(a) For the purposes of this chapter, the words, terms and phrases as defined in this section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended:
"Blue container" has the same meaning as in 14 CCR Section 18982.2(a) (5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.
"CalRecycle" means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on jurisdictions.
"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
"City" means the City of La Puente.
"City enforcement official" means the city manager, chief operating officer, executive director, or other executive in charge or their authorized designee(s) who is/are partially or wholly responsible for enforcing the ordinance. See also "regional or county agency enforcement official".
“City manager” means the city manager of the city of La Puente (“city”) or the city manager’s designee.
“Collection” means the operation of gathering together within the city, and transporting by means of a motor vehicle to the point of disposal or processing, any solid waste or recyclables.
“Collector” means any person who has been awarded an exclusive franchise to provide residential or commercial/ industrial solid waste or recyclables collection services in the city, or who, prior to the effective date of this chapter, has been issued a permit or nonexclusive franchise to operate as a residential or commercial/ industrial solid waste collector until the rights thereunder are terminated or revoked, or until those rights expire pursuant to the provisions of Section 49520 of the Public Resources Code.
"Commercial edible food generator" includes a Tier One or a Tier Two commercial edible food generator as defined in Sections 4.12.030 of this ordinance or as otherwise defined in 14 CCR Section 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 Section 18982(a) (7).
“Commercial/industrial business owner” means any person, firm, corporation or other enterprise or organization holding or occupying, alone or with others, commercial/industrial premises, whether or not it is the holder of the title or the owner of record of the commercial/industrial premises.
“Commercial/industrial collector” means a collector which collects solid waste and recyclables from commercial/industrial premises.
“Commercial/industrial premises” means all occupied real property in the city, except property occupied by federal, state or local governmental agencies which do not consent to their inclusion, and except residential premises as defined in this section, and shall include, without limitation, wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional, services, sports or recreational facilities, construction and demolition sites, a multiple dwelling containing five or more dwelling units, and any other commercial or industrial business facilities, structures, sites or establishments in the city.
"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 CCR Section 17855(a) (4); or, as otherwise defined by 14 CCR Section 18982(a) (8).
"Compliance review" means a review of records by the city to determine compliance with this ordinance.
"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, 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" means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
“Construction or demolition waste” means any solid waste or debris generated as the result of construction or demolition, including without limitation, discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.
“Construction site” or “demolition site” means any real property in the city in, on or from which a building or structure is being fabricated, assembled, erected or demolished, and which produces construction or demolition solid waste which must be removed from the property, and requires the use of commercial refuse containers.
"Container contamination" or "contaminated container" means a container, regardless of color, that contains prohibited container, or as otherwise defined in 14 CCR Section 18982(a)(55).
"C&D" means construction and demolition debris including discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, copper, aluminum, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project; remnants of new materials, including but not limited to: cardboard, paper, plastic, wood, and metal scraps from any construction and/or landscape project.
"Designated source separated organic waste facility", as defined in 14 CCR Section 18982(14.5), means a solid waste facility that accepts a source separated organic waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:
(i) The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 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".
(ii) The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 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 Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.57.
(A) If the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c) (3), 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." For the purposes of this ordinance, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a) (49).
"Designee" means an entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
“Disposal” means the complete operation of treating and disposing of solid waste after the collection thereof.
"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a) (18). For the purposes of this ordinance 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 ordinance 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" means an action of the city or its designee to address compliance with this ordinance including, but not limited to, issuing notices of violation, accusations or other remedies.
"Excluded waste" means hazardous substance, 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 in city's 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 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.
“Exclusive solid waste handling services” means any action by the city council, whether by franchise, contract, license, permit or otherwise, whereby the city itself, or one or more other local agencies or solid waste enterprises, has the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the city.
"Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, as defined in 14 CCR Section 18982(a)(22).
"Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.
"Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, as defined in 14 CCR Section 18982(a) (24).
"Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to:
(i) A food bank as defined in Section 113783 of the Health and Safety Code;
(ii) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(iii) 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 ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a) (25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a) (25) shall apply to this ordinance.
"Food recovery service" means a person or entity that collects and transports edible from a commercial edible food generator to a food recovery organization or other entities for food recovery, as defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
"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.
"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, as defined in 14 CCR Section 18982(a)(27).
"Food-soiled paper" is 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.
"Food waste" means food scraps, food-soiled paper, and compostable plastics.
"Gray container" has the same meaning as in 14 CCR Section 18982.2(a) (28) and shall be used for the purpose of storage and collection of gray container waste.
"Gray container waste" means solid waste that is collected in a gray container that is part of a two-container or three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). However, commercial and multi-family gray container waste shall include source separated recyclables for mixed waste processing.
"Green container" has the same meaning as in 14 CCR Section 18982.2(a) (29) and shall be used for the purpose of storage and collection of source separated green container organic waste, including food waste.
"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, as defined in 14 CCR Section 18982(a) (30).
"Hauler route" means the designated itinerary or sequence of stops for each segment of the city's collection service area, as defined in 14 CCR Section 18982(a) (31.5).
“Hazardous waste” means and includes waste defined as hazardous by Public Resources Code Section 40141 as it now exists or may subsequently be amended, namely, a waste or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics, may do either of the following: (I) cause or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (ii) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. “Hazardous waste” includes extremely hazardous waste and acutely hazardous waste, and any other waste as may hereafter from time to time be designated as hazardous by the Environmental Protection Agency (EPA) or other agency of the United States Government, or by the California Legislature or any agency of the state of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous.
"High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); as defined in 14 CCR Section 18982(a)(33).
“Holiday” means:
New Year’s Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
“Holiday” means any other day designated as such in a contract between a collector and the labor union serving as the exclusive representative of that collector’s employees, provided the holiday is established or recognized by resolution of the city council.
“In the city” or “within the city” means within the limits of the city as such limits exist on the effective date of this chapter or may thereafter exist by virtue of the annexation of territory to or detachment of territory from the limits of the city.
"Inspection" means 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 ordinance, as defined in 14 CCR Section 18982(a)(35).
"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
"Large venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance 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 ordinance 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.
"Local education agency" means 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, as defined in 14 CCR Section 18982(a)(40).
“Manure” means the waste droppings from any animal.
"Multi-family residential dwelling" or "multi-family" means 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" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
"Non-compostable paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, as defined in 14 CCR Section 18982(a)(41).
"Non-local entity" means an entity that is an organic waste generator but is not subject to the control of the city's regulations to solid waste. These entities include, but are not limited to, the following:
(1) Special district(s) located within the boundaries of the city
(2) Federal facilities, including any military installations, located within the boundaries of the city
(3) Prison(s) located within the boundaries of the city
(4) Facilities operated by the state parks system located within the boundaries of the city
(5) Public universities (including community colleges) located within the boundaries of the city
(6) County fairgrounds located within the boundaries of the city
(7) State agencies located within the boundaries of the city
"Non-organic recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, as defined in 14 CCR Section 18982(a)(43).
"Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, as defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
"Organic waste" means solid wastes 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 as defined in 14 CCR Section 18982(a)(46).
"Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste, as defined in 14 CCR Section 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, as defined in 14 CCR Section 18982(a)(51).
“Person” means any individual, association, firm, partnership, corporation or any other group or combination thereof acting as a unit.
"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 Section 18982(a)(54).
“Processing” means the reduction, separation, recovery and conversion of solid waste.
"Prohibited container contaminants" means any of the following, but does not include organic waste specifically allowed for collection in a container that is required to be transported to a high diversion organic waste processing facility if the waste is specifically identified as acceptable for collection in that container in a manner that complies with the requirements of 14 CCR Section 18984.1, 18984.2 or 18984.3.
(1) Non-organic waste placed in a green container that is part of an organic waste collection service provided pursuant to 14 CCR Section 18984.1 or 18984.2.
(2) Organic wastes that are, carpet, hazardous wood waste, or non-compostable paper placed in the green container that is part of an organic waste collection service provided pursuant to 14 CCR Section 18984.1 or 1898402.
(3) Organic wastes, placed in a gray container, that pursuant to 14 CCR Section 1898401 or 189984.2 were intended to be collected separately in the green container or blue container.
(4) Organic wastes placed in the blue container shall be considered prohibited container contaminants when those wastes were specifically identified in this chapter or through a local ordinance for collection in the green container for recovery. Paper products, printing and writing paper wood and dry lumber may be considered acceptable and considered container contaminants if they are placed in the blue container.
“Public agency” means any governmental agency or department thereof, whether federal, state or local.
"Recovered organic waste products" means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, as defined in 14 CCR Section 18982(a)(60).
"Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a) (49).
“Recyclables” means the following materials generated on or emanating from residential or commercial/industrial premises and no longer useful or wanted thereon: glass bottles and jars - any food or beverage container (excluding ceramics and chemical containers); aluminum - cans, foil, pie tins and similar items (excluding dirt or organic material); steel or bimetal cans not to exceed one-gallon size; PET - plastic soda bottles or other bottles with the designated “PET” symbol; HDPE - plastic milk and water bottles with the designated “HDPE” symbol (excluding detergent or bleach bottles and other plastic products); newspaper; cardboard - separated and not having waxed surfaces; computer printout (excluding carbon); and white ledger - white bond paper, office paper, white envelopes (excluding coated paper); and such additional materials as the city council may designate from time to time.
"Recycled-content paper" means paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, as defined in 14 CCR Section 18982(a)(61).
“Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning 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. Recycling does not include transformation as defined in Public Resources Code Section 40201.
“Recycling container” means a container which is provided to residential premises for use in collecting and moving recyclables to curbside for collection by the collector, or a container which is provided to commercial/industrial premises for use by the collector in collecting and moving recyclables.
“Recycling container” means a container which is provided to residential premises for use in collecting and moving recyclables to curbside for collection by the collector, or a container which is provided to commercial/industrial premises for use by the collector in collecting and moving recyclables.
"Regional agency" means regional agency as defined in Public Resources Code Section 40181.
"Regional or county agency enforcement official" means a regional or county agency enforcement official, which the city may designate with responsibility for enforcing the ordinance in conjunction or consultation with the city's enforcement official.
"Remote monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
"Renewable gas" means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover organic waste, as defined in 14 CCR Section 18982(a)(62).
“Residential collector” means a collector which collects solid waste and recyclables from residential premises.
“Residential householder” means any person or persons holding or occupying residential premises in the city, whether or not the owner of the residential premises.
“Residential owner” means the owner of any residential premises within the city.
“Residential premises” means any residential dwelling unit within the city, including, without limitation, multiple-unit residential complexes, such as rental housing projects, condominiums, apartment houses, mixed condominiums and rental housing, and mobilehome parks, except any multiple dwelling containing five or more dwelling units.
“Resource recovery” means any use of solid waste collected pursuant to this chapter, except for landfill disposal or transfer for landfill disposal. “Resource recovery” includes, but is not limited to, transformation, composting and multimaterial recycling.
"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, as defined in 14 CCR Section 18982(a)(64).
"Route review" means a visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection
108-3 (La Puente 4-22)
4.12.030
methods such as the use of cameras, as defined in 14 CCR Section 18982(a)(65).
"SB 1383" means 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 Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the 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" means or refers to, for the purposes of this ordinance, the Short- Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
"Self-hauler" means a person who hauls solid waste, organic waste or recovered material he or she has generated to another person, provided such hauling is undertaken through the use of the self-hauler's own equipment and employees. Self-hauler also includes a person who back-hauls waste, as defined in 14 CCR Section 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, as defined in 14 CCR Section 18982(a)(66)(A).
"Single-family" means of, from, or pertaining to any residential premises with fewer than five (5) units.
"Solid waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible solid, semisolid, 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 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 State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to State Public Resources Code Section 40191
“Solid waste container” means any vessel, tank, receptacle, box or bin permitted to be used for the purpose of holding solid waste for collection.
“Solid waste enterprise” means any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste handling services.
“Solid waste handling services” means the collection, transportation, storage, transfer or processing of solid wastes for residential or commercial/industrial users or customers.
"Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing 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 Section 17402.5(b)(4). For the purposes of the ordinance, 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 in the residential sector. In the commercial and multi-family sectors, the gray container shall be used for source separated recyclable material for mixed waste processing.
"Source separated blue container organic waste" means in the residential sector, source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in Section 18982(a) (43), or as otherwise defined by Section 17402(a) (18.7). In the commercial and multi-family sectors, source separated organic wastes that can be placed in a gray container that is limited to the collection of those organic wastes and non- organic recyclables as defined in Section 18982(a) (43), or as otherwise defined by Section 17402(a) (18.7) for mixed waste processing.
"Source separated green container organic waste" means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.
"Source separated organic waste" means organic waste that is placed in a container that is specifically intended for the separate collection of organic waste by the generator, as defined in Section 18982 (a) (69).
"Source separated recyclable materials" means source separated non-organic recyclables and source separated blue container organic waste.
“Special collection services” means the removal by a collector of oversized or overweight household articles placed curbside by a residential householder or owner, which oversized or overweight household articles have weights, volumes or dimensions which cannot be accommodated by solid waste containers for residential premises, such as stoves, refrigerators, water heaters, washing machines, furniture, sofas, mattresses, box springs and large rugs.
“Standard commercial/industrial solid waste container” means a state-of-the-art bin or solid waste container used in connection with commercial/industrial premises with a two, three, four, six or eight cubic yard capacity, designed for mechanical pickup by collection vehicles and equipped with a lid, or where appropriate for the commercial/industrial premises being served, a fifteen, twenty-five, thirty, forty or fifty cubic yard roll-off box or compactor, and shall include other types of containers suitable for the storage and collection of commercial/industrial solid waste if approved in writing by the city manager.
“Standard residential solid waste container” means a standardized roll-away container with a locking lid, made of metal, hard rubber or plastic and having an approximate capacity of ninety gallons, and of a design, color and durability as approved by the city manager.
"State" means the State of California.
"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, as defined in 14 CCR Section 18982(a)(71).
"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following:
(1) Supermarket.
(2) Grocery store with a total facility size equal to or greater than 10,000 square feet.
(3) Food service provider.
(4) Food distributor.
(5) Wholesale food vendor.
"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site food facility and 200 or more rooms.
(3) Health facility with an on-site food facility and 100 or more beds.
(4) Large venue.
(5) Large event.
(6) A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(7) A local education agency facility with an on-site food facility.
"Uncontainerized green waste and yard waste collection service" or "uncontainerized service" means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers source separated organic waste, as defined in 14 CCR Section 189852(a) (75).
"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, as defined in 14 CCR Section 189852(a)(76).
(b) Nothing contained in this section shall be deemed to preclude the city and any solid waste enterprise from incorporating into any agreement for exclusive solid waste handling services definitions relating to their respective contractual rights and obligations which may differ from or augment those set forth herein.
(Ord. 976 § 2, 2021; Ord. 881 § 2, 2009; Ord. 671 § 1 (part), 1992)