The purpose of this chapter is to:
(A) 
Promote the health, safety, and general welfare of the public; minimize detrimental effects to communities and neighborhoods; and protect the environment by:
(1) 
Providing for the safe and orderly collection, processing, reuse, and/or disposal of discarded materials;
(2) 
Requiring a level of service and maintenance for private property with regard to discarded materials accumulation, collection, processing, and disposal, which will protect the public from the health and safety hazards and the impairment of property values resulting from the accumulation of discarded materials on such private property; and
(3) 
Ensuring that public spaces are kept clean and protected from the health, safety, and environmental hazards resulting from illegal disposal of discarded materials or improper use of discarded materials receptacles.
(B) 
Achieve County and State-wide goals to reduce landfill disposal and greenhouse gas emissions by:
(1) 
Increasing the amount of organic materials, recyclable materials, reusable materials, construction and demolition debris, and excluded waste that is diverted from landfills; and
(2) 
Increasing the amount of edible food that is diverted from the waste stream and recovered for human consumption, which additionally benefits local communities by supporting efforts to address food insecurity.
(Ord. 5383 § 2, 2021)
For the purposes of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
(A) 
"Alternative daily cover" or "ADC"
has the same meaning as in Section 20690 of Title 27 of the California Code of Regulations.
(B) 
"Alternative intermediate cover" or "AIC"
has the same meaning as in Section 20700 of Title 27 of the California Code of Regulations.
(C) 
"Applicable law"
means all laws, statutes, rules, regulations, guidelines, permits, actions, determinations, orders, approvals, or requirements of the United States, State of California, County, regional or local government authorities, agencies, boards, commissions, courts, or other bodies having applicable jurisdiction, that from time to time apply to or govern the management of discarded materials or any other materials or processes described in this chapter.
(D) 
"Bulky item"
means any discarded items such as furniture, home or industrial appliances, tires, carpets, mattresses, and similar large items that may require special collection or handling due to their size or nature.
(F) 
"Certified electronic device recycler"
means an electronic device recycler that has been certified by a third-party organization designated by the County.
(G) 
"Commercial" or "commercial business"
means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, or industrial facility; or as otherwise defined in 14 CCR Section 18982(a)(6), with the exception that multi-family is excluded from the definition of commercial for the purposes of this chapter. Commercial does not include businesses conducted upon residential property which are permitted under applicable zoning regulations and are not the primary use of the property, unless that business is expressly included under 14 CCR Section 18982(a)(6).
(H) 
"Commercial edible food generator"
means a tier one commercial edible food generator or a tier two commercial edible food generator. For the purposes of this chapter, food recovery organizations or food recovery services are not commercial edible food generators.
(I) 
"Community composting"
means any activity or operation that composts green material, yard trimmings, agricultural material, and food scraps, 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. If the feedstock parameters specified in 14 CCR Section 18982(a)(8) differ from those specified in this definition, the parameters defined in 14 CCR Section 18982(a)(8) shall apply to this chapter. A community composting operation does not include a composting operation that is located on private property and only processes material generated at the premises; including, but not limited to, residential backyard composting or on-site composting at a farm that does not accept and process external material.
(J) 
"Container"
means a receptacle where discarded materials are placed, including: carts, cans, bins, compactors, roll-off bins, drop boxes, or any other receptacle approved for use in the County's discarded materials collection program.
(K) 
"Construction and demolition debris" or "C&D"
includes discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair, or demolition operations on any pavements, excavation projects, houses, or other structures.
(L) 
"County"
means the County of Santa Cruz, California, a political subdivision of the State of California, and its duly authorized representatives.
(M) 
"County-authorized service provider"
means a permittee or franchisee authorized by the County Board of Supervisors which has received written approval, through an agreement or otherwise, to collect, transport, transfer, process, and/or dispose of discarded materials within the unincorporated areas of the County.
(N) 
"County resource management facility"
means a facility that has been approved by the County to accept discarded materials from the County's recyclable materials collection program, organic materials collection program, or discarded materials collection program, including material from approved self-haulers; or is otherwise approved to accept discarded materials generated in the County. This may include, but is not limited to: material recovery facilities, recycling centers, composting facilities, transfer stations, and approved disposal sites.
(O) 
"Covered materials"
means those discarded materials required to be segregated from solid waste for the purpose of landfill diversion, including recyclable materials, organic materials, and C&D.
(P) 
"Designated collection location"
means the place where a County-authorized service provider has arranged to receive segregated recyclable materials.
(Q) 
"Director"
means Director of the Santa Cruz County Department of Public Works, or their designee.
(R) 
"Discarded materials"
means any one or combination of solid waste, recyclable materials, organic materials, organic waste, C&D, e-waste, reusable materials, or other material discarded by a generator.
(S) 
"Discarded materials collection program"
means the full range of services provided by the County to facilitate the collection, transfer, processing, and/or disposal of discarded materials; including services provided by County resource management facilities, County-authorized service providers, the County itself, or any other entities approved by the County to collect, transport, process, or dispose of discarded materials or provide other program services. The scope of these services, including the materials accepted and the scope of the program, shall be specified in the franchise agreement(s) between the County and County-authorized service provider(s); agreements or permits for County resource management facilities; or as otherwise defined and approved by the County.
(T) 
"Drop box" or "roll-off"
means an open-top container with a capacity of 10 to 40 cubic yards that is serviced by a roll-off collection vehicle.
(U) 
"Edible food"
means food intended for human consumption. For the purposes of this chapter, edible food is not considered solid waste or discarded material if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
If the definition in 14 CCR Section 18982(a)(18) for edible food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this chapter.
(V) 
"Electronic device"
means any device powered by electricity (including batteries) that contains circuitry and may be identified by the State of California as hazardous waste, whether whole or in fragments, including parts, components, or assemblies thereof. Examples include, but are not limited to: televisions, computers, central processing units, mobile computers (including notebooks, netbooks, tablets, and e-book readers), computer accessories (including input devices, webcams, speakers, data storage devices, servers, and monitors), televisions (including portable televisions and portable DVD players), video display devices (including digital picture frames and portable video devices), digital imaging devices (including printers, copiers, facsimile machines, image scanners, and multifunction machines), television peripheral devices (including video cassette recorders, DVD players, video game systems, game controllers, signal converter boxes, and cable and satellite receivers), digital cameras and projectors, digital audio players, telephones and electronic communication equipment (including cellular phones and wireless internet communication devices), networking devices (including routers, network cards, modems, and hubs), audio equipment, portable video game systems, personal digital assistants, portable global positioning system navigation devices and microwave ovens. "Electronic device" does not include motor vehicles or large appliances.
(W) 
"Electronic device collector"
means any person, partnership, corporation or other entity who collects or gathers electronic devices for processing or delivery to an electronic device recycler.
(X) 
"Electronic device recycler"
means an entity that includes as part of its operations the recycling or processing of electronic devices.
(Y) 
"Electronic waste" or "e-waste"
means any electronic device which is discarded, collected, and/or transported for recycling, processing, reuse, or disposal. Some e-waste or components thereof may be hazardous waste or include hazardous substances, and thus may require special handling, processing, or disposal.
(Z) 
"Electronic waste collection event" or "e-waste collection event"
means any one-time or ongoing event or activity organized by individuals, groups, electronic device collectors, electronic device recyclers, or other entities with the intended purpose of collecting, gathering, or otherwise accepting e-waste for recycling or delivery to a certified electronic device recycler. Examples include, but are not limited to, curbside pickups, door-to-door pickups, parking lot drop-offs, one-time collection events, permanent collection sites, or an organization's in-house electronic device management program.
(AA) 
"Enforcement officer"
means a representative of any County department authorized by the Santa Cruz County Board of Supervisors to enforce the provisions of this chapter by issuing citations.
(BB) 
"Excluded waste"
means any hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substance or material that the County, County-authorized service provider(s), or County resource management facility operator(s) 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 County's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance, or otherwise create or expose the County or a County-authorized service provider to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in residential discarded materials 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.
(CC) 
"Exemption approval"
shall mean permission or approval of a requested exception for self-haulers or other exemption from the applicable requirements of Article IV or Article VI of this chapter, authorized in writing by the Director.
(DD) 
"Food recovery"
means actions to collect and distribute edible food for human consumption which otherwise would be disposed; or as otherwise defined in 14 CCR Section 18982(a)(24).
(EE) 
"Food recovery organization"
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, 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.
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.
(FF) 
"Food recovery service"
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).
(GG) 
"Food scraps"
means those discarded food and food-soiled materials that will decompose and/or putrefy and are specifically approved by the County for collection in its organic materials collection program. "Food scraps" is a subset of organic materials.
(HH) 
"Generator"
means any person whose act or process produces discarded materials, or whose act first causes discarded materials to become subject to regulation.
(II) 
"Hazardous waste"
means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.
(JJ) 
"Household hazardous waste" or "HHW"
means hazardous waste generated at residential premises within the unincorporated areas of the County. HHW may include, but is not limited to: electronic waste, universal waste, paint, stain, varnish, thinner, adhesives, auto products such as old fuel, used motor oil, used oil filters, cleaners and sprays, pesticides, fertilizers and other garden products, hazardous wood waste, needles, syringes, and lancets; or as otherwise specified by an approved agreement between the County and a County-authorized service provider.
(KK) 
"Household medical waste"
means any home-generated medical waste.
(LL) 
"Illegal dumping" or "illegal disposal"
or any variation thereof, means the willful throwing, dropping, placing or depositing of any discarded materials, bulky item, hazardous waste, household medical waste, solid waste, or liquid waste on any public or private property in the unincorporated area of the County that is not approved and appropriately permitted as a processing or disposal site for the type of solid waste thrown, dropped, placed or deposited at the site.
(MM) 
"Large event"
means "large event" as defined by 14 CCR Section 18982(a)(38).
(NN) 
"Large venue"
means "large venue" as defined by 14 CCR Section 18982(a)(39).
(OO) 
"Liquid waste"
means all forms of liquid waste not otherwise defined in or otherwise deemed to fall within the coverage afforded by Health and Safety Code Section 25117; including but not limited to gray water, black water, water-based or oil-based paints; chemical solutions; non-potable water contaminated with any substance rendering it unusable for irrigation or construction; oils, fuels, hydrocarbon liquids, and other petroleum distillates or byproducts.
(PP) 
"Medical waste"
means materials which are generated or produced as a result of diagnosis, treatment, or immunization of humans or animals; the production or testing of biologicals and sharps waste; laboratory waste including human or animal specimen cultures from medical and pathology laboratories; cultures and stock of infectious agents from research and industrial laboratories; waste from the production of bacteria, viruses, spores, discarded live and attenuated vaccines used in human health care or research, and discarded animal vaccines; human or animal surgery specimens or tissues; waste containing materials contaminated with excretion exudates or secretions from humans that are required to be isolated by infection control staff, the attending physician, or local health officer to protect others from highly communicable diseases; biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and other similar establishments that are identified in Health and Safety Code Section 25117.5 as may be amended from time to time.
(QQ) 
"Multi-family dwelling" or "multi-family"
means any residential premises with five or more dwelling units, regardless of whether residence therein is temporary or permanent.
(RR) 
"Organic materials" or "organics"
means those discarded materials specifically approved by the County for collection in its organic materials collection program. "Organic materials" includes yard trimmings and food scraps. No discarded materials shall be considered organic materials, however, unless such material is segregated from solid waste, recyclable materials, and other discarded materials. "Organic materials" is a subset of organic waste.
(SS) 
"Organic materials collection program"
means the full range of services provided by the County to facilitate the collection and processing of organic materials; including services provided by County resource management facilities, County-authorized service providers, the County itself, or any other entities approved by the County to collect, transport, or process organic materials or provide other program services. The scope of these services, including the materials accepted and the scope of the program, shall be specified in the franchise agreement(s) between the County and County-authorized service provider(s); agreements or permits for County resource management facilities; or as otherwise defined and approved by the County. The organic materials collection program is a subset of the County's discarded materials collection program.
(TT) 
"Organic waste"
means 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).
(UU) 
"Person"
means an individual, association, co-partnership, political subdivision, government agency, municipality, industry, commercial business, public or private corporation, firm, organization, partnership, joint venture, or any other entity whatsoever.
(VV) 
"Premises"
means any land or building within the unincorporated areas of the County. Premises include permanent and transient human dwellings and places of accommodation, commerce, or recreation; and, the property, easements abutting sidewalks, alleyways and the untraveled portion of an abutting public street.
(WW) 
"Prohibited container contaminants"
means any discarded material placed in a generator's container that is not intended or permitted for collection in that container, such as:
(1) 
Discarded materials placed in the recyclable materials container that are not identified as acceptable recyclable materials for the County's recyclable materials collection program;
(2) 
Discarded materials placed in the organic materials container that are not identified as acceptable organic materials for the County's organic materials collection program;
(3) 
Discarded materials placed in the solid waste container that are defined as acceptable materials to be placed in the recyclable materials container or organic materials container under the County's recyclable materials collection program and organic materials collection program, respectively; and
(4) 
Excluded waste placed in any container.
(XX) 
"Recyclable materials" or "recyclables"
means those discarded materials specifically approved by the County for collection in its recyclable materials collection program. No discarded materials shall be considered recyclable materials, however, unless such material is segregated from solid waste, organic materials, and other discarded materials.
(YY) 
"Recyclable materials collection program"
means the full range of services provided by the County to facilitate the collection and processing of recyclable materials; including services provided by County resource management facilities, County-authorized service providers, the County itself, or any other entities approved by the County to collect, transport, or process recyclable materials, or provide other program services. The scope of these services, including materials accepted and program requirements, shall be specified in the franchise agreement(s) between the County and County-authorized service provider(s); agreements or permits for County resource management facilities; or as otherwise defined and approved by the County. The recyclable materials collection program is a subset of the County's discarded materials collection program.
(ZZ) 
"Residential"
means of, from, or pertaining to a single-family premises or multi-family premises, including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, cooperative apartments, yacht harbors and marinas where residents live aboard boats, or other premises that are or may be designated as residential by the County.
(AAA) 
"Reusable materials"
means items that are capable of being used again after minimal processing, if any.
(BBB) 
"Rural services line"
shall have the meaning set forth in SCCC § 17.02.030.
(CCC) 
"Segregated"
or any variation thereof, means to separate covered materials from other discarded material types, including, but not limited to:
(1) 
The placement of each covered material type in separate containers, as applicable;
(2) 
The binding of a covered material type separately from other discarded materials; or
(3) 
The physical separation of a covered material type from other discarded materials.
(DDD) 
"Self-haul"
or any variation thereof, means the removal and transport of discarded materials by any: (1) commercial business owner, operator, property manager, or employee; (2) multi-family building owner, property manager, or employee; (3) residential generator; or (4) any other generator type, to a County resource management facility or other expressly approved site, provided that they use their own vehicle and the discarded materials were generated in or on their own premises. Self-haul includes a generator who back-hauls waste, as defined in 14 CCR Section 18982(a)(66)(A). Self-haul does not include any contractors or other entities that receive compensation for discarded materials removal service.
(EEE) 
"Single-family dwelling" or "single-family"
means any residential premises with less than five dwelling units.
(FFF) 
"Solid waste"
means solid waste as defined in the California Public Resources Code, Division 30, Part 1, Chapter 2, Section 40191, and regulations promulgated hereunder, that County Code requires generators within the County to set out for collection unless generators elect to self-haul materials in accordance with this chapter. Excluded from the definition of solid waste is any covered materials that have been segregated from other discarded material types. Notwithstanding any provision to the contrary, solid waste may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code as they may be amended from time to time.
(GGG) 
"State"
means the State of California.
(HHH) 
"Tier one commercial edible food generator"
means a commercial edible food generator that is one of the following:
(1) 
Supermarket; defined as a full-line, self-service retail store with gross annual sales of $2,000,000, or more, and which sells a line of dry grocery, canned goods, or non-food items and some perishable items; or as otherwise defined in 14 CCR Section 18982(71).
(2) 
Grocery store with a total facility size equal to or greater than 10,000 square feet; defined as 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).
(3) 
Food service provider; defined as 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 entities, or as otherwise defined in 14 CCR Section 18982(a)(27).
(4) 
Food distributor; defined as 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).
(5) 
Wholesale food vendor; defined as a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, and/or prepared for distribution to a retailer, warehouse, distributor, or other destination; or as otherwise defined in 14 CCR Section 18982(a)(76).
If the definition in 14 CCR Section 18982(a)(73) for tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.
(III) 
"Tier two commercial edible food generator"
means a commercial edible food generator that is one of the following:
(1) 
Restaurant with 250 or more seats or a total facility size equal to or greater than 5,000 square feet. A restaurant is defined as 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).
(2) 
Hotel, as defined in 14 CCR Section 18982(a)(34), with an on-site food facility and 200 or more rooms.
(3) 
Health facility, as defined in 14 CCR Section 18982(a)(32), with an on-site food facility and 100 or more beds.
(4) 
Large venue.
(5) 
Large event.
(6) 
A State agency with a cafeteria with 250 or more seats or a total cafeteria facility size equal to or greater than 5,000 square feet.
(7) 
A local education agency with an on-site food facility. A local education agency is defined as 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).
If the definition in 14 CCR Section 18982(a)(74) for tier two commercial edible food generator conflicts with the definition in this section, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.
(JJJ) 
"Urban services line"
shall have the meaning set forth in SCCC § 17.02.030.
(KKK) 
"Yard trimmings"
means those discarded plant or otherwise non-animal organic materials that will decompose and/or putrefy and are specifically approved by the County for collection in its organic materials collection program. Yard trimmings are a subset of organic materials.
(Ord. 5383 § 2, 2021)