For the purposes of this chapter, the words, terms and phrases as defined in this section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended:
A. "Biosolids"means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Biosolids include, but are not limited to, treated domestic septage and scum or solids removed in primary, secondary, or advanced wastewater treatment processes. Biosolids include the residue solids resulting from the co-digestion of anaerobically digestible material with sewage sludge. Biosolids do not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during the preliminary treatment of domestic sewage in a treatment works.
B. "Blue container"means a container where either (1) the lid of the container is blue in color, or (2) the body of the container is blue in color and the lid is either blue, gray, or black in color. Hardware such as hinges and wheels on a blue container may be any color.
C. "CalRecycle"means the California Department of Resources Recycling and Recovery.
F. "Commercial edible food generator"means a tier one or tier two commercial edible food generator. For purposes of this chapter, food recovery organizations and food recovery services are not commercial edible food generators.
G. "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).
H. "Consolidation site"means facilities or operations that receive solid waste for the purpose of storing the waste prior to transfer directly from one container to another or from one vehicle to another for transportation and which do not conduct processing activities. Consolidation activities include, but are not limited to, limited volume transfer operations, sealed container transfer operations, and direct transfer facilities.
J. "Designee"means an entity that the city contracts with or otherwise arranges to carry out any responsibilities of this chapter, as authorized in Section
14.06.01.010(B). A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
K. "Digestate"means the solid and/or liquid material remaining after organic material has been processed in an in-vessel digester.
L. "Disaster"means a natural catastrophe such as an earthquake, fire, flood, landslide, or volcanic eruption, or, regardless of cause, any explosion, fire, or flood.
M. "Disaster debris"means nonhazardous solid waste caused by or directly related to a disaster.
N. "Food recovery"means actions to collect and distribute for human consumption food which otherwise would be disposed.
O. "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, (a) a food bank as defined in Section
113783 of the Health and Safety Code, (b) a nonprofit charitable organization as defined in Section
113841 of the Health and Safety Code, and (c) a nonprofit charitable temporary food facility as defined in Section
113842 of the Health and Safety Code.
P. "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.
Q. "Generator"means a person or entity who creates waste or disposes of waste, whether such disposal occurs in a collection container provided by the city, by a hauler franchised by the city, or in any other manner or location within the city. Any person residing in the city, and any business operating in the city, is deemed to be a generator unless that person or business can prove that he, she or it does not create or dispose of any waste in the city.
R. "Green container"means a container where either (1) the lid of the container is green in color, or (2) the body of the container is green in color and the lid is either green, gray, or black in color. Hardware such as hinges and wheels on a green container may be any color.
S. "Gray container"means a container where either (1) the lid of the container is gray or black in color, or (2) the body of the container is entirely gray or black in color and the lid is either gray or black in color. Hardware such as hinges and wheels on a gray container may be any color.
T. "Hauler"means a person who collects material from a generator and delivers it to a reporting entity, end user, or destination outside of the state of California. "Hauler" includes public contract haulers, private contract haulers, food waste self-haulers, and self-haulers. A person who transports material from a reporting entity to another person is a transporter, not a hauler.
U. "High diversion organic waste processing facility"means a facility that is in compliance with the reporting requirements of 14 CCR Section
188154.5(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).
X. "Large event"means an event (including without limitation 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.
Y. "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, a venue 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 chapter, 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.
Z. "Organic waste"means solid wastes containing material originating 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.
CC. "POTW"means publicly owned treatment works as defined by Section
403(q) of Title 40 of the Code of Federal Regulations.
DD. "Prohibited container contaminants"means any of the following (but does not include organic waste specifically allowed for collection in a container that is required to be transported to a high diversion organic waste processing facility or the waste is specifically identified as acceptable for collection in that container in a manner that complies with the requirements of Section
14.06.03.020,
14.06.03.030 or
14.06.03.040): (1) nonorganic waste placed in a green container that is part of an organic waste collection service provided pursuant to Section
14.06.03.020 or
14.06.03.030; (2) organic wastes that are carpet, hazardous wood waste, or noncompostable paper placed in the green container that is part of an organic waste collection service provided pursuant to Section
14.06.03.020 or
14.06.03.030; (3) organic wastes, placed in a gray container, that pursuant to Section
14.06.03.020 or
14.06.03.030 were intended to be collected separately in the green container or blue container; and (4) organic wastes placed in the blue container when those wastes were specifically identified in this chapter for collection in the green container for recovery; provided, however, that paper products, printing and writing paper, wood, and dry lumber may be considered acceptable and not considered container contaminants if they are placed in the blue container.
EE. "Reporting entity"means a person who is required to register and report to CalRecycle, pursuant to 14 CCR Section
18815.3, regarding material handling activities pursuant to 14 CCR Sections
18815.4 through
18815.8, within the following reporting entity categories: (1) haulers; (2) transfer/processors; (3) recycling and composting facilities and operations; (4) disposal facilities; and (5) brokers and transporters.
FF. "Source separated organic waste"means organic waste that is placed in a container that is specifically intended for the separate collection of organic waste by the generator.
HH. "Tier one commercial edible food generators"means a commercial edible food generator that is one of the following: (1) a supermarket; (2) a grocery store with a total facility size equal to or greater than ten thousand square feet; (3) a food service provider; (4) a food distributor; or (5) a wholesale food vendor.
II. "Tier two commercial edible food generator"means a commercial edible food generator that is one of the following: (1) a restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet; (2) a hotel with an on-site food facility and two hundred or more rooms; (3) a health facility with an on-site food facility and one hundred or more beds; (4) a large venue; or (5) a large event.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)