Unless it is apparent from the context that another meaning is intended, the following words and terms shall, for purposes of this chapter, have the meaning as set forth in this section.
"AB 341" ("Assembly Bill 341") means that state law adopted in 2011 that requires commercial businesses that meet specified waste generation thresholds to arrange for recycling services.
"AB 827" means the state law adopted in 2019 that requires certain businesses to provide customers access to recycling containers.
"AB 939" means the California Integrated Waste Management Act of 1989 (Cal. Public Resources Code § 40000 et seq.).
"AB 1826" means the state law adopted in 2015 that requires commercial businesses that meet specified waste generation thresholds to arrange for organic waste recycling services.
"Administrator" means one or more employees designated by the City Manager who is functioning in a responsible level in the city administration. The administrator(s) shall administer and enforce the provisions of this chapter.
"Anaerobic digestion" means in-vessel controlled system of digestion, such as, but not limited to a treatment facility for the digestion of organics to produce methane and reduce the volume of organics sent to landfills.
"Back-haul" means transporting recyclable materials or organic waste to a destination owned and operated by the waste generator using a vehicle or trailer that was originally used to deliver products or finished goods to the waste generator's location.
"Bin" means a metal container with hinged lids and wheels and a capacity from two to six cubic yards.
"Blue container" means a container with a blue lid and/or body used to store and collect source separated recyclable materials or source separated blue container organic waste.
"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this chapter 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" means California's Department of Resources Recycling and Recovery, which is authorized to implement and enforce state laws related to waste and recycling.
"Cannabis waste" means waste that is not hazardous waste which contains cannabis and that has been made unusable and unrecognizable in the manner required by state cannabis laws. Cannabis waste is a subset of green waste and organic waste. See § 5.36.020.
"Cart" means a plastic container with a hinged lid and wheels serviced by an automated or semi-automated truck with a capacity of no less than 32 gallons and no greater than 101 gallons.
"Chapter" means this Chapter 8.20 of the Corona Municipal Code.
"City" means the City of Corona and all the territory within its city limits.
"Collect" or "Collection" means the operation of gathering together and transporting solid waste to the point of disposal.
"Commercial business" or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential premises. A multi-family residential development that consists of fewer than five units is not a commercial business for purposes of this chapter.
"Commercial edible food generator" means a commercial premises that generates recoverable edible food including a tier one or a tier two commercial edible food generator as defined in this chapter. For the purposes of this definition, food recovery organizations, and food recovery services, are not commercial edible food generators.
"Commercial premises" means premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, commercial and industrial construction and demolition activities, but excluding residential premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations, but are not the primary use of the property. For purposes of this chapter, the following types of properties are commercial premises: multi-family residential premises, assisted living facilities, convalescent homes, dormitories, extended stay motels, group residential facilities, group care facilities, hostels, hotels, and motels. A multi-family residential development that consists of fewer than five units is not a commercial premises.
"Community composting" means any activity that composts green waste, 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.
"Community composting operator" means a person who is responsible for the care and control of a community composting site.
"Compliance review" means a review of records of a commercial business by the city or its designee to determine compliance with this chapter and/or state law.
"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.
"Compostable plastic" means plastic material that meets the American Society for Testing and Materials (ASTM) D6400 standard for compostability (sections 5.1 through 6.4.2 published May 2019).
"Construction and demolition debris" ("C&D debris") means any solid waste generated at a premises that is directly related to construction or demolition activities. These activities include, but are not limited to, construction, demolition, remodeling, grading, land clearing, or renovation on any residential, commercial, institutional or industrial building, road, driveway, walkway or other structure. C&D debris includes but is not limited to, concrete, asphalt paving, asphalt roofing, lumber, gypsum board, rock, soil and metal.
"Container" means any and all types of solid waste receptacles, including carts, bins, and rolloff boxes.
"Container contamination" or "contaminated container" means a container, regardless of color, that contains prohibited container contaminants.
"Customer" means a person receiving solid waste handling services from the franchisee pursuant to the terms of the franchise agreement.
"Designated entity" means an entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this chapter. A designee may be a government entity, a franchisee, a private entity, or a combination of those entities.
"Discarded materials" means solid waste discarded by the waste generator or customer.
"Disposal" means the final deposit of solid waste at a landfill or source separated facility permitted to accept such material.
"Diversion" means any combination of waste prevention (source reduction), recycling, reuse and composting activities that reduces waste disposed at landfills, provided such activities are recognized by CalRecycle as diversion in its determination of the city's diversion targets and compliance with AB 939.
"Edible food" means food intended for human consumption. For the purposes of this chapter 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.).
"Enforcement action" means an action of the city to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
"Excluded waste" means hazardous substances, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operators), which receive materials from the city and its waste 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 opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in solid waste generated at residential premises after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint.
"Food distributor" means a company that distributes food to commercial edible food generators.
"Food facility" means a permanent or temporary operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Food facility has the same meaning as in Cal. Health and Safety Code § 113789. A food facility includes an operation where food is consumed on or off the premises, regardless of whether there is a charge for the food. A food facility includes a place used in conjunction with the operations described in this section, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. A food facility includes, but is not limited to, school cafeterias, licensed health care facilities, commissaries, mobile food facilities, vending machines, farmers' markets, farm stands, microenterprise home kitchen operations, and catering operations. Food facility does not include any of the following:
(1) A cooperative arrangement wherein no permanent facilities are used for storing or handling food;
(2) A private home when used for private, noncommercial purposes or when used as a cottage food operation pursuant to Chapter 8.16 of this code;
(3) A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period;
(4) A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event;
(5) A premises set aside for wine tasting, or beer manufacturing, regardless of whether there is a charge for the wine or beer tasting;
(6) An outlet or location, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted at an outlet or location controlled by the producer;
(7) A commercial food processing establishment;
(8) A child day care facility;
(9) A community care facility;
(10) A residential care facility for the elderly;
(11) A residential care facility for the chronically ill;
(12) An intermediate care facility for the developmentally disabled;
(13) A community food producer;
(14) A limited-service charitable feeding operation.
"Food recovery" means actions to collect and distribute edible food for human consumption that otherwise would be disposed.
"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 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.
"Food recovery service" means 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" means all discarded 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" 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.
"Food-soiled paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
"Food waste" means food scraps, food-soiled paper, and compostable plastics.
"Franchise agreement" means the agreement between the franchisee and the city to provide solid waste handling service in the city.
"Franchisee" means the company (or companies) that is awarded an exclusive (or non-exclusive) franchise or contract by the city for the handling solid waste.
"Full-service restaurant" means a food facility with the primary business purpose of serving food, where food may be consumed on the premises, and where all of the following actions are taken by an employee of the establishment:
(1) The consumer is escorted or assigned to an assigned eating area. The employee may choose the assigned eating area or may seat the consumer according to the consumer's need for accommodation or other request;
(2) The consumer's food and beverage orders are taken after the consumer has been seated at the assigned seating area;
(3) The food and beverage orders are delivered directly to the consumer;
(4) Any requested items associated with the consumer's food or beverage order are brought to the consumer;
(5) The check is delivered directly to the consumer at the assigned eating area; and
(6) The consumer does not deliver the consumer's waste and used dishes etc. to another location or otherwise clean the consumer's own table.
"Garbage" means all putrescible waste which generally includes, but is not limited to, animal, vegetative, food or any other waste that is attendant with, or results from the storage, preparation, cooking or handling of food materials attributed to normal activities of a service unit. Garbage must be generated by and at the customer location where the garbage is collected. Garbage does not include those items defined herein as food waste or exempt waste.
"Gray container" means a container with a gray or black lid and/or body used to store and collect gray container waste.
"Gray container waste" means refuse or mixed waste that is collected in a gray container that is part of collection service that prohibits the placement of green or blue container waste in the gray container.
"Green container" means a container with a green lid and/or body used for storage and collection of source separated green container waste.
"Green container waste" means green waste, organic waste, food scraps, food-soiled paper, and compostable plastics that are collected in a green container that is part of a service that prohibits the placement of refuse, mixed waste, and non-organic recyclables in the green container.
"Green waste" means shrubbery, tree trimmings, yard waste, grass, weeds, straw or leaves, wood chips and other household garden organic materials.
"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.
"Hauler route" means the designated itinerary or sequence of stops for each segment of the city's collection service area.
"Hazardous waste" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in the Cal. Health and Safety Code §§ 25110.02, 25115, and 25117 or in future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Resource Conservation and Recovery Act.
"High diversion organic waste processing facility" means a facility that meets or exceeds the applicable annual average mixed waste organic content recovery rate as calculated pursuant to 14 CCR § 11815.5(e).
"Household hazardous waste" means hazardous waste generated at residential premises.
"Inspection" means a site visit where the city reviews records, containers, and a person's collection, handling, recycling, or landfill disposal of organic waste or the handling of edible food to determine compliance with the requirements set forth in this chapter.
"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 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.
"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. A large 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.
"Manure" means animal excrement, especially that of livestock and domestic farm animals, and any secondary materials used for bedding or sanitary purposes.
"Materials recovery facility" means a permitted solid waste facility where solid wastes or recyclable materials are sorted or separated for the purposes of recycling, processing or composting.
"Medical waste" means any solid waste that is generated or has been used in the diagnosis, treatment, or immunization of human beings or animals, or research pertaining thereto, and shall include, but not limited to, biomedical, biohazardous and medical waste, or other solid waste resulting from medical activities or services any state or federal law or regulation, all as currently enacted or subsequently amended.
"Multi-family residential premises" means of, from, or pertaining to residential premises with five or more dwelling units. Multi-family residential premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
"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.
"Non-organic recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass.
"Notice of violation (NOV)" means a notice that a violation of this chapter has occurred that includes a compliance date to avoid the imposition of penalties.
"Organic waste" means solid waste containing material originated from living organisms and their metabolic waste products, including but not limited to non-edible food, nonhazardous wood waste, food-soiled paper, food scraps, landscape and pruning waste, green waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges.
"Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste.
"Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling.
"Person" includes firms, corporations, associations, partnerships, societies, church organizations and individuals.
"Premises" means any land or building in the city where solid waste is generated or accumulated.
"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.
"Prohibited container contaminants" means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container; (iii) discarded materials placed in the gray container that would otherwise be acceptable source separated recyclable materials; and (iv) excluded waste placed in any container.
"Property owners" means the owner of real property.
"Putrescible waste" means waste that is capable of being decomposed by microorganisms with sufficient speed as to cause a nuisance because of odor, gases, or other offensive conditions, and including materials such as, but not limited to, food waste and dead animals.
"Recovered organic waste products" means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility.
"Recovery" or "Recovered" means any activity or process that prevents recyclable materials or organic waste from being placed in a landfill including, but not limited to, recycling, composting, anaerobic digestion, biomass conversion, soil amendment, land application, and lawful use as animal feed.
"Recyclable materials" means paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, construction and demolition debris and any other solid waste material which is capable of being recycled or reused, whether generated from or at residential or commercial premises, which have been segregated from solid waste materials for the purpose of depositing at a designated collection location, including a curbside location, for collection and transportation to the designated recycling facility.
"Recycled-content paper" means paper products and printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber.
"Refuse" means putrescible and non-putrescible waste including garbage, trash, rubbish, and mixed waste.
"Regulated entity" means waste generators, commercial edible food generators, food recovery services, food recovery organizations, and facility operators.
"Remote monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
"Renewable gas" means gas derived from organic waste that has been diverted from a California landfill and processed at an anaerobic ingestion facility that is permitted or otherwise authorized by Title 14 of the CCR to recycle organic waste.
"Residential premises" means premises upon which one or more dwelling units are located, including, without limitation, single-family and multi-family residential premises, apartments, boarding or rooming houses, condominiums, mobile homes, efficiency apartments, and accessory dwelling units. Premises upon which the following uses are occurring shall not be deemed to be residential premises, and rather shall be deemed to be commercial premises: assisted living facilities, convalescent homes, dormitories, extended stay motels, group residential facilities, group care facilities, hostels, hotels, motels, and any other businesses which residency is transient in nature.
"Residential unit" means a building or portion of a building used for dwelling purposes by an individual family or group of persons.
"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption.
"Rolloff box" means a solid waste collection container of ten yards to 40 yards capable of being loaded via winch onto a rolloff vehicle equipped with rails.
"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.
"Rubbish" means, without limitation, the following items: waste and refuse capable of burning, including straw, packing materials, leather, rubber, clothing, bedding, books, rags, and all similar articles which will burn by contact with flames or ordinary temperatures.
"SB 1383" means Senate Bill 1383 of 2016, which added §§ 39730.5, 39730.6, 39730.7, and 39730.8 to the Cal. Health and Safety Code, and added Chapter 13.1 (commencing with § 42652) to Part 3 of Division 30 of the Cal. Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as it is amended, supplemented, superseded, and replaced from time to time.
"SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this chapter, 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" means a person, who hauls solid waste he or she has generated to another person or facility. Self-hauler also includes a person who back-hauls waste.
"Single-family" means of, from, or pertaining to any residential premises with fewer than five units.
"Solid waste" means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition debris, 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. Solid waste includes recyclable materials, organics materials, green waste, and construction and demolition waste. Solid waste does not include hazardous waste, radioactive waste, or medical waste.
"Solid waste handling service" means the service to provide integrated solid waste management including collection, transfer, transport, recycling, processing, diversion and disposal.
"Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products.
"Source separated blue container organic waste" means source separated non-putrescible 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" means 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 organic waste generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.
"Source separated recyclable materials" means source separated non-organic recyclables and source separated blue container organic waste.
"State" means the State of California.
"State agency" means any agency or department of the State of California, including, but not limited to, school districts, boards of education, and any school or other entity operated by or under the auspices of a school district and/or board of education.
"State agency collector" means any person that collects solid waste from premises located within the city that are owned or operated by a state agency.
"Supermarket" means a full-line, self-service retail store with gross annual sales of $2,000,000, or more, and which sells a line of dry grocery, canned goods, or non-food items and some perishable items.
"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.
"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 school, college, university, or other educational facility with an on-site food facility.
"Waste generator" means any person whose act or process produces solid waste as or whose act first causes solid waste to become subject to regulation.
"Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
(Ord. 3338 § 4 (part), 2021)