For the purposes of this chapter, certain words and phrases are defined as follows:
"Aluminum"means recoverable aluminum materials such as used beverage containers, siding and other manufactured items.
"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 or source separated blue container organic waste.
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 jurisdictions (and others).
"City enforcement official"means the city manager or their authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter. See also "regional or county agency enforcement official."
"Collection"means the act of collecting solid waste materials or recyclables at residential, commercial, industrial or governmental sites, and hauling it to a facility for processing, transfer, disposal or burning.
"Colored plastic bottles"mean plastic beverage bottles and other bottles marked PET or PETE(1) and HDPE(2) on the bottom which have a narrow neck and an opening smaller than the body of the container.
"Commercial business" or "commercial"means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section
18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.
includes a tier one or a tier two commercial edible food generator as defined in this chapter 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).
mean recyclables from the two commercial subcategories of office buildings (of more than twenty thousand square feet) which are office paper, corrugated cardboard, newspaper and aluminum; and hospitality (restaurants and taverns) which are corrugated cardboard, plastic beverage bottles, glass jars and bottles, white goods (appliances), aluminum, and tin and bi-metal cans.
"Community composting"means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 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.
"Compost"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 post-consumer waste paper grade corrugated cardboard (#11), kraft (brown) paper bags or solid fiber boxes which have served their packaging purpose and are discarded and can later be reclaimed for collection and recovery for recycling.
"C&D"means construction and demolition debris.
"Designated recyclable materials"mean materials that are recyclable and/or reusable within the following categories of residential, commercial (office and hospitality) and industrial as defined more specifically within each category as listed within this chapter.
"Designee"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. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
means food intended for human consumption, or as otherwise defined in 14 CCR Section
18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section
18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in
14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
means an action of the city to address noncompliance with this chapter, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
"Excluded waste"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. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the city's collection programs and the generator or customer 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).
means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section
18982(a)(24).
means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section
18982(a)(25), including, but not limited to:
1. A food bank as defined in Section
113783 of the Health and Safety Code;
A nonprofit charitable organization as defined in Section
113841 of the Health and Safety code; and,
A nonprofit charitable temporary food facility as defined in Section
113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). |
If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter. |
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 all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.
"Food service provider"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.
"Food waste"means food scraps, food-soiled paper, and compostable plastics.
"Glass bottles and jars"mean food and beverage glass containers including container glass covered by the deposit law, and excluding household and kitchen containers such as drinking glasses, cups and cooking and serving dishes.
"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 gray container waste.
means solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections
18984.1(a) and
(b), or as otherwise defined in 14 CCR Section
17402(a)(6.5).
has the same meaning as in 14 CCR Section
18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container 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 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 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 any establishment that offers dining services or food or beverage sales including taverns, bars, cafeterias and restaurants, as well as motels and hotels, hospitals, schools, colleges and other such establishments that have dining services or a restaurant or bar on their premises.
"Industrial recyclables"mean recyclables from industry/construction waste streams including dirt, asphalt, sand, land-clearing brush, concrete and rock.
"Inspection"means a site visit where the city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in 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).
means magazines, junk mail, phone books and cereal and other noncorrugated food boxes generated by residential households.
"Multifamily residential dwelling" or "multifamily"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.
"Multifamily residential recyclables"mean those specific recyclable materials from the residential waste stream, including, but not limited to, newspaper, plastic beverage bottles, other plastic bottles marked PET or PETE (1) and HDPE (2) on bottom of container, aluminum, tin and bi-metal cans, yard wastes, white goods (appliances) and glass bottles and jars.
"MWELO"refers to the Model Water Efficient Landscape Ordinance (MWELO),
23 CCR, Division 2, Chapter 2.7.
includes, but is not limited to, paper that is coated in a plastic material that will not break down 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 jurisdiction's enforcement authority, or as otherwise defined in 14 CCR Section
18982(a)(42):
1. Special district(s) located within the boundaries of the city.
Public universities (including community colleges) located within the boundaries of the city.
State agencies located within the boundaries of the city.
Facilities operated by the state park system located within the boundaries of the city.
"Nonorganic recyclables"means nonputrescible and nonhazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section
18982(a)(43).
(NOV) 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).
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).
mean plastic containers with narrow necks, or mouth openings smaller than the diameter of the container bodies, used for containing milk, juice, soft drinks or water intended for human consumption; to be distinguished from non-food bottles such as those for containing motor oil, detergent or other household products.
"Printing and writing papers"include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section
18982(a)(54).
means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container; (2) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container; (3) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in city's green container and/or blue container; and (4) excluded waste placed in any container.
"Recyclable materials"mean materials which would otherwise become solid waste, and which can be collected, separated and processed and returned to use in the form of raw materials or products.
"Recycled-content paper"means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section
18982(a)(61).
means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
"Removal"means the act of taking solid waste materials or recyclables from the place of generation either by an approved collector, agent for the collector, or by a person in control of the premises.
"Renewable gas"means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by
14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section
18982(a)(62).
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).
means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section
18982(a)(65).
means nonputrescible solid wastes such as ashes, glass, bedding, crockery, nonrecyclable plastics, rubber by-products or litter.
"SB 1383"means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the
Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part
3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CALRecycle and adopted in 2020 that created
14 CCR, Division 7, Chapter 12 and amended portions of regulations of
14 CCR and
27 CCR.
means any of the following: the placement of recyclables in separate containers; the binding of recyclable material separately from the other waste material; the physical separation of recyclables from other waste material.
"Self-hauler"means a person who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section
18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section
18982(a)(66)(A).
means of, from, or pertaining to any residential premises with fewer than five units.
"Single-family residential recyclables"mean those specific recyclable materials from the residential waste stream including, but not limited to, newspaper, mixed paper, plastic beverage bottles, other plastic bottles marked PET or PETE (1) and HDPE (2) on bottom of container, aluminum, tin and bi-metal cans, yard wastes, white goods (appliances) and glass bottles and jars.
"Solid waste"has the same meaning as defined in State Public Resources Code Section
40191, which defines solid waste as all putrescible and nonputrescible solid, semi-solid, 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 semi-solid wastes, with the exception that solid waste does not include any of the following wastes:
1. Hazardous waste, as defined in the State 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 State 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 State Public Resources Code.
"Source separated"means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section
17402.5(b)(4). For the purposes of the chapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste/mixed 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 that is limited to the collection of those organic wastes and nonorganic recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
"Source separated green container organic waste"means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, noncompostable paper, and textiles.
"State"means the State of California.
"Supermarket"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 a commercial edible food generator that is one of the following:
2. Grocery store with a total facility size equal to or greater than ten thousand square feet.
Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter. |
"Tier two commercial edible food generator"means a commercial edible food generator that is one of the following:
1. Restaurant with 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.
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. |
"Wholesale food vendor"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).
mean leaves, grass, weeds and wood materials from trees and shrubs.
(Ord. 206 § 1, 1993; Ord. 459 § 3, 2021)