For purposes of this Chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
A. “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 City of Adelanto (and others).
B. “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this article are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
C. “City Enforcement Official” means the city manager, or other executive in charge or their authorized designee(s) who is/are partially or wholly responsible for enforcing this article.
D. “Commercial Business” or “Commercial Subscriber” 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 with five (5) or more units.
E. “Community Composting” means any approved city 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 (100) cubic yards and seven hundred fifty (750) square feet, (14 CCR Section 17855(a)(4); or, 18982(a)(8)).
F. “Commercial Edible Food Generator” includes a tier one or a tier two commercial edible food generator as defined in subsection (TT) and (UU) of this Section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). 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(a)(7).
G. “Compliance Review” means a review of records by a City of Adelanto to determine compliance with this article.
H. “Compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. (14 CCR Section 17896.2(a)(4)).
I. “Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
J. “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains prohibited container contaminants (14 CCR Section 18982(a)(55)).
K. “C&D” means construction and demolition debris.
L. “Designee” means a government entity, a hauler, a private entity, or a combination of those entities.
M. “Edible Food” means food intended for human consumption (14 CCR Section 18982(a)(18)). 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.
N. “Enforcement Action" means an action of the City to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
O. “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that upon collection, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance.
P. “Food Distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.
Q. “Food Facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. (Section 113789 of the Health and Safety Code).
R. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed.
S. “Food Recovery Organization” means an entity that engages in the collection or receipt of edible food and distributes that edible food to the public either directly or through other entities for the purposes of reducing hunger and supplying nutritional needs. (CA Health & Safety Code § 113783, 113841, 113842).
T. “Food Recovery Service” means a person or entity that collects and transports edible food from a generator to a food recovery organization.
U. “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations.
V. “Food-Soiled Paper” is paper material that has come in contact with food or liquid, such as, but not limited to, paper plates and napkins.
W. “Food Waste” means all food and food scraps such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food waste excludes fats, oils, liquids, and grease when such materials are source separated.
X. “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.
Y. “Inspection” means a site visit where a City or City designee reviews records, containers, and an entity’s handling of organic waste or edible food to determine if the entity is in compliance.
Z. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (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.
AA. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility including, 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.
BB. “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city regulations related to solid waste.
CC. “Multi-Family Residential Dwelling” or “Multi-Family” 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, which are considered commercial businesses.
DD. “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
EE. “Non-Local Entity” means the following entities that are not subject to the City’s enforcement authority including but not limited to special district(s), federal facilities, prison(s), facilities operated by the state park system, public universities (including community colleges), county fairgrounds, or other state agencies.
FF. “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass.
GG. “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties.
HH. “Organic Waste” 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. (14 CCR Section 18982).
II. “Organic Waste Generator” means a person or entity that is responsible for the initial creation of organic waste.
JJ. “Prohibited Container Contaminants” means discarded materials placed in a container that are not identified as being permitted or are considered to be excluded waste.
KK. “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility.
LL. “Recycled-Content Paper” means paper products and printing and writing paper that consists of at least thirty (30) percent, by fiber weight, postconsumer fiber (14 CCR Section 18982(a)(61)).
MM. “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.
NN. “SB 619" means Senate Bill 619 of 2021 amending Section 42652.5 of the Public Resources Code.
OO. “Self-Hauler” means a commercial generator approved by the City, who hauls organic waste to a facility or location using the generator’s own employees and equipment, in an effort to avoid subscribing to the franchise hauler’s service.
PP. “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
QQ. “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:
1. Hazardous waste, as defined in the State Public Resources Code Section 40141.
2. 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).
3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600)) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
RR. “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 by the resident, tenant, business owner, property owner, business owner’s employee, or property owner’s employee into different containers for the purpose of collection.
SS. “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.
TT. “Tier One Commercial Edible Food Generator” means supermarket, grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet, food service provider, food distributor, or wholesale food vendor.
UU. “Tier Two Commercial Edible Food Generator” means a restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet, hotel with an on-site food facility and two hundred (200) or more rooms, health facility with an on-site food facility and one hundred (100) or more beds, large venue, large event, a State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet, or local education agency facility with an on-site food facility.
VV. “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.
[Ord. No. 621, 1/18/22.]