For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The California Integrated Waste Management Act of 1989 (commencing with Section 40000 of the Cal. Public Resources Code), as amended, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.
ANAEROBIC DIGESTION or AD. The biological decomposition of organic matter with little or no oxygen. The anaerobic digestion technology that will initially be utilized by the franchised hauler will be that of the Central Marin Sanitation Agency (a public-operated treatment works) to produce energy and to reduce the volume of solid waste that must be landfilled.
AUTHORIZED COLLECTOR. The individual, persons, firm or corporation collecting, and delivering for disposal, recycling or processing solid waste originating within the town and doing so under a contract, permit or franchise agreement with the town. AUTHORIZED COLLECTOR may be referred to as the franchisee or franchised collector.
BULKY WASTE. Large items of solid waste such as appliances (white goods), e-waste (except for universal waste), furniture, tires, carpets, mattresses and similar large items, large auto parts, trees, branches, stumps, and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing, or disposal methods. It does not include abandoned vehicles or household hazardous waste.
CALRECYCLE. California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing the SB 1383 Regulations.
CCR. The 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).
COLLECTION. To take physical possession of solid waste at, and remove from, the place of generation for transport to a solid waste facility or other recovery activity.
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 dwelling with five or more dwelling units, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of less than five dwelling units is not "commercial" for the purposes of this chapter.
COMMERCIAL EDIBLE FOOD GENERATOR. A Tier One or a Tier Two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). Food recovery organizations and food recovery services are not COMMERCIAL EDIBLE FOOD GENERATORS.
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 Section 17855(a)(4), or, as otherwise defined by 14 CCR Section 18982(a)(8).
CONSTRUCTION AND DEMOLITION DEBRIS or C&D. Used or discarded materials resulting from construction, renovation, remodeling, repair, demolition, excavation or construction clean-up operations on any pavement or structure.
CONTAINER or COLLECTION CONTAINER. For the purpose of this chapter, any bin, box or cart used for the purpose of holding solid waste for collection.
DEBRIS BOX. Any ten to 40 cubic yard container, or any compactor provided by a solid waste generator, placed in the public right-of-way, on town property, private property, or elsewhere in the service area, which is procured by a solid waste generator for their use in the collection of their solid waste. Debris boxes are serviced by means of lifting the entire container, including all contents, onto a designated collection vehicle.
DESIGNATED COLLECTION LOCATION. The place where an authorized collector has contracted with either the town or a private entity to pick up separated garbage, recyclable materials and organic materials collection containers. This location will customarily be the curbside of a residential neighborhood or the service alley of a commercial (or multi-family) enterprise.
DIRECTOR. The Town Manager of the Town of Fairfax, or his or her designee.
DISPOSAL. The final disposition of solid waste at a solid waste facility permitted for disposal.
DIVERSION. Activities reducing or eliminating the amount of solid waste from solid waste disposal, and which return these materials to use in the form of raw materials for new, reused, or reconstituted products, which meet the quality standards necessary for commercial use, or for other purposes of reuse.
DWELLING UNIT. One or more rooms with internal access between all rooms, which provide complete independent living facilities for at least one family, including provisions for living, sleeping, eating, cooking, bathing, and sanitary facilities. Cooking facilities for purposes of this chapter shall be defined as any combination of the following: sink, refrigerator, cupboard and/or storage, stove, oven (including microwave and convection).
EDIBLE FOOD. Food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 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 town to address non-compliance with this chapter including, but not limited to, issuing administrative notices, citations, fines, penalties, or using other remedies.
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 Section 18982(a)(25), including, but not limited to: A food bank as defined in Section 113783 of the Cal. Health and Safety Code; a nonprofit charitable organization as defined in Section 113841 of the Cal. Health and Safety Code; and, a nonprofit charitable temporary food facility as defined in Section 113842 of the Cal. Health and Safety Code.
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 Section 18982(a)(26). A FOOD RECOVERY SERVICE is not a commercial edible food generator for the purposes of this chapter.
FOOD WASTE. Food scraps and trimmings and other putrescible waste that result from food production, preparation, cooking, storage, consumption or handling. FOOD WASTE includes but is not limited to meat, fish and dairy waste, fruit and vegetable waste and grain waste. FOOD WASTE does not include exempt waste.
FRANCHISE AGREEMENT. an agreement between the town and the authorized collector for the collection and delivery of solid waste for disposal, recycling or processing originating within the town.
GARBAGE. All non-recyclable packaging and other waste attributed to normal activities of a service unit. Garbage must be generated by and at the service unit wherein the garbage is collected. GARBAGE does not include recyclable materials, organic materials, construction and demolition debris, large items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste.
GENERATOR(S). For the purpose of this chapter, GENERATOR means a person or entity, including a commercial generator or residential generator who is responsible for the initial creation of recyclable materials and/or organic materials, or as otherwise defined as "Organic Waste Generator" in 14 CCR Section 18982(a)(48). GENERATOR may also include tenants, property managers for facilities with leased space, employees and contractors of a generator, as well as a responsible party for special events. GENERATOR also includes the town, its facilities, its non-residential properties and its special events, including sponsors and/or co-sponsors.
HAULER. A person who collects material from a generator and delivers it to a reporting entity, end user, or a destination outside of the state. HAULER means the authorized collectors, food waste self-haulers, and self-haulers as defined in this chapter. A person who transports material from reporting entity to another person is a transporter, not a hauler.
INSPECTION. A site visit where the town, its designee, or the authorized collector reviews records, containers, and an a entity's collection, handling, recycling, or disposal of solid 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 Section 18982(a)(35).
MECHANICAL GARBAGE DISPOSAL. Any garbage disposal unit, approved by the Health Officer of the town, which grinds or prepares garbage to such an extent as to permit the garbage to be disposed of through the sewer drains.
MULTI-FAMILY RESIDENTIAL DWELLINGS or MULTI-FAMILY. Five or more residential dwelling units located on a single parcel of land and any mobile home park located in the town utilizing a common garbage bin for the accumulation and set-out of garbage.
ORGANIC MATERIAL PROCESSING FACILITY. Any facility selected by the authorized collector that is approved by the town, or specifically designated by the town, operated and legally permitted for the purpose of receiving and processing organic materials.
ORGANIC MATERIALS or ORGANIC WASTE. Solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food waste, 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 Section 18982(a)(46).
PREMISES. Includes a tract or parcel of land with or without habitable buildings or appurtenant structures. For purposes of this chapter, the word PREMISES includes residential and commercial uses of the land, whether owned, leased, subleased, including every dwelling house, dwelling unit, apartment house or multiple-dwelling building, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, office building, department store, manufacturing, processing or assembling shop or plant, warehouse and every other place or premises where any person resides, or any business is carried on or conducted within the town.
PROHIBITED CONTAINER CONTAMINANTS. Includes (1) discarded materials placed in the designated recyclables container that are not identified as acceptable source separated recyclables; (2) discarded materials placed in the designated organic materials collection container that are not identified as acceptable source separated organic materials; and (3) discarded materials placed in the garbage container that are acceptable source separated recyclables and/or source separated organic materials, and (4) excluded waste placed in any container.
RECYCLABLE MATERIALS or RECYCLABLES. Any material designated to be separated from the waste stream for purposes of recycling. This designation shall be made by the town and the franchisee/authorized collector based upon the provisions of the franchise agreement, on good public practice, ability to receive an acceptable economic return, and feasibility of separating the material from the waste stream at the point of collection. RECYCLABLE MATERIALS may include, but are not limited to, paper, glass, cardboard, plastics, ferrous metal, and aluminum.
RECYCLING. The process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become garbage and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace. RECYCLING does not include transformation as defined in Cal. Public Resources Code § 40201. (14 CCR Section 17225.54).
RESPONSIBLE PARTY. The individual or entity responsible for the generator's management of solid waste, recyclable materials and/or organic materials at the generator's commercial facility or special event.
SB 1383. SB 1383 (Chapter 395, Statutes of 2016), 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. The regulations developed by CalRecycle and contained within 14 CCR, Division 7, Chapter 12 and the amended portions of 14 CCR and 27 CCR.
SELF-HAULER. A person who hauls recyclables or organic waste or recovered material they have generated using the generator's own vehicles, equipment and employees to another person. SELF-HAULER also includes a person who back-hauls waste. "Back-haul" means generating and transporting organic materials to a destination owned and operated by the generator using the generator's own employees, vehicles and equipment.
SOLID WASTE. Has the same meaning as defined in Cal. Public Resources Code § 40191, which defines solid waste as all putrescible and non-putrescible solid and semisolid wastes, including garbage, recyclable materials, organic materials, construction and demolition debris, bulky waste, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes with the exception that 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); and, (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. Recyclable materials and organic materials are a part of solid waste.
SOLID WASTE COLLECTION SERVICE. A business enterprise in any form that obtains or receives solid waste from a commercial generator, residential generator, or other non-residential establishment for the primary purpose of removal or hauling such material for ultimate disposal or recycling.
SOLID WASTE FACILITY. A permitted solid waste transfer or processing station including material recovery facilities, a composting facility, a gasification facility, a transformation facility, an engineered municipal solid waste conversion facility, and a disposal facility. SOLID WASTE FACILITY additionally includes a solid waste operation that may be carried out pursuant to an enforcement agency tier notification, as provided in regulations adopted by CalRecycle, or otherwise set forth in the Act.
SOURCE REDUCTION. Any action which causes a net reduction in the generation of solid waste. SOURCE REDUCTION includes, but is not limited to, reducing the use of non-recyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing garbage rate structures with incentives to reduce the amount of wastes that generator produce, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials. SOURCE REDUCTION does not include steps taken after the material becomes solid waste or actions which would impact air or water resources in lieu of land, including, but not limited to, transformation.
SOURCE SEPARATE. The process of removing recyclable materials and organic materials from solid waste at the place of generation, prior to collection, and placing such materials into separate containers designated for recyclable materials and organic materials, or as otherwise defined in 14 CCR Section 17402.5(b)(4).
SPECIAL EVENT. A community, public, commercial, recreational or social event which may serve food or drink, and which may require a permit from the town. SPECIAL EVENTS may include the temporary or periodic use of a public street, publicly owned site or facility, or public park.
TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR. A commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a):
(1) Supermarkets with gross annual sales of $2,000,000 or more.
(2) Grocery store with a total facility size equal to or greater than 10,000 square feet.
(3) Food service provider, which 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.
(4) Food distributor, which means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.
(5) Wholesale food vendor, which 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.
TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR. 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, which 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. 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 this chapter and 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.
(5) Large event, which 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.
(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 local education agency facility, which means a school district, charter school, or county office of education that is not subject to the control of town or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40), with an on-site food facility.
TOWN. The Town of Fairfax, California.
(Prior Code, § 8.08.010) (Ord. 556, passed - -1986; Am. Ord. 859, passed 12-1-2021)