For the purposes of this Chapter, the following words and phrases shall have the following meanings unless the context otherwise requires:
"AB 939":means the California Integrated Waste Management Act of 1989 (California Public Resources Code, Division 30, commencing with Section
40000), as amended, supplemented, superseded, and replaced from time to time.
means the organic waste recycling amendments made to AB 939, approved and signed into law on September 28, 2014, commencing with changes to the California Public Resources Code, Division 30 Section
42649.8 et seq., as amended, supplemented, superseded and replaced from time to time.
means a Structure containing no kitchen or bathroom and located upon the same lot or parcel as the principal use or Structure to which it is an accessory. An Accessory Structure is customarily incidental and subordinate to the use of the principal building or the principal use of the land upon which it is located. All Accessory Structures shall be constructed with, or subsequent to, the construction of the principal Structure or activation of the principal use.
"AGRICULTURAL WASTE":means manures, culls, prunings or crop residues resulting from the production, packing or processing of farm or agricultural products.
"APPLICABLE LAW":means all Federal, State and local laws, ordinances, regulations, rules, orders, judgments, decrees, resolutions, permits, approvals, or other types of requirements imposed by any governmental agency having jurisdiction over the collection and disposition of Solid Waste, Recyclable Materials, and Green Waste, including those that are in force and effective as of the effective date of the ordinance codified in this Chapter, as well as such additions and changes thereto as become effective by means of their enactment, amendment, issuance or promulgation at any time after the effective date of the ordinance codified in this Chapter.
"APPLICANT":means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever that applies to the County for the applicable permits to undertake any construction, demolition or renovation project within the County, as defined in this Chapter, and who is, therefore, responsible for meeting the requirements of this Chapter.
"BIN":means a receptacle for Solid Waste provided by a Franchise Hauler unless owned by the Customer, having a capacity less than ten (10) cubic yards and that generally has wheels, a handle for ease of movement and a tight-fitting, attached lid, and is designed to be dumped mechanically into a front-loading or rear-loading Collection vehicle.
"BLUE CONTAINER":has the same meaning as in 14 CCR Section
18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste.
means the Tulare County Board of Supervisors.
"BUILDING OFFICIAL":means the County's Resource Management Agency Director, or the Building Official's duly authorized representative.
"BULK WASTE":means all discarded household waste matter that is too large to be placed in a Bin, including large household appliances, appliances containing chlorofluorocarbons, furniture, carpets, mattresses, and similar large items that require special handling due to their size and which typically can be discarded by Customers in connection with Community Cleanups. Bulk Waste shall not include Excluded Waste.
"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 County (and other local agencies).
"CART":means wheeled Containers having approximately thirty (30) to one hundred and ten (110) gallons of capacity provided by a Franchise Hauler to Customers for Collection of Solid Waste, Recyclables, and Green Waste.
"CART SERVICE":means provision of Collection Services using Carts and charged at a Rate based on Solid Waste approved maximum rates.
"COLLECTION" (AND "COLLECT", "COLLECTED", AND "COLLECTING"):means the pickup and removal by the Franchise Hauler from its Customers' premises of Solid Waste, Recyclable Materials, Green Waste, or other material (not including Excluded Waste) specified in this Chapter and transportation of such material to a Disposal or Transfer Facility, Green Waste Processing Facility, a Material Recovery Facility, or a Transformation Facility as appropriate and consistent with the Franchise Haulers obligations hereunder.
"COLLECTION MATERIALS":means all Solid Waste, Recyclables, Green Waste, or other materials (not including Excluded Waste) specified in this Chapter generated in the County Established Service Areas.
"COLLECTION SERVICES":means all of the duties and obligations of a Franchise Hauler relating to its responsibilities for Collection as specified in this Chapter.
"COLLECTOR" or "SOLID WASTE COLLECTOR":means any entity or agent thereof authorized under this Chapter and qualified under state law, who collects, transports within the County, recycles or otherwise disposes of Solid Waste or recyclables produced within the County.
"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, as defined in 14 CCR Section
18982(a)(6). A Multifamily Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter.
means a commercial edible food generator that is a: Supermarket, Grocery store with a total facility size equal to or greater than 7,500 square feet, Food service distributor, Wholesale food market, Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet, hotel with an on-site food facility and 200 or more rooms, health facility with an on-site food facility and 100 or more beds, large venue, large event, a state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; a local education agency facility with an on-site food facility.
"COMMUNITY CLEANUP":means the collection of non-Excluded Waste items separate from those gathered through weekly Collection Services.
"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 100 cubic yards and 750 square feet, as specified in 14 CCR Section
17855(a)(4), as defined by 14 CCR Section
18982(a)(8).
means the product resulting from the controlled biological decomposition of organic wastes that are Source Separated from the municipal or County waste stream or separated at a centralized facility. Compost includes all vegetative waste, yard and wood Solid Wastes which are not otherwise included in Hazardous Waste.
"COMPOSTABLE PLASTICS" or "COMPOSTABLE PLASTIC":means food-service and food-packaging plastic materials or plastic bags used for collecting organics material that are placed in the Green Container and transported to a compostable material handling operations or facilities, in-vessel digestion operations or other facility provided the organic waste processing facility accepts the material and has provided written notification annually to the County stating that the facility can process and recover that material for compostability, as defined in 14 CCR Section
18984.1(a)(1)(A) for three container systems, and 18984.2(a)(1)(C) for two container systems.
means all building, landscaping of, remodeling activities, including the addition, removal or destruction of buildings and landscaping.
"CONSTRUCTION AND DEMOLITION DEBRIS":means and includes:
(a) Used or commonly discarded materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, copper, aluminum, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard and lumber from the construction or destruction of a Structure as part of a construction or demolition project or from the renovation of a Structure and/or landscaping, including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project; or
Remnants of new materials, including, but not limited to, cardboard, paper, plastic, wood and metal scraps from any construction, demolition and/or landscape project which are to be source separated by the resident, contractor, Franchise Hauler, or otherwise.
All approved Alternative Daily/Intermediate Cover meeting the requirements of applicable State or Federal regulations as they may be amended, supplemented, superseded, and replaced from time to time, including those found in Division 2 of Title
27 of the California Code of Regulations.
"CONTAINERS":means Bins and Carts used to provide Solid Waste, Recyclables, or Green Waste Services.
"CONTRACTOR":means any person or entity holding, or required to hold, a contractor's license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor, owner-builder, or otherwise) any construction, demolition, remodeling, renovation or landscaping service relating to buildings or Accessory Structures in the unincorporated area of Tulare County.
"COUNTY":means the legal entity known as the County of Tulare, California, a political subdivision of the State of California and includes the geographical area within the territorial boundaries of the County of Tulare, as it exists now or in the future.
"COUNTY ESTABLISHED SERVICE AREA" or "SERVICE AREA":means the County established territory within which a Franchise Hauler shall conduct Collection Services identified within County unincorporated area and as such limits may change from time to time due to annexations or other means per this Code. When used in the plural in this Chapter, the term ("County Established Service Areas") refers to all such regions within the County considered collectively, within which exclusive Collection Services are to be provided by a Franchise Hauler pursuant to this Chapter.
"COUNTY REPRESENTATIVE":means the Solid Waste Director, or his or her/her designee, who may be a County official or an agent of the County specifically designated to serve as the County Representative and authorized to enforce the terms of this Chapter on County's behalf.
"COVERED PROJECT":means and includes any project which consists of one or more of the following:
(a) Demolition projects that are 500 square feet or greater.
Any project involving renovation of a kitchen and/or bath facility irrespective of total square footage or value.
The renovation, remodel or addition to an existing residential Structure that is equal to or greater than 500 square feet and/or projects that exceed $20,000 in cost.
The renovation, remodel or addition to an existing commercial or multifamily residential Structure that is equal to or greater than 1,000 square feet and/or projects that exceed $20,000 in cost.
Residential development and any new residential Structure that is equal to or greater than 1,000 square feet and/or projects that exceed $20,000 in cost.
Commercial or multifamily residential development and any new Structure that is equal to or greater than 1,000 square feet and/or projects that exceed $20,000 in cost.
All County-sponsored construction, demolition and renovation projects that are equal to or greater than 1,000 square feet.
All County public works and construction projects. "CUSTOMER": means the person or entities receiving Collection Services.
"DECONSTRUCTION":means a process to dismantle or remove useable materials from Structures, in a manner which maximizes the recovery of building materials for reuse and recycling and minimizes the amount of waste transported for disposal in landfills and Transformation facilities.
"DEMOLITION":means the deconstructing, razing, ruining, tearing down or wrecking of any Structure, wall, fence or paving, whether in whole or in part, and whether interior or exterior. And done by a Contractor or owner-builder.
"DESIGNATED RECYCLABLE AND REUSABLE MATERIALS":means and includes:
(a) Inert solids, asphalt and masonry building materials generally used in construction including, but not limited to, concrete, rock, stone and brick.
Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted.
Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use. The following materials are excluded as the materials are not recyclable and should be land-filled: bamboo, palm fronds and yucca.
Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames and fences.
Roofing materials including wood shingles and shakes as well as asphalt, stone and slate based roofing material.
Salvageable materials and Structures including, but are not limited to, doors, windows, fixtures, hardwood flooring, sinks, bathtubs and appliances.
Any other materials that the Building Official determines can be diverted due to the identification of a recycling facility, reuse facility or market accessible from the County.
"DESIGNATED SOURCE SEPARATED ORGANIC WASTE FACILITY":as defined in 14 CCR Section
18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream (as defined in 14 CCR Section
17402(a)(26.6)) and complies with one of the following:
(a) The facility is a "transfer/processor," as defined in 14 CCR Section
18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section
18815.5(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of 50 percent between January 1, 2022, and December 31, 2024, and 75 percent on and after January 1, 2025, as calculated pursuant to 14 CCR Section
18815.5(f) for Organic Waste received from the Source Separated Organic Waste collection stream.
(1) If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility."
The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section
18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section
18815.7 demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section
17409.5.8(c)(2) or
(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section
17896.5.
(1) If the percent of the material removed for landfill disposal that is Organic Waste is more than the percent specified in 14 CCR Section
17409.5.8(c)(2) or
(c)(3), for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility." For the purposes of this Chapter, the reporting periods shall be consistent with those defined in 14 CCR Section
18815.2(a)(49).
"DISPOSAL SITE":means any land used for the disposal of Solid Waste including but not limited to dumps and landfills.
"DIVERSION" and "DIVERT":means the removal of certain waste types from the waste stream so that they are not disposed of in a landfill. Diversion does not include illegal dumping or disposal of wastes.
"EDIBLE FOOD":means food intended for human consumption, as defined in 14 CCR Section
18982(a)(18). For the purposes of this Chapter and as defined in 14 CCR Section
18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in
14 CCR, Division 7, Chapter
12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
means a demolition that can be performed only when a structure is determined to be structurally unsound and in danger of imminent collapse and a state or local government agency has issued an immediate demolition order. The order for emergency demolition only applies to the part of the building that is unsound; attached buildings may not be demolished under this order and must be treated as a regular demolition.
"ENFORCEMENT ACTION":means an action of the County to address noncompliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
"EXCLUDED WASTE":means Hazardous Waste, Medical and Infectious Waste, volatile, corrosive, biomedical, biohazardous and toxic substances or material and any wastes that as a result of being disposed would violate any Federal, State, or local law, regulation or Chapter, including land use restrictions or conditions. Excluded Waste may include any other designated or special waste.
"FOOD DISTRIBUTOR":means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, as defined in 14 CCR Section
18982(a)(22).
means actions to collect and distribute food for human consumption that otherwise would be disposed, as defined in 14 CCR Section
18982(a)(24).
means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, as defined in 14 CCR Section
18982(a)(25), including, but not limited to:
(a) 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.
"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 otherwise in 14 CCR Section
18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of
14 CCR, Division 7, Chapter
12 pursuant to 14 CCR Section
18982(a)(7).
means all food and trimmings and other putrescible waste that readily decomposes and results from food production, preparation, storage, consumption, or handling such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
"FOOD SERVICE PROVIDER":means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, as defined in 14 CCR Section
18982(a)(27).
is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons, provided the approved compostable material handling operations or facilities, in-vessel digestion operations or other facility that recovers source separated Organic Waste accepts such material for processing and provides annual written notice thereof to the County.
"FOOD WASTE":means Food Scraps, Food-Soiled Paper, and Compostable Plastics.
"FOOTHILL RATE DIVISION LINE":means that service rate division line or boundary established by the Board of Supervisors from time to time by resolution.
"FRANCHISE AGREEMENT":means an agreement entered into with the County for exclusive rights to collect, haul, and dispose of solid waste within a County Established Service Area.
"FRANCHISE HAULER":means an individual or entity that has entered into a Franchise Agreement with the County.
"GENERATION":means the total waste collected by a Franchise Hauler in a County Established Service Area.
"GOOD FAITH EFFORT":as used in this Chapter with regard to performance of a Franchise Hauler's obligations to divert materials shall mean, at a minimum, to competently undertake each of the programs for which materials Diversion is required hereunder and to perform materials Diversion activities for the program to the satisfaction of the Solid Waste Director.
"GRAY CONTAINER":has the same meaning as in 14 CCR Section
18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste.
means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections
18984.1(a) and
(b), as defined in 14 CCR Section
17402(a)(6.5).
has the same meaning as in 14 CCR Section
18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
means biodegradable materials including branches (less than three (3) inches in diameter), brush, cut flowers, dead plants, grass clippings, house plants, leaves, prunings, shrubs, weeds, wood (uncoated and untreated), wood chips, yard trimmings, Christmas trees (placed in Carts/Bins, with no stands, flocking, and/or decorations, and cut into two (2)-foot Sections), provided that larger items such as tree stumps and intact dead trees are considered Bulk Waste as defined herein. Green Waste shall not include Excluded Waste.
"GREEN WASTE PROCESSING FACILITY":means the fully permitted facility(ies) used by the Franchise Haulers for handling, processing, and preparing Green Waste for beneficial reuse such as mulching, composting, or processing for alternative daily cover, and/or for use as biomass fuel.
"GROSS RECYCLED":means the total gross quantity of recyclables handled by the Franchise Hauler in their Service Area.
"HAZARDOUS WASTE" or "HAZARDOUS SUBSTANCES":means a waste or combination of wastes which because of quantity, concentration, or physical, chemical or infectious characteristics may do or be any of the following:
(a) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed of or otherwise managed. Unless expressly provided otherwise, hazardous waste includes extremely hazardous waste and acutely hazardous waste as those wastes are defined or described in state or federal laws or regulations; or
Be substances as defined in California Health and Safety Code Section
25316.
"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 50 percent between January 1, 2022, and December 31, 2024, and 75 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), as defined in 14 CCR Section
18982(a)(33).
includes asphalt, concrete, rock, stone, brick, sand, soil and fines.
"INSPECTION":means a site visit where County, the Solid Waste Department, the Solid Waste Director, or designee(s) 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, as defined in 14 CCR Section
18982(a)(35).
means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section
18982(a)(38) differs from this definition, the definition in 14 CCR Section
18982(a)(38) shall apply to this Chapter.
means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of
14 CCR, Division 7, Chapter
12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of
14 CCR, Division 7, Chapter
12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section
18982(a)(39) differs from this definition, the definition in 14 CCR Section
18982(a)(39) shall apply to this Chapter.
means a manual and/or mechanized facility which receives a Solid Waste stream for the purpose of recovering recyclables. An unsegregated waste MRF or "dirty MRF" is a MRF which receives an unsegregated Solid Waste stream. A segregated waste MRF or "clean MRF" is a MRF which receives a Solid Waste stream consisting only of commingled recyclables from which nonrecyclables have been segregated or removed.
"MULTIFAMILY RESIDENTIAL DWELLING" or "MULTIFAMILY":means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
"NET RECYCLED":means the net quantity of recyclables actually recovered by a Franchise Hauler in its Service Area after accounting for Residuals.
"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, as defined in 14 CCR Section
18982(a)(41).
means Construction, demolition and renovation projects within the County that do not meet the established thresholds for Covered Projects.
"NONLOCAL ENTITY":means the entities that are not subject to the County's enforcement authority, as defined in 14 CCR Section
18982(a)(42). These include special districts, federal facilities, prisons, facilities operated by the State park system, Public universities, County fairgrounds, and other state agencies.
means nonputrescible and nonhazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, as defined in 14 CCR Section
18982(a)(43).
means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges as defined in 14 CCR Section
18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section
18982(a)(4) and
14 CCR Section 18982(a)(16.5). Notwithstanding the foregoing definition, Paper Products, Printing and Writing Paper, organic textiles and carpets shall not be placed in the Green Container as Source Separated Green Container Organic Waste (SSGCOW).
means any person or family who provides all or a substantial amount of the labor necessary to build a home unit that will be the principal residence of that person or family.
"PAPER PRODUCTS":include, but are not limited to, paper janitorial supplies, cartons, wrapping, file folders, hanging files, corrugated boxes, tissue, and toweling, as defined in 14 CCR Section
18982(a)(51).
means an official document or certificate issued by the Building Official authorizing performance of a specified activity.
"PERSON":means any individual, public or Private Corporation, industry, co-partnership, association, firm, trust, estate, political subdivision of the State of California or any other legal entity whatsoever.
"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, as defined in 14 CCR Section
18982(a)(54).
means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the County's Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the County's Green Container; (iii) 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 County's Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container, as defined in 14 CCR Section
18982(a)(55).
means any activity involving construction, demolition or renovation, and which requires issuance of a permit from the County of Tulare.
"RATES" or "RATE":means the amount each Customer is billed by a Franchise Hauler, subject to the County's approved and published maximum and minimum rate schedules.
"RECYCLABLES":means materials source-separated by the generator for the purpose of sorting, processing and being returned to the economic mainstream for the altered form for manufacture of new, reused or reconstituted products through available processes and markets. A listing of materials considered as Recyclable Material shall be provided by the Franchise Hauler and may be revised from time to time by agreement of the County and the Franchise Hauler. Notwithstanding any provision to the contrary, the Franchise Hauler is not required to collect or recycle any material for which a commercially viable market is not available. "Recyclables" are Refuse if they are not segregated from Refuse and are discarded into the Refuse stream.
"RECYCLE" or "RECYCLING":means the process of collecting, sorting, cleansing, treating, and reconstituting or converting materials that would otherwise become Solid Waste, and returning them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace or in the form of useable energy consistent with applicable statutes or regulations.
"RECYCLED-CONTENT PAPER":means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, as defined in 14 CCR Section
18982(a)(61).
means a form provided by the County for the purpose of compliance with this Chapter that must be submitted by the Applicant for any Covered Project.
"RECYCLING FACILITY":means the fully permitted facility(ies) selected by a Franchise Hauler for handling, processing, and preparing Recyclable Materials for marketing.
"REFUSE":means waste material intended for Disposal and including:
(a) All putrescible and nonputrescible wastes, except liquid-carried industrial wastes or sewage hauled as an incidental part of septic tank or cesspool-cleaning service;
Garbage (i.e., putrescible animal, fish, food, fowl, fruit or vegetable matter, or any residual material thereof, resulting from the preparation, storage, handling or consumption of such substances); and
Rubbish (such as printed materials, paper, pasteboard, rags, straw, used and discarded clothing, packaging materials, ashes, floor sweepings, glass, and other waste materials). Refuse shall not include any Excluded Waste.
Refuse does not include Organic Waste or Recyclables. |
"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.
"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, as defined in 14 CCR Section
18982(a)(62).
means any change, addition or modification to an existing Structure.
"RESIDUALS":means materials which remain after processing Recyclable Materials that cannot be Recycled, marketed, or otherwise utilized, including, but not limited to, materials such as rocks, contaminated paper, putrescibles and other debris.
"RESTAURANT":means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, as defined in 14 CCR Section
18982(a)(64).
means further or repeated use of materials that would otherwise become Solid Waste.
"ROLLOFF BOX SERVICES":means the collection, transportation, and disposal of materials placed in Containers of ten (10) cubic yards or greater.
"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, as defined in 14 CCR Section
18982(a)(65).
means the controlled removal of materials from a Covered Project for the purpose of recycling, reuse or storage for later reuse.
"SB 1383":means the Short-Lived Climate Pollutants Act passed into law on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the
Health and Safety Code, added Chapter 13.1 (commencing with Section 42652) to Part
3 of Division 30 of the Public Resources Code, and created Chapter
12 of
14 California Code of Regulations (CCR), Division 7 and amended portions of regulations of
14 CCR and
27 CCR establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (together the "SB 1383 Regulations"), as amended, supplemented, superseded, and replaced from time to time.
means any residential or commercial generator of Solid Waste who transports and disposes of his or her own Solid Waste at a permitted Solid Waste facility. Any such "Self-Hauler" shall be obligated to comply with all applicable legal requirements governing such transport and disposal, and may be subject to County reporting requirements.
"SERVICE":means the collection, storage, transportation, diversion and disposal of Solid Waste.
"SERVICE AREA(S)":means the unincorporated, geographic area designated by the Board in which Solid Waste is collected.
"SINGLE-FAMILY":means of, from, or pertaining to any residential premises with fewer than five (5) units.
"SOLID WASTE":has the same meaning as defined in Public Resources Code section
40191, and includes all putrescible or nonputrescible Solid, semisolid, and liquid waste, including garbage, 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 semisolid wastes, and other discarded solid and semisolid wastes, with the exception that "Solid Waste" does not include any of the following wastes:
(a) Hazardous waste, as defined in the 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 Health and Safety Code. Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resource 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.
Hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Section
25800) of Division 20 of the California Health and Safety Code; or
Otherwise Excluded Waste.
"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 prior to collection, 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, as defined in 14 CCR Section
17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing.
means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Nonorganic Recyclables (as defined in Section 18982(a)(43)), as defined by Section 17402(a)(18.7).
"SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE" or "SSGCOW":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.
"STRUCTURE":means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
"SUPERMARKET":means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, as defined in 14 CCR Section
18982(a)(71).
means a Commercial Edible Food Generator that is one of the following:
(b) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Chapter. |
"TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR":means a Commercial Edible Food Generator that is one of the following:
(a) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
Hotel with an on-site Food Facility and 200 or more rooms.
Health facility with an on-site Food Facility and 100 or more beds.
A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Chapter. |
"TRANSFER STATION":means those facilities approved by the Solid Waste Director and the Public Health Officer pursuant to Section
4-03-1135 of this Chapter at which Solid Waste is received, temporarily stored, separated, converted, or otherwise processed, or transferred from one storage unit or collection vehicle to another.
means incineration, pyrolysis, distillation, gasification, or biological conversion other than composting. Transformation does not include composting or biomass conversion.
"TRANSFORMATION FACILITY":means a fully permitted facility that utilizes incineration, pyrolysis, distillation, gasification, or other biological conversion other than composting.
"URBAN AREA BOUNDARIES":means those boundaries entitled "Urban Area Boundaries" and "Urban Development Boundaries" established and adopted by the Tulare County General Plan.
"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, as defined in 14 CCR Section
18982(a)(76).
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)