved by Governor
Brown 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.
"Self-haul" means to act as a self-hauler.
"Self-hauler" means a person, who hauls solid waste, mixed
waste, organic waste or recyclable materials they have generated to
another person or facility. Self-hauler also includes a landscaper,
or a person who back-hauls waste. Back-haul means generating and transporting
recyclable materials or organic waste to a destination owned and operated
by the generator or responsible party using the generator's or responsible
party's own employees and equipment, or as otherwise defined in 14
CCR Section 18982(a)(66)(A).
"Single-family" means of, from, or pertaining to any residential
premises with fewer than five dwelling units.
"Solid waste" means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, Section 40191 and regulations promulgated hereunder. For the purposes of Chapters 9.02 through 9.12, solid waste does not include hazardous waste, radioactive waste, medical waste, source separated recyclable materials, source separated organic materials, or mixed waste that is intended for collection through one-container service or two-container service. Notwithstanding any provision to the contrary, solid waste may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code as may be amended from time to time.
"Source separated" means recyclable materials, including
commingled recyclables, or organic materials that have been separated
or kept separate from the solid waste stream or the mixed waste stream
by a generator for the purpose of recycling, composting, or reuse.
"Three-container service" means discarded materials collection
service provided by an authorized collector in which source separated
recyclable materials, source separated organic materials, and solid
waste are collected in three separate collection containers for processing
and/or disposal.
"Tier one commercial edible food generator" means a commercial
edible food generator that is one of the following, each as defined
in 14 CCR Section 18982:
"Tier two commercial edible food generator" means a commercial
edible food generator that is one of the following, each as defined
in 14 CCR Section 18982:
Restaurant with two hundred fifty or more seats, or a total
facility size equal to or greater than five thousand square feet.
Hotel with an on-site food facility and two hundred or more
rooms.
Health facility with an on-site food facility and one hundred
or more beds.
Large venue.
Large event.
A state agency with a cafeteria with two hundred fifty or more
seats or total cafeteria facility size equal to or greater than five
thousand square feet.
"Transfer" means the act of transferring the materials collected
by an authorized collector from its collection vehicles into larger
vehicles for transport to other facilities for the purpose of recycling,
composting, or disposing of such materials.
"Transfer station" includes those facilities utilized to
receive discarded materials, temporarily store, separate, convert,
or otherwise process the materials, and/or transfer materials directly
from smaller to larger vehicles for transport to a processing or disposal
facility.
"Transformation" means incineration, pyrolysis, distillation,
gasification, or biological conversion other than composting. Transformation
does not include composting or biomass conversion.
"Transformation facility" includes a facility utilized to
receive discarded materials for the purpose of transformation.
"Transportation" or "transport" means the act of conveying
collected materials from one location to another.
"Two-container service" means discarded materials service
provided by an authorized collector in which two types of discarded
materials are comingled for collection in a single container and processed
at a high diversion organic waste processing facility, or another
approved facility as determined by the department in accordance with
applicable law, and source separated materials are collected in a
different container for processing at an approved processing facility
to recover those materials.
"Working day(s)" means any day, Monday through Saturday,
that collection service is provided.
(Ord. CS 1315 §1, 2022)
