For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A term not defined in this chapter shall have the meaning defined by state law and regulation. If term defined herein differs from an applicable definition in state law or regulation, the definition in state law or regulation shall apply. The definition of a word applies to any of that word's variants.
ACCUMULATION. Refuse of any kind, as defined in this chapter, that is not properly contained or stored, or is not removed from the premises as required by this chapter, or is not removed at a frequency that precludes the potential for a nuisance or health hazard as determined by the city.
BLUE CONTAINER. Has the same meaning as in 14 CCR § 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.
BROWN GOODS. Electronic equipment such as stereos, televisions, computers, VCRs, DVD players and other similar items. Though not required to be diverted from the waste stream per this chapter, many of these materials may be reused or recycled and are expected to be legally diverted from landfills through the city's bulky item curbside collection program or whenever possible.
BULKY ITEMS/BULKY GOODS. Discarded household appliances including refrigerators, ranges, washers, dryers, water heaters, dishwashers and other similar items (known as "white goods"), electronic equipment such as stereos, televisions, computers, VCRs, DVD players and other similar items (known as "brown goods"), furniture, carpets, mattresses, tires and oversized green wastes such as tree trunks and branches not exceeding two feet in diameter and four feet in length as produced or generated from residential property. Though not specifically required to be diverted from the waste stream per this chapter, many of these materials may be reused, recycled or composted, and are expected to be legally diverted from landfills through the city's bulky item curbside collection program or whenever possible. BULKY ITEMS/GOODS do not include any motor vehicle or any subassembly, component, or part thereof (except tires), any construction and demolition debris, nor hazardous or prohibited wastes.
C AND D or CONSTRUCTION AND DEMOLITION DEBRIS. Materials resulting from construction, renovation, remodeling, repair, or demolition operations and which has been segregated for recycling, reuse or remanufacture. Materials include but are not limited to wood, asphalt, concrete, bricks, plaster, drywall, windows, wire, porcelain, toilets, dirt, gravel, rock, steel rebar, roofing material and other materials resulting construction, renovation, remodeling, repair, or demolition operations.
CITY ENFORCEMENT OFFICIAL. The City Manager or their designee.
COLLECT or COLLECTION. The operation of taking physical possession of, transportation of, and removal of solid waste materials from the premises or property where the materials are produced or generated to a point of disposal and/or recycling or composting.
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 14 CCR § 18982(a)(73) and (a)(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 100 cubic yards and 750 square feet, as specified in 14 CCR § 17855(a)(4), or, as otherwise defined by 14 CCR § 18982(a)(8).
COMPOST. Has the same meaning as in 14 CCR § 17896.2(a)(4), which stated, 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.
COMPOSTABLE PLASTICS or COMPOSTABLE PLASTIC. Plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR § 18984.1(a)(1)(A) or § 18984.2(a)(1)(C).
CONTAINER. Any and all types of solid waste receptacles approved by the city for use by customers used to store solid waste, recyclable materials, or organic waste for collection service including any cart, toter, can, bin, roll-off, compactor or similar receptacle
CURBSIDE. Adjacent to the curb of a public or private street or alley, or on streets without curbs, adjacent to the shoulder of the street; or in shopping centers, business parks and similar premises, adjacent to the garbage enclosures.
DE MINIMIS. A commercial business that generates a limited amount of organic waste such as:
(1) Generates two or more cubic yards of solid waste per week and less than 20 gallons of organic materials per week; or
(2) Generate less than two cubic yards of solid waste per week and less than ten gallons of organic material per week
DESIGNEE. The person, organization or entity to which the city designates activities such as inspections, route audits, waste evaluations or other actions to comply with the requirements of this chapter. DESIGNEES can include the entity that the city designates to carry out some or all of the city's responsibilities for compliance with SB 1383 regulations, administration or enforcement of this chapter as authorized in 14 CCR § 18981.2. A designee may be a government entity, a franchised hauler, a private entity, or a combination of those entities as determined by the city.
DESIGNEE FOR EDIBLE FOOD RECOVERY. The Humboldt County Department of Environmental Health for the tier 1 and tier 2 generators for inspection as required by this chapter.
DISPOSAL. To deposit refuse into an approved solid waste landfill, transfer station, or container.
E-WASTE. Electronic equipment nearing the end of its useful life and determined by the Department of Toxic Substances Control, to be covered by the Electronic Waste Recycling Act of 2003. Computers, televisions, VCRs, stereos, copiers, and fax machines are common E-WASTE products.
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 California Retail Food Code.
ENFORCEMENT ACTION. 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.
FOOD RECOVERY ORGANIZATION.
(1) An entity that engages in the collection or receipt of edible food from tier one or tier two commercial edible food generators and distributes that edible food either directly or through other entities, including, but not limited to:
(a) A food bank as defined in Cal. Health and Safety Code § 113783;
(b) A nonprofit charitable organization as defined in Cal. Health and Safety Code § 113841; and
(c) A nonprofit charitable temporary food facility as defined in Cal. Health and Safety Code § 113842.
(2) 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).
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 and other food materials and may be modified from time to time per the hauler's organics collection materials requirements. FOOD SCRAPS exclude fats, oils, and grease.
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 and materials and may be modified from time to time per the hauler's organics collection materials requirements.
FOOD WASTE. Solid and semi-solid putrescible waste resulting from food scraps, food-soiled paper, winery and other food processing or manufacturing operations and includes Biodegradeable Products Institute (BPI) certified container products and other materials which may be included in the organics collection.
FRANCHISE AGREEMENT. An agreement between the city and an individual, association or firm, organization, or other business entity for the collection of solid waste, including recyclables and or organic waste.
FRANCHISEE. An individual, association, firm, organization, or other business entity who has entered into a franchise agreement with the city, whether or not said entity is operated for profit, for the collection of solid waste, including recyclables, within the city.
GARBAGE. Any solid waste material designated for landfill that is not designated for composting, reuse, or recycling. GARBAGE is designated for a gray container and not allowed in the blue or green container. GARBAGE does not include prohibited wastes such as hazardous waste and medical waste.
GRAY CONTAINER. Has the same meaning as in 14 CCR § 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste.
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 as specified in 14 CCR §§ 18984.1(a) and (b), or as otherwise defined in 14 CCR § 17402(a) (6.5).
GREEN CONTAINER. Has the same meaning as in 14 CCR § 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.
GREEN WASTE. Recyclable/compostable plant materials or yard waste, resulting from the maintenance of any plants growing on a property, and that is to be composted, transported or collected at the premises where produced.
HAULER/FRANCHISE COLLECTOR. A person, company or entity, or the agents or employees thereof, whom the city shall have duly licensed, franchised, granted a permit to, or contracted with, to collect, carry, transport, compost, and/or recycle solid waste, recyclables, and organic waste for the city. The hauler operates routes or provides regular service and is directly or indirectly reimbursed for the collection and disposal of solid waste in the city.
HAULER ROUTE. The designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR § 18982(a)(31.5).
HAZARDOUS WASTE.
(1) Any material, which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious illness or pose a substantial threat or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise mismanaged or any waste which is defined or regulated as a hazardous waste, toxic waste, hazardous chemical substance or mixture, or asbestos under applicable law. If two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste adopt conflicting definitions of HAZARDOUS WASTE, for purposes of collection, transportation, processing and/or disposal, the broader, more expansive definition shall be employed for purposes of this subchapter. Hazardous waste includes, but is not limited to any of the following:
(a) Materials regulated by Cal. Public Resources Code § 40141, Cal. Health and Safety Code §§ 25110.02, 25115, 25117, 25281 or 25316 (the California Hazardous Waste Control Act), and Cal. Water Code § 13050;
(b) Low-level radioactive waste regulated under Cal. Health and Safety Code Div. 20, Ch. 7.6 (commencing with § 28500) or under Cal. Health and Safety Code, Div. 20, Ch. 6.1 (commencing with § 25015);
(c) Materials regulated under the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., as amended (including, but not limited to, amendments thereto made by the Solid Waste Disposal Act Amendments of 1980), and related federal, state, and local laws and regulations;
(d) Materials regulated under the Toxic Substance Control Act, 15 U.S.C. §§ 2601 et seq., as amended, and related federal State of California, and local laws and regulations, including the California Toxic Substances Account Act, Cal. Health and Safety Code §§ 25300 et seq.;
(e) Materials regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., as amended, and regulations promulgated thereunder; or materials regulated under any future amendments to or re-codification of these statutes or regulations promulgated thereunder and any future additional or substitute federal, state or local laws and regulations pertaining to the identification, transportation, treatment, storage or disposal of toxic substances or hazardous waste.
(2) These materials may not be disposed in landfills, and shall be disposed appropriately at an approved HAZARDOUS WASTE disposal facility.
INSPECTION. A site visit where the city or its designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR § 18982(a)(35).
LARGE EVENT. An event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 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 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 the SB 1383 regulations, 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 implementation of the SB 1383 regulations, 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.
MEDICAL WASTE. Waste, including bio-hazardous waste, non-RCRA pharmaceutical and sharps waste, as defined by Cal. Health and Safety Code Div. 104, Part 14 (§§ 117600 et seq.), or subsequent revision and home-generated sharps and pharmaceuticals accumulated at a consolidation point. MEDICAL WASTE may originate from, but is not limited to, hospitals, public or private medical clinics, research laboratories, pharmaceutical industries, blood banks, pathology laboratories, clinical laboratories, veterinary facilities, dialysis or other specialty clinics and other medical facilities. These materials may not be disposed in landfills, and shall be disposed appropriately at an approved hazardous or MEDICAL WASTE disposal facility. MEDICAL WASTE does not include any waste which has been rendered non-bio-hazardous.
MULTI-FAMILY RESIDENTIAL DWELLING or MULTI-FAMILY (MFD). Of, from, or pertaining to residential premises with five or more dwelling units. MULTI-FAMILY premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
NOTICE OF VIOLATION or NOV. A notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR § 18982(a)(45) or further explained in 14 CCR § 18995.4.
OCCUPANCY, OCCUPIED. Premises that 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 premise is OCCUPIED during periods when collection service is made available to such premises, OCCUPANCY is presumed, unless evidence is presented that gas, electric, telephone and water and sanitary sewer utility services were not being provided to the premises during such periods.
OCCUPANT. The person(s) holding possession of premises for permanent or temporary use.
ORGANIC WASTE. Solid waste containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR § 18982(a)(46). Biosolids and digestate are as defined by 14 CCR § 18982(a).
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).
OWNER or PROPERTY OWNER. The owner of record as shown in the County Assessor's current records as the holder or holders of title to the real property constituting the premises to which refuse collection service is provided.
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, writing papers including, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, notepads, 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).
PREMISES. Any land, building or structure, or portion thereof, where any refuse may be produced, kept, deposited, placed or accumulated.
PROHIBITED CONTAINER CONTAMINANTS. The following:
(1) Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the jurisdiction's blue container;
(2) Discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the jurisdiction's green container;
(3) Discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in jurisdiction's green container and/or blue container; and
(4) Excluded waste placed in any container.
RECOVERY. Any activity or process described in 14 CCR § 18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49).
RECYCLABLE WASTE MATERIALS. Materials removed or separated from other residential, commercial or industrial garbage or solid waste for purposes of reuse, reprocessing or composting. These materials are expected to be legally diverted from landfills whenever possible. Examples of these materials include but are not limited to:
(1) All recyclable containers, including but not limited to aluminum cans, aerosol cans, containers made of tin and bi-metal, glass bottles and jars, and plastic bottles and packaging and plastic bags;
(2) All recyclable paper/fiber including but not limited to newspaper, magazines, white paper, colored paper, cardboard, junk mail, phone books and catalogues;
(3) Construction and demolition debris;
(4) Bulky items including brown goods, white goods and tires;
(5) Clothing and textiles;
(6) Green waste and yard waste; and
(7) Food waste.
RECYCLED-CONTENT PAPER. Paper products and printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR § 18982(a)(61).
RESTAURANT. An establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR § 18982(a)(64).
ROUTE REVIEW. A visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR § 18982(a)(65).
SELF-HAULER. A person or organization who hauls solid waste, organic waste, or recyclable materials he or she has generated to another person. SELF-HAULER also includes a person who back-hauls waste, or as otherwise defined in 14 CCR § 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR § 18982(a)(66)(A).
SINGLE-FAMILY. Of, from, or pertaining to any residential premises with fewer than five units.
SOLID WASTE. All putrescible and non-putrescible solid, semisolid, and liquid wastes, and all recyclables and organic waste, including but not limited to garbage, trash, refuse, paper, rubbish, ashes, industrial 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, except that SOLID WASTE does not mean or include any of the following wastes:
(1) Hazardous waste, as defined in Cal. Public Resources Code, § 40141;
(2) Sewage collected and treated in a municipal or regional sewage system, or other highly diluted water-carried materials or substances less than 50% solids content by weight.
(3) Substances having commercial value which have been salvaged for reuse, composting, recycling, or resale, including but limited to recyclable waste materials or organic waste once these are contained within a collection bin and/or vehicle.
(4) Mulch, compost or compost piles which are produced or kept at a residence, providing they are properly maintained and stored and not creating a potential health hazard or nuisance.
(5) Special waste, as defined in this subchapter;
(6) Radioactive waste regulated pursuant to the Radiation Control Law (Cal. Health and Safety Code Div. 104, Part 9, Ch. 8 (commencing with § 114960)); and
(7) Medical waste regulated pursuant to the Medical Waste Management Act (Cal. Health and Safety Code Div. 104, Part 14 (commencing with § 117600)). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in § 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to this division.
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 gray 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 that is specifically intended for the separate collection of organic waste by the generator.
SOURCE SEPARATED RECYCLABLE MATERIALS. Source separated non-organic recyclables.
SPECIAL WASTE. Any waste matter which is a hazardous waste or which requires special handling or processing, including any of the following: flammable waste; waste transported in a bulk tanker; liquid waste; sewage sludge; waste from a septic system or other wastewater treatment or pollution control process; residue and debris from the cleanup of a spill or release of any chemical substance; any soil, waste, residue, debris or other material contaminated by any hazardous material or hazardous waste; dead animals; manure; explosive substances or substances or materials that have been exposed to highly infectious or contagious diseases.
STATE. The State of California.
TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR. A commercial edible food generator that is one of the following: supermarket, grocery store with a total facility size equal to or greater than 10,000 square feet, food service provider, food distributor or 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: restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; hotel with an on-site food facility and 200 or more rooms; health facility with an on-site food facility and 100 or more beds; large venue; large event or 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; or 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.
TRANSFER STATION. Those facilities used to receive solid wastes and to temporarily store, separate, convert, or otherwise process the solid waste and/or recyclables, in preparation for transport.
VECTOR. A carrier, usually insects or rodents that are capable of transmitting a disease.
VIRTUALLY ALL. Almost entirely, or for all practical purposes, almost everything.
WHITE GOODS. Kitchen and laundry appliances or other large appliances or similar items.
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 § 189852(a)(76).
YARD WASTES. Leaves, grass, weeds and wood materials from trees and shrubs.
(Ord. 943-C.S., passed 2-21-23)