A. "Blue container"
has the same meaning as in 14 CCR Section 18982.2(a)(5) and will be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste. The "blue container" for commercial businesses may include green bins until the containers reach the end of their useful life, or until their replacement is required by state law, whichever comes first.
B. "CalRecycle"
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).
C. "California Code of Regulations" or "CCR"
means the State of California Code of Regulations. CCR references in this chapter 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).
E. "City enforcement entity"
means any city employee or employee of a contracting agency, including the county, or any agent of the city, having the authority to enforce any applicable law or regulation in this chapter. The designee for edible food recovery is a city enforcement entity. For purposes of this chapter, "city enforcement entity" includes those persons authorized to exercise enforcement authority pursuant to MMC § 1.05.020.
F. "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 residential dwelling units is not a commercial business for purposes of implementing this chapter.
Commercial businesses that are tier one or tier two commercial edible food generators will comply with edible food recovery requirements contained in the requirements for tier one and tier two commercial edible food generators section of this chapter, including the self-hauling provisions. |
G. "Commercial edible food generator"
includes a tier one or a tier two commercial edible food generator as defined in this chapter. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.
H. "Compliance review"
means a review of records by the city or its designee to determine compliance with this chapter.
I. "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).
J. "Compost"
has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of 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.
K. "Compostable plastics" or "compostable plastic"
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).
L. "Container contamination" or "contaminated container"
means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
N. "Designee"
means an entity that a 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 (e.g., designee for edible food recovery).
O. "Designee for edible food recovery"
means the county of San Mateo's office of sustainability with which the city has a memorandum of understanding for the purposes of edible food recovery including, but not limited to, inspection, investigation, and enforcement of the edible food recovery provisions of this chapter. Contact information for the designee for edible food recovery can be found on the county of San Mateo office of sustainability website.
P. "Edible food"
means food intended for and fit for human consumption and collected or received from a tier one or tier two commercial edible food generator. For the purposes of this chapter, "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.
Q. "Edible food recovery"
means actions to collect, receive, and/or redistribute edible food for human consumption from tier one and tier two commercial edible food generators that otherwise would be disposed.
R. "Enforcement action"
means an action of the city or the city enforcement entity to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
S. "Excluded waste"
means hazardous substances, 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, cell phones, and household batteries generated by single-family residential premises.
T. "Food distributor"
means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.
U. "Food facility"
has the same meaning as in Section 113789 of the Health and Safety Code.
V. "Food recovery"
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).
W. "Food recovery organization"1. 2. 3.
means an entity that, using its own employees and equipment, engages in the collection or receipt of edible food from tier one or tier two commercial edible food generators and distributes that edible food either directly or through other entities, including, but not limited to:
A food bank as defined in Section 113783 of the Health and Safety Code;
A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and
A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). |
X. "Food recovery service"
means a person or entity that, using its own employees and equipment, collects and transports edible food from a tier one or tier two commercial edible food generator to a food recovery organization or other entities for food recovery. 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).
Y. "Food scraps"
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, and are not absorbed into food-soiled paper.
Z. "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.
AA. "Food-soiled paper"
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 other cartons composed of compostable materials, but excluding paper containers that are lined with, or otherwise include, noncompostable materials.
BB. "Food waste"
means food scraps and food-soiled paper.
CC. "Gray container"
has the same meaning as in 14 CCR Section 18982.2(a)(28) and will be used for the purpose of storage and collection of gray container waste.
DD. "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).
EE. "Green container"
has the same meaning as in 14 CCR Section 18982.2(a)(29) and will be used for the purpose of storage and collection of source separated green container organic waste. The "green container" for commercial businesses may include green bins with a brown stripe around the top until the containers reach the end of their useful life, or until their replacement is required by state law, whichever comes first.
FF. "Greenhouse gas (GHG)"
means carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and other fluorinated greenhouse gases as defined in this section.
GG. "Greenhouse gas emission reduction" or "greenhouse gas reduction"
means actions designed to achieve a calculated decrease in greenhouse gas emissions over time.
HH. "Grocery store"
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.
II. "Hauler route"
means the designated itinerary or sequence of stops for each segment of the city's solid waste collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
JJ. "High diversion organic waste processing facility"
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).
KK. "Inspection"
means a site visit where the city or city enforcement entity 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).
For the purposes of edible food recovery, "inspection" means actions to review contracts and other records related to the recovery of edible food, and may occur off site via email and other forms of electronic communication, as well as the on-site review of an entity's records and collection, handling, and other procedures for the recovery of edible food to determine if the entity is complying with the requirements of this chapter. |
LL. "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) will apply to this chapter.
MM. "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 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) will apply to this chapter.
NN. "Local education agency"
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).
OO. "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.
QQ. "Noncompostable paper"
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). This definition includes, but is not limited to, laminated and plastic-lined paper items, foil/metallic paper, photo paper, baby and disinfecting wipes, and paper coated in hazardous or toxic fluids/products.
RR. "Nonlocal entity"
means the following entities that are not subject to the city's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
SS. "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).
TT. "Notice of violation (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.
UU. "Organic waste"
means 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).
VV. "Organic waste generator"
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).
WW. "Paper products"
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).
XX. "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).
YY. "Prohibited container contaminants"
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 the city's green container and/or blue container; and (4) excluded waste placed in any container.
ZZ. "Recovered organic waste products"
means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
AAA. "Recovery"
means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
BBB. "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).
CCC. "Regional agency"
means regional agency as defined in Public Resources Code Section 40181.
DDD. "Regional enforcement official"
means a regional or county agency enforcement official, designated by the city with responsibility for enforcing this chapter in conjunction or consultation with the city enforcement entity.
EEE. "Remote monitoring"
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.
FFF. "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).
GGG. "Restaurant"
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).
HHH. "Route review"
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).
III. "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.
KKK. "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).
For the purposes of edible food recovery, "self-hauler" means a commercial edible food generator which holds a contract with and hauls edible food to a food recovery organization or other site for redistribution according to the requirements of this chapter. |
LLL. "Single-family"
means of, from, or pertaining to any building with fewer than five dwelling units. "Building" and "dwelling unit" are defined in Chapter 10.05 MMC.
MMM. "Solid waste"1. 2. 3.
has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:
Hazardous waste, as defined in the 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 will 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 will be regulated pursuant to Division 30 of the State Public Resources Code.
NNN. "Solid waste franchisee"
means an entity that has entered into an agreement with the city for collection of municipal solid waste in the city of Millbrae.
OOO. "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 this chapter, "source separated" will 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.
PPP. "Source separated blue container organic waste"
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).
QQQ. "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.
RRR. "Source separated recyclable materials"
means source separated nonorganic recyclables and source separated blue container organic waste.
TTT. "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).
UUU. "Tier one commercial edible food generator"1. 2. 3. 4. 5.
means a commercial edible food generator that is one of the following:
Supermarket.
Grocery store with a total facility size equal to or greater than ten thousand square feet.
Food service provider.
Food distributor.
Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) will apply to this chapter. |
VVV. "Tier two commercial edible food generator"1. 2. 3. 4. 5. 6. 7.
means a commercial edible food generator that is one of the following:
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.
Large venue.
Large event.
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) will apply to this chapter. |
WWW. "Uncontainerized green waste and yard waste collection service" or "uncontainerized service"
means a collection service that collects green waste and yard waste that is placed in a pile or bagged 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).
XXX. "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).
YYY.
All references are to California state laws and regulations, as they may be amended. Where a definition or reference in this chapter is in conflict with a state law or regulation, the state law or regulation will apply.
(Ord. 791 § 1)