For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise:
1. "Back-haul" means a commercial business generating and transporting source separated recyclable materials and/or source separated green container 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 California Code of Regulations Section 18982(a)(66)(A).
2. "Blue container" has the same meaning as in 14 California Code of Regulations Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.
3. "Business" or “commercial” means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit entity or non-profit entity, or a multi-family residential property with five (5) or more dwelling units.
4. "Business Structure" means a building or buildings within a property occupied by one or more businesses.
5. "City" means and includes all the territory lying within the municipal boundaries of the City of Cupertino as presently existing, plus all territory which may be added thereto during the effective term of the ordinance codified herein.
6. "Collection station" means the location at which containers of garbage, non- organic recyclables and organic waste are placed for collection by the solid waste collector. For businesses, collection station is typically the garbage and recycling area enclosure. For multi-family residential properties with less than five (5) dwelling units and other residential structures, the collection station is typically the street side of the concrete curb immediately adjacent to the residence where curb and gutter exists or where no curb and gutter exists, the edge of asphalt immediately adjacent to the residence.
7. "Commercial edible food generator" includes a tier one or a tier two commercial edible food generator. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 California Code of Regulations Section 18982(a)(7).
8. "Community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 California Code of Regulations Section 17855(a)(4); or, as otherwise defined by 14 California Code of Regulations Section 18982(a)(8).
9. "Compliance review" means a review of records by the City and/or its designee to determine compliance with this chapter.
10. "Compost" means the product resulting from the controlled biological decomposition of organic solid waste that is source separated from the municipal solid waste stream, or which is separated at a centralized facility, or as otherwise defined in 14 California Code of Regulations Section 17896.2(a)(4).
11. "Compostable plastic bags" means only such plastic bags that meet the BPI-certified ASTM D6400 standard for compostability, or such bags that are approved by the City for placement in the green container.
12. "Construction and demolition debris" or "C&D debris" means materials resulting from the construction, remodeling, or demolition of buildings and other structures. "Construction and demolition debris" includes, but is not limited to, concrete, asphalt, rock and dirt related to construction, remodeling, repair, or demolition operations and is subject to the provisions of Chapter 16.72.
13. "Container contamination" means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(55).
14. "Debris box service" means collection service in containers without compaction that have a capacity of eight (8) cubic yards or more. Debris boxes may be used for the collection of non-organic recyclables and organic waste, or garbage, and may be used for construction and demolition debris that may or may not be intended for full or partial recycling or other waste diversion.
15. "Delinquent" means a failure of the recipient of solid waste collection service to pay when due all charges owed to the solid waste collector for solid waste collection service rendered or to be rendered.
16. "Department" means any department of the City, the County of Santa Clara, or any other public agency designated by the City to enforce or administer this chapter, as authorized in 14 California Code of Regulations Section 18981.2.
17. "Designee" means an entity that the City contracts with or otherwise arranges to carry out or assist with any of the City's responsibilities for compliance with solid waste- related laws or regulations or administration or enforcement of this chapter as authorized in 14 California Code of Regulations Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
18. "Director" means the Director of Public Works and their duly authorized agents and representatives.
19. "Dwelling" means a residence, flat, duplex, apartment, townhouse, condominium or other facility used for housing one or more persons.
20. "Edible food" means food intended for human consumption, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(18). 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.
21. "Enforcement officer" has the same meaning as in Section 1.10.020 of this code.
22. "Equipment" means a debris box or debris bin and vehicles used to transport debris boxes or bins.
23. "Excluded waste" means hazardous materials, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City's and/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 and/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 California Public Resources Code.
24. "Finance Director" means the Finance Director and their duly authorized agents and representatives.
25. "Food distributor" means a business that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(22).
26. "Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.
27. "Food recovery" means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(24).
28. "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. "Food recovery organization" includes, but is not limited to: (a) a food bank as defined in Section 113783 of the Health and Safety Code; (b) a nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and, (c) a nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. A food recovery organization is not a commercial edible food generator for the purposes of this chapter pursuant to 14 California Code of Regulations Section 18982(a)(7). If the definition in 14 California Code of Regulations Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 California Code of Regulation Section 18982(a)(25) shall apply to this chapter.
29. "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, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(26). A food recovery service is not a commercial edible food generator.
30. "Food scraps" means 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.
31. "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, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(27).
32. "Food-soiled paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, uncoated paper plates, napkins, paper towels, and pizza boxes.
33. "Food Waste" means food scraps, food-soiled paper, and compostable plastic bags.
34. "Garbage" means all materials, substances or objects that are discarded, including but not restricted to, materials, substances or objects commonly referred to as "trash," "garbage," "refuse" and "rubbish" that are produced, generated or accumulated by all residential, commercial, industrial, institutional, municipal, agricultural and other inhabitants, premises and activities within the City, the collection of which is regulated through the franchise agreement existing between the City and the authorized solid waste collector; provided, however, that "garbage" does not include (a) hazardous materials, (b) non-organic recyclable materials, (c) organic waste, (d) clear plastic bags when used to contain organic waste to be recycled, (e) construction and demolition debris, (f) biomedical waste, (g) ash, and (h) sewage and other highly diluted water-carried materials or substances and those in gaseous form. Except in residential dwellings, if the material is placed in a plastic bag, the bag must only be clear plastic.
35. "Gray container" has the same meaning as in 14 California Code of Regulations Section 18982.2(a)(28), and which may be colored gray or black, and shall be used for the purpose of storage and collection of gray container waste.
36. "Gray container waste" means solid waste that is collected in a gray container that is part of a three-container collection service that prohibits the placement of organic waste in the gray container as specified in 14 California Code of Regulations Sections 18984.1(a) and (b), or as otherwise defined in 14 California Code of Regulations Section 17402(a)(6.5).
37. "Green container" has the same meaning as in 14 California Code of Regulations Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.
38. "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, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(30).
39. "Hauler route" means the designated itinerary or sequence of stops for each segment of the City's collection service area, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(31.5).
40. "Hazardous materials" means any or a combination of materials which because of their quantity, concentration, or physical, chemical or infectious characteristics may either: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed. Hazardous materials include, but are not limited to, hazardous wastes as defined under California or United States law or any regulations promulgated pursuant to such laws, and all toxic, radioactive, biologically infectious, explosive or flammable waste materials, including any material defined in Section 9.12.020 of the Cupertino City Code for which a hazardous materials storage permit is required.
41. "Health facility" has the same meaning as in Section 1250 of the Health and Safety Code.
42. "Hotel" has the same meaning as in Section 17210 of the Business and Professions Code.
43. "Inspect" or "inspection" means an enforcement officer's, the department's and/or a designee's electronic or on-site visit and review of 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 California Code of Regulations Section 18982(a)(35).
44. "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 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 California Code of Regulations Section 18982(a)(38) for large event differs from this definition, the definition in 14 California Code of Regulations Section 18982(a)(38) shall apply to this chapter.
45. "Large venue" 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. A venue facility includes, but is not limited to, a public, non-profit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 California Code of Regulations Section 18982(a)(39) for large venue differs from this definition, the definition in 14 California Code of Regulations Section 18982(a)(39) shall apply to this chapter.
46. "Litter" means, but is not limited to, plastic, paper, cigarette butts, floor sweepings, trash, rubbish, food, cloth, metal, recyclable material, or waste matter of whatever character.
47. "Local education agency" means a school district, charter school, or county office of education that is not subject to the control of the City or county regulations related to solid waste, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(40).
48. "Multi-unit residential property" or "multi-family residential property" or "multi-family" means any premises, excluding a hotel, motel, or lodging house, used for residential purposes containing five (5) dwelling units or more, irrespective of whether the residency is transient, temporary or permanent.
49. "Non-compostable paper" includes, but is not limited to, paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(41).
50. "Non-local entity" means an entity that is an organic waste generator but is not subject to the control of the City or county regulations related to solid waste. These entities 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.
51. "Non-organic recyclables" or "non-organic recyclable material" mean those materials that can be returned to economic use as raw materials for new, reused or reconstituted products, which prior to collection are separated by the generator from other material treated as solid waste. Examples of non-organic recyclables include, but are not limited to: newspaper, cans, corrugated cardboard, glass, certain types of plastic, metals, wood and automobile oil. "Mixed non-organic recyclables" means more than one type of non-organic recyclable material commingled in a bin, debris box, compactor or other type of container. This material includes, but is not limited to wood, paper, plastic, metals, glass, and other recyclable materials other than organic waste. The material must not contain more than five percent (5%) by volume garbage and organic waste.
52. "Nonresidential premises" means all premises except residential premises, including but not restricted to premises used for industrial, commercial, administrative and professional offices, public and quasi-public buildings, utility and transportation.
53. "Notice of violation" means 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 California Code of Regulations Section 18982(a)(45) or further explained in 14 California Code of Regulations Section 18995.4.
54. "Occupancy"; "occupied": Premises are "occupied" when a person or persons take or hold possession of the premises for permanent or temporary use. For the purposes of determining whether a premises is occupied during periods when solid waste collection service is made available to such premises, occupancy shall be presumed unless evidence is presented that gas, electric, telephone and water utility services were not being provided to the premises during such periods.
55. "Organic waste" means 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 paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 California Code of Regulations Section 18982(a)(46). Biosolids and digestate are as defined by 14 California Code of Regulations Section 18982(a). The material must not contain in excess of 5% by volume garbage or non-organic recyclable materials. In residential dwellings, if the material is placed in a plastic bag, the bag must only be a compostable plastic bag. In commercial properties or multi-family residential properties, if the material is placed in a plastic bag, the bag must be clear plastic or a compostable plastic bag.
56. "Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(48).
57. "Owner" means the holder or holders of legal title to the real property constituting the premises to which solid waste collection service is provided.
58. "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 California Code of Regulations Section 18982(a)(51).
59. "Person" includes any person, firm, association, organization, partnership, business trust, joint venture, corporation, or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts, and any officer or agency thereof.
60. "Premises" means any land, building or structure, or portion thereof, within the City where any solid waste is produced, kept, deposited, placed or accumulated.
61. "Printing and writing paper" includes, but is 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 California Code of Regulations Section 18982(a)(54).
62. "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 are acceptable source separated recyclable materials and/or source separated green container organic waste to be placed in the City's green container and/or blue container; and (iv) excluded waste placed in any container.
63. "Recovery" means any activity or process described in 14 California Code of Regulations Section 18983.1(b), or as otherwise defined in 14 California Code of Regulations Section 18982(a)(49).
64. "Remote monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to identify the types of materials in commercial businesses' 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. Remote monitoring may involve installation of remote monitoring equipment on or in commercial businesses' blue containers, green containers, and gray containers. A remote monitoring program may be implemented by the City, its designee, and/or a commercial business at a later date, consistent with the terms of this chapter. Remote monitoring is not expected to be used for any residential premises.
65. "Residential premises" or "residential" means any single-unit dwelling or multi-unit residential property.
66. "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(64).
67. "Route review" means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical or electronic inspection methods such as the use of cameras, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(65).
68. "Share Table" has the same meaning as in Section 114079 of the Health and Safety Code.
69. "Single-stream recycling" means a recycling program in which generators place multiple types of recoverable materials in a single container that is designated specifically for recyclables and is taken to a material recovery facility for processing.
70. "Single-unit dwelling" or "single-family dwelling" or "single-family" means one or more rooms and a single kitchen, designed for occupancy by one family for residential purposes. Each dwelling unit within a condominium project, duplex, townhouse project or apartment, and each second unit located within a single-family residential zoning district, shall constitute a separate single-unit dwelling to which solid waste collection service is provided, unless the owner or occupants thereof arrange for solid waste collection service to be provided to all dwelling units upon the premises at commercial rates.
71. "Solid waste" has the same meaning as defined in California Public Resources Code Section 40191, and generally means all items of solid waste including, but not limited to garbage, non-organic recyclables, organic waste and hazardous materials eligible for collection.
72. "Solid waste collector" means any person or entity authorized by the franchise agreement between the Franchisee and the City, in accordance with Section 6.24.120 of this chapter, to collect, receive, carry, transport, process and dispose of any garbage, non-organic recyclables, organic waste and hazardous materials eligible for collection, produced, kept or accumulated within the City.
73. "Solid waste collection service" means the collection, transportation and disposal of garbage, organic waste, non-organic recyclables and hazardous materials eligible for collection by an authorized solid waste collector.
74. "Source Separated" means materials that, prior to collection, are or have been separated or segregated by their generator as to type or category of source material and are or have been placed into separate containers according to type or category, i.e. all metal is separated from other recyclables and placed in its own separate container or separate debris box.
75. "Source separated blue container organic waste" means source separated organic waste that can be placed in a blue container that is limited to the collection of those organic waste and non-organic recyclables as defined in 14 California Code of Regulations Section 18982(a)(43), or as otherwise defined by 14 California Code of Regulations Section 17402(a)(18.7).
76. "Source separated green container organic waste" means source separated organic waste that can be placed in a green container that is limited to collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, textiles, and manure.
77. "Source separated recyclable materials" means source separated non-organic recyclables and source separated blue container organic waste.
78. "Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(71).
79. "Tenant" means any person or persons, other than the owner, occupying or in possession of a premises.
80. "Tier one commercial edible food generator" means the following: (a) supermarkets; (b) grocery stores with a total facility size equal to or greater than 10,000 square feet; (c) food service providers; (d) food distributors; and (e) wholesale food vendors. If the definition in 14 California Code of Regulations Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 California Code of Regulations Section 18982(a)(73) shall apply to this chapter. For the purposes of this chapter, food recovery organizations and food recovery services are not tier one commercial edible food generators.
81. "Tier two commercial edible food generator" means the following: (a) restaurants with two hundred fifty (250) or more seats or a total facility size equal to or greater than five thousand (5,000) square feet; (b) hotels with an on-site food facility and two hundred (200) or more rooms; (c) health facilities with an on-site food facility and one hundred (100) or more beds; (d) large venues; (e) large events; (f) state agencies 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; and (g) local education agency facilities with on-site food facilities. If the definition in 14 California Code of Regulations Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 California Code of Regulations Section 18982(a)(74) shall apply to this chapter. Non-local entities that operate a facility that meets this definition are tier two commercial edible food generators. For the purposes of this chapter, food recovery organizations and food recovery services are not tier two commercial edible food generators.
82. "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, or as otherwise defined in 14 California Code of Regulations Section 189852(a)(76).
(Ord. 21-2231, § 1, 2021; Ord. 20-2218, § 2, 2021; Ord. 15-2130, § 1 (part), 2015; Ord. 2094, § 1, 2012; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)