For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms not defined in this section and defined elsewhere in this Code shall have the same meanings herein unless the context otherwise requires. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. In the event of a conflict between a definition in this Code and a definition in 14 CCR Section 18982, the definitions in Section 18982 shall control for the purposes of this chapter. Additionally for the purposes of this chapter, the definitions in Section 18982 shall control for terms used in this chapter but not defined in this Code. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded, and replaced from time to time.
means such persons, firms or corporations collecting and delivering for disposal, recycling, or processing solid waste (other than solid waste generated by a permitted building project) originating in the City under a contract or franchise agreement with the City.
has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of source separated recyclable materials. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022, that are used for the storage and collection of source separated recyclable materials and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) shall be deemed to be blue containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
means the California Department of Resources Recycling and Recovery, which is the department designated with the responsibility for developing, implementing, and enforcing the SB 1383 regulations on the City (and others).
means the City Manager of the City of Mill Valley, or designee, which may include City employees.
means to take physical possession of solid waste at, and remove from, the place of generation for transport to a solid waste facility or other recovery activity.
means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily dwelling that consists of five or more dwelling units is "commercial" for the purposes of this chapter.
means a tier one, or a tier two commercial edible food generator as defined herein. Food recovery organizations and food recovery services are not commercial edible food generators.
has the same meaning as in 14 CCR Section 17896.2(a)(4).
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 in 14 CCR Section 18982(a)(8).
means the process of controlled biological decomposition of organic waste.
means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
means used or discarded materials resulting from construction, renovation, remodeling, repair, demolition, excavation or construction clean-up operations on any pavement or structure.
means any bin, box or cart used for the purpose of holding solid waste for collection, including gray/black container, green container, and blue container.
means the County of Marin.
means the place where an authorized collector has contracted with either the City or a private entity to pick up gray/black containers, blue containers, and/or green containers. This location will customarily be the curbside of a residential or multifamily neighborhood or the service alley of a commercial (or multifamily) enterprise.
means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this chapter as authorized in 14 CCR Section 18981.2, or as otherwise defined in 14 CCR Section 18982(a)(15). A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
means the final disposition of solid waste at a solid waste facility permitted for disposal.
means one or more rooms with internal access between all rooms, which provide complete independent living facilities for at least one family, including provisions for living, sleeping, eating, cooking, bathing, and sanitary facilities.
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 food recovery that does not meet the food safety requirements of the State Retail Food Code.
means an action of the City or the City's designee, including the enforcement agency, to address noncompliance with this chapter, including, but not limited to, issuing administrative notices, citations, fines, penalties, or using other remedies.
means an entity with the authority to enforce part, or all of this chapter as specified herein. Employees and agents of an enforcement agency may carry out inspections and enforcement activities pursuant to this chapter. Nothing in this chapter authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity and the City or designee. The City is an enforcement agency for all sections of this chapter. The City may choose to additionally delegate enforcement responsibility for certain sections to other public entities, including the Marin Hazardous and Solid Waste Joint Powers Authority (Zero Waste Marin) and the county.
means the City Manager or the City's authorized designee(s), including employees and agents of the enforcement agency, who is/are partially or wholly responsible for enforcing this chapter.
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 Enforcement Official'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 State 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 State 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).
unless otherwise defined in 14 CCR Section 18982(a)(25), 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 State Health and Safety Code; a nonprofit charitable organization as defined in Section 113841 of the State Health and Safety Code; and a nonprofit charitable temporary food facility as defined in Section 113842 of the State Health and Safety Code.
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).
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).
means compostable paper materials that have come into contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
means food-soiled paper; food scraps, such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells; and trimmings and other putrescible waste that result from food production, preparation, cooking, storage, consumption, or handling. Food waste does not include exempt waste or fats, oils, and grease when such materials are source separated from other food waste.
means all non-recyclable packaging and other solid waste attributed to normal activities of a generator stored and collected in the gray/black container that prohibits the placement of organic waste as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). Garbage does not include source separated recyclable materials, source separated organic materials, debris from construction and demolition, large items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste. Notwithstanding the foregoing, garbage does include dead animals not exceeding 10 pounds in weight and textiles.
mean a person or entity, including generators that are commercial businesses and residential generators, that is responsible for the initial creation of solid waste and with respect to organic materials, means a person or entity that is responsible for the initial creation of organic materials, or as otherwise defined as "organic waste generator" in 14 CCR Section 18982(a)(48).
has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of garbage. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022, that are used for the storage and collection of garbage and that do not comply with the color requirements of 14 CCR Section 18982(a)(28) shall be deemed to be gray/black containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of source separated organic materials. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022, that are used for the storage and collection of source separated organic waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) shall be deemed to be green containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
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 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 or its designee reviews records, containers, and an entity's collection, handling, recycling, or disposal of solid waste 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 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, or as otherwise defined in 14 CCR Section 18982(a)(38).
unless otherwise defined in 14 CCR Section 18982(a)(39), 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.
means a school district, charter school, or county office of education that is not subject to the control of the City's or county's regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
means a building or buildings designed for or used as dwelling units for two or more families or housekeeping units living independently of each other, including condominiums, apartment houses, flats, rooming and boarding houses for three or more separate tenants, but not including automobile courts, motels, apartment hotels, or rest homes.
means the Model Water Efficient Landscape Ordinance, 23 CCR, Division 2, Chapter 2.7.
means paper that is coated in a plastic material that will not break down in the composting process or other similar material, or as otherwise defined in 14 CCR Section 18982(a)(41).
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 waste, 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).
means paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, toweling and other similar products, or as otherwise defined in 14 CCR Section 18982(a)(51).
means 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, publications, and other similar products, or as otherwise defined in 14 CCR Section 18982(a)(54).
means any person or persons, company, firm, association, partnership, corporation, or other entity acting as principal, agent or officer, servant, or employee, for themselves or for any other person, firm, or corporation.
includes a tract or parcel of land with or without habitable buildings or appurtenant structures, or as otherwise defined in 14 CCR, Section 17225.50. For purposes of this chapter the word premises includes residential and commercial uses of the land, whether owned, leased, rented or subrented, including 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, warehouse and every other place or premises where any person resides, or any business is carried on or conducted within the City.
means, unless otherwise defined in 14 CCR Section 18982(a)(55): (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for collection in the blue container (including discarded materials placed in one side of a split blue container that are not identified as acceptable source separated recyclable materials for collection in that side of a split blue container); (2) discarded materials placed in collection in the green container that are not identified as acceptable source separated organic materials for collection in the green container; (3) discarded materials placed in the gray/black container that are acceptable source separated recyclable materials to be placed in the blue container and/or source separated organic materials to be placed in the green container; and (4) exempt waste placed in any container.
means paper, glass, cardboard, plastics, ferrous metals, aluminum, and other similar materials that if source separated would be considered source separated recyclable materials.
means paper products and printing and writing papers that consist of at least 30%, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become garbage and returning them for use or reuse in the form of raw materials for new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace. Recycling does not include transformation as defined in State Public Resources Code Section 40201.
means the use, at the discretion of the City, of the Internet of Things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray/black containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
means, for the purposes of this chapter, any premises consisting of between one and four dwelling units, and onsite domestic uses accessory to these dwelling units. A multifamily dwelling that consists of fewer than five dwelling units is "residential" for the purposes of this chapter.
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 Senate Bill 1383 of 2016 approved by the Governor of the State on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the State Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the State Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants.
means a person who, who in compliance with all applicable requirements of this Code, hauls solid waste, including garbage, organic waste, or recyclable materials they have generated to another person, or as otherwise defined in 14 CCR Section 18982(a)(66). Self-hauler also includes a person who back-hauls waste. "Back-haul" means generating and transporting organic materials 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 189881(a)(66)(A).
unless otherwise defined in State Public Resources Code Section 40191, means all putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, recyclable materials, organic materials, demolition and construction wastes, bulky waste, abandoned vehicles, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes with the exception that solid waste does not include any of the following wastes: (1) hazardous waste, as defined in State Public Resources Code Section 40141(2); 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); and (3) 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. Recyclable materials and organic materials are solid waste. |
means collection of solid waste originating in the City, by an authorized collector.
means a solid waste transfer or processing station including a material recovery facility, a recycling facility, a composting facility, a gasification facility, a transformation facility, an engineered municipal solid waste conversion facility, a high diversion organic waste processing facility and a disposal facility. Solid waste facility additionally includes a solid waste operation that may be carried out pursuant to an enforcement agency notification, as provided in regulations adopted by CalRecycle, or otherwise set forth in the Public Resources Code.
means the process of removing recyclable materials, including commingled recyclable materials, and organic materials from garbage and other solid waste at the place of generation, prior to collection, for the purpose of additional sorting or processing of 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 separate shall include placement of materials, at the place of generation, by the generator, property owner, property owner's employee, property manager, or property manager's employee into separate containers designated for recyclable materials and organic materials such that those materials are separated from garbage or other solid waste for the purposes of collection and processing of those materials.
means any organic waste designated by the City or designee and the authorized collector. Source separated organic materials excludes source separated recyclable materials, carpets, non-compostable paper, and textiles.
means any material designated by the City or designee and the authorized collector to be source separated for purposes of recycling and storage and collection in the blue container. Recyclable materials are currently limited to paper, glass, cardboard, plastics, ferrous metal, and aluminum and exclude source separated organic materials.
means the State of California.
means a full-time, self-service retail store with gross annual sales of $2,000,000.00, or more, and which sells a line of dry groceries, 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 as defined in 14 CCR Section 18982(a)(73):
means a commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a)(74):
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.
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. 307 §§ 2, 13, July 30, 1941; Ord. 453 § 2; Ord. 671 § 2, May 1, 1967; Ord. 1333 § 10, March 21, 2022)