For the purposes of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLACK CONTAINER. Has the same meaning as gray container and shall be used for the purpose of storage and collection of black container waste.
BLACK CONTAINER WASTE. Solid waste that is collected in a black container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the black container in the same manner that 14 CCR §§ 18984.1(a) and (b) prohibit the placement of organic waste in a gray container.
BLUE CONTAINER. Has the same meaning as in 14 CCR § 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.
BROWN CONTAINER. A brown container which shall be used by commercial businesses for the purpose of discarding and collecting of source separated organic waste.
CALIFORNIA CODE OF REGULATIONS or CCR. 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. California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations.
CITY. The City of Culver City.
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 multi-family residential dwelling, or as otherwise defined in 14 CCR § 18982(a)(6).
COMMERCIAL EDIBLE FOOD GENERATOR. Includes a tier one or a tier two commercial edible food generator, as defined in this Chapter, or as otherwise defined in 14 CCR §§ 18982(a)(73) and (74). For the purposes of this definition, food recovery organizations and food recovery services are not COMMERCIAL EDIBLE FOOD GENERATORS pursuant to 14 CCR § 18982(a)(7).
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 § 17855(a)(4) or as otherwise defined by 14 CCR § 18982(a)(8).
COMPLIANCE REVIEW. A review of records to determine compliance with this Chapter.
COMPOST. Has the same meaning as in 14 CCR § 17896.2(a)(4), which provided, as of the effective date of this Chapter, that COMPOST means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
CONTAINER CONTAMINATION or CONTAMINATED CONTAINER. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR § 18982(a)(55).
C&D. Construction and demolition debris.
DESIGNATED SOURCE SEPARATED ORGANIC WASTE FACILITY. As defined in 14 CCR § 18982(14.5), a solid waste facility that accepts a source separated organic waste collection stream as defined in 14 CCR § 17402(a)(26.6) and complies with one of the following:
1. The facility is a "transfer/processor," as defined in 14 CCR § 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR § 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of fifty percent (50%) between January 1, 2022 and December 31, 2024 and seventy- five percent (75%) on and after January 1, 2025 as calculated pursuant to 14 CCR § 18815.5(f) for organic waste received from the source separated organic waste collection stream.
a. If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a DESIGNATED SOURCE SEPARATED ORGANIC WASTE FACILITY.
2. The facility is a composting operation or composting facility, as defined in 14 CCR § 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR § 18815.7 demonstrates that the percent of the material removed for landfill disposal that is organic waste is less than the percent specified in 14 CCR §§ 17409.5.8(c)(2) or (3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR § 17896.5.
DESIGNEE. An entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this Chapter as authorized in 14 CCR § 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 § 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR § 18982(a)(18), EDIBLE FOOD is not solid waste if it is recovered and not discarded. Nothing in this Chapter 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 Cal. Retail Food Code.
ENFORCEMENT ACTION. An action of the City to address noncompliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
EXCLUDED WASTE. Hazardous substances, 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 would, in the reasonable opinion of the City or its designee, 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).
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 § 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 § 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 § 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 § 18982(a)(7).
If the definition in 14 CCR § 18982(a)(25) for FOOD RECOVERY ORGANIZATION differs from this definition, the definition in 14 CCR § 18982(a)(25) shall apply to this Chapter.
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 § 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 § 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 § 18982(a)(27).
FOOD WASTE. Food scraps and food-soiled paper.
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.
GRAY CONTAINER. Has the same meaning as in 14 CCR § 18982.2(a)(28).
GREEN CONTAINER. Has the same meaning as in 14 CCR § 18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.
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 § 18982(a)(30).
HAULER ROUTE. The designated itinerary or sequence of stops for each segment of a jurisdiction's collection service area, or as otherwise defined in 14 CCR § 18982(a)(31.5).
HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY. A facility that is in compliance with the reporting requirements of 14 CCR § 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 § 18815.5(e) for organic waste received from the mixed waste organic collection stream, as defined in 14 CCR § 17402(a)(11.5); or as otherwise defined in 14 CCR § 18982(a)(33).
INSPECTION. A site visit where the City 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 Chapter, or as otherwise defined in 14 CCR § 18982(a)(35).
JURISDICTION ENFORCEMENT OFFICIAL. Either an inspector from the City's Public Works Department or an officer from the City's Enforcement Services Division.
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. If the definition in 14 CCR § 18982(a)(38) differs from this definition, the definition in 14 CCR § 18982(a)(38) shall apply to this Chapter.
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 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. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one LARGE VENUE that is contiguous with other LARGE VENUES in the site, is a single LARGE VENUE If the definition in 14 CCR § 18982(a)(39) differs from this definition, the definition in 14 CCR § 18982(a)(39) shall apply to this Chapter.
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 § 18982(a)(40).
MULTI-FAMILY RESIDENTIAL DWELLING 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, which are considered commercial businesses.
MWELO. The Model Water Efficient Landscape Ordinance, 23 CCR, Division 2, Chapter 2.7.
NON-COMPOSTABLE PAPER. Includes paper that is not approved by the City’s composting facility because material will not breakdown in the composting process, or as otherwise defined in 14 CCR § 18982(a)(41).
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 § 18982(a)(43).
NOTICE OF VIOLATION. 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 § 18982(a)(45) or further explained in 14 CCR § 18995.4.
ORGANIC WASTE. Solid wastes containing material originated from iving organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, food-soiled paper products, or as otherwise defined in 14 CCR § 18982(a)(46).
ORGANIC WASTE GENERATOR. A person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR § 18982(a)(48).
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 § 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 § 18982(a)(54).
PROHIBITED CONTAINER CONTAMINANTS. Either: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials; (ii) discarded materials placed in a green container or a brown container that are not identified as acceptable source separated green container organic waste; (iii) discarded materials placed in the black container that are acceptable source separated recyclable materials or source separated green container organic wastes that should be placed in the City's blue container, brown container or green container; or (iv) excluded waste placed in any container.
RECOVERED ORGANIC WASTE PRODUCTS. Products made from California landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR § 18982(a)(60).
RECOVERY. Any activity or process described in 14 CCR § 18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49).
RECYCLED-CONTENT PAPER. Paper products or printing and writing papers that consist of at least thirty percent (30%), by fiber weight, post-consumer fiber, or as otherwise defined in 14 CCR § 18982(a)(61).
REGIONAL AGENCY. Regional agency as defined in Cal. Public Resources Code § 40181.
REMOTE MONITORING. The use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and black containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
RENEWABLE GAS. Gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR § 18982(a)(62).
RESPONSIBLE PERSON. Includes, but is not limited to, the following:
1. A person who causes a violation of this Chapter to occur;
2. A person who maintains or allows a violation of this Chapter to continue, by his or her action or failure to act;
3. A person whose agent, employee or independent contractor causes a violation of this Chapter by his or her action or failure to act;
4. A person who is the owner and/or a lessee or sub-lessee, with the current right of possession, of real property where a violation of this Chapter occurs or exists;
5. A person who is the on-site manager of a business and who regularly works at the site when the business is open and who is responsible for the activities on the business's premises;
6. Any person with actual or apparent authority, possession or control of real or personal property; or any other person, who creates maintains, permits or allows a violation of this Chapter.
For the purposes of this definition, PERSON includes a natural person or a legal entity, and the owners, majority stockholders, corporate officers, trustees and general partners of a legal entity.
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 § 18982(a)(64).
ROUTE REVIEW. A visual inspection 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 § 18982(a)(65).
SB 1383. Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the 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 amended, supplemented, superseded, and replaced from time to time.
SB 1383 REGULATIONS or SB 1383 REGULATORY. 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.
SINGLE-FAMILY. Of, from, or pertaining to any residential premises with fewer than five (5) units.
SOLID WASTE. Defined similarly to the definition that term is given in Cal. Public Resources Code § 40191, which defines SOLID WASTE as all putrescible and non-putrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. However, for purposes of this Chapter, SOLID WASTE is defined to include only non-recyclable paper and non-recyclable demolition and construction wastes. Consistent with Cal. Public Resources Code § 40191, SOLID WASTE does not include any of the following wastes:
1. Hazardous waste, as defined in the Cal. Public Resources Code § 40141.
2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with § 114960) of Part 9 of Division 104 of the Cal. Health and Safety Code).
3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with § 117600) of Division 104 of the Cal. Health and Safety Code). Untreated medical waste shall not be disposed of in a SOLID WASTE landfill, as defined in Cal. Public Resources Code § 40195.1. Medical waste that has been treated and deemed to be SOLID WASTE shall be regulated pursuant to Division 30 of the Cal. 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 § 17402.5(b)(4). For the purposes of this Chapter, SOURCE SEPARATED shall include 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 such that SOURCE SEPARATED materials are separated from the black container waste or other solid waste for the purposes of collection and processing.
SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE. Source separated organic waste that can be placed in a green container or a brown container that is specifically intended for the separate collection of organic waste by the generator but excludes source separated recyclable materials, carpets, non-compostable paper and textiles.
SOURCE SEPARATED RECYCLABLE MATERIALS. Source separated non-organic recyclables, printing and writing papers (but excluding cotton fiber) and paper products (but excluding wrapping, tissue and toweling).
STATE. The State of California.
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 non- food items and some perishable items, or as otherwise defined in 14 CCR § 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 ten thousand (10,000) square feet;
3. Food service provider;
4. Food distributor;
5. Wholesale food vendor.
If the definition in 14 CCR § 18982(a)(73) of TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR differs from this definition, the definition in 14 CCR § 18982(a)(73) shall apply to this Chapter.
TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR. A commercial edible food generator that is 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.
If the definition in 14 CCR § 18982(a)(74) of TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR differs from this definition, the definition in 14 CCR § 18982(a)(74) shall apply to this Chapter.
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 § 18982(a)(76).
(Ord. No. 2021-014, § 2(part))