For the purposes of this Article, the following words, terms, phrases, and their derivations have the meanings given herein. Terms not defined in this section and defined elsewhere in this Code shall have the same meanings herein unless the context otherwise requires. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. In the event of a conflict between a definition in this Code and a definition in 14 CCR Section 18982, the definition in Section 18982 shall control for the purposes of this Article. Additionally, for the purposes of this Article, the definitions in 14 CCR Section 18982 shall control for terms used in this Article and not defined in this Code. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded and replaced from time to time.
BLUE CONTAINER: | Has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of source separated recyclable materials. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of source separated recyclable materials and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) shall be deemed to be blue containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. |
C&D: | Construction and demolition debris. |
CALIFORNIA CODE OF REGULATIONS OR CCR: | 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). |
CALRECYCLE: | The California Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on the City (and others). |
COMMERCIAL BUSINESS OR COMMERCIAL: | A firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or non-profit, strip mall, industrial facility, or a multi-family 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 article. |
COMMERCIAL EDIBLE FOOD GENERATOR: | Includes a tier one or a tier two commercial edible food generator as defined herein. 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). |
Tier One Commercial Edible Food Generator: | A commercial edible food generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73): 1. Supermarket. 2. Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet. 3. Food service provider. 4. Food distributor. 5. Wholesale food vendor. |
Tier Two Commercial Edible Food Generator: | A commercial edible food generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(74): 1. 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. 2. Hotel with an on-site food facility and two hundred (200) or more rooms. 3. Health facility with an on-site food facility and one hundred (100) or more beds. 4. Large venue. 5. Large event. 6. 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. 7. A local education agency facility with an on-site food facility. |
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 one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined in 14 CCR Section 18982(a)(8). |
COMPLIANCE REVIEW: | A review of records by the City to determine compliance with this Article. |
COMPOST: | Has the same meaning as in 14 CCR Section 17896.2(a)(4). |
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). |
DESIGNEE: | An entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this Article as authorized in 14 CCR Section 18981.2; or, as otherwise defined in 14 CCR Section 18982(a)(15). A designee may be a government entity, a hauler, a private entity, or a combination of those entities. |
DIRECT SERVICE PROVIDER: | A person, company, agency, district, or other entity that provides a service or services to the City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17). |
EDIBLE FOOD: | Food intended for human consumption; or, as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this article 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 Article 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 State Retail Food Code. |
ENFORCEMENT ACTION: | An action of the City to address non-compliance with this Article including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies; or, as otherwise defined in 14 CCR Section 18982(a)(19). |
ENFORCEMENT OFFICIAL: | The City Manager or the City's authorized designee(s) who is/are partially or wholly responsible for enforcing this article. |
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 City's Enforcement Official'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 Sections 41500 and 41802 of the State Public Resources Code. |
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 Section 113789 of the State Health and Safety Code. |
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 Section 113783 of the State Health and Safety Code; 2. A nonprofit charitable organization as defined in Section 113841 of the State Health and Safety Code; and 3. A nonprofit charitable temporary food facility as defined in Section 113842 of the State Health and Safety Code. A food recovery organization is not a commercial edible food generator for the purposes of this article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). |
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 article 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, fats, oils, grease, and eggshells. |
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: | One hundred percent (100%) plant fiber based paper with no plastic, wax, bio-plastic coating, liner, or laminate that has come in contact only with food or drink liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons, to-go containers, serving-ware, egg cartons, napkins, kitchen towels, food boats, packaging, plates, cups, and pizza boxes, and excludes items such as, but not limited to, bathroom tissue, toilet paper, or feminine products. |
FOOD WASTE: | Food scraps and food-soiled paper. |
GENERATOR: | A person or entity that is responsible for the initial creation of solid waste, and with respect to organic waste, means a person or entity that is responsible for the initial creation of organic waste; or, as otherwise defined in 14 CCR Section 18982(a)(48). |
GRAY CONTAINER: | Has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of gray container waste or mixed waste, as applicable. Pursuant to 14 CCR Section 18982(a)(28), "Gray Container" includes a container with a black body and black lid and a container with a gray body and black lid. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of gray container waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28) shall be deemed to be gray containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. |
GRAY CONTAINER WASTE: | Solid Waste that is collected in a gray container that is part of the City's organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b); or, as otherwise defined in 14 CCR Section 17402(a)(6.5). |
GREEN CONTAINER: | Has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of source separated green container organic waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of source separated green container organic waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) shall be deemed to be green containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. |
GREEN WASTE: | Types of organic waste resulting from normal yard and landscaping installation, maintenance, or removal. |
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 WASTE: | Waste as defined in State Public Resources Code Section 40141. |
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 fifty percent (50%) between January 1, 2022 and December 31, 2024, and seventy five percent (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). |
INSPECTION: | A site visit where the City or its designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this Article; or, as otherwise defined in 14 CCR Section 18982(a)(35). |
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 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; or, as otherwise defined in 14 CCR Section 18982(a)(38). |
LARGE VENUE: | Unless otherwise defined in 14 CCR Section 18982(a)(39), 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. For purposes of this Article 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 Article 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. |
LOCAL EDUCATION AGENCY: | A school district, charter school, or county office of education that is not subject to the control of the City's 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, as applicable, to be taken to a High Diversion Organic Waste Processing Facility; or, as otherwise defined in 14 CCR Section 17402(a)(11.5). |
MULTI-FAMILY RESIDENTIAL DWELLING(S) OR MULTI-FAMILY: | 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. |
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). |
NON-LOCAL ENTITY: | Entities that are not subject to the City's enforcement authority, and may include, but are not limited to, special districts, federal facilities, prisons, facilities operated by the state parks system, public universities, including community colleges, county fairgrounds, and state agencies; or, as otherwise defined in 14 CCR Section 18982(a)(42). |
NON-ORGANIC RECYCLABLES: | Non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics and glass; or, as otherwise defined in 14 CCR Section 18982(a)(43). |
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. |
ORGANIC WASTE: | 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 papers, 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). |
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). |
PRINTING AND WRITING PAPERS: | Include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). |
PROHIBITED CONTAINER CONTAMINANTS: | Unless otherwise defined in 14 CCR Section 18982(a)(55), means the following, but does not include organic waste specifically allowed for collection in a container that is required to be transported to a high diversion organic waste processing facility if the waste is specifically identified as acceptable in that container in a manner that complies with the requirements of CCR Sections 18984.1, 18984.2, and 18984.3, as applicable: 1. Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the City's blue container; 2. Discarded materials placed in the gray container that are identified as acceptable source separated green container organic waste to be placed in the City's green container or source separated recyclable materials to be placed in the City's blue container; 3. Discarded materials placed in a green container that are not identified as acceptable source separated green container organic waste for the City's green container including carpet, hazardous wood waste and non-compostable paper; and 4. Excluded waste placed in any container. |
RECOVERED ORGANIC WASTE PRODUCTS: | Products made from landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility; or, as otherwise defined in 14 CCR Section 18982(a)(60). |
RECOVERY: | Any activity or process described in 14 CCR Section 18983.1(b); or, as otherwise defined in 14 CCR Section 18982(a)(49). |
RECYCLED-CONTENT : | Paper products and printing and writing papers that consist of at least thirty percent (30%), by fiber weight, postconsumer fiber; or, as otherwise defined in 14 CCR Section 18982(a)(61). |
RESTAURANT: | 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). |
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). |
SB 1383: | Senate Bill 1383 of 2016 approved by the Governor of the State on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the State Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the State Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants. |
SB 1383 ELIGIBLE MULCH: | Mulch eligible to meet the City's annual recovered organic waste product procurement target pursuant to 14 CCR Chapter 12 of Division 7. SB 1383 eligible mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4): 1. Produced at one of the following facilities: a. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10); b. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or c. A solid waste landfill as defined in State Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2. 2. Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5)(A)1 through 3. |
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 14 CCR and 27 CCR. |
SELF-HAULER: | A person or entity, who, in compliance with all applicable requirements of this Code, hauls solid waste, organic waste or recyclable materials he or she has generated to another person or entity and includes a landscaper or a person who back-hauls organic 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 (5) dwelling units, including duplexes. |
SOLID WASTE: | Unless otherwise defined in State Public Resources Code Section 40191, 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 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; 2. Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code); and 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. |
SOURCE SEPARATED: | Materials, including commingled recyclable materials, that have been separated or kept separate from the solid 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 this Article, source separated shall include, at the point of generation, separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers, bags, or piles, as applicable, for the purpose of collection such that source separated materials are separated from mixed waste or other solid waste for the purposes of collection and processing of those materials. |
SOURCE SEPARATED BLUE CONTAINER ORGANIC WASTE: | Source separated organic waste that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables. Source separated blue container organic waste includes paper products, printing and writing paper, wood and dry lumber and textiles unless otherwise specified by the City but excludes source separated green container organic waste. |
SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE: | Source separated organic waste that can be placed in a green container that is limited to the collection of those organic wastes; or as otherwise specified in 14 CCR 18984.1 (a) and (b), excluding source separated blue container organic waste, and unless otherwise specified by the City, carpets, non-compostable paper, and textiles. |
SOURCE SEPARATED RECYCLABLE MATERIALS: | Source separated non-organic recyclables and source separated blue container organic waste. |
SUPERMARKET: | A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), 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). |
UNCONTAINERIZED GREEN WASTE AND YARD WASTE COLLECTION SERVICE: | 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, or in the alley behind, a generator's premises for collection and transport to a facility that recovers source separated organic waste; or, as otherwise defined in 14 CCR Section 189852(a)(75). |
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). (Ord. 21-O-2854, eff. 1-21-2022) |