The definitions in this section shall govern the construction
of this chapter.
"AB 341"
means the act amending Sections 41730, 41731, 41734, 41735,
41736, 41800, 42926, 44004, and 50001 of, and adding Sections 40004,
41734.5, and 41780.01 to, to add Chapter 12.8 (commencing with Section
42649) to Part 3 of Division 30 of, and to add and repeal Section
41780.02 of, the
Public Resources Code, relating to solid waste.
"AB 827"
means the assembly bill approved by the Governor of the State
of California on October 2, 2019, which amended Sections 42649.2,
42649.2, 42649.8, and 42649.81 of the
Public Resources Code, relating
to solid waste.
"AB 939"
means the California Integrated Waste Management Act of 1989
(California
Public Resources Code Section 40000 et seq.), as it may
be amended from time to time, including the 2008 revisions to California
Public Resources Code Sections 42920 – 42927 (commonly referred
to as SB 1016).
"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superseded, and replaced from time to time.
"Bin"
means a metal container with hinged lids and wheels with
a capacity of less than or equal to six cubic yards.
"Blue container"
has the same meaning as in 14
CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of source
separated recyclable materials.
"CALRecycle"
means the State of California's Department of Resources Recycling
and Recovery, and, as this department was structured prior to January
1, 2010, the California Integrated Waste Management Board, or CIWMB.
"Cart"
means a plastic container with a hinged lid and wheels serviced
by an automated or semi-automated truck with a capacity of no less
than thirty-two and no greater than one hundred and one gallons.
"City"
means City of Pico Rivera, California, a municipal corporation,
and all the territory lying within the municipal boundaries of city
as presently existing or as such boundaries may be modified.
"Collection"
means the operation of gathering together garbage, rubbish
and waste material, and transporting the same to the point of disposal.
"Commercial business" or "commercial"
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, strip
mall, or industrial facility, or as otherwise defined in 14
CCR Section
18982(a)(6).
"Commercial edible food generators"
includes tier one commercial edible food generators and tier
two commercial edible food generators. For the purposes of this definition,
food recovery organizations are not commercial edible food generators.
"Container"
means a receptacle for temporary storage of discarded materials.
Containers may include bins, carts, roll-off boxes, compactors, cans,
buckets, bags, or other storage instruments to the extent such containers
are permitted by the city for use for collection.
"Contractor"
means the person entering into a contract with the city for
the collection and disposal of garbage, rubbish and waste material.
"Customer"
means a person receiving solid waste handling services from
city designated contractor.
"Dispose" or "disposal"
means the ultimate disposition of solid waste collected by
contractor at a landfill or otherwise in full regulatory compliance.
"Edible food"
means food intended for human consumption. For the purposes
of this agreement, edible food is not solid waste if it is recovered
and not discarded. Nothing in this agreement requires or authorizes
the recovery of edible food that does not meet the food safety requirements
of the California Retail Food Code.
"Environmental laws"
means all federal and state statutes, county, local and city
ordinances concerning public health, safety and the environment including,
by way of example and not limitation, the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, 42 USC Section 9601
et seq.; the Resource Conservation and Recovery Act, 42 USC Section
6902 et seq.; the Federal Clean Water Act, 33 USC Section 1251 et
seq.; the Toxic Substances Control Act, 15 USC Section 1601 et seq.;
the Occupational Safety and Health Act, 29 USC Section 651 et seq.;
the California Hazardous Waste Control Act, California Health and
Safety Code Section 25100 et seq.; the California Hazardous Substance
Account Act, California
Health and Safety Code Section 25300 et seq.;
the Porter-Cologne Water Quality Control Act, California
Water Code
Section 13000 et seq.; the Safe Drinking Water and Toxic Enforcement
Act, California
Health and Safety Code Section 25249.5 et seq.; as
currently in force or as hereafter amended, and all rules and regulations
promulgated there under.
"Food recovery"
means actions to collect and distribute edible food for human
consumption which otherwise would be disposed, or as otherwise defined
in 14
CCR Section 18982(a)(24).
"Food recovery organization"
means an entity that primarily 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:
A.
A food bank as defined in Section 113783 of the Health and Safety
Code;
B.
A nonprofit charitable organization; or
C.
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 agreement.
"Food waste"
means source-separated food scraps and food-soiled paper.
"Gray container"
has the same meaning as in 14
CCR Section 18982.2(a)(28)
and shall be used for the purpose of storage and collection of waste
that is prohibited in the blue or green container.
"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 placements 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).
"Green container"
has the same meaning as in 14
CCR Section 18982.2(a)(29)
and shall be used for the purpose of storage and collection of source
separated organic waste.
"Green waste"
means tree trimmings, wood stumps, small pieces of wood,
grass cuttings, dead plants, leaves, branches, flowers, plant stocks,
and dead trees (not more than six inches in diameter or forty-eight
inches in length) and similar materials.
"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 this chapter.
"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 14
CCR, Division 7, Chapter 12 and this chapter, 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 14
CCR, Division 7 Chapter
12 and this agreement, 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.
"Multifamily" or "multifamily dwelling" or "multifamily residential
dwelling"
means any building or lot containing three or more dwelling
units. Multifamily premises do not include hotels, motels, or other
transient occupancy facilities, which are considered commercial businesses.
Multifamily dwelling units generally receive refuse collection service
through the use of shared bins but may use carts. Service is not dependent
upon unit count unless specifically stated.
"Organic waste"
means food waste, green waste, landscape and pruning waste,
nonhazardous wood waste, and food-soiled paper waste that is mixed
in with food waste.
"Person"
has the same meaning as in
Public Resources Code Section
40170, which states that a person includes an individual, firm, limited
liability company, association, partnership, political subdivision,
government agency, municipality, industry, public or private corporation,
or any other entity whatsoever.
"Premises"
means any land or building in city where solid waste is generated
or accumulated.
"Recycle" or "recycling"
means the process of collecting, sorting, cleansing, treating,
and recon-figuring materials for the purpose of returning them to
the economic mainstream in the form of raw material for new, reused,
or reconstituted products that meet the quality standards necessary
to be used in the marketplace. 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.
"Recyclable materials"
means solid waste that is source separated, is reasonably
free of solid waste according to acceptable local facility standards,
has some potential economic value, and is set aside, handled, packaged,
or offered for collection in a manner different from refuse in order
to allow it to be processed for recycling. Organic materials that
are source separated are not considered recyclable materials for purposes
of this contract regardless of potential economic value.
"Refuse"
means solid waste or debris, except sewage, construction
and demolition debris, recyclable materials, and/or organic waste
placed in source separated containers for collection.
"Residential"
refers to services performed at and for residential premises,
which include both single-family dwellings and multifamily dwellings.
"Residential premises"
means premises upon which dwelling units exist, including,
without limitation, single family dwellings, apartments, boarding
or rooming houses, condominiums, mobile homes, efficiency apartments,
and other multiple dwellings. Notwithstanding any provision to the
contrary herein, in the Pico Rivera Municipal Code, or otherwise,
premises upon which the following uses are occurring shall not be
deemed to be residential premises, and rather shall be deemed to be
commercial premises: assisted living facilities, convalescent homes,
dormitories, extended stay motels, group residential facilities, group
care facilities, hotels, motels, and any other businesses not specifically
listed at which residency is transient in nature and hence should
be classified as commercial premises as determined by city on a case
by case bases.
"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.
"Solid waste"
means all discarded 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 waste water,
which are collected and transported under the authorization of the
city or are self-hauled by residents 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.
"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). Source separated shall include separation
of materials by the waste 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 mixed waste and
other solid waste for the purposes of collection and processing.
"State"
means the State of California.
"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:
B.
Grocery store with a total facility size equal to or greater
than ten thousand square feet.
"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:
A.
Restaurant with two hundred fifty or more seats, or a total
facility size equal to or greater than five thousand square feet.
B.
Hotel with an on-site food facility and two hundred or more
rooms.
C.
Health facility with an on-site food facility and one hundred
or more beds.
F.
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.
G.
A local education agency with an on-site food facility.
"Waste generator"
means any person as defined by the
Public Resources Code,
whose act or process produces solid waste as defined in the Public
Resources Code, or whose act first causes solid waste to become subject
to regulation.
(Ord. 1150 § 2, 2021)
Single-family organic waste generators shall comply with the
following requirements:
A. Shall subscribe to city's organic waste collection services for all organic waste generated as described below in subsection
B. The city shall have the right to review the number and size of a generator's containers to evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust its service level for its collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14
CCR Section 18984.9(c).
B. Shall
participate in the city's organic waste collection service(s) by placing
designated materials in designated containers as described below,
and shall not place prohibited container contaminants in collection
containers.
C. Generators
shall place source separated green container organic waste, including
food waste, in the green container; source separated recyclable materials
in the blue container; and gray container waste in the gray container.
Generators shall not place materials designated for the gray container
into the green container or blue container.
(Ord. 1150 § 2, 2021)
Generators that are commercial businesses, including multifamily
residential dwellings, shall:
A. Subscribe to the city's three-container collection services and comply with the requirements of those services as described below in subsection
B. The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the city.
B. Participate
in the city's organic waste collection services by placing designated
materials in designated containers. Generators shall place source
separated green container organic waste in the green container; source
separated recyclable materials in the blue container; and gray container
waste in the gray container. Generator shall not place materials designated
for the gray container into the green container or blue container.
C. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections
(D)(1) and
(D)(2) below) for employees, contractors, tenants, and customers, consistent with the city's blue container, green container, and gray container collection service
D. Excluding
multifamily residential dwellings, provide containers for the collection
of source separated green container organic waste and source separated
recyclable materials in all indoor and outdoor areas where disposal
containers are provided for customers, for materials generated by
that business. Such containers do not need to be provided in restrooms.
If a commercial business does not generate any of the materials that
would be collected in one type of container, then the business does
not have to provide that particular container in all areas where disposal
containers are provided for customers. Pursuant to 14
CCR Section
18984.9(b), the containers provided by the business shall have either:
1. A
body or lid that conforms with the container colors provided through
the collection service provided by the city, with either lids conforming
to the color requirements or bodies conforming to the color requirements
or both lids and bodies conforming to color requirements. A commercial
business is not required to replace functional containers, including
containers purchased prior to January 1, 2022, that do not comply
with the requirements of the subsection prior to the end of the useful
life of those containers, or prior to January 1, 2036, whichever comes
first.
2. Container
labels that include language or graphic images, or both, indicating
the primary material accepted and the primary materials prohibited
in that container, or containers with imprinted text or graphic images
that indicate the primary materials accepted and primary materials
prohibited in the container. Pursuant 14
CCR Section 18984.8, the
container labeling requirements are required on new containers commencing
January 1, 2022.
E. Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirement in subsection
D above pursuant to 14
CCR Section 18984.9(b).
F. To the
extent practical through education, training, inspection, and/or other
measures, excluding multifamily residential dwellings, prohibit employees
from placing materials in a container not designated for those materials
per the city's blue container, green container, and gray container
collection service.
G. Excluding
multifamily residential dwellings, periodically inspect blue containers,
green containers, and gray containers for contamination and inform
employees if containers are contaminated and of the requirements to
keep contaminants out of those containers pursuant to 14
CCR Section
18984.9(b)(3).
H. Annually
provide information to employees, contractors, tenants, and customers
about organic waste recovery requirements and about proper sorting
of source separated green container organic waste and source separated
recyclable materials.
I. Provide
education information before or within fourteen days of occupation
of the premises to new tenants that describes requirements to keep
source separated green container organic waste and source separated
recyclable materials separate from gray container waste (when applicable)
and the location of containers and the rules governing their use at
each property.
J. Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with Section
8.13.090 to confirm compliance with the requirements of this chapter.
K. Nothing
in this section prohibits a generator from preventing or reducing
waste generation, managing organic waste on site, or using a community
composting site pursuant to 14
CCR Section 18984.9(c).
L. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Sections
8.13.060 and
8.13.070.
(Ord. 1150 § 2, 2021)