When used in this chapter, the following definitions apply unless the context or a more specific definition indicates otherwise:
"Blue container"has the same meaning as in 14 CCR Section
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 any of the following:
1. Laboratory waste, including, but not limited to, specimen cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biological agents, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate and mix cultures or material which may contain infectious agents and may pose a substantial threat to health;
Recognizable fluid blood elements and regulated body fluids, and containers and articles contaminated with blood elements or regulated body fluids that readily separate from the solid portion of the waste under ambient temperature and pressure. Regulated body fluids are cerebrospinal fluid, synovial fluids, pleural fluid, peritoneal fluid, pericardial fluid, and amniotic fluid;
Sharps, which are objects or devices having acute rigid corners, edges, or protuberances capable of cutting or piercing, including, but not limited to, hypodermic needles, blades and slides;
Contaminated animal carcasses, body parts, excrement and bedding of animals including materials resulting from research, production of biologicals, or testing of pharmaceuticals which are suspected of being infected with a disease communicable to humans;
Any specimens sent to a laboratory for microbiological analysis;
Surgical specimens including human or animal parts or tissues removed surgically or by autopsy;
Such other waste materials that result from the administration of medical care to a patient by health care providers and are found by the administering agency or the local health officer to pose a threat to human health or the environment. If there is a difference in opinion between the administering agency and the local health officer, the local health officer's view will prevail.
"Biomedical waste"means any waste which is generated or has been used in the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto, in the production or testing of biologicals, or which may contain infectious agents and may pose a substantial threat to health. Biomedical waste includes biohazardous waste and medical solid waste. Biomedical waste does not include hazardous waste as defined in California Health and Safety Code Section
25117 and California Code of Regulations Title
22, Division 4.5, or radioactive waste as regulated in Division 104, Part 9 of California Health and Safety Code.
means large items of solid waste, such as appliances, furniture, large auto parts, and other oversize waste whose size precludes or complicates their handling by normal waste management methods.
"C&D"means construction and demolition debris.
"CalRecycle"means the California Department of Resources Recycling and Recovery or its successor.
"City enforcement official"means the City Manager or designee who is/are partially or wholly responsible for enforcing the SB 1383 Regulations implemented in Article 2 of this chapter.
"City Manager"means the City Manager of the City of Santee or designee.
"Collect" or "collection"means the operation of taking physical possession of and/or transporting by means of a motor vehicle or other means, any organics, solid waste or recyclables to a transfer, disposal or processing facility, where the materials are subsequently disposed of or processed.
"Collector"means any person who has been issued a franchise or a permit by the City to provide waste management services.
"Commercial business" or "commercial"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.
means any person, firm, corporation or other enterprise or organization holding or occupying, singly or with others, commercial premises, whether or not the holder of the title of the commercial premises.
"Commercial edible food generator"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 all occupied real property in the City except property occupied by governmental agencies which do not consent to their inclusion, and except residential premises which receive solid waste collection services using single-family residential solid waste containers, and includes, without limitation, multiple housing of five or more units, wholesale or retail establishments, restaurants, other food establishments, bars, stores, shops, offices, manufacturing, repair, research and development, professional services, sports or recreational facilities, and construction and demolition sites.
"Commercial solid waste"means all types of solid waste generated by a store, office, or other commercial or public entity source, including a business or a multifamily dwelling of five or more units.
"Commercial solid waste container"means a bin or refuse container used in connection with commercial premises with a one and one-half to six cubic yard capacity, designed for mechanical pick-up by collection vehicles and equipped with a lid or, where appropriate for the commercial premises being served, a 10 to 40 cubic yard roll-off body or compactor. This section also includes other types of containers suitable for the storage and collection of commercial solid waste if approved in writing by the Director.
"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 100 cubic yards and 750 square feet, as specified in 14 CCR Section
17855(a)(4); or as otherwise defined by 14 CCR Section
18982(a)(8).
means a review of records by the City to determine compliance with Article 2 of this chapter.
"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 or as otherwise defined in 14 CCR Section
17896.2(a)(4).
means any vessel, tank, receptacle, box or bin used or intended to be used for the purpose of holding organic waste, solid waste, or recyclable materials for storage or collection.
"Designee"means, when used in reference to the City, an entity that a the City contracts with or otherwise arranges to carry out any of the City's responsibilities under SB 1383 Regulations and implemented in this chapter 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 the Director of the Department of Development Services of the City of Santee or designee.
"Edible food"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 an action of the City to address noncompliance with Article 2 of this chapter, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies in accordance with the provisions of Title
1.
means biohazardous radioactive, or biomedical waste, hazardous substance, hazardous waste, universal waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, toxic substances, sharps, sludge, stable matter, tires, lead-acid batteries, automobile, boat, or boat trailer parts, internal combustion engines 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, 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 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.
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 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:
1. 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 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. |
"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 this chapter and implementation of
14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section
18982(a)(7).
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.
"Food waste"means those discarded materials that will readily decompose and/or putrefy including: (1) all kitchen and table food waste; (2) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (3) fruit waste, grain waste, dairy waste, meat, and fish waste; and (4) vegetable trimmings and other compostable organic waste common to the occupancy of residential premises. Food waste is a subset of organic waste.
"Franchise"means the right to provide waste management services of any class or type within all or any part of the City, granted by the City Council pursuant to this chapter.
"Franchisee"means the person who provides waste management services under a franchise granted by the City Council.
"Garbage"means kitchen and table wastes, and animal or vegetable wastes that attends or results from the storage, preparation, cooking, or handling of food or edible items.
"Gray container"has the same meaning as in 14 CCR Section
18982(a)(28) and shall be used for the purpose of storage and collection of gray container waste.
means solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections
18984.1(a) and
(b), or as otherwise defined in 14 CCR Section
17402(a)(6.5).
has the same meaning as in 14 CCR Section
18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.
includes leaves, grass, weeds, houseplant trimmings, and wood materials from trees and shrubs, and similar material generated at any premises that fit within a cart. Green waste does not include palm fronds, or tree trunks or limbs more than two feet in diameter.
"Grocery store"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).
has the same meaning set forth in Health and Safety Code Section
25117, and includes:
1. A waste or combination of wastes which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may either:
a. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or
Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed;
A waste which meets any of the criteria for the identification of a hazardous waste adopted by the California Environmental Protection Agency's Division of Toxic Substances Control pursuant to Health and Safety Code Section
25141;
Any chemical, pollutant, contaminant, hazardous or toxic substance, constituent or material that under applicable law is considered to be hazardous or toxic or is or may be required to be remediated, including, without limitation:
a. Any petroleum or petroleum products and their derivatives, radioactive materials, asbestos in any form that is or could become friable, transformers or other equipment that contain dielectric fluid containing polychlorinated biphenyls and processes and certain cooling systems that use chlorofluorocarbons, or
Any chemicals, materials or substances which are now or hereafter become defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "extremely hazardous wastes," "restricted hazardous wastes," "toxic substances," "toxic pollutants," or any words of similar import pursuant to applicable law.
"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 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 New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and any other day designated as such in a contract between a collector and the labor union serving as the exclusive representative of said collector's employees, provided such holiday is approved by the City Council.
"Industrial solid waste"means solid waste originating from mechanized manufacturing facilities, factories, refineries, construction and demolition projects, publicly operated treatment centers, or solid waste placed in commercial collection bins, excluding hazardous waste.
"Inspection"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 Article 2 of this chapter, or as otherwise defined in 14 CCR Section
18982(a)(35).
means a disposal facility that accepts solid waste for land disposal as defined in Section
40195.1 of the Public Resources Code.
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, 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 of, from, or pertaining to a structure or structures containing five or more dwelling units in any vertical or horizontal arrangement on a single lot or building site. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
"Non-organic recyclables"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 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.
means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section
18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section
18982(a). Organic waste includes food waste, green waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.
include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section
18982(a)(51).
means a person who holds a valid, unrevoked, and unexpired permit to collect or transport solid waste and recyclables issued pursuant to this chapter.
"Printing and writing papers"include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section
18982(a)(54).
means the following: (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.
"Public education"means any and all efforts to enhance, increase or improve the knowledge of customers of collectors or residents of the City regarding solid waste, recycling, source reduction or any other aspect of waste management services.
"Recyclables"means 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 market-place which shall include, but not be limited to: newspaper (including inserts, coupons, and store advertisements); mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, paper grocery bags, colored paper, construction paper, envelopes, shoe boxes, cereal, and other similar food boxes yet excluding paper tissues, paper towels, paper with plastic coating, paper contaminated with food, wax paper, foil-lined paper and cartons, Tyvex non-tearing paper envelopes); chipboard; corrugated cardboard; glass containers of any color (including brown, clear, and green glass bottles and jars); aluminum (including beverage containers); steel, tin or bi-metal cans; mixed plastics such as plastic containers (no. 1 to 7), except expanded Polystyrene (EPS); bottles including containers made of HDPE, or PET; and, those materials added from time to time.
"Recycling"means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become refuse, 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. Recycling does not include transformation as defined in Public Resources Code Section
40201.
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.
"Residential householder"means any person holding and/or occupying a residential premises, whether or not the owner, singly or with his or her family, in the City.
"Restaurant"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 nonputrescible solid waste that is not recyclable such as ashes, soiled paper and cardboard, certain wood, glass, plastics and metals, bedding, crockery, rubber and rubber by-products, textiles, inert products, and litter.
"SB 1383"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 or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created
14 CCR, Division 7, Chapter 12 and amended portions of regulations of
14 CCR and
27 CCR.
means the uncontrolled or unauthorized removal of solid waste, recyclables or organic waste pursuant to this chapter.
"Self-hauler"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 all putrescible and nonputrescible solid and semi-solid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from residential premises or commercial premises, including garbage, rubbish, trash, refuse, ashes, industrial wastes, demolition and construction wastes, manure, vegetable or animal solid or semi-solid wastes, and other solid and semi-solid wastes. This excludes recyclables, source-separated organic waste, liquid wastes, abandoned vehicles, and excluded waste, hazardous, biohazardous and biomedical wastes, sharps, or any item excluded from the definition of bulky items.
"Source separated"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 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 source separated blue container organic waste, carpets, non-compostable paper, and textiles.
"Supermarket"means a full-line, self-service retail store with gross annual sales of $2,000,000.00, or more, and which sells a line of dry grocery, canned goods, or non-food 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:
2. Grocery store with a total facility size equal to or greater than 10,000 square feet.
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. |
"Tier two commercial edible food generator"means a commercial edible food generator that is one of the following:
1. 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.
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. |
"Transfer or processing station,"as defined in Public Resources Code Section
40200, means those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport, and those facilities used for transformation.
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 lawn clippings, leaves, weeds, and woody materials from trees and shrubs.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)