For the purposes of this title the following words and phrases shall have the meanings respectively ascribed to them by this title. Words and phrases not ascribed a meaning by this title shall have the meaning ascribed by Division 30, Part 1, Chapter 2 of the Public Resources Code, Sections 40105-40200, and the regulations of CalRecycle.
means the California Integrated Waste Management Act of 1989, as it may be amended from time to time.
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 discarded electronic equipment such as stereos, televisions, computers, VCRs and similar items.
means furniture, household or industrial appliances, mattresses, shipping crates and containers, oversized yard waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length, and heavy objects not normally discarded on a regular basis at residential, commercial, or business establishments.
means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on the City and others.
means the State of California Code of Regulations. CCR references in this title are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
means the City of Lake Forest, California, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing, and all geographic areas which may be added or annexed to the City, or the City's duly authorized representative or designee, as applicable.
means the Director of Public Works/City Engineer, any City Code Enforcement Officer or authorized designee(s) who is/are partially or wholly responsible for enforcing the SB 1383 Regulations in Chapter 16.14 of this title.
means an individual having that title in the employ of the City of Lake Forest or the City Manager's duly authorized representative.
means City-owned receptacles located in public areas for disposal of waste generated by the public.
means the act of collecting solid waste, including recyclable solid waste and green waste, at or near the place of generation by a collector who has made arrangements with the generator for the collection of the solid waste, recyclable solid waste and green waste.
means a contractor which has made arrangements for the collection of solid waste, including recyclable solid waste and green waste.
means bins provided by a collector, usually three cubic yards or greater in capacity and designed for the deposit of solid waste, including recyclable solid waste and green waste, charged at commercial rates.
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 the SB 1383 Regulations in Chapter 16.14 of this title.
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 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 this title.
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 bin, vessel, can or receptacle used for collecting solid waste, including recyclable solid waste and green waste, for removal.
means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
means a solid waste collector which claims a right to collect solid waste based on "continuation rights" as set forth in Public Resources Code Sections 49520 et seq., or any other law. No inference shall be drawn from this or any other section of this title that the City recognizes any such claim or that the City has determined that any solid waste enterprise is or may be eligible for "continuation" or any other rights under the Public Resources Code or any other law.
means a person, persons, local agency, firm, corporation or other entity franchised, authorized, permitted or licensed by the City to make arrangements with generators for the collection of solid waste, including recyclable solid waste and green waste, within the City.
means construction and demolition debris.
as used in this title, means the place designated by the arrangements between the contractor and its customers from which the contractor has contracted to collect recyclable solid waste. This location may be, but the City does not require that it be, at the curbside of a residential neighborhood or the service alley of a commercial enterprise.
means, for the purposes of implementing the SB 1383 Regulations in Chapter 16.14 of this title, an entity that the City contracts with or otherwise arranges to carry out any of the City's SB 1383 regulatory responsibilities 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 a metal container designed for mechanical emptying and provided by the contractor for the accumulation and storage of solid waste, including recyclable solid waste and green waste.
means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except "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 title 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 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 an action of the City to address non-compliance with Chapter 16.14 of this title, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class 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.
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 that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
A food bank as defined in 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 title 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 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 Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this title and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
means material resulting from the production, processing, preparation or cooking of food for human consumption that is separated from solid waste. Food scraps include surplus or unsold edible food, raw food left over after food preparation, leftover cooked food, as well as spoiled food such as vegetables and culls, and plate scrapings. Food scraps includes, without limitation, food scraps from food facilities as defined in California Health and Safety Code Section 113789, food processing establishments (as defined in California Health and Safety Code Section 111955), grocery stores, farmer's markets, institutional cafeterias (such as schools, hospitals and assisted living facilities), restaurants, and residential food scraps. Food scraps may include food-soiled paper, as directed by the City.
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 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.
includes food scraps and may also include food-soiled paper and/or compostable plastics as directed by the City.
means the right and privilege: (1) to make arrangements for the collection of and to collect; (2) to transport to landfills, transformation facilities or other licensed solid waste management facilities; and/or (3) to recycle solid waste collected within the City. Any franchise is subject to any continuation or other rights, if any, held by any other solid waste enterprise pursuant to Public Resources Code Section 49520, et seq., or other laws granting the right to provide solid waste hauling services in the City.
means the fee or assessment imposed by the City on a solid waste contractor because of its status as a solid waste contractor and which, inter alia, is intended to offset the City's expenses in administering the franchise and to compensate City for damage to its streets, sidewalks, curbs and gutters and other infrastructure resulting from the solid waste contractor's exercise of the franchise, the expenses of administering the solid waste program, reporting requirements under the Act and other related expenses.
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).
means any person or other entity which produces solid waste, including recyclable solid waste and green waste.
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.
as used in this title, has the same meaning as "organic waste."
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 any and all revenue or compensation in any form derived directly or indirectly by the solid waste contractor, its subsidiaries, parent companies or other affiliates, for the collection, transportation, processing, disposal and other services with respect to solid waste collected within the City pursuant to a franchise, permit or license, in accordance with generally accepted accounting principles. Gross revenues include, but are not limited to, monthly customer fees for collection of solid waste, including recyclable solid waste and green waste, special pickup fees, commercial bin and drop box rental and collection fees, fees for redelivery of commercial and detachable bins and drop boxes, and revenue from the sale of recyclable solid wastes, without subtracting franchise fees or any other cost of doing business.
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).
means any waste, substance or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. Section 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. Section 9601 et seq., the California Health and Safety Code and all future amendments, or as defined by the California Integrated Waste Management Board, or its successor, and any consumer product with the characteristics of a hazardous substance. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous waste" shall be construed to have the broader, more encompassing definition.
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 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 this title, or as otherwise defined in 14 CCR Section 18982(a)(35).
means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this 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 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 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 Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this title.
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 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.
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 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).
means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
include, but are not limited to, copy, xerographic, watermark, cotton fiber, 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 every dwelling house; dwelling unit; apartment house or multiple dwelling building; trailer or mobile home park; store; restaurant; rooming house; hotel; motel; office building; department store; manufacturing, processing, or assembling shop or plant; and every place or premises where any person resides, or any business is carried on or conducted within the City or any other site upon which solid waste, including recyclable solid waste and green waste, is produced or accumulates.
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, blue container, or additional designated container; (4) discarded materials placed in any additional containers provided for the collection of designated source separated materials that are not acceptable source separated materials for such containers; and (5) excluded waste placed in any container.
means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
means 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, or such other collection containers as the City or its designee may provide, for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
means a material which otherwise would become, or be treated as, solid waste but which, by means of a process of collecting, sorting, treating and reconstructing, may be returned to the economic mainstream in the form of finished or source material for new, reused or reconstituted products, which may be used in the marketplace.
means a form of solid waste which has been source separated by a solid waste service recipient before having been disposed of into the waste stream. Recyclable solid waste is a part of the solid waste stream which can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the Act. The term recyclable solid waste includes both mixed recyclables which have been separated from other solid waste and source-separated single-category recyclable solid waste. Recyclable solid waste does not include those potentially recoverable items which are commingled with nonrecyclable solid waste, i.e., commingled nonrecyclable solid waste and potentially recyclable solid waste.
means an establishment primarily engaged in the retail sale of food and drinks for onpremises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
includes single-family residences, multifamily residences, including apartments and condominiums, but does not include hotels or motels.
means a visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
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).
includes single-family residences and any other residences that do not use bin services on a regular basis for the accumulation of solid waste.
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 the 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 State 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 State 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.
As used in this title, "solid waste" refers to all types of solid waste, including green waste and recyclable solid waste generated or accumulated at residential premises and/or commercial businesses and placed in standard residential solid waste containers and/or commercial and detachable bins for accumulation and collection. |
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 this title, 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 wastes that can be placed in a blue container such as paper and cardboard 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 such as food scraps and yard 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 (such as paper and cardboard), carpets, non-compostable paper, and textiles.
means source separated non-organic recyclables such as plastic, glass or metal bottles and cans and source separated blue container organic waste such as paper and cardboard.
means a container provided by the collector for the accumulation, storage and collection of single-family residential solid waste.
means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
means a commercial edible food generator that is one of the following:
Supermarket.
Grocery store with a total facility size equal to or greater than 10,000 square feet.
Food service provider.
Food distributor.
Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this 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 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 title. |
means loose green material from the yard, including grass clippings, leaves, weeds, tree pruning's, bush pruning's, plant material, vineyard clippings, tree trunks/stumps/branches six inches or less in diameter. Yard waste is a subset of organic waste.
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).
(Ord. 165 § 1, 2007; Ord. 348 § 2, 2021)