For the purposes of this article, 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. 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 article. Additionally, for the purposes of this article, the definitions in 14 CCR Section 18982 shall control for terms used in this article and not defined in this Code. 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. 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specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded and replaced from time to time.
The California 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).
The State of California Code of Regulations. CCR references in this article are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of the CCR).
A collection service that collects corrugated cardboard that is greater than two cubic feet in size when flattened and stacked in a pile within five feet of the curb or on the ground next to the dark blue container or split blue container for collection by the city's contract hauler. Corrugated cardboard of any size placed in a container used only for the purpose of collection of cardboard by the city's contract hauler.
The city employee or agent of the city, including the city's designee with the authority to enforce any provision of this article, or as otherwise defined in Section 1.02.020 of this Code.
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 the purposes of implementing this article.
A tier one or a tier two commercial edible food generator as 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).
A review of records by the city to determine compliance with this article.
Apartments, quadruplexes, condominiums, mobile home parks and other resident occupancies at which wastes from individual resident units are commingled in a common container or a group of containers.
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).
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).
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).
A container, regardless of color, that contains prohibited container contaminants; or as otherwise defined in 14 CCR Section 18982(a)(55).
includes:
Discarded materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, metals, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and/or lumber, generated as part of a construction, demolition or renovation project; of a structure and/or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction or demolition project;
Clean cardboard, paper, plastic, wood, and metal scraps resulting from any construction or demolition project;
Other nonhazardous wastes that are generated at construction or demolition projects provided such amounts are consistent with best management practices of the industry.
The entity under contract with the city to haul solid waste in the city.
Any person or entity that the city or contract hauler bills for solid waste services provided by the contract hauler.
A container that is part of the city's collection service for generators that are commercial businesses, including multifamily residential dwellings, with a dark blue lid and body and used only for the purpose of storage and collection of source separated dark blue container organic waste; or as otherwise defined in 14 CCR Section 18982(a)(5). Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of source separated dark blue container organic waste and that do not comply with the color requirements of 14 CCR Sections 18982(a)(5) and 18984.1(a)(6)(B) shall be deemed to be dark 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.
The side of a split blue container that has a dark blue lid and is used only for the purpose of storage and collection of source separated dark blue container organic waste. Notwithstanding the foregoing, a functional side of a split blue container purchased prior to January 1, 2022 that is used for the storage and collection of source separated dark blue container organic waste and that does not comply with the color requirements of 14 CCR Sections 18982(a)(5) and (6)(B) (including a side of a split blue container with a black lid, instead of a dark blue lid, on the section of the container used only for the purpose of storage and collection of source separated dark blue container organic waste) shall be deemed to be the dark blue side of the split blue container.
An entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this article as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, including the city's contract hauler, a private entity, or a combination of those entities.
Food intended for human consumption; or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this article 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 article requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
An action of the city to address noncompliance with this article, including, but not limited to, issuing administrative citations, citations for an infraction, fines, penalties, or using other remedies; or, as otherwise defined in 14 CCR Section 18982(a)(19).
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 code compliance administrator'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.
A commercial business that distributes food to entities, including, but not limited to, supermarkets and grocery stores.
A food facility as defined in Section 113789 of the State Health and Safety Code.
Actions to collect and distribute edible food for human consumption which otherwise would be disposed
An entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities including, but not limited to: (1) a food bank as defined in Section 113783 of the State Health and Safety Code; (2) a nonprofit charitable organization as defined in Section 113841 of the State Health and Safety Code; and (3) a nonprofit charitable temporary food facility as defined in Section 113842 of the State Health and Safety Code. A food recovery organization is not a commercial edible food generator for the purposes of this article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
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 edible food recovery.
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. Acceptable food scraps may be added to or removed from this list from time to time by the city.
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.
Compostable paper material that has come in contact with food or liquid, such as, but not limited to, paper towels, compostable paper plates, paper coffee cups, napkins, and pizza boxes. Acceptable food-soiled paper may be added to or removed from this list from time to time by the city.
Food scraps, food-soiled paper, and compostable plastics.
A person or entity that is responsible for the initial creation of solid waste, and with respect to organic waste, 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).
A container that is part of the city's collection service for all generators and used only for the purpose of storage and collection of gray container waste; or, as otherwise defined in 14 CCR Section 18982(a)(28). Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of gray container waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28), shall be deemed to be gray 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.
Solid waste that is collected in a gray container that is part of the city's container collection service for all generators 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).
A container that is part of the city's collection service for all generators and used only for the purpose of storage and collection of source separated green container organic waste; or as otherwise defined in 14 CCR Section 18982(a)(29). Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of source separated green container 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.
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).
Waste defined as hazardous by State Public Resources Section 40141; namely, a waste or combination of wastes which, because of its quantity, concentration, toxicity, or physical, chemical or infectious characteristics, may do either of the following: (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. "Hazardous waste" includes extremely hazardous waste and acutely hazardous waste, and any other waste as may hereafter from time to time be designated as hazardous by the Environmental Protection Agency (EPA) or other agency of the United States government, or by the California legislature or any agency of the State of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous.
A facility that is in compliance with the reporting requirements of 14 CCR 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.
Single-family houses, each dwelling unit of a duplex, triplex, quadruplex, mobile home park, condominium or other residence facility at which wastes are stored and made available for collection by or at each individual residence unit.
Wastes produced in large quantities from factories, industrial plants, and mining plants.
A site visit where the city or its designee 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 article; or, as otherwise defined in 14 CCR Section 18982(a)(35).
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.
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 the purposes of this section, 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 the purposes of this article, 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.
A container that is part of the city's collection service for generators that are commercial businesses, including multifamily residential dwellings, with a light blue lid and body used only for the purpose of storage and collection of source separated non-organic recyclables. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of source separated non-organic recyclables and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) and Section 18984.1(a)(6)(B) shall be deemed to be light 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.
The side of a split blue container that has a light blue lid and is used only for the purpose of storage and collection of source separated non-organic recyclables. Notwithstanding the foregoing, the functional side of a split blue container purchased prior to January 1, 2022 that is used for the storage and collection of non-organic recyclables and that does not comply with the color requirements of 14 CCR Sections 18982(a)(5) and (6)(B) (including a side of a split blue container with a blue lid, instead of a light blue lid, on the section of the container used only for the purpose of storage and collection of source separated non-organic recyclables) shall be deemed to be the light blue side of the split blue container.
A school district, charter school, or county office of education that is not subject to the control of the city's regulations related to solid waste; or, as otherwise defined in 14 CCR Section 18982(a)(40).
Of, from, or pertaining to residential premises with five or more dwelling units. In multifamily residential dwellings wastes from individual resident units are commingled in a common container or a group of containers. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
Paper that is coated in a plastic or metal material that will not breakdown in the composting process and other similar materials; or, as otherwise defined in 14 CCR Section 18982(a)(41).
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) that can be placed in a light blue container or the light blue side of a split blue container that is limited to the collection of such materials.
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.
Individually serviced and communally serviced residences, single-family residences, governmental and commercial establishments, commercial businesses, including multifamily residential dwellings, factories and other industrial plants and any other development or premises on a parcel of land.
Solid waste 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).
Paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling and other similar materials; or as otherwise defined in 14 CCR Section 18982(a)(51).
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 and other similar materials; or as otherwise defined in 14 CCR Section 18982(a)(54).
Unless otherwise defined in 14 CCR Section 18982(a)(55): (1) discarded materials placed in the light blue container that are not identified as acceptable source separated non-organic recyclable materials for the light blue container; (2) discarded materials placed in the dark blue container that are not identified as acceptable source separated dark blue container organic waste for the dark blue container; (3) discarded materials placed in the light blue side of the split blue container that are not identified as acceptable source separated non-organic recyclable materials for the light blue side of the split blue container; (4) discarded materials placed in the dark blue side of a split blue container that are not identified as acceptable source separated dark blue container organic waste for the dark blue side of the split blue container; (5) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the green container; (6) discarded materials placed in the gray container that are identified as acceptable source separated recyclable materials to be placed in the light blue container, dark blue container or split blue container and source separated green container organic waste to be placed in the green container; and (7) excluded waste placed in any container.
Buildings, structures and outdoor recreation areas owned by the city and other similar structures and areas.
Person who holds the director position within the public works department of the city.
Wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases or other offensive conditions, and include materials such as food wastes, offal and dead animals.
Any activity or process described in 14 CCR Section 18983.1(b); or as otherwise defined in 14 CCR Section 18982(a)(49).
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 ).
Materials, whether source separated or not, that if source separated would be considered source separated dark blue container organic waste that can be placed in the dark blue container or dark blue side of a split blue container, non-organic recyclables that can be placed in the light blue container or the light blue side of a split blue container or cardboard that can be collected in the city's cardboard collection service.
Space allocated for collecting and loading of source separated recyclable materials and source separated organic waste. Such areas shall have the ability to accommodate the appropriate receptacles for source separated recyclable materials and source separated organic waste. For existing residential buildings or projects between five and nine living units, "recycling areas or areas for recycling" may mean, at the discretion of the city's community development and sustainability department, curbside recycling.
Regional agency or county agency enforcement official, which the city may designate with responsibility for enforcing this article in conjunction or consultation with the code compliance administrator.
An enclosure providing privacy to the user of a single toilet in a public restroom.
As designated by the city, these are areas where, in the public works director's opinion, a combination of high density, lack of space for containers or yard waste piles, and street width under thirty feet makes the curbside placing, maintaining and/or collection of solid waste, including cardboard, gray container waste, source separated green container organic waste, source separated dark blue container waste or non-organic recyclables, hazardous to the health and welfare of the residents.
A visual inspection of containers along a hauler route for the purpose of determining container contamination which may include mechanical inspection methods such as the use of cameras; or as otherwise defined in 14 CCR Section 18982(a)(65).
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.
A person or entity, who, in compliance with all applicable requirements of this article, hauls solid waste, including organic waste or recyclable materials, they have generated themselves to a recycling, processing or disposal facility; or, as otherwise defined in 14 CCR Section 18982(a)(66). Self-hauler also includes a person or entity who back-hauls waste. Back-haul means generating and transporting 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). Self-haulers also include gardeners and landscapers who haul material.
Of, from, or pertaining to any residential premises with fewer than five units.
Unless otherwise defined in State Public Resources Code Section 40191, all putrescible and non-putrescible 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:
Hazardous waste, as defined in the State Public Resources Code Section 40141.
Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code).
Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the 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 State Public Resources Code.
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 article, 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 of those materials.
Source separated organic waste that can be placed in a dark blue container or the dark blue side of a split blue container, each of which is limited to the collection of source separated dark blue container organic waste; or as otherwise defined by 14 CCR Sections 17402(a)(26.7) and 18982(a)(43) or specified in 14 CCR Section 18984.1(a) and (b) or Section 18984.2 (a)(2). Unless otherwise specified by the city, source separated dark blue container organic waste includes paper products, printing and writing paper, and cardboard less than two cubic feet when flattened but excludes cardboard in excess of two cubic feet when flattened and source separated green container organic waste.
Source separated organic waste that can be placed in a green container, including food waste, food-soiled paper, and yard waste, that is limited to the collection of that organic waste; or as otherwise specified in 14 CCR 18984.1(a) and (b), and excludes non-compostable paper, and textiles.
Source separated non-organic recyclables and source separated dark blue container organic waste.
Wastes not fitting into the above categories, including, but not limited to, dead animals, abandoned automobiles and major parts thereof, large furniture objects, tree trunks, stumps, sod, garden rubble, dirt, and major limbs exceeding eight inches in diameter.
A split container that is part of the city's collection service for single-family generators consistent with 14 CCR Section 18984.1(a)(6)(B) with a light blue lid on the section of the container used only for the purpose of storage and collection of source separated non-organic recyclables and dark blue lid on the section of the container used only for the purpose of storage and collection of source separated dark blue container organic waste. Notwithstanding the foregoing, functional split 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) and (6)(B) (including containers with a blue lid on the section of the container used only for the purpose of storage and collection of source separated non-organic recyclables and a black lid on the section of the container used only for the purpose of storage and collection of source separated dark blue container organic waste) shall be deemed to be split 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.
The State of California.
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).
A commercial edible food generator that is one of the following: (1) supermarket; (2) grocery store with a total facility size equal to or greater than ten thousand square feet; (3) food service provider; (4) food distributor; or (5) wholesale food vendor.
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; (2) hotel with an on-site food facility and two hundred or more rooms; (3) health facility with an on-site food facility and one hundred or more beds; (4) large venue; (5) large event; (6) a state agency with a cafeteria with two hundred fifty or more seats or a total cafeteria facility size equal to or greater than five thousand square feet; or (7) a local education agency with an on-site food facility.
Trimmings and prunings (maximum branch diameter of eight inches) from trees and shrubs, leaves, grass clippings, weeds, vines, dropped fruit from on-site trees, arising from the development, maintenance and care of residential gardens and yards.
A collection service that collects yard waste that is placed in a pile for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
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. 955 § 2; Ord. 967 § 2; Ord. 1254 § 1; Ord. 1524 § 1; Ord. 2054 § 1, 2001; Ord. 2173 § 1, 2005; Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021; Ord. 2663, 8/27/2024)