For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCUMULATE. To collect, gather or pile up any solid waste on any premises in the corporate limits of the City of Livingston.
ANIMAL. Any equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry or other domesticated beast or bird. The term shall include wild or game animals whenever necessary to effectively control or eradicate diseases.
ANIMAL BYPRODUCTS. The bones, fat, grease, meats and blood waste generated by the processing of meat for animal or human consumption at locations including, but not limited to, butchering facilities, slaughterhouses, markets, restaurants, processing facilities or packaging plants.
BLACK CONTAINER. Any bin, can, receptacle or any other type of receptacle or depository designated by the city or a city-designated waste removal company for the deposit, storage and collection of garbage not designated for collection in the green container.
BROKER.
1. Any person owning, managing or operating a business to accumulate, collect, handle, transport or dispose of offal, slop, swill, debris, refuse, garbage, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious wastes, industrial liquid waste, recycling materials, green wastes or any other solid waste imported, produced or found within the city limits; or
2. Any person engaged in the business of buying meat obtained from a dead animal and reselling such meat in an uncooked form.
CITY. The City of Livingston.
CITY COUNCIL. The City Council of the City of Livingston.
CITY MANAGER. The City of Livingston City Manager, his or her designee as well as the employees working under his or her supervision.
COLLECTION. The operation of gathering together and transporting solid waste to the point of disposal.
COLLECTOR.
1. A person accumulating, handling and transporting or delivering offal, slop, swill, debris, refuse, garbage, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious wastes, industrial liquid waste, recycling materials, green wastes or any other solid waste imported, produced or found within the city limits; or
2. Any person engaged in the business of collecting dead animals.
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 Cal. Code of Regulations Title 14, § 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a COMMERCIAL BUSINESS for purposes of implementing this chapter.
COMMERCIAL EDIBLE FOOD GENERATOR. A tier one or a tier two COMMERCIAL EDIBLE FOOD GENERATOR as defined in this chapter or as otherwise defined in 14 Cal. Code of Regulations Title 14, § 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 Cal. Code of Regulations Title 14, § 18982(a)(7).
COMPLIANCE REVIEW. A review of records by the City of Livingston to determine compliance with this chapter.
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 Cal. Code of Regulations Title 14 § 17855(a)(4); or, as otherwise defined by CCR Title 14, § 18982(a)(8).
COMPOST. Holds the same meaning as in Cal. Code of Regulations Title 14, § 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 PLASTIC. Plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in Cal. Code of Regulations Title 14, § 18984.2(a)(1)(C).
CONTAINER CONTAMINATION or CONTAMINATED CONTAINER. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(55).
CONSTRUCTION WASTE or DEMOLITION WASTE. Solid waste material resulting from building construction, alteration, repair, demolition, including brick, stone, cement, lumber, plaster, and drywall; packaging or rubble resulting from construction, remodeling, repair and demolition operations on pavements or residential, commercial, industrial, institutional and governmental buildings and other structures.
CONTAINER. Residential, commercial, industrial, institutional and government cans, bins, dumpsters approved and provided by the city, city contract agent, licensee, franchisee or permittee for the accumulation and collection of garbage, refuse, rubbish, hazardous waste, household hazardous waste, construction rubbish, recyclable materials, green waste or any other solid wastes from any premises within the city.
CONTRACT AGENT. If the City Council determines to award such a contract to a private business, an agent or employee of an agent of the city, or any person thereof with whom the city shall have duly contracted, under the terms hereinafter set out in the provisions of this chapter, and under the provisions of the laws of the state, with amendments thereto, to accumulate, collect, handle, transport, store or dispose of garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, industrial fluids, recyclable materials, green waste and all other solid waste.
COUNTY. The County of Merced.
CUSTOMER or CONSUMER. Each owner and/or occupant of each building, lot or parcel in the city from which refuse, rubbish, garbage, recyclable materials or green waste are generated or which refuse, rubbish, garbage, recyclable materials, or green waste are required to be collected pursuant to this chapter.
DEAD ANIMAL. The carcass, or any part thereof, of a bovine animal, goat, sheep, swine, domestic cat, dog, poultry or other domesticated beast or bird. The term shall include wild or game animals.
DESIGNATED SOURCE SEPARATED ORGANIC WASTE FACILITY. As defined in Cal. Code of Regulations Title 14, § 18982(14.5), a solid waste facility that accepts a source separated organic waste collection stream as defined in Cal. Code of Regulations Title 14, § 17402(a)(26.6) and complies with one of the requirements according to facility type in Cal. Code of Regulations Title 14, §§ 18982(a)(14.5)(A) through 18982(a)(14.5)(B).
DESIGNEE.
1. An entity that the city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this chapter.
2. A
DESIGNEE may be a government entity, a hauler, a private entity or a combination of those entities.
DEVELOPMENT. Any new or existing project, facility or building, the users of which generate waste within and/or on the property.
DISABLED CUSTOMER.
1. Anyone who has applied at the city and has been designated as a
DISABLED CUSTOMER by the city, because he or she has provided adequate documentation and has been determined by the city as meeting one or more of the following criteria:
(a) Has been found to be permanently handicapped by the California Department of Motor Vehicles;
(b) Has been found to be totally and permanently disabled by the Social Security Administration under any of their programs including, but not limited to, the Social Security Disability Insurance Program under Title II of the Social Security Act, being 42 U.S.C. §§ 401 et seq., and including, but not limited to, the supplemental security income program under Title XVI of the Social Security Act, being 42 U.S.C. §§ 1381 through 1385;
(c) Has been determined to be permanently disabled by any branch of the military or veterans’ administration; or
(d) The City Manager or his or her designee has determined that the individual is disabled based on the statement of a licensed physician.
2. No customer shall be designated as a
DISABLED CUSTOMER if there is an able bodied person residing at the customer’s house.
DISPOSAL. The complete operation of transporting, treating and disposing of accumulations of garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials and green waste and of the product or residue arising from such treatment.
DUMP. To discard or relinquish control or possession of any waste, and includes any act of littering.
DWELLING UNIT. A residential, single-family dwelling and each separate apartment dwelling of a duplex, triplex or fourplex up to and including four apartments, including upstairs, basement, garage or detached apartment or housing units. The term does not include commercial units, industrial units or institutional users.
EDIBLE FOOD. Food intended for human consumption, or as otherwise defined in 14 Cal. Code of Regulations Title 14, § 18982(a)(18). Nothing in this chapter or in Cal. Code of Regulations, Title 14, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the Cal. Retail Food Code.
ENFORCEMENT ACTION. An action of the city to address non-compliance with this chapter, including, but not limited to, issuing administrative citations, fines, penalties or using other remedies.
ENFORCEMENT OFFICIAL. The City Manager or his or her designee, except as otherwise provided herein, shall administer, implement and enforce the provisions of this chapter.
EXCLUDED WASTE. 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 the 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 Cal. Public Resources Code §§ 41500 and 41802. EXCLUDED WASTE does not include used motor oil and filters, household batteries, universal wastes and/or latex paint when such materials are defined as allowable materials for collection through the city’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the city or its designee for collection services.
FACILITY. Something that is installed or established to serve a particular purpose.
FOOD DISTRIBUTOR. A company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(22).
FOOD FACILITY. Holds the same meaning as in Cal. Health and Safety Code § 113789.
FOOD RECOVERY. Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(24).
FOOD RECOVERY ORGANIZATION.
1. 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 Cal. Code of Regulations Title 14, § 18982(a)(25), 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 Cal. Code of Regulations, Title 14, Division 7, Chapter 12 pursuant to Cal. Code of Regulations Title 14, § 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 Cal. Code of Regulations Title 14, § 18982(a)(26). A FOOD RECOVERY SERVICE is not a commercial edible food generator for the purposes of this chapter and implementation of Cal. Code of Regulations Title 14, Division 7, Chapter 12 pursuant to Cal. Code of Regulations Title 14, § 18982(a)(7).
FOOD SCRAPS. All food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese and eggshells. FOOD SCRAPS excludes fats, oils and grease when such materials are source separated from other FOOD SCRAPS.
FOOD SERVICE PROVIDER. An entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(27).
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 and pizza boxes.
FOOD WASTE. Food scraps, food-soiled paper and compostable plastics.
GREEN CONTAINER. Any bin, can receptacle or cart that has the same meaning as in Cal. Code of Regulations Title 14, § 18982.2(a)(29), or an existing onsite container labeled as “organics”, and shall be used for the purpose of storage and collection of source separated green container organic waste.
GREEN WASTE. Cut shrubbery, trees, shrubbery trimmings, dead flowers, grass cuttings, dead plants, grass clippings, weeds, vines, brush, leaves, dead trees or branches thereof, chips, shavings, sawdust, straw, and other similar organic material which may be effectively composted.
GREEN WASTE COLLECTION PROGRAM. The program by which the city collects green waste from residential, commercial, industrial, institutional and governmental customers of garbage collection services. The collection of green waste shall be by a service schedule which may be separate from those for the pick up of garbage and recyclable materials.
GROCERY STORE. A store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(30).
HANDLING. The transporting, transferring, pumping, processing, storing, or packaging of waste referred to in this chapter.
HAULER ROUTE. The designated itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(31.5).
HAZARDOUS MATERIAL. Any material that, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. HAZARDOUS MATERIALS include, but are not limited to, hazardous substances, hazardous waste, and any material that a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.
HAZARDOUS SUBSTANCE. Includes, but is not limited to, any HAZARDOUS SUBSTANCE as that term is defined under Cal. Health and Safety Code §§ 25281(h), 25501(n), and pursuant to 42 U.S.C. § 9601(14); any HAZARDOUS WASTE as that term is defined under 42 U.S.C. § 6903(5), and under Cal. Health and Safety Code § 25501(n); any HAZARDOUS MATERIAL, as that term is defined under Cal. Health and Safety Code § 25501(n); any chemical which the Governor of California has identified as a chemical known to cause cancer or reproductive toxicity, pursuant to Cal. Health and Safety Code § 25249.8; and any crude oil or refined or unrefined petroleum product, or any fraction or derivative thereof, and any asbestos or asbestos containing material. The term HAZARDOUS SUBSTANCE includes any amendments to the above referenced statutes and regulations.
HAZARDOUS WASTE.
1. Any substance which has been determined to be a hazardous substance such that it cannot be disposed of in the county’s landfill and is required by county ordinance, state law, federal law or by county, state or federal regulations to be transported to a specialized disposal facility set aside for hazardous waste.
HAZARDOUS WASTES include, but are not limited to, household hazardous wastes;
2. A waste, or combination of wastes, which because of its quality, concentration, or physical, chemical, or infectious characteristics may do either of the following:
(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 environment when improperly treated, stored, transported or disposed of, or otherwise managed.
3. All waste defined or characterized as hazardous waste by the federal law in Cal. Health and Safety Code § 25117, as amended, and all future amendments thereto, or regulations promulgated hereunder; or
4. All waste defined by agencies of the state (including, without limitation, the Department of Health Services and the California Waste Management Board) having jurisdiction over hazardous waste generated by facilities within such state, provided that the term
HAZARDOUS WASTE:
(a) Is intended to mean and include those substances that are not normally expected to be disposed of by generally accepted sanitary landfill disposal methods;
(b) Shall include radioactive wastes; and
(c) Shall be construed to have the broader, more encompassing definition where there exists a conflict in the definitions employed by two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste.
5. All infectious waste as defined in this chapter. All infectious waste shall also be considered
HAZARDOUS WASTE and subject to all federal, state, county and city hazardous waste and infectious waste laws and regulations.
HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY. A facility that is in compliance with the reporting requirements of Cal. Code of Regulations Title 14, § 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022, and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to Cal. Code of Regulations Title 14, § 18815.5(e) for organic waste received from the mixed waste organic collection stream as defined in Cal. Code of Regulations Title 14, § 17402(a)(11.5); or, as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(33).
HOUSEHOLD HAZARDOUS WASTE. Any waste produced by a household that contains an ingredient listed in the 40 C.F.R. parts 261.33(e) or 261.33(f), or that exhibits characteristics of ignitability, corrodibility, reactivity (e.g., an oxidizer) toxicity, or infectiousness. Empty containers retaining residues of HOUSEHOLD HAZARDOUS WASTE include, but are not limited to, each of the following: household cleaners; pesticides; batteries; wood preservatives; automobile polish; furniture polish; fertilizers; automotive products; adhesives and sealants; paints and coatings; photographic chemicals; swimming pool chemicals; and used oils.
INDUSTRIAL LIQUID WASTE. Any and all liquid or waterborne waste from an industrial or commercial process.
INDUSTRIAL UNITS. Any business establishment engaged in processing, manufacturing, slaughtering, warehousing, construction and/or demolition or other similar activity.
INFECTIOUS WASTE. Solid waste capable of producing an infection or pertaining to or characterized by the presence of pathogens or medical waste regulated by the Cal. Health and Safety Code §§ 117600 et seq. It includes, but is not limited to, certain wastes generated from dead animals or by medical practitioners, hospitals, nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians, veterinary hospitals, medical testing labs, slaughterhouses, rendering plants, receiving plants, protein reduction plants, tallow plants, and any waste that includes animal wastes, feathers, hides, fats, grease, bone, bone meal, flesh, blood, feces, manure, night soil, meat, flesh, hair, animal byproducts or body parts from animal processing plants, slaughterhouses, rendering plants, receiving plants, tallow plants, protein reduction facilities or other similar facilities. All INFECTIOUS WASTE shall also be considered HAZARDOUS WASTE and subject to all federal, state, county and city hazardous waste laws and regulations.
INSPECTION. A site visit where the city reviews records, containers and an entity’s collection, handling, recycling or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(35).
INTERMEDIATE STORAGE TANK. Any stationary tank used for the temporary storage of hazardous and nonhazardous substances which will be transported off site to a disposal site for subsequent treatment or disposal.
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, as defined in Cal. Code of Regulations Title 14, § 18982(a)(38).
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 Cal. Code of Regulations Title 14, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit or privately owned or operated stadium, hall, conference or civic center, airport, performing arts center, museum, theater or other public attraction facility. For purposes of this chapter and implementation of Cal. Code of Regulations Title 14, 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, as defined in Cal. Code of Regulations Title 14, § 18982(a)(39).
LOCAL EDUCATION AGENCY. A school district, charter school or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(40).
MULTI-FAMILY RESIDENTIAL DWELLING UNITS. A permanent building containing two or more dwelling units including, but not limited to, apartments, condominiums and mobilehome parks.
MWELO. The Model Water Efficient Landscape Ordinance (MWELO), Cal. Code of Regulations Title 23, Division 2, Chapter 2.7.
NON-COMPOSTABLE PAPER. Includes, but is not limited to, paper that is coated in a plastic and/or metallic material that will not breakdown in the composting process, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(41).
NON-LOCAL ENTITY. The following entities are not subject to the city’s enforcement authority, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(42):
1. Special district(s) located within the boundaries of the city, including Livingston Union School District; and
2. State agencies located within the boundaries of the city, including Caltrans, Cal Fire or Merced County facilities.
NON-ORGANIC RECYCLABLES. Non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in Cal. Code of Regulations Title 14, §18982(a)(43).
NOTICE OF VIOLATION (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 Cal. Code of Regulations Title 14, § 18982(a)(45) or further explained in Cal. Code of Regulations Title 14, § 18995.4.
OFFAL. The waste or byproduct of a process.
ORGANIC WASTE. 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 or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(46). Biosolids and digestate are as defined by Cal. Code of Regulations Title 14, § 18982(a).
ORGANIC WASTE GENERATOR. A person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(48).
PAPER PRODUCTS. Includes, but is not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue and toweling, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(51).
PERMITTEE, LICENSEE or FRANCHISEE. Any person or solid waste enterprise who accumulates, collects, transports, stores or disposes of any form of garbage, refuse, rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, construction rubbish, recyclable materials, green waste or any other solid waste, for compensation pursuant to a City Council granted permit, license, contract or franchise issued under this chapter.
PERSON. Individuals, companies, firms, corporations, partnerships, trusts, associations or combinations thereof.
PREMISES. Any single-family residential, multi-family residential, industrial, commercial, retail, institutional or governmental properties of any kind, or any other dwelling, building or vacant property where solid waste is generated or accumulates for disposal.
PRINTING AND WRITING PAPERS. As defined in Cal. Code of Regulations Title 14, § 18982(a)(54).
PROHIBITED CONTAINER CONTAMINANTS. Includes the following:
1. 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; and
2. Excluded waste placed in any container.
PUBLIC HIGHWAY. Any public street, alley, road, walkway, public place or highway open to and used by the traveling public and not used as a private right-of-way.
RECEIVING PLANT. A premises to which dead animals are delivered for the purpose of obtaining animal wastes, feathers, hides, fats, grease, bone, bone meal, flesh, blood, feces, manure, night soil, meat, flesh, hair, animal byproducts or other animal body parts or for the purpose of selling or delivering the dead animals or parts thereof to a rendering plant, tallow plant or protein reduction facility.
RECOVERABLE MATERIAL. Material which is capable of being retrieved or diverted from disposal or transformation for the purpose of recycling, reuse and composting. RECOVERABLE MATERIAL does not include those materials generated from and reused on site for manufacturing purposes.
RECYCLABLE MATERIAL. Solid waste material such as newspapers, printed matter paper products, aluminum cans, other cans, glass, beverage containers, bottles, plastic containers, pasteboard, corrugated cardboard and other items that through a process of collecting, sorting, cleansing, treating and reconstituting is returned to the economic mainstream in the form of raw material for new, reused, remanufactured, reprocessed or reconstituted products which meet the quality standards necessary to be used in the marketplace.
RECOVERED ORGANIC WASTE PRODUCTS. Products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(60).
RECOVERY. Any activity or process described in Cal. Code of Regulations Title 14, §18983.1(b), or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(49).
RECYCLABLE MATERIAL. Solid waste material such as newspapers, printed-matter paper products, aluminum cans, other cans, glass, beverage containers, bottles, plastic containers, pasteboard, corrugated cardboard and other items that through a process of collecting, sorting, cleansing, treating and reconstituting is returned to the economic mainstream in the form of raw material for new, reused, remanufactured, reprocessed or reconstituted products which meet the quality standards necessary to be used in the marketplace.
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 Cal. Code of Regulations Title 14, § 18982(a)(61).
RECYCLING. The process of collecting, sorting, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream as defined in the Cal. Public Resources Code § 40180.
RECYCLING PROGRAM. The program by which the city collects recyclable materials from residential, commercial, industrial, institutional and governmental customers of garbage, refuse, rubbish or green waste collection services. The collection of recyclable materials shall be by a service schedule that may be separate from those for the pick up of garbage, refuse, rubbish and green waste.
RECYCLING STATION. Any property and/or facility that is used or designated to be used at any time for the recycling of any or all recyclable materials including green waste materials.
REFUSE. All solid waste, including, but not limited to, all “rubbish”, “construction rubbish”, “recyclable material”, “garbage”, “green waste”, and “household hazardous waste” as defined in this chapter or as defined in Cal. Public Resources Code §§ 40191 and 49503.
RENDERING PLANT, TALLOW PLANT, PROTEIN REDUCTION FACILITY OR SIMILAR FACILITY. A premises at which dead animals are processed into hides, meat, bone meal, meat meal or inedible fats. All animal byproducts from rendering plants, tallow plants, protein reduction facilities are considered to be “infectious waste” and “hazardous waste”.
REGIONAL AGENCY. As defined in Cal. Public Resources Code § 40181.
REMOTE MONITORING. The use of the internet of things (IoT) and/or wireless electronic devices to visualize and providing photo documentation of the contents of containers, for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
RESIDENTIAL CUSTOMER. The owner and/or occupant of a one-family dwelling unit and/or multi-family dwelling units.
RESIDENTIAL UNITS. All dwelling units including one-family residential dwelling units, multi-family residential units, apartments, condominiums, planned unit developments or any other dwelling units occupied or used by people for living, sleeping and other domestic activities.
RESTAURANT. An establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in Cal. Code of Regulations Title 14, § 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 Cal. Code of Regulations Title 14, § 18982(a)(65).
RUBBISH. All solid waste material, both combustible and noncombustible, consisting of waste wood, wood products, mattresses, rubber, plastics, clothing, rags, shoes, boots, carpets, linoleum, oil cloth, waste pulp, glass, crockery, bottles, shelves, cans, wire, products used for packaging or wrapping, building and yard sweepings, old metals, mineral or metallic substances, earth, rock, ashes, cinders, water heaters, furnaces, furniture, washers, dryers, refrigerators, televisions, radios, or other waste material or other discarded, abandoned or useless matter which by its presence or accumulation may injuriously affect the health, comfort, safety or convenience of any portion of the community by increasing the danger of disease, injury or damage to person or property, or hazard by fire; and shall include all other organic or inorganic matter rejected, abandoned or discarded by the owners or producers thereof as useless or offensive. RUBBISH does not include wastes and other materials, including, but not limited to, objects not easily moved by one man, such as discarded automobile bodies, other bulky or heavy objects, manure or offal or waste from animal yards.
SB 1383. Senate Bill 1383 of 2016, approved by the Governor on September 19, 2016, which added §§ 39730.5, 39730.6, 39730.7 and 39730.8 to the Cal. Health and Safety Code, and added Chapter 13.1 (commencing with § 42652) to Part 3 of Division 30 of the Cal. Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
SB 1383 REGULATIONS. The short-lived climate pollutants; organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created Cal. Code of Regulations Title 14, Division 7, Chapter 12 and amended portions of regulations of Cal. Code of Regulations Title 14 and Cal. Code of Regulations Title 27.
SCAVENGE. The unauthorized removal of any recyclable materials or solid waste without a permit under this chapter.
SELF-HAULER. A person who hauls solid waste, organic waste or recyclable material he or she has generated to a collection site or facility. SELF-HAULER also includes a person who back-hauls waste, or as otherwise defined in Cal. Code of Regulations Title 14, § 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 Cal. Code of Regulations Title 14, § 18982(a)(66)(A).
SINGLE-FAMILY. Of, from or pertaining to any residential premises with fewer than five units.
SLAUGHTER. Slaughter for the purpose of processing for human consumption.
SOLID WASTE. As defined in Cal. Public Resources Code § 40191, which defines SOLID WASTE as all putrescible and nonputrescible 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 semi-solid 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); or
3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with § 117600) of Division 104 of the Cal. Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Cal. Public Resources Code § 40195.1. Medical waste that has been treated and deemed to be
SOLID WASTE shall be regulated pursuant to Division 30 of the Cal. Public Resources Code.
SOURCE REDUCTION. Efforts taken to minimize the quantity of waste generated and entering the waste stream.
SOURCE REDUCTION/RECYCLING PLAN. A written policy approved by the city describing how waste reduction and recycling is to be accomplished within a residential, commercial, industrial, institutional, governmental development or facility.
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 Cal. Code of Regulations Title 14, § 17402.5(b)(4). For the purposes of the 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 black container waste or other solid waste for the purposes of collection and processing.
SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE. Source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding pet waste, carpets, non-compostable paper and textiles.
SOURCE SEPARATED RECYCLABLE MATERIALS. Source separated non-organic recyclables.
STATE. The State of California.
SUPERMARKET. A full-line, self-service retail store with gross annual sales of $2,000,000 or more, and which sells a line of dry grocery, canned goods or non-food items and some perishable items, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(71).
TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR. A commercial edible food generator that is either a 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, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(73).
TIER TWO EDIBLE FOOD GENERATOR. As defined in Cal. Code of Regulations Title 14, § 18982(a)(74), a commercial edible food generator that is either a 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, 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.
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 Cal. Code of Regulations Title 14, § 189852(a)(76).
(Ord. 648, passed 4-19-2022)