For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADEQUATE SIZE or ADEQUATE LEVEL OF SERVICE. The subscription to collection services from the franchised contractor of containers of sufficient size and/or frequency of service that all trash, organics, and recyclable materials are enclosed within their respective container with the top of the container in a fully closed position ready for collection.
AGREEMENT. A contract entered into between the city and the contractor providing for, among other things, the award of a franchise, payment of franchise fees, and procedures for the contractor’s collection and disposal of materials and the setting of rates and charges for services.
CALIFORNIA CODE OF REGULATIONS or “CCR”. State of California Code of Regulations. CCR references are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
CALRECYCLE. 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).
CITY. The City of Antioch, California.
CITY COUNCIL. The City Council of the City of Antioch, California.
CITY MANAGER. The City Manager of the City of Antioch or his or her designee.
CODE. The Antioch Municipal Code.
COLLECTION. The act of collecting solid waste, recyclables, or organic waste at or near the place of generation or accumulation.
COMMERCIAL BUSINESS or COMMERCIAL. 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 or more units, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.
COMMERCIAL EDIBLE FOOD GENERATOR. Tier One or Tier Two Commercial Edible Food Generator as defined in this section or as otherwise defined in 14 CCR Sections 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.
COMMUNITY COMPOSTING. 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), or as otherwise defined by 14 CCR Section 18982(a)(8).
COMPLIANCE REVIEW. A review of records by the city to determine compliance with this chapter.
COMPOST. 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 or as in 14 CCR Section 17896.2(a)(4).
COMPOSTABLE PLASTICS or COMPOSTABLE PLASTIC. 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).
CONSTRUCTION AND DEMOLITION DEBRIS or C&D. Has the same definition as in § 6-3.201 of this Code.
CONTAINER. An approved receptacle for the storage and disposal of trash, organics, and recyclable materials, including contractor-supplied receptacles such as carts, bins, or drop boxes (or roll-off box, debris box); and also including subscriber-supplied containers for extra materials set out for collection, however limited as to size and weight as specified in the franchise agreement.
CONTAINER CONTAMINATION or CONTAMINATED CONTAINER. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
CONTRACTOR or FRANCHISED CONTRACTOR. The person or entity with whom the city contracts for the collection and disposal of solid waste, including trash, organics, and recyclable materials or other waste materials.
DESIGNEE. An entity that a city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this chapter 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.
EDIBLE FOOD. Food intended for human consumption, 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 the SB 1383 regulations require or authorize the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
ENFORCEMENT ACTION. 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.
ENFORCEMENT OFFICER. The City Manager, county administrative official, chief operating officer, executive director, public works director or other executive in charge or their authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.
EXCLUDED WASTE. Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, 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 the 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 the 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 Cal. Public Resources Code §§ 41500 and 41802. 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 city’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the contractor for collection services.
FOOD DISTRIBUTOR. 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).
FOOD FACILITY. Has the same meaning as in Cal. Health and Safety Code § 113789.
FOOD RECOVERY. Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
FOOD RECOVERY ORGANIZATION. 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 or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Cal. Health and Safety Code § 113783;
(2) A nonprofit charitable organization as defined in Cal. Health and Safety Code § 113841; and
(3) A nonprofit charitable temporary food facility as defined in Cal. Health and Safety Code § 113842.
A FOOD RECOVERY ORGANIZATION 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). 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.
FOOD RECOVERY SERVICE. 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 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 chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
FOOD SCRAPS. 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 SERVICE PROVIDER. 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).
FOOD-SOILED PAPER. 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.
FOOD WASTE. Food scraps, food-soiled paper, and compostable plastics.
GARBAGE. See Trash.
GENERATOR or WASTE GENERATOR. A person or entity that is responsible for the initial creation of waste.
GREEN WASTE. All plant matter cut, trimmed, or pruned from the generator’s premises, including grass, garden plants, flowers, and tree and shrubbery trimmings, but excluding cactus, palm fronds and bamboo.
GROCERY STORE. 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).
HAULER ROUTE. 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).
HAZARDOUS MATERIALS. All materials which are defined as being hazardous to the public health or safety by federal, state, or county statutes, legislation, policies, or rules and regulations. Hazardous materials/waste may include those things which are not hazardous in and of themselves, but which may become hazardous in combination with other materials which may be found in the waste stream. Examples include, but are not limited to, fireworks, gunpowder, antifreeze, paint thinner, mineral spirits, paint, asbestos, insecticides, weed killer, household cleaners with lye or ammonia, and medicines.
HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY. 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% between January 1, 2022 and December 31, 2024, and 75% 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); or as otherwise defined in 14 CCR Section 18982(a)(33).
INFECTIOUS WASTE. All waste materials which are defined as being injurious to the public health or safety by federal, state, or county statutes, legislation, policies, or rules and regulations. Examples include, but are not limited to, needles and syringes and other instruments used to administer medication, disposable diapers, rags or other materials used to clean areas infected by human or animal waste, and other materials contaminated with or exposed to infected or contagious persons, animals, or materials.
INSPECTION. A site visit where the city reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of trash, recyclable materials, organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter.
LARGE EVENT. 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.
LARGE VENUE. 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. 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.
LOCAL EDUCATION AGENCY. A school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
MIXED WASTE ORGANIC COLLECTION STREAM or MIXED WASTE. Organic 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).
MULTIPLE-FAMILY DWELLING or MULTI-FAMILY RESIDENTIAL DWELLING or MULTI-FAMILY. Premises used for residential purposes with five or more dwelling units, including condominium projects, duplexes, townhouse projects, apartment houses, or mobile home parks, irrespective of whether residence therein is transient, temporary or permanent, which receive collection services from centralized locations. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
NOTICE OF VIOLATION or NOV. 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) or further explained in 14 CCR Section 18995.4.
OCCUPIED. Any structure or property that is served by an active water account.
ORGANIC WASTE or ORGANICS. Includes 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 otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
ORGANIC WASTE CONTAINER or ORGANICS CONTAINER. A container used for the purpose of storage and collection of source separated organic waste.
ORGANIC WASTE GENERATOR. Person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
PAPER PRODUCTS. Including 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).
PRINTING AND WRITING PAPERS. Including but 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, or as otherwise defined in 14 CCR Section 18982(a)(54).
PROHIBITED CONTAINER CONTAMINANTS. Materials placed in the incorrect container for resource recovery, includes the following: (i) discarded materials placed in the recycling container that are not identified as acceptable source separated recyclable materials for the city’s recycle container; (ii) discarded materials placed in the organics container that are not identified as acceptable source separated organics for the city’s organics container; (iii) discarded materials placed in the trash container that are acceptable source separated recyclable materials and/or source separated organic waste to be placed in city’s organics container and/or recyclable materials container; and (iv) excluded waste placed in any container.
RECOVERY. Any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
RECYCLABLES or RECYCLABLE MATERIALS. Defined as and including glass, paper, cardboard, wood, concrete, plastic, used motor oil and filters, ferrous and non-ferrous metal, aluminum, and any other waste materials that are capable of being recycled.
RECYCLE, RECYCLED and RECYCLING. The process of collecting, sorting, cleansing, treating, reconstituting and/or selling recycling materials, and returning them to use in the economy. It includes construction and demolition debris, including asphalt and concrete. (See regulations regarding management plan for construction and demolition debris, at § 6-3.201 et seq. of the Antioch Municipal Code.)
RECYCLED-CONTENT PAPER. Paper products and printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
RECYCLING 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.
RECYCLING FACILITY. A business that collects or processes recyclable materials.
REFUSE. See Trash.
REMOTE MONITORING. The use of the internet of things and/or wireless electronic devices to visualize the contents of trash containers, recycling containers, and organics containers, for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
RESIDENTIAL. Any residential dwelling.
RESOURCE RECOVERY. Managing solid waste and sorting them in a manner as to maximize the ability to use discarded material to create valuable products as new outputs. The aim is to reduce the amount of waste generated, thereby reducing the need for landfill space, optimizing the values created from waste and reducing the need to use raw materials in the manufacturing process.
ROUTE REVIEW. 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).
RUBBISH. See Trash.
SALVAGE. The authorized and controlled accumulation of solid waste materials for subsequent use. SALVAGEABLE MATERIALS refers to items that can be put to subsequent use.
SB 1383. Senate Bill 1383 (Chapter 395, Statutes of 2016), which established 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.
SB 1383 REGULATIONS. 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.
SELF-HAULER. A person who hauls solid waste, organic waste or recyclable materials they have generated to another person. SELF-HAULER also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). “Back-haul” means generating and transporting 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).
SINGLE-FAMILY. Of, from, or pertaining to any residential premises with fewer than five units.
SOLID WASTE or WASTE. All putrescible and non-putrescible solid, semi- solid, and liquid wastes, including solid waste, trash, refuse, paper, rubbish, ashes, commercial and industrial wastes, green waste, construction and demolition debris, abandoned vehicles and parts thereof, discarded home and industrial appliances, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi- solid wastes. SOLID WASTE or WASTE includes recyclable materials that are discarded by the generators of such materials and mixed waste which include both recyclable and non-recyclable materials. SOLID WASTE or WASTE does not include any of the following wastes: (1) hazardous waste, as defined in Public Resources Code Section 40141; (2) radioactive waste; and (3) medical waste regulated pursuant to the Medical Waste Management Act. It includes all recyclable materials that are discarded by the generator, and mixed waste. Solid Waste does not include exempt waste, as defined above.
SOURCE SEPARATE. The process of removing recyclable materials and organic waste from solid waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for recyclable materials.
SOURCE SEPARATED ORGANIC WASTE. Organic waste that can be placed in an organics container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated recyclable materials, carpets, non-compostable paper, and textiles.
SOURCE SEPARATED RECYCLABLE MATERIALS. Source separated organic wastes that can be placed in a recycling container that is limited to the collection of those organic wastes and non-organic recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7).
SOURCE SEPARATED RECYCLABLE MATERIALS. Source separated non-organic recyclables and source separated organic recyclables.
SPECIAL HANDLING MATERIALS. All materials which are defined as requiring special handling for the public health and safety by federal, state, or county statutes, legislation, policies, or rules and regulations. SPECIAL HANDLING MATERIALS shall also mean those things which are not dangerous in and of themselves but which may impose a hazard to the public health when combined with other materials which may be found in a waste stream or disposal site, or which may contaminate water supplies or other facilities used by the public and not disposed of properly, or which cannot be conveniently handled using standard equipment and procedures. Examples include, but are not limited to, used automobile oil and filters, household cleaners which are not inherently hazardous, and large-sized or bulk materials or materials too heavy to dispose of through the normal container process.
SUBSCRIBER. All persons, firms, corporations, or entities which generate or accumulate solid waste, rubbish, recyclables/salvageable materials, hazardous materials, infectious wastes, or special handling materials within the boundaries of the city as they may exist from time to time.
SUPERMARKET. 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).
TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR. 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.
TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR. 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.
TRASH. Solid wastes placed in the designated container for disposal to landfill.
TRASH CONTAINER. A container used for the purpose of storage and collection of trash.
WASTE DIVERSION. Any effort to reduce the amount of waste disposed of at landfill by reduction, reuse, recycling, or composting.
WHOLESALE FOOD VENDOR. 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).
(‘66 Code, § 6-3.01) (Ord. 711-C-S, passed 6-9-88; Am. Ord. 1088-C-S, passed 3-13-07; Am. Ord. 2177-C-S, passed 1-28-20; Am. Ord. 2200-C-S, passed 1-11-22)