The following definitions govern the use of terms in this chapter:
A. CALRECYCLE. 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 (and others).
B. CALIFORNIA CODE OF REGULATIONS or CCR. The State of 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).
C. CITY. The City of Pinole.
D. COMMERCIAL BUSINESS or COMMERCIAL. A firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five (5) units is not a commercial business for purposes of implementing this chapter.
E. 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 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).
F. 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 one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
G. COMPLIANCE REVIEW. A review of records by a jurisdiction to determine compliance with this chapter.
H. COMPOST. Has the same meaning as in 14 CCR Section 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.
I. CONTAINER CONTAMINATION or CONTAMINATED CONTAINER. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
J. C&D. Construction and demolition debris.
K. DESIGNEE. An entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A DESIGNEE may be a government entity, the franchise hauler, a private entity, or a combination of those entities.
L. 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.
M. ENFORCEMENT ACTION. An action of the city to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
N. 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 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 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. 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 the designee for collection services.
O. FOOD DISTRIBUTOR. A company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
P. FOOD FACILITY. The same meaning as in Section 113789 of the Health and Safety Code.
Q. FOOD RECOVERY. Actions to collect and distribute food for human consumption that otherwise would be disposed of, or as otherwise defined in 14 CCR Section 18982(a)(24).
R. 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:
1. A food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A FOOD RECOVERY ORGANIZATION is not a commercial edible food generator for the purposes of this chapter 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 chapter.
S. 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 and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
T. 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.
U. 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 14 CCR Section 18982(a)(27).
V. FOOD-SOILED PAPER. Compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes and milk cartons.
W. FOOD WASTE. Food scraps and food-soiled paper, in combination or separately.
X. FRANCHISE HAULER. Such persons, firms or corporations collecting and delivering for disposal, recycling or processing solid waste originating in the city and doing so under a contract or franchise agreement with the city.
Y. GARBAGE. Those elements of the solid waste stream designated for the garbage container, and excludes hazardous waste, excluded waste, materials designated for the organics container or recycling container or materials which have been separated for reuse.
Z. GARBAGE CONTAINER. Has the same meaning as gray container in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of garbage.
AA. 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 14 CCR Section 18982(a)(30).
BB. HAULER ROUTE. The designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
CC. HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY. 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 fifty percent (50%) between January 1, 2022 and December 31, 2024, and seventy-five percent (75%) 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); or, as otherwise defined in 14 CCR Section 18982(a)(33).
DD. INSPECTION. A site visit where a jurisdiction reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
EE. ENFORCEMENT OFFICIAL. The city manager, or his or her designee, or an authorized designee.
FF. LARGE EVENT. An event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.
GG. 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 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 chapter 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. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.
HH. 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 14 CCR Section 18982(a)(40).
II. MIXED WASTE ORGANIC COLLECTION STREAM or MIXED WASTE. Organic waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility, or as otherwise defined in 14 CCR Section 17402(a)(11.5).
JJ. MULTI-FAMILY RESIDENTIAL COMPLEX or MULTI-FAMILY. For purposes of SB 1383 compliance requirements, being of, from, or pertaining to residential premises with five (5) or more dwelling units. MULTI-FAMILY COMPLEX does not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses for purposes of SB 1383 compliance.
KK. 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, or as otherwise defined in 14 CCR Section 18982(a)(41).
LL. 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 14 CCR Section 18982(a)(43).
MM. 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 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
NN. ORGANICS CONTAINER. Has the same meaning as green container in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated organic waste designated for compost processing, including food waste and landscape and pruning waste accepted in the city's organic waste collection program, and other organic materials as determined by the city as acceptable for the ORGANICS CONTAINER.
OO. 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 organic 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). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
PP. ORGANIC WASTE GENERATOR. A person or entity that is responsible for the initial generation or accumulation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
QQ. PAPER PRODUCTS. Include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
RR. 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).
SS. PROHIBITED CONTAINER CONTAMINANTS.
1. Discarded materials placed in the recycling container that are not identified as acceptable source separated recyclable materials for the recycling container;
2. Discarded materials placed in the organics container that are not identified as acceptable source separated organic waste for the organics container;
3. Discarded materials placed in the garbage container that are acceptable source separated recyclable materials and/or source separated organic wastes not correctly placed in the organics container and/or recycling container; and
4. Excluded waste placed in any container.
TT. 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 14 CCR Section 18982(a)(60).
UU. RECOVERY. Any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
VV. RECYCLED-CONTENT PAPER. Paper products and printing and writing paper that consists of at least thirty percent (30%), by fiber weight, post-consumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
WW. RECYCLING CONTAINER. Has the same meaning as blue container in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.
XX. REGIONAL AGENCY. Regional agency as defined in Public Resources Code Section 40181.
YY. REGIONAL OR COUNTY AGENCY ENFORCEMENT OFFICIAL. A regional or county agency enforcement official, designated by the city with responsibility for enforcing the ordinance in conjunction or consultation with City's Enforcement Official.
ZZ. REMOTE MONITORING. 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.
AAA. RENEWABLE GAS. 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 recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
BBB. RESTAURANT. An establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
CCC. ROUTE REVIEW. A visual Inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
DDD. SB 1383. 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.
EEE. SB 1383 REGULATIONS or SB 1383 REGULATORY. 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.
FFF. SELF-HAULER. A generator, that hauls solid waste, organic waste or recyclable materials it has generated, using its own vehicles and equipment, driven by the generator or its employees, to an appropriate approved materials processing or disposal facility. SELF-HAULER also includes a person who back-hauls waste,). "Back-haul" means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees, vehicles and equipment.
GGG. SINGLE-FAMILY. Of, from, or pertaining to any residential premises with fewer than five (5) units.
HHH. SOLID WASTE. The same meaning as defined in State Public Resources Code Section 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 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 Division 30 of the State Public Resources Code.
III. SOURCE SEPARATED. Materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, SOURCE SEPARATED shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that SOURCE SEPARATED materials are separated from mixed waste or other solid waste for the purposes of collection and processing.
JJJ. SOURCE SEPARATED RECYCLING CONTAINER ORGANIC WASTE. Source separated organic waste that can be placed in a recycling container that is designated and limited to the collection of those and non-organic recyclable as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
KKK. SOURCE SEPARATED ORGANIC WASTE. Source separated organic waste materials that can be placed in an organics container that is specifically intended for the separate collection of organic waste materials by the generator, excluding source separated recycling container organic waste, textiles and carpets, non-compostable paper.
LLL. SOURCE SEPARATED RECYCLABLE MATERIALS. Source separated non-organic recyclables and source separated recycling container organic waste.
MMM. STATE. The State of California.
NNN. SUPERMARKET. A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
OOO. TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR. 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 ten thousand (10,000) square feet;
3. Food service provider;
4. Food distributor;
5. Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.
PPP. TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR. A commercial edible food generator that is one of the following:
1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet;
2. Hotel with an on-site food facility and two hundred (200) or more rooms;
3. Health facility with an on-site food facility and one hundred (100) or more beds;
4. Large venue;
5. Large event;
6. A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet;
7. A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.
QQQ. UNCONTAINERIZED YARD WASTE COLLECTION SERVICE or UNCONTAINERIZED SERVICE. A collection service that collects yard waste that is placed in a pile, tie-bundled or bagged for collection at the curb in front of a generator's house or place of business for collection and transport to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
RRR. WHOLESALE FOOD VENDOR. A business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76). (Ord. 2021-01 § 2 (part), 2021)