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PREFACE
ARTICLE I GENERAL PROVISIONS*
ARTICLE II DEFINITIONS*
ARTICLE III GENERAL RULES*
ARTICLE IIIa ADVISORY COUNCIL FOR AGING AND INDEPENDENCE SERVICES*
ARTICLE IIIb COUNTY OF SAN DIEGO IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY*
ARTICLE IIIc PAST GRAND JURORS ASSOCIATION IMPLEMENTATION REVIEW COMMITTEE*
ARTICLE IIIj AFFIRMATIVE ACTION PROGRAM*
ARTICLE IIIk AFFIRMATIVE ACTION PROGRAM FOR VENDORS*
ARTICLE III l AFFIRMATIVE ACTION ADVISORY BOARD*
ARTICLE IIIm AFFIRMATIVE ACTION PROGRAM -- EMPLOYMENT*
ARTICLE IIIn SAN DIEGO COUNTY COMMITTEE FOR PERSONS WITH DISABILITIES*
ARTICLE IIIo COUNTY OF SAN DIEGO CHILD ABUSE PREVENTION COORDINATING COUNCIL*
ARTICLE IIIp FIRST 5 COMMISSION OF SAN DIEGO*
ARTICLE IIIq SAN DIEGO COUNTY BUSINESS PRACTICES REVIEW COMMITTEE*
ARTICLE IIIr REGIONAL SECURITY COMMISSION*
ARTICLE IIIs NORTH COUNTY GANG COMMISSION*
ARTICLE IIIt POLINSKY CHILDREN’S CENTER ADVISORY BOARD*
ARTICLE IIIu SAN DIEGO SEX OFFENDER MANAGEMENT COUNCIL*
ARTICLE IIIv CHILD AND FAMILY STRENGTHENING ADVISORY BOARD*
ARTICLE IIIw ARTS AND CULTURE COMMISSION
ARTICLE IV SAN DIEGO COUNTY COMMISSION ON THE STATUS OF WOMEN AND GIRLS*
ARTICLE IV-A ASSESSOR / RECORDER / COUNTY CLERK*
ARTICLE IV-B ASSESSMENT APPEALS BOARD*
ARTICLE IV-C ASSESSMENT HEARING OFFICER*
ARTICLE V AUDITOR AND CONTROLLER*
ARTICLE V-A PROCESSING AND CERTIFICATION OF ROUTINE CLAIMS*
ARTICLE VI BOUNDARY CHANGES*
ARTICLE VII BUDGET AND FINANCIAL PROCEDURES AND APPROPRIATION, REVENUE AND STAFFING LIMITATIONS*
ARTICLE VIIa TEMPORARY TRANSFERS OF FUNDS TO SPECIFIED AGENCIES WITHIN THE COUNTY OF SAN DIEGO*
ARTICLE VIII CHIEF ADMINISTRATIVE OFFICER*
ARTICLE IX OFFICE OF COUNTY COUNSEL*
ARTICLE X CLAIMS AGAINST THE COUNTY*
ARTICLE X-A CLERK OF THE BOARD OF SUPERVISORS*
ARTICLE XI DEPARTMENT OF THE CHIEF MEDICAL EXAMINER*
ARTICLE XII COUNTY CLERK*
ARTICLE XII-A COUNTY LIBRARIAN*
ARTICLE XII-B DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES*
ARTICLE XII-C CITY/COUNTY TASK FORCE ON AGRICULTURAL/URBAN ISSUES AND PESTICIDES*
ARTICLE XII-D DEPARTMENT OF HUMAN RESOURCES*
ARTICLE XII-E PESTICIDE TASK FORCE*
ARTICLE XII-F COUNTY COMMUNICATIONS OFFICE**
ARTICLE XIII-A DEPARTMENT OF REVENUE AND RECOVERY*
ARTICLE XIII-B DEPARTMENT OF ANIMAL SERVICES*
ARTICLE XIV JUVENILE DELINQUENCY PREVENTION COMMISSION*
ARTICLE XV HEALTH AND HUMAN SERVICES AGENCY*
ARTICLE XV-AA SAN DIEGO COUNTY EYE GNAT ABATEMENT APPEALS BOARD*
ARTICLE XV-A SAN DIEGO COUNTY ENVIRONMENTAL HEALTH AND QUALITY ADVISORY BOARD*
ARTICLE XV-B HEALTH AND HUMAN SERVICES CHARGES AND FEES*
ARTICLE XV-C GENERAL RELIEF PROGRAM*
ARTICLE XVI CHILD CARE AND DEVELOPMENT PLANNING COUNCIL*
ARTICLE XVI-A ADVISORY BOARDS*
ARTICLE XVI-B SAN DIEGO COUNTY ANIMAL CONTROL ADVISORY COMMITTEE*
ARTICLE XVI-C SAN DIEGO COUNTY FISH AND WILDLIFE ADVISORY COMMISSION*
ARTICLE XVI-D SAN DIEGO COUNTY PARKS ADVISORY COMMITTEE*
ARTICLE XVI-E LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 2 - JULIAN ADVISORY COMMITTEE*
ARTICLE XVII SAN DIEGO COUNTY FOSTER CARE SERVICES COMMITTEE*
ARTICLE XVII-A SAN DIEGO COUNTY CHRISTOPHER COLUMBUS QUINCENTENARY COMMISSION*
ARTICLE XVII-B SAN DIEGO COUNTY HUMAN RELATIONS COMMISSION*
ARTICLE XVII-C EQUAL OPPORTUNITY MANAGEMENT OFFICE*
ARTICLE XVII-D WHISTLE BLOWER PROTECTION PROCEDURE; ESTABLISHMENT OF THE SAN DIEGO COUNTY WHISTLE BLOWER COMMISSION*
ARTICLE XVII-E SAN DIEGO COUNTY TECHNOLOGY OFFICE*
ARTICLE XVII-F SAN DIEGO COUNTY EVALUATION ADVISORY COMMITTEE*
ARTICLE XVIII CITIZENS LAW ENFORCEMENT REVIEW BOARD*
ARTICLE XVIIIa GRAZING ADVISORY BOARD*
ARTICLE XIX ADULT INSTITUTIONS*
ARTICLE XIXa YOUTH CORRECTION CENTER*
ARTICLE XX FEES AND CHARGES*
ARTICLE XXA JUVENILE FACILITIES*
ARTICLE XXI INTERGOVERNMENTAL REPRESENTATION*
ARTICLE XXIa RULES OF CONDUCT AND PROCEDURE FOR PLANNING AND ZONING PROCESS*
ARTICLE XXIb PLANNING AND ENVIRONMENTAL REVIEW BOARD*
ARTICLE XXII DEPARTMENT OF PLANNING & DEVELOPMENT SERVICES*
ARTICLE XXIIa OFFICE OF THE PUBLIC ADMINISTRATOR AND PUBLIC GUARDIAN*
ARTICLE XXIIb DEPARTMENT OF GENERAL SERVICES*
ARTICLE XXIIc DEPARTMENT OF INFORMATION SERVICES*
ARTICLE XXIII DEPARTMENT OF PURCHASING AND CONTRACTING*
ARTICLE XXIIIa RECORDER/COUNTY CLERK*
ARTICLE XXIV PARK AND RECREATION DEPARTMENT*
ARTICLE XXIV-A REGISTRAR OF VOTERS*
ARTICLE XXV SHERIFF*
ARTICLE XXVI DEPARTMENT OF PUBLIC WORKS*
ARTICLE XXVIa OUT-OF-COUNTY/IN-COUNTY BUSINESS*
ARTICLE XXVId LIMITATIONS ON MAKING GIFTS AND PROVIDING MEALS OR BEVERAGES*
ARTICLE XXVIe REIMBURSEMENTS AND ALLOWANCES*
ARTICLE XXVII BOARD OF SUPERVISORS*
ARTICLE XXVIII COUNTY OF SAN DIEGO CONFLICT OF INTEREST CODE*
ARTICLE XXVIIIa CODE OF ETHICS*
ARTICLE XXVIIId CONFLICT OF INTEREST INVOLVING FUNDING OF NONPROFIT ORGANIZATIONS*
ARTICLE XXIX [ORDINANCES REPEALED]*
ARTICLE XXX DEPARTMENT OF CHILD SUPPORT SERVICES*
ARTICLE XXXI PUBLIC IMPROVEMENT AND ASSESSMENT PROCEEDINGS*
ARTICLE XXXII CABLE TELEVISION REVIEW COMMISSION*
ARTICLE XXXIII COUNTY HEARING OFFICER*
ARTICLE XXXIV COMMUNITY REDEVELOPMENT AGENCY*
ARTICLE XXXV NOISE CONTROL HEARING BOARD*
ARTICLE XXXVI LITIGATION*
ARTICLE XXXVII DEPARTMENT OF PUBLIC DEFENDER*
ARTICLE XXXVIII DEPARTMENT OF ALTERNATE DEFENSE COUNSEL*
ARTICLE XXXVIII-A DEPARTMENT OF ALTERNATE PUBLIC DEFENDER*
ARTICLE XXXIX DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT*
ARTICLE XXXIX-A SAN DIEGO COUNTY HOUSING, INDUSTRIAL AND FINANCE REVIEW COMMITTEE*
ARTICLE XXXIX-B MOBILE HOME ISSUES COMMITTEE*
ARTICLE XL SAN DIEGO COUNTY PALOMAR AIRPORT ADVISORY COMMITTEE*
ARTICLE XLI REMOVAL OF STRIKING EMPLOYEES*
ARTICLE XLI-A COUNTY OF SAN DIEGO INDUSTRIAL DEVELOPMENT AUTHORITY*
ARTICLE XLII SAN DIEGO COUNTY INTERNATIONAL TRADE COMMISSION*
ARTICLE XLIII SAN DIEGO COUNTY ADMINISTRATION CENTER (CAC) PARKING LOT AD HOC COMMITTEE*
ARTICLE XLIV SAN DIEGO COUNTY REGIONAL GROWTH AND PLANNING REVIEW TASK FORCE*
ARTICLE XLV TECHNICAL ADVISORY COMMITTEE ON HEALTH SERVICES MANAGEMENT*
ARTICLE XLVI SAN DIEGO COUNTY REGIONAL ADVISORY BOARD ON AIDS/HIV*
ARTICLE XLVII SAN DIEGO COUNTY TECHNICAL COMMITTEE ON WATER SUPPLY AND CONSERVATION*
ARTICLE XLVIII SAN DIEGO COUNTY MILITARY AND VETERANS ADVISORY COUNCIL*
ARTICLE XLIX SANTA FE VALLEY WORKING GROUP*
ARTICLE L THE TREASURER-TAX COLLECTOR ELIGIBILITY AND EDUCATIONAL REQUIREMENTS*
ARTICLE LI SAN DIEGO COUNTYWIDE MOBILEHOME TASK FORCE*
ARTICLE LIII SAN DIEGO COUNTY EMEK HEFER SISTER COUNTY COMMISSION*
ARTICLE LIV SAN DIEGO COUNTY SOLID WASTE HEARING PANEL*
ARTICLE LV SAN DIEGO COUNTY HEALTH SERVICES ADVISORY BOARD*
ARTICLE LVI SAN DIEGO COUNTY ALCOHOL AND DRUG ADVISORY BOARD*
ARTICLE LVII DEPARTMENT OF ENVIRONMENTAL HEALTH AND QUALITY*
ARTICLE LIX SAN DIEGO COUNTY SOCIAL SERVICES ADVISORY BOARD*
ARTICLE LX SAN DIEGO COUNTY PUBLIC WORKS ADVISORY BOARD*
ARTICLE LXI SAN DIEGO COUNTY FALLBROOK AIRPARK ADVISORY COMMITTEE*
ARTICLE LXII OFFICE OF EMERGENCY SERVICES*
ARTICLE LXIII PUBLIC SAFETY REALIGNMENT OF 2011*
ARTICLE LXIV DISTRICT ATTORNEY
CODE COMPARATIVE TABLE
STATE LAW REFERENCE TABLE
San Diego County Code of Regulatory Ordinances
San Diego County Board of Supervisors Policy Manual
SEC. 68.502. DEFINITIONS.
   The definitions listed below shall apply to this chapter. Where a definition is derived from a State or federal law or regulation, the definition shall be interpreted in accordance with the definition in the State or federal law or regulation as it currently exists or may subsequently be amended, unless authority is provided to the County to develop and apply its own definition, in which case the definition that best promotes the purposes of this chapter as determined by the Director shall apply:
 
   "Aluminum" means recoverable materials made from aluminum such as used aluminum food and beverage containers, aluminum foil, siding, screening, and other items manufactured from aluminum.
   "Approved C&D collection site" means properties where construction and demolition work is performed as evidenced by County issuance of a land clearing, building, or demolition permit, or from a non-permitted municipal project.
   "Authorized enforcement officer" means the director of the County department who is authorized to enforce a portion of this chapter and any person that director appoints or hires to enforce a portion of this chapter.
   "Back-haul" means generating and transporting solid waste, recyclable materials, organic waste, C&D, or recovered materials to a destination owned and operated by the owner, occupant, or operator of a premises using the owner's, occupant's, or operator's own employees and equipment.
   "Bin" means a metal or plastic container with hinged lid(s) and, in some cases, with wheels serviced by a front-end loading collection vehicle with a container capacity of one (1) to six (6) cubic yards, including bins with compactors attached to increase the capacity of the bin. Bins are also known as dumpsters.
   "Biohazardous waste" has the same meaning as the term "biohazardous waste" in California Health and Safety Code section 117690.
   "C&D" means construction and demolition debris.
   "C&D collector" means an approved C&D collector defined in accordance with section 68.512(e) of the County Code.
   "C&D recyclable materials" means any of the following materials: asphalt, concrete, dirt, land clearing vegetation, sand, gravel, rock, metal, wood, green material, cardboard, and other recyclable materials generated at construction and demolition debris sites. For the purposes of this definition, "green materials" means any material related to land development such as yard trimmings, trees, brush, and construction and demolition wood waste and does not include food material, bio-solids, wood containing lead-based paint or wood preservatives, mixed construction debris, or mixed demolition debris. Notwithstanding the foregoing, "green materials" shall be defined in section 68.512(x) of the County Code.
"California Code of Regulations" or "CCR" means the State of California Code of Regulations. References to "14 CCR" refer to Title 14 of the CCR; references to "27 CCR" refer to Title 27 of CCR, etc.
   "Cardboard" means post-consumer wastepaper grade, corrugated cardboard (#11), kraft (brown) paper bags, or solid fiber boxes that are discarded, and can later be reclaimed for collection and recovery for recycling.
   "Certified recyclable materials collector" (CRMC) means a person who has a valid certification with the County as a certified recyclable materials collector to operate an enterprise within the unincorporated area of the County to collect certain types and quantities of recyclable materials, green materials (excluding wood waste), food waste, and pallets that are defined in the certification and to subsequently arrange for transport, reuse, salvage, recycling, and/or processing of such materials.
   "Collect" or "Collection" means the act of taking physical possession of discarded materials at residential or commercial premises within the unincorporated County, and transporting it to a facility for reuse, salvage, recycling, processing, composting, transfer, disposal, or transformation.
 
 
2013 S-95   681
§ 68.502   SAN DIEGO COUNTY CODE
 
   "Collector" means any person who has a valid SWMA (through June 30, 2021) or NEFA (commencing July 1, 2021) with the County, that is not suspended or revoked, to operate an enterprise to collect and subsequently arrange for transport, processing, and/or disposal of discarded materials generated within the unincorporated area of the County.
   "Collector type(s)" means single-family collector, multi-family/commercial collector, and/or C&D collector. The collector is approved for the collector types in accordance with a NEFA as identified on the cover page of the collector's NEFA.
   "Commercial" means of, from, or pertaining to a business, including, but not limited to, a firm, partnership, proprietorship, joint-stock company, corporation, or association that is organized as a for- profit or nonprofit entity, strip mall (e.g., property complex containing two or more commercial entities), industrial facility, institutional facility, hospitality facility, school, school district, California State University, community college, University of California, special district or a federal, State, County, local, or regional agency or facility.
   "Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in this section 68.502. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR section 18982. Notwithstanding the foregoing, this term shall be defined as in 14 CCR section 18982.
   "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). Notwithstanding the foregoing, this term shall be defined as in 14 CCR section 18982.
   "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 that are separated at a centralized facility as specified in 14 CCR section 17896.2(a)(4).
   "Compostable plastics" or "compostable plastic" means plastic materials that meet the ASTM D6400 standard for compostability.
   "Construction and demolition debris" means nonhazardous waste, building material, inert material, soil, packaging, green materials, rubble, and other used or discarded materials resulting from excavation, grading, construction, or demolition. For the purposes of this definition, "green materials" means any material related to land development such as yard trimmings, trees, brush, and construction and demolition wood waste and does not include food material, bio-solids, wood containing lead-based paint or wood preservatives, mixed construction debris, or mixed demolition debris. Notwithstanding the foregoing, the definition of "construction and demolition debris" shall be defined in section 68.512(k) of the County Code and this term the definition of "green materials" shall be defined in section 68.512(x) of the County Code.
   "Container" means a receptacle for temporary storage of discarded materials. Containers include, but are not limited to, bins, carts, roll-off boxes, compactors, cans, buckets, bags, or other storage instruments.
   "CRMC" means a certified recyclable materials collector.
   "Customer" means the person who voluntarily subscribes to the collector's or CRMC's collection services and whom the collector or CRMC submits its billing invoice to and collects payment from for collection services provided to a premises. The customer may be either the occupant, owner, or operator of the premises.
   "Densely-populated areas" mean geographic areas of the unincorporated County that are not covered by low-population waiver(s) issued by the State pursuant to 14 CCR section 18984.12.
   "Designated organic materials" means those organic materials that are required to be recycled or processed by applicable law or regulations. Prior to October 1, 2021, designated organic materials shall include: (i) green materials for single-family premises and multi-family premises in the densely-populated areas and sparsely-populated areas; and, (ii) green materials and food waste for commercial premises in the densely-populated areas and sparsely-populated areas that generate two (2) cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the state).
   As of October 1, 2021, designated organic materials shall include: (i) green materials and food waste for all premises in the densely-populated areas; (ii) green materials for single-family and multi-family in the sparsely-populated areas; and, (iii) green materials and food waste for commercial premises in sparsely-populated areas that generate two (2) cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the state).
   "Designated recyclable materials" means materials that are required to be reused, salvaged, recycled, or processed by applicable law or regulations or as designated by the Director. Designated recyclable materials include aluminum, glass bottles and jars, paper products, printing and writing paper, rigid plastics, tin and bi-metal cans, and white goods for residential and commercial customers.
   "Director" means the Director of Public Works of the County and any person the director appoints or hires to administer or enforce this chapter.
   "Discarded materials" means solid waste, recyclable materials, organic materials, bulky items, and construction and demolition debris discarded by the generator or customer.
   "Disposal" or "Dispose" means the final disposition of any solid waste at a permitted landfill or other permitted solid waste facility.
   "Disposal site" means any permitted solid waste handling facility or facilities where the final disposal of solid waste occurs.
   "Diversion" (or any variation thereof including "divert")" means activities which reduce or eliminate discarded materials from disposal including, but not limited to, reuse, salvage, recycling, and composting.
   "Diversion service level ratio" means the proportion of weekly container capacity available for recyclable materials and organic materials to the total weekly container capacity for recyclable materials, organic materials, and solid waste. The diversion service level ratio, which shall be reported as a percentage, shall be calculated as the sum of the weekly cubic yards of recyclable materials and organic materials collection service capacity provided by collector and/or CRMC to generator divided by the sum of the total weekly cubic yards of recyclable materials, organic materials, and solid waste collection service capacity provided by collector and/or CRMC to generator.
   "Edible food" means food intended for human consumption. Edible food is not considered discarded materials 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. Notwithstanding the foregoing, this term shall be defined as in 14 CCR section 18982.
   "Excluded waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile waste, corrosive waste, medical waste, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the County 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 County’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 County, 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 multi-family 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 CA Public Resources Code. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the County's or collector's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the County or its collector.
   "Facility(ies)" means any plant or site used for the purposes of handling discarded materials including, but not limited to, disposal sites, material recovery facilities, and transfer, recycling, composting, and processing facilities.
   "Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores. Notwithstanding the foregoing, this term shall be defined as in 14 CCR section 18982.
   "Food facility" has the same meaning as in Section 113789 of the California Health and Safety Code. Notwithstanding the foregoing, this term shall be defined as in 14 CCR Section 18982.
   "Food recovery" means actions to collect and distribute edible food for human consumption which otherwise would be discarded. Notwithstanding the foregoing, this term shall be defined as in 14 CCR section 18982.
   "Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators that distributes the 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 California Health and Safety Code;
      (2)   A nonprofit charitable organization as defined in section 113841 of the California Health and Safety Code; and,
      (3)   A nonprofit charitable temporary food facility as defined in section 113842 of the California Health and Safety Code.
   Notwithstanding the foregoing, this term shall be defined as in 14 CCR section 18982.
   "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. Notwithstanding the foregoing, this term shall be defined as in 14 CCR section 18982.
   "Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations or others based on contractual arrangements with these types of organizations. Notwithstanding the foregoing, this term shall be defined as in 14 CCR section 18982.
   "Food waste" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells; food-soiled paper (including paper that has come in contact with food or liquid, such as, but not limited to, paper plates, paper towels, paper coffee cups, napkins, pizza boxes, and milk cartons); tea bags; coffee grounds; and paper coffee filters. Food waste excludes fats, oils, and grease when such materials are source separated from other food waste. No discarded materials shall be considered food waste unless such materials are separated from other organic waste (except that food waste does not need to be separated from and may be combined with other organic materials for collection if collector's collection program allows for combining of the organic materials), recyclable materials, and solid waste.
   "Generator" means any person whose act first causes discarded materials to become subject to regulation under this chapter 5 of the County Code or under federal, State, or local laws or regulations.
   "Glass bottles and jars" means food and beverage containers made from silica or sand, soda ash, and limestone, the product being transparent or translucent and being used for packaging or bottling, including container glass designated redeemable under the California Beverage Container Recycling and Litter Reduction Law, California Public Resources Code sections 14500 et seq., as well as glass bottles and jars without redeemable value ("scrap"), but excluding household, kitchen, and other sources of non-container glass such as drinking glasses, ceramics, light bulbs, window pane glass, and similar glass products.
   "Green materials" means leaves, grass, weeds, wood materials from trees and shrubs (including holiday trees and similar materials generated at the premises), and wood waste.
   "Hauling service" means a service provided by a person or entity in which discarded materials are removed from the generator's premises and transported to other locations for the purposes of reuse, salvage, recycling, composting, processing, or disposal. Hauling service excludes self-hauling activities.
   "Hazardous waste" means any substance defined as acutely hazardous waste, extremely hazardous waste, or hazardous waste in California Health and Safety Code sections 25110.02, 25115, and 25117; any waste which meets the definitions set forth in 22 CCR section 66261.3, et seq., and is required to be managed; any substance listed as hazardous waste in 42 USC Sec. 6901 et seq.; and, any substance identified or listed now or in the future as hazardous waste by any State or federal agency.
   "Hospitality facility" means an establishment that offers dining services or sells food or beverages to consume on or off the premises, such as a cafeteria, restaurant, café, sandwich shop, school, college, hospital, mini-mart, convenience store, tavern, or bar, and a hotel, motel, inn, or other transient occupancy facility that offers dining services or sells food or beverages on its premises.
   "Inert materials" shall be defined in accordance with section 68.512(z) of the County Code.
   "Manure" means accumulated animal excrement and includes feces and urine which may be mixed with any animal bedding material, spilled feed, or soil.
   "Medical waste" has the same meaning as the term "medical waste" as provided in California Health and Safety Code (H & S Code) sections 117690, 117695, and 117700 and also includes "biohazardous waste" as defined by H & S Code section 117635. Medical waste also includes any waste that federal law or any other State law defines as medical waste. "Treated medical waste" means medical waste that has been treated pursuant to the California Medical Waste Management Act, H & S Code sections 118215 et seq. Medical waste that has not been treated pursuant to these requirements shall be referred to as untreated medical waste.
   "Mixed paper" means paper products and printing and writing paper.
   "Multi-family" or "multi-family dwelling unit" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities. References to "multi- family dwelling unit" refer to an individual residential unit of the multi-family premises.
   "Multi-family/commercial collector" means a collector that has been authorized to provide collection services and other related services to multi-family and commercial premises in accordance with a NEFA.
   "Non-exclusive franchise agreement" (NEFA) means a non-exclusive franchise agreement entered into between a collector and the County where the collector agrees to collect discarded materials and subsequently transport, transfer, process, and/or dispose of the discarded materials, as appropriate for the material type, that the collector has collected in the unincorporated area of the County. NEFAs shall be required for collectors commencing July 1, 2021, thereby replacing SWMAs.
   "Organic materials" means green materials and/or food waste, whether individually or in combination, set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of processing. Organic materials are a subset of organic waste.
   "Organic materials container" shall be used for the purpose of storage and collection of organic materials.
   "Organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green materials, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing papers, manure, biosolids, digestate, and sludges. Notwithstanding the foregoing, this term shall be defined as in 14 CCR section 18982.
   "Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, and hanging files, corrugated boxes, tissue, and toweling. Notwithstanding the foregoing, this term shall be defined as in 14 CCR section 18982.
   "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, religious group, county (other than the County of San Diego), city and county, city, municipal corporation, district or other political subdivision, or any other group or combination acting as a unit.
   "Premises" means a tract of land with or without habitable buildings or appurtenant structures.
   "Printing and writing papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white woven envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications. Notwithstanding the foregoing, this term shall be defined as in 14 CCR section 18982.
   "Process, processed, or processing" means the controlled separation, recovery, volume reduction, conversion, or recycling of solid waste and/or other discarded materials including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment. Notwithstanding the foregoing, this term shall be defined as in 14 CCR section 18982.
   "Prohibited container contaminants" means the following: (i) discarded materials placed in the recyclable materials container that are not identified as designated recyclable materials or that are not identified as acceptable materials by the collector or CRMC; (ii) discarded materials placed in the organic materials container that are not identified as designated organic materials or that are not identified as acceptable materials by the collector or CRMC; (iii) discarded materials placed in the solid waste container that are acceptable recyclable materials and/or acceptable organic materials to be placed in collector's recyclable materials container and/or organic materials container; and, (iv) excluded waste placed in any container.
   "Putrescible waste" includes wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and includes materials such as, but not limited to, food waste, offal, and dead animals. Notwithstanding the foregoing, this term shall be defined as in 14 CCR section 17402.
   "Radioactive material" is defined in accordance with California Health and Safety Code section 114710, to mean any material or combination of materials that spontaneously emits ionizing radiation.
   "Radioactive waste" is defined in accordance with California Health and Safety Code section 114710, to mean any radioactive material that is discarded as nonusable.
   "Recyclable" means a material which can be processed into a form suitable for reuse through re-processing or re-manufacture consistent with the requirements of the California Integrated Waste Management Act of 1989 (PRC section 40000, et seq.).
   "Recyclable materials" or "recyclables" means materials, by-products, or components of such materials set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of recycling.
   "Recyclable materials container" shall be used for the purpose of storage and collection of source separated recyclable materials.
   "Recycle" or "recycling" means the process of collecting, sorting, cleansing, treating, and reconfiguring materials that would otherwise become solid waste and returning 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. Recycling includes processes identified as landfill reduction pursuant to 14 CCR sections 18983.1(b) and 18983.2. Recycling does not include transformation as defined by PRC section 40201.
   "Refuse" means any mixture of putrescible and non-putrescible solid and semi-solid wastes, including garbage, trash, residential solid waste, commercial solid waste, vegetable, or animal solid and semi-solid wastes, and other solid waste destined for disposal sites.
   "Regulated entity" means a single-family, multi-family, or commercial owner, occupant, generator, or operator, self-hauler, collector, CRMC, tier one commercial edible food generator, tier two commercial edible food generator, food recovery organization, food recovery service, and other persons or entity that is subject to provisions in this chapter.
   "Remote monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of recyclable materials containers, organic materials containers, and solid waste containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
   "Removal" means the act of taking discarded materials from the place of generation.
   "Residential" means of, from, or pertaining to single-family and multi-family premises used for human shelter, irrespective of whether such dwelling units are rental units or are owner-occupied, excluding hotels, motels, or other transient occupancy facilities.
   "Residential service" means collection of all types of discarded materials generated in single-family premises or multi-family residential facilities.
   "Residual materials" means those materials which, after processing, are disposed rather than recycled, composted, processed, or reused due to either the lack of markets for materials or the inability of the processing facility to capture and recover the materials.
   "Rigid plastics" means plastic materials marked 1-7 (as indicated in the figure below) including, but not limited to: (a) all plastic beverage containers labeled "CA redemption value" or "CA cash refund", (b) food and beverage containers for milk, soda, water, salad dressings, cooking oil, etc., (c) jars and canisters for peanut butter, mayonnaise, aspirin, etc., (d) cleaning product containers such as detergents, bleach, soap, shampoo, drain cleaners, etc., (e) automotive and yard product containers for motor oil, antifreeze, herbicide, plant pots, etc., and, (f) any other plastic items such as toys, tools, utensils, etc. Rigid plastics do not include PVC pipe, expanded polystyrene foam (EPS) food containers, compostable plastics, plastic film, or bags.
   "Roll-off box" means an open-top metal container or closed compactor box serviced by a roll-off truck and with a container capacity of 10 to 50 cubic yards. Roll-off boxes are also known as drop boxes or debris boxes.
   "Rubbish" means non-putrescible solid waste.
   "Salvageable material" means an object or material that can be reused again, either for its original purpose or for a similar purpose, without significantly altering the physical form of the object or material.
   "Self-haul" means the hauling performed by a self-hauler.
   "Self-hauler" means a person who hauls solid waste, recyclable materials, organic waste, C&D, or recovered material he or she has generated to another person. Self-hauler also includes a person who back- hauls and includes landscapers.
   "Single-family" means of, from, or pertaining to any residential premises with less than five (5) residential units.
   "Single-family collector" means a collector that has been authorized to provide collection services and other related services to single-family premises in accordance with a NEFA.
   "Solid waste" means all putrescible and non- putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition debris, 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 waste, and other discarded solid and semi-solid wastes. Solid waste does not include any of the following wastes: hazardous waste, as defined in PRC section 40414; radioactive waste; medical waste except medical waste that has been treated and deemed to be solid waste. For the purpose of this chapter, solid waste does not include recyclable materials, organic materials, construction and demolition debris, manure, and/or salvageable materials if such materials have been source separated by the generator for the purpose of recycling, composting, processing, salvage, or reuse.
   "Solid waste container" shall be used for the purpose of storage and collection of solid waste.
   "Solid waste facility" means a solid waste transfer station or a construction, demolition, and inert debris processing/disposal facility, a compostable materials handling facility, a transformation facility, an incinerator, or a disposal facility.
   "Solid Waste Management Agreement" (SWMA) means a non-exclusive agreement entered into between the collector and the County where the collector agrees to collect and transport solid waste and recyclables, and process or dispose of the materials that collector has collected in the unincorporated area of the County. SWMAs will be effective for collectors until June 30, 2021, after which date, each collector will be required to have a valid NEFA.
   "Source separated" means the generator, property owner, property owner's employee, property operator, or property operator's employee has separated materials into different containers or placed separately for the purpose of collection such that recyclable materials, organic wastes, construction and demolition debris, manure, and/or salvageable materials are separated from solid waste for the purposes of collection, recycling, salvage, reuse, and/or processing.
   "Sparsely populated areas" mean geographic areas of the unincorporated County covered by low- population waivers issued by the State pursuant to 14 CCR section 18984.12(a).
   "Storage" means the interim containment of discarded materials.
   "Street" means a street, highway, road, alley, road right of way, or any other public or private thoroughfare.
   "SWMA" means Solid Waste Management Agreement.
   "Tier one commercial edible food generator" means a commercial edible food generator that is one of the following:
      (1)   Supermarket, where 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. Notwithstanding the foregoing, supermarket shall be defined as in 14 CCR section 18982.
      (2)   Grocery store with a total facility size equal to or greater than 10,000 square feet, where 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. Notwithstanding the foregoing, grocery store shall be defined as in 14 CCR section 18982.
      (3)   Food service provider, where 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. Notwithstanding the foregoing, food service provider shall be defined as in 14 CCR section 18982.
      (4)   Food distributor, where food distributor means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores. Notwithstanding the foregoing, food distributor shall be defined as in 14 CCR section 18982.
      (5)   Wholesale food vendor, where 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. Notwithstanding the foregoing, wholesale food vendor shall be defined as in 14 CCR section 18982.
   Notwithstanding the foregoing, tier one commercial edible food generator shall be defined as in 14 CCR section 18982.
   "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, where restaurant means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption. Notwithstanding the foregoing, restaurant shall be defined as in 14 CCR section 18982.
      (2)   Hotel with an on-site food facility and 200 or more rooms, where hotel has the same meaning as in section 17210 of the State Business and Professions Code. Notwithstanding the foregoing, hotel shall be defined as in 14 CCR section 18982.
      (3)   Health facility with an on-site food facility and 100 or more beds, where health facility has the same meaning as in section 1250 of the California Health and Safety Code. Notwithstanding the foregoing, health facility shall be defined as in 14 CCR section 18982.
      (4)   Large event, where 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 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. Notwithstanding the foregoing, large event shall be defined as in 14 CCR section 18982.
      (5)   Large venue, where large venue 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, 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, 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. Notwithstanding the foregoing, large venue shall be defined as in 14 CCR section 18982.
      (6)   A local education agency facility with an on-site food facility.
   Notwithstanding the foregoing, tier two commercial edible food generator shall be defined as in 14 CCR section 18982.
   "Tin" and "bi-metal can" means a steel food or beverage container with a tin or aluminum plating.
   "Transfer station" or "transfer facility" means a facility that receives, handles, separates, converts, or otherwise processes discarded materials or transfers discarded materials directly from one container or vehicle to another for transport or for storage.
   "Transformation" has the same meaning as the term "transformation" in PRC section 40201.
   "Vector" has the same meaning as the term "vector" in 27 CCR section 20164.
   "White goods" mean major kitchen appliances or other large appliances.
   "Wood waste" means lumber and wood products, but does not include "treated wood" or "treated wood waste" as defined in 22 CCR section 67386.4.
(Amended by Ord. No. 7551 (N.S.), effective 11-22-88; amended by Ord. No. 7608 (N.S.), operative 7-21-89; amended by Ord. No. 7920 (N.S.), effective 7-11-91; amended by Ord. No. 8060 (N.S.), effective 5-28-92; amended by Ord. No. 8191 (N.S.), effective 2-4-93; amended by Ord. No. 8790 (N.S.), effective 4-29-97; amended by Ord. No. 8866 (N.S.), effective 1-6-98; amended by Ord. No. 9269 (N.S.), effective 12-15-00; amended by Ord. No. 9495 (N.S.), effective 9-13-02; amended by Ord. No. 9666 (N.S.), effective 8-14-04; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10253 (N.S.), effective 3-8-13; amended by Ord. No. 10729 (N.S.), effective 6-4-21)
   Cross reference(s)--Definitions, § 12.101 et seq.