The following words and phrases whenever used in this chapter have the meaning defined in this section. In the event of a conflict between a definition in this section and a state law definition in 14 C.C.R. § 18982, the state law definition shall control. Additionally, state law definitions in 14 C.C.R. § 18982 shall control for words and phrases used in this chapter and not defined in this section.
BACK-HAUL. Generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment.
BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT. 42 U.S.C. § 1791.
CALIFORNIA GOOD SAMARITAN FOOD DONATION ACT. Assembly Bill 1219 (2017).
CALRECYCLE. California Department of Resources Recycling and Recovery.
COMMERCIAL BUSINESS. A firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for profit or nonprofit, strip mall, industrial facility, or multifamily residential dwelling. COMMERCIAL BUSINESS includes hotels, motels, and other transient occupancy facilities.
COMMERCIAL EDIBLE FOOD GENERATOR. A tier one or tier two commercial edible food generator. COMMERCIAL EDIBLE FOOD GENERATOR does not include food recovery organizations and food recovery services.
COMMUNITY COMPOSTING. Any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and that does not involve a total amount of feedstock and compost on-site at any one time in excess of one hundred (100) cubic yards and seven hundred fifty (750) square feet.
COMPOST. The product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or that are separated at a centralized facility.
COMPOSTABLE PLASTIC. Plastic materials that meet the ASTM D6400 standard for compostability.
CONTAMINATED CONTAINER. A container having prohibited container contaminants.
DESIGNEE. An entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities under this chapter.
EDIBLE FOOD. Food intended for human consumption. EDIBLE FOOD is not solid waste if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of EDIBLE FOOD that does not meet the food safety requirements of the California Retail Food Code (Cal. Health and Safety Code § 113700 et seq.).
EXCLUDED WASTE. Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that a facility operator, which receives materials from the city and its generators, reasonably believes would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of law including: land use restrictions or conditions; waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions; and waste that in the reasonable opinion of the city or its designee 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. EXCLUDED WASTE does not include de minimis volumes or concentrations of waste of a type and amount normally found in residential dwelling 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 also 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 city or its designee.
FOOD DISTRIBUTOR. A company that distributes food to entities including supermarkets and grocery stores.
FOOD FACILITY. An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level.
FOOD RECOVERY. Actions to collect and distribute for human consumption food that otherwise would be disposed.
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. FOOD RECOVERY ORGANIZATION includes: a food bank as defined in Cal. Health and Safety Code § 113783; a nonprofit charitable organization as defined in Cal. Health and Safety Code § 113841; and a nonprofit charitable temporary food facility as defined in Cal. Health and Safety Code § 113842.
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.
FOOD SCRAPS. All food such as fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. FOOD SCRAPS does not include 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.
FOOD-SOILED PAPER. Compostable paper material that has come in contact with food or liquid such as compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
FOOD WASTE. Food scraps, food-soiled paper, and compostable plastics.
GRAY CONTAINER. A container where either:
1. The lid of the container is gray or black in color; or
2. The body of the container is entirely gray or black in color and the lid is gray or black in color.
GRAY CONTAINER WASTE. Solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container.
GROCERY STORE. A store primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry.
HAULER ROUTE. The designated itinerary or sequence of stops for each segment of the city's collection service area.
HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY. A facility that is in compliance with the reporting requirements of 14 C.C.R. § 18815.5(d), and that 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 by CalRecycle.
LARGE EVENT. An event, including a sporting event or a flea market, that charges an admission price or is operated by a local agency, and that serves an average of more than two thousand (2,000) individuals per day of operation.
LARGE VENUE. 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. A site under common ownership or control that includes more than one (1) 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 ordinances or county regulations related to solid waste.
MIXED WASTE. Organic waste collected in a container that is required by 14 C.C.R. § 18984.1, 18984.2, or 18984.3 to be taken to a high diversion organic waste processing facility.
MULTIFAMILY RESIDENTIAL DWELLING. Residential premises with five (5) or more dwelling units. MULTIFAMILY RESIDENTIAL DWELLING does not include hotels, motels, or other transient occupancy facilities.
NON-COMPOSTABLE PAPER. Paper that is coated in a plastic material or that otherwise will not breakdown in the composting process.
NON-LOCAL ENTITY. An entity that is an organic waste generator but is not subject to the city's ordinances related to solid waste.
NON-ORGANIC RECYCLABLES. Non-putrescible and non-hazardous recyclable wastes including bottles, cans, metals, plastics, and glass.
ORGANIC WASTE. Solid wastes containing material originated from living organisms and their metabolic waste products including food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges.
ORGANIC WASTE GENERATOR. A person or entity that is responsible for the initial creation of organic waste.
PAPER PRODUCTS. Paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, toweling, and similar products.
PRINTING AND WRITING PAPERS. 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, publications, and similar products.
PROHIBITED CONTAINER CONTAMINANTS. Discarded materials placed in a container that are not identified as acceptable source separated materials for that container.
RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT POLICY. The City Council resolution stating the city's policy for procurement of recovered organic waste products in accordance with 14 C.C.R. § 18993.1.
RECOVERED ORGANIC WASTE PRODUCTS. Products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility.
RECOVERY. Any activity or process described in 14 C.C.R. § 18983.1(b).
REMOTE MONITORING. The use of the internet of things and/or wireless electronic devices to visualize the contents of containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
RESTAURANT. An establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption.
ROUTE REVIEW. A visual inspection of containers along a hauler route for the purpose of identifying contaminated containers, and may include mechanical inspection methods such as the use of cameras.
SELF-HAULER. A person who hauls solid waste, organic waste, or recyclable material he or she has generated to another person. SELF-HAULER includes a person who back-hauls waste.
SOLID WASTE. All putrescible and non-putrescible solid, semisolid, and liquid wastes. SOLID WASTE includes: 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 that is not hazardous waste, manure, vegetable, or animal solid and semi-solid wastes; and other discarded solid and semisolid wastes. SOLID WASTE does not include: hazardous waste as defined in Cal. Public Resources Code § 40141; radioactive waste regulated pursuant to the Radiation Control Law (Cal. Health and Safety § 114960 et seq.); or medical waste regulated pursuant to the Medical Waste Management Act (Cal. Health and Safety Code § 117600 et seq.).
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 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. SOURCE SEPARATED includes separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection and processing.
SOURCE SEPARATED BLUE CONTAINER ORGANIC WASTE. Source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables.
SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE. Source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, 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 that has gross annual sales of two million dollars ($2,000,000) or more, and that sells a line of dry grocery, canned goods, or nonfood items and perishable items.
TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR. Any one of the following:
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. Any one of the following:
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.
WHOLESALE FOOD VENDOR. A business or establishment engaged in the merchant wholesale distribution of food, where food is received, shipped, stored, and prepared for distribution to a retailer, warehouse, distributor, or other destination.
(Ord. 1224, passed 2-15-2022)