As used in this chapter and Chapters 8.12, 8.17, 8.19, 8.80, and 8.81, the following words and phrases are defined and shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning was intended. If a term or word is not specifically defined herein but is defined in the California Integrated Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.) it shall have the meaning prescribed therein.
means California's Department of Resources Recycling and Recovery or its successor.
means an administrative citation issued pursuant to Chapter 1.08 of this code.
means the city of Palm Desert, California.
means the city council of the city of Palm Desert, California.
means the city manager of the city of Palm Desert, or their designee.
as used in this chapter and associated thereto, means all containers provided by the city or the franchise waste hauler(s) of the city for the collection of recyclable materials.
means the act of collecting solid waste, including recyclable materials and organic waste, at or near the place of generation by a franchise waste hauler, and the physical possession, transport, and removal of such materials.
means any building or site in any zone of the city, other than residential premises, from which any business, service, nonprofit, governmental, institutional, commercial, or industrial activity is conducted, including, without limitation, motels, hotels, recreational vehicle parks, restaurants, professional offices, clubhouses, places of entertainment, manufacturing plants, and private schools, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.
includes a tier one or a tier two commercial edible food generator as defined in this section 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 any activity that composts organic 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).
means a review of records by the city to determine compliance with this chapter.
has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this chapter, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
means plastic materials that meet the ASTM D6400 standard required for a material to be compostable, or as otherwise specified by 14 CCR Section 18982(a)(18).
means a container containing:
Discarded materials placed in a blue container that are not identified as recyclable materials.
Discarded materials placed in a green container that are not identified as organic materials.
Discarded materials placed in a gray container that are identified as recyclable materials and/or organic materials, which are to be separately collected.
Excluded waste placed in any container.
means a receptacle for temporary storage of discarded materials. containers include, but are not limited to, bins, carts, roll-off boxes, split bins, compactors, cans, buckets, or other storage instruments.
means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
means any combination of inert building materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations as defined in 22 CCR Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging; roofing material, ceramic tile, carpeting, plastic pipe, and steel. The material may be commingled with rock, soil, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction or land development projects.
means Riverside County.
as used in this chapter and associated thereto, means the location where city-owned discarded materials shall be placed and picked up by the city, or franchise waste hauler(s) of the city.
shall have the same definition as 14 CCR § 18982(14.5).
means an entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this chapter and as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a waste hauler, a private entity, or a combination of those entities.
means recyclable materials, organic materials, and/or other solid waste, in all cases where a fee or other compensation, in any form or amount, is directly or indirectly solicited from, or, levied, charged, or otherwise imposed on, or paid by, the generator in exchange for handling services. As used herein, handling services include, without limitation, the collection, removal, transportation, delivery, recycling, processing and/or disposal of the material. Discarded materials do not include edible food that is recovered for human consumption and is not discarded. Discarded materials include source separated recyclable materials, source separated organic materials, food waste, solid waste, bulky items, and C&D debris once the materials have been placed in containers for collection or, if not placed in containers for collection, placed properly for collection.
means the ultimate disposition of discarded materials at a landfill or otherwise in full regulatory compliance. "Disposal" does not include recycling or organic materials processing.
means to prevent discarded materials from being disposed of at a landfill or transformation facilities, (including facilities using incineration, pyrolysis, distillation, gasification, or biological conversion methods) through source reduction, reuse, recycling, composting, anaerobic digestion, or other method of processing.
means the individual private premises contained in any building intended, whether occupied or not, as the residence for one household, regardless of the number of individuals in the household. A building may contain more than one dwelling unit. A "dwelling" does not include hospitals, hotels, motels, nursing homes, or convalescent centers.
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.
means an action of the city to address noncompliance with this chapter, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
means hazardous substances, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, sharps, 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 III landfills or accepted at the facility by permit conditions, waste that in the city's, or its designee's, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose 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. Excluded waste does not include electronic waste, universal waste, used motor oil and filters, or household batteries when such materials are defined as allowable materials for collection through the city's collection programs and the generator has properly placed the materials for collection pursuant to instructions provided by the 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).
has the same meaning as in Section 113789 of the Health and Safety Code.
means actions to collect and distribute food for human consumption which otherwise would be disposed of, 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, including, but not limited to:
means a person who 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).
includes, but is not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, grains, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.
means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
is paper material that has come in contact with food or liquid, such as, but not limited to, paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. Food-soiled paper excludes noncompostable paper.
means food scraps separated from solid waste and offered for collection by franchise waste hauler, that will decompose and/or putrefy including: (1) all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs; and (2) food-soiled paper.
means an agreement made by the city with a franchise waste hauler for the collection of recyclable materials, organic material and/or solid waste.
shall mean any person, persons, firm, or corporation to whom a franchise agreement has been granted by the city for the collection, processing, recycling, and disposal of discarded materials.
means a person or entity that is responsible for the initial creation of one or more types of discarded materials.
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).
is defined to include any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the state of California, or the United States Government. The term "hazardous material" includes, without limitation, any material or substance which is: (1) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (2) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (3) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (4) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Sections 25501(j) and (k) and 25501.1 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (5) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (6) "used oil" as defined under Section 25250.1 of the California Health and Safety Code; (7) asbestos; (8) listed under Captor 11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations; (9) defined as waste or a hazardous substance pursuant to the Porter-Cologne Act, Section 13050 of the California Water Code; (10) designated as a "toxic pollutant" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. Section 1317(11); defined as " hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. § 6903(12)); defined as a "hazardous substance" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 6901); (13) defined as "hazardous material" pursuant to the Hazardous Materials Transportation Act 29 U.S.C. Section 5101(14), et seq.; or defined as such or regulated by any "Superfund" or "Superlien" law, or any other federal, state or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning hazardous materials and/or oil wells and/or underground storage tanks and/or pipelines, as now, or at any time hereafter, in effect.
means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state of California in Health and Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the US Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC Section 6901 et seq.).
includes the health officer or other agent of the health department of county, and shall include duly authorized personnel of the state department of health services in the enforcement of applicable state law, city ordinance, or state or county rule or regulation in aid thereof.
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 "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 designee of the city reviews records, containers, and an entity's collection, handling, Recycling, or landfill Disposal of discarded materials or Edible Food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 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 this chapter.
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 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).
for the purpose of SB 1383 means of, from, or pertaining to residential premises with five or more dwelling units. multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. References to "multifamily dwelling unit" refer to an individual residential unit of the multifamily premises.
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):
means non-putrescible and non-hazardous recyclable materials, 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.
are defined as food waste, yard waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. No discarded material shall be considered to be organic materials, however, unless it is separated from recyclable materials and solid waste. organic materials are a subset of organic waste.
means a container designated for the collection of organic materials.
means solid waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food waste, food scraps, yard 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 in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.
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 an individual, group of individuals, and/or any legal entity recognized by the laws of the state.
means and includes any land, building and/or structure, or portion thereof, in the city where discarded materials are produced, generated, or accumulated. All structures on the same legal parcel which are owned by the same person shall be considered as one premises.
means the controlled separation, recovery, volume reduction, conversion, or recycling of solid waste 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).
means:
Discarded materials placed in the recyclable materials container that are not identified as acceptable source separated recyclable materials for the city's recyclable materials container.
Discarded materials placed in the organic materials container that are not identified as acceptable source separated organic materials for the city's organic materials container.
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 city's organic materials container and/or recyclable materials container.
Excluded waste placed in any container.
means the owner of a parcel whose name and address appear on the last equalized secured property tax assessment roll, or in the case of any public entity, the state of California, or the United States, means the representative of that public entity at the address of that entity known to the agency.
means the process of collecting, sorting, cleansing, treating, and reconfiguring recyclable materials for the purpose of returning them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the market-place. recycling includes processes deemed to constitute a reduction of landfill disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201. The collection, transportation, or disposal of solid waste not intended for, or capable of, reuse is not recycling.
as used in this chapter and associated thereto, means any person or persons, firm, partnership, joint venture, association, or corporation engaged in the collection and recycling of recyclable materials.
means those discarded materials that capable of being set out by generators in recyclables containers for collection for the purpose of recycling. recyclable materials 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, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, gable top beverage containers, 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, and 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 and small pieces of scrap metal);
Steel, tin, or bi-metal cans;
Mixed plastics such as plastic containers (no. one to seven, except expanded Polystyrene (EPS), and
Bottles (including bottles made of HDPE, LDPE, or PET).
means a container designated for the collection of recyclable materials.
means any residential dwelling.
refers, without regard to form of ownership, to a parcel of property with no more than four separate dwelling units, each unit intended for occupancy by separate households, that provides on such parcel off street parking for residents of the complex.
means the owner, property manager, tenant, lessee, occupant, or their other designee that subscribes to and pays for recyclable materials, organic materials, and/or solid waste collection services for a premises in the city, or, if there is no such subscriber, 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 premise, responsible party shall mean the owner of a single-family premises, multifamily premises, or commercial premises.
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 waste hauler's 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 (Chapter 395, Statutes of 2016).
means to act as a self-hauler.
means a person, who hauls solid waste, organic waste, or recyclable material they have generated to another person. 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 using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
means all discarded putrescible and non-putrescible solid, semi-solid, and liquid wastes, including refuse, construction and demolition debris, bulky items, recyclable materials, and organic waste, or any combination there-of which are permitted to be disposed of in a Class III landfill, and which are included in the definition of "non-hazardous solid waste" set forth in the California Code of Regulations. "Solid waste" means all solid wastes generated by residential, commercial, and industrial sources, and all solid waste generated at construction and demolition sites, and at treatment works for water and wastewater, which are collected and transported under the authorization of the city or are self-hauled by businesses or contractors. Solid waste does not include agricultural crop residues, mining waste and fuel extraction waste, forestry wastes, ash from industrial boilers, furnaces and incinerators or hazardous material, any waste which is not permitted to be disposed of at a Class III landfill and which fall within the definition of "nonhazardous solid waste" set forth in Title 23, Chapter 15, Section 2523(a) of the California Code of Regulations as amended or designated Class II wastes. Materials shall be deemed "solid waste" consistent with the meaning of California Public Resources Code Section 40191, and for purposes of this municipal code shall be regulated as such, whether or not they may be potentially recyclable materials or organic materials, in either of the following instances: (1) the material is mixed or commingled with other types of solid waste such that more than sixty-five percent of the material consists of solid waste rather than recyclable materials or organic materials; or (2) the payment of a fee, charge, or other consideration, in any form or amount, is directly or indirectly solicited or received from the generator by any person or combination of persons in exchange for collection, removal, transportation, storage, processing, handling, consulting, container rental or disposal services ("fee for service" recycling), whether or not arranged by or through a subcontractor, broker, agent, consultant, or affiliate of the provider of such service.
shall be used for the purpose of storage and collection of solid waste.
means materials, including commingled recyclable materials and organic 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 this chapter, source separated shall include separation of materials by the generator, responsible party, or responsible party's employee, into different containers for the purpose of collection such that source-separated materials are separated from other solid waste for the purposes of collection and processing.
means the state of California.
means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
means the assessment roll upon which general taxes of the city are collected by the county.
means the collection of discarded material fees from single-family residential complexes, and any associated penalties and interest, on tax roll.
means a collection system in which generators are required to source separate discarded materials into three streams: solid waste, source separated recyclable materials and source separated organic materials for placement in containers specifically designated for those materials.
means a commercial edible food generator that is one or more of the following:
Supermarket;
Grocery store with a total facility size equal to or greater than ten thousand square feet;
Food service provider;
Food distributor; or
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 or more of the following:
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; or
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.
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 commercial business that may apply for a waiver under Section 10.10.120. Under these circumstances, the city manager or their designee may issue special written permits (waivers) authorizing variations from the provisions of this chapter. Special written permits include de minimis waivers and physical space waivers.
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 leaves, grass clippings, brush, branches, and other forms of organic materials generated from landscapes or gardens, which have been source separated from other solid waste. Yard waste is a subset of organic materials and excludes hazardous materials.
(Ord. 84 § 1, 1975; Ord. 1284 § 1, 2015; Ord. 1374 § 1, 2022)