For the purposes of this chapter, the following words, terms, phrases and their derivations shall have the meanings specified herein.
.010 “Bulk Containers” shall mean bins furnished or supplied by the City or its Franchisee.
.020 “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
.030 “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 Cities (and others).
.040 “Citation” or “Administrative Citation” means civil citation issued pursuant to Title 1, Chapter 1-3, stating that there has been a violation of one or more provisions of this code and setting the amount of the administrative penalty to be paid by the responsible party.
.050 “City” shall mean the City of Anaheim.
.060 “City Enforcement Official” means the City Manager or their authorized Designee(s) who is/are partially or whole responsible for enforcing the ordinance.
.070 “City Manager” shall mean the City Manager of the City of Anaheim, or their designated representative.
.080 “City Solid Waste” shall mean any solid waste which was originally discarded by the first generator thereof, prior to any processing, within the geographical limits of the City.
.090 “Commercial Business” or “Commercial” means any building or site in any zone of the City, other than residential premises, from which any business, service, non-profit, governmental, institutional, commercial or industrial activity is conducted including, without limitation, motels, hotels, recreational vehicle parks, restaurants, professional offices, clubhouses, places of entertainment, manufacturing plants, and private schools, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance.
.100 “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 10.10.010.840 and 10.10.010.850 of this ordinance 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).
.110 “Community Composting” means any activity that composts Organic 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); or, as otherwise defined by 14 CCR Section 18982(a)(8).
.120 “Compliance Review” means a review of records by City to determine compliance with this Chapter.
.130 “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that “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.
.140 “Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise specified by 14 CCR Section 18982(a)(18).
.150 “Contaminated” or “Contamination” (or any variation thereof) means the following: (i) Discarded Materials placed in a Recyclable Materials Container that are not identified as Recyclable Materials; (ii) Discarded Materials placed in the Organic Materials Container that are not identified as Organic Materials; (iii) Discarded Materials placed in the Solid Waste Container that are identified as Recyclable Materials and/or Organic Materials, which are to be separately collected; and/or, (iv) Excluded Waste placed in any Container.
.160 “Container(s)” means a receptacle for temporary storage of Discarded Materials. Containers include, but are not limited to bins, carts, barrels, roll-off boxes, compactors, cans, buckets, or other storage instruments.
.170 “Container Contamination” or “Contaminated Container” means a Container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
.180 “Construction and Demolition Debris” or “C&D Debris” shall mean City solid waste generated, produced or discarded in connection with construction, demolition, landscaping, or general clean-up activities within the City including, without limitation, concrete, plaster, drywall, wood scraps, metals, dirt, rock and rubble.
.190 “County” means the County of Orange.
.200 “Designee” means an entity that a City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this Chapter and as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
.210 “Discarded Material(s)” means Recyclable Materials, Organic Materials, and/or Solid Waste, excluding Excluded Waste.
.220 “Disposal” means the ultimate disposition of Solid Waste Collected at a landfill or otherwise in full regulatory compliance.
.230 “Divert” or “Diversion” (or any variation thereof) means to prevent Discarded Materials from Disposal at landfill or transformation facilities, (including facilities using incineration, pyrolysis, distillation, gasification, or biological conversion methods) through source reduction, reuse, Recycling, composting, anaerobic digestion or other method of Processing.
.240 “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance 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.
.250 “Enforcement” means an action of the City to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
.260 “Excluded Waste” or “Prohibited Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, Medical Waste, sharps, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City 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 City’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 City, 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 Solid Waste after implementation of programs for the safe collection, processing, Recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include electronic waste, universal waste, used motor oil and filters, or household batteries when such materials are defined as allowable materials for collection through the City’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by City or its Designee for collection services.
.270 “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
.280 “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
.290 “Food Recovery” means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
.300 “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary Food Facility as defined in Section 113842 of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
.310 “Food Recovery Service” means a person who or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
.320 “Food Scraps” means all food 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 Scraps is a subset of Food Waste.
.330 “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, or as otherwise defined in 14 CCR Section 18982(a)(27).
.340 “Food-Soiled Paper” 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.
.350 “Food Waste” means Food Scraps and Food-Soiled Paper.
.360 “Franchisee” shall mean any person, persons, firm or corporation to whom a franchise has been granted by the City for the collection, processing, Recycling and Disposal of Discarded Materials.
.370 “Generator” means a person or entity that is responsible for the initial creation of one or more types of Discarded Materials.
.380 “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, or as otherwise defined in 14 CCR Section 18982(a)(30).
.390 “Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
.400 “Hazardous Waste” shall mean (a) any waste which, by reason of its quality, concentration, composition, physical, chemical, or infectious characteristics may do either of the following: 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 the environment when improperly treated, stored, transported, or disposed of, or otherwise mismanaged, or any waste which is defined or regulated as a hazardous waste, toxic substance, hazardous chemical substance or mixture, or asbestos under applicable law, as amended from time to time including, but not limited to: (1) the Resource Conservation and Recovery Act and the regulations contained in 40 CFR Parts 260—
.410 “High Diversion Organic Materials Processing Facility” means a permitted 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 Material received from the One-Container System.
.420 “Inspection” means a site visit where a Designee of the City reviews records, Containers, and an entity’s collection, handling, Recycling, or landfill Disposal of Organic Material or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).
.430 “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 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 ordinance.
.440 “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 ordinance 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 ordinance 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 ordinance.
.450 “Medical Waste” shall mean waste capable of producing an infection or pertaining to or characterized by the presence of pathogens including, without limitation, certain wastes generated by medical practitioners, hospitals, nursing homes, medical testing laboratories, mortuaries, taxidermists, veterinarians, veterinary hospitals and any waste which includes animal wastes or parts from slaughterhouses or rendering plants.
.460 “Mixed Waste Organic Collection Stream” or “Mixed Waste” means Organic Waste or Solid Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).
.470 “Multi-Family Residential Dwelling” or “Multi-Family” for the purpose of SB 1383 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.
.480 “Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the Composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
.490 “Non-Local Entity” means the following entities that are not subject to the City’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Special district(s) located within the boundaries of the City.
(2) Federal facilities located within the boundaries of the City.
(3) Public universities (including community colleges) located within the boundaries of the City.
(4) State agencies located within the boundaries of the City.
.500 “Non-Organic Recyclables” means non-putrescible and non-hazardous Recyclable Materials including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
.510 “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45).
.520 “Nuisance” shall mean anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or another condition specified in Section 3479 of the Civil Code of the State of California.
.530 “Organic Materials” means Yard Waste and Food Waste that are set aside, handled, packaged, or offered for collection in a manner different from Solid Waste for the purpose of processing. Organic Materials is a subset of Organic Waste.
.540 “Organic Materials Container” shall be used for the purpose of storage and collection of Source Separated Organic Materials.
.550 “Organic Waste” means Solid Waste containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
.560 “Paper Products” include, but are not limited to paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
.570 “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, cardstock, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
.580 “Premises” means and includes any land, building and/or structure, or portion thereof, in the City where Discarded Materials are produced, generated, or accumulated. All structures on the same legal parcel, which are owned by the same person shall be considered as one Premises.
.590 “Prohibited Container Contaminants” the definition is dependent on which collection program is currently offered by the Franchisee. Collection Program Types are provided below:
(1) Collection Program 1, Three-Container System or three-plus-container collection service (Recyclable Materials Container, Organic Materials Container, and Solid Waste Container): “Prohibited Container Contaminants" means the following: (i) Discarded Materials placed in the Recyclable Materials Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Recyclable Materials Container; (ii) Discarded Materials placed in the Organic Materials Container that are not identified as acceptable Source Separated Organic Materials for the City’s Organic Materials Container; (iii) Discarded Materials placed in the Solid Waste Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Organic Materials to be placed in City’s Organic Materials Container and/or Recyclable Materials Container; and, (iv) Excluded Waste placed in any container.
(2) Collection Program 2, Two-Container System service for Source Separated Organic Materials and mixed materials): “Prohibited Container Contaminants” means the following: (i) Discarded Materials placed in a Organic Materials Container that are not identified as acceptable Source Separated Organic Materials for the City’s Organic Materials Container; (ii) Discarded Materials placed in the Solid Waste Container that are identified as acceptable Source Separated Organic Materials, which are to be separately collected in City’s Organic Materials Container; and, (iii) Excluded Waste placed in any container.
(3) Collection Program 3, Two-Container System service for Source Separated Recyclable Materials and mixed materials): “Prohibited Container Contaminants” means the following: (i) Discarded Materials placed in a Recyclable Materials Container that are not identified as acceptable Source Separated Recyclable Materials for City’s Recyclable Materials Container; (ii) Discarded Materials placed in the Solid Waste Container that are identified as acceptable Source Separated Recyclable Materials, which are to be separately collected in City’s Recyclable Materials Container; and, (iii) Excluded Waste placed in any container.
.600 “Qualified Household Hazardous Waste” shall mean waste materials determined by the California Integrated Waste Management Board, or such governmental body as may succeed to its duties and powers under applicable law, or by the Department of Health Services, the Water Resources Control Board, or the Air Resources Board of the State of California to be:
(1) Of a nature that they must be listed as hazardous in State statutes and regulations; or
(2) Toxic/ignitable/corrosive/reactive; or
(3) Carcinogenic/mutagenic/teratogenic;
and which are discarded from households, as opposed to businesses. Qualified household hazardous waste shall not include hazardous waste.
.610 “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
.620 “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
.630 “Recyclable Materials” 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.
.640 “Recyclable Materials Container” shall be used for the purpose of storage and collection of Source Separated Recyclable Materials, including Non-Organic Recyclables or Source Separated Organic Waste that is accepted through the City’s Recycling program, including Paper Products and Printing and Writing Paper.
.650 “Recycle” or “Recycling” shall mean the process of collecting, sorting, cleansing, treating, and reconstituting or otherwise processing materials that are or 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 deemed to constitute a reduction of landfill disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation, as defined in Public Resources Code Section 40201.
.660 “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
.670 “Refuse” shall mean all non-recyclable solid waste, trash, garbage, rubbish, offal, animal waste, and any other non-recyclable matter rejected as useless by the owner or producer thereof, whether combustible or non-combustible, except said term shall not include hazardous waste, qualified household hazardous waste or medical waste as defined in this chapter.
.680 “Residential Premises” means of, from, or pertaining to any single-family Premises with fewer than five (5) units.
.690 “Responsible Party” means the owner, property manager, tenant, lessee, occupant, or other designee that subscribes to and pays for Recyclable Materials, Organic Materials, and/or Solid Waste collection services for a Premises in the City, or, if there is no such subscriber, the owner or property manager of a Single-Family Premises, Multi-Family Premises, or Commercial Premises. In instances of dispute or uncertainty regarding who is the Responsible Party for a Premise, Responsible Party shall mean the owner of a Single Family Premises, Multi-Family Premises, or Commercial Premises.
.700 “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-Premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
.710 “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, or as otherwise defined in 14 CCR Section 18982(a)(65).
.720 “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
.730 “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
.740 “Self-Haul” means to act as a Self-Hauler.
.750 “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or Recyclable Material they have generated to another person. Self-hauler also includes a landscaper, or a person who back-hauls waste. Back-haul means generating and transporting Recyclable Materials or Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
.760 “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and non-putrescible 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.
(4) Recyclable Materials, Organic Waste, and Construction and Demolition Debris when such materials are Source Separated.
.770 “Solid Waste Container” shall be used for the purpose of storage and collection of Solid Waste.
.780 “Source Separated” or “Source-Separated (materials)” means materials, including commingled Recyclable Materials and Organic Materials, that have been separated or kept separate from the Solid Waste/Mixed Waste stream, at the point of generation, 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, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the Generator, Responsible Party, or Responsible Party’s employee, into different containers for the purpose of collection such that Source-Separated materials are separated from Solid Waste/Mixed Waste for the purposes of collection and processing.
.790 “Source Separated Organic Materials” means Organic Materials that are Source Separated and placed in an Organic Materials Container.
.800 “Source Separated Recyclable Materials” means Recyclable Materials that are Source Separated and placed in a Recyclable Materials Container.
.810 “State” means the State of California.
.820 “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, or as otherwise defined in 14 CCR Section 18982(a)(71).
.830 “Three-Container System” means a collection system in which generators are required to source separate Discarded Materials into three streams: Solid Waste, Source Separated Recyclable Materials and Source Separated Organic Materials for placement in Containers specifically designated for those materials.
.840 “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) 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 ordinance.
.850 “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.
(2) Hotel with an on-site Food Facility and 200 or more rooms.
(3) Health facility with an on-site Food Facility and 100 or more beds.
(4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(7) 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 ordinance.
.860 “Two-Container System” means a collection system in which generators are required to source separate Discarded Materials into two streams and is dependent on the collection program currently available in the City. Two-Container System Types are provided below:
A) Solid Waste and Recyclable Materials are collected together in a Solid Waste Container, and Source Separated Organic Materials are collected in an Organic Materials Container.
B) Solid Waste and Organic Materials and collected together in a Solid Waste Container, and Source Separated Recyclable Materials are collected in an Recyclable Materials Container.
.870 “Uncontainerized Yard Waste Collection Service” or “Uncontainerized Service” means a collection service that collects green waste and Yard Waste that is placed in a pile or bagged for collection on the street in front of a Generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
.880 “Waiver Holder” means a Commercial Business that may apply for a waiver under Section 10.10.120. Under these circumstances, the City Manager or their Designee may issue special written permits (waivers) authorizing variations from the provisions of this Chapter. Special written permits include de minimis waivers and physical space waivers.
.890 “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, or as otherwise defined in 14 CCR Section 189852(a)(76).
.900 “Yard Waste” means types of Organic Waste resulting from normal yard and landscaping installation, maintenance, or removal. Yard Waste is a subset of Organic Waste. (Ord. 6519 § 1 (part); December 11, 2021.)