For the purposes of this Division 6, the following terms shall have the meanings set forth in this section:
(a) AB 341. The Assembly Bill approved by the Governor of the State of California on October 5, 2011, which amended §§ 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added §§ 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with § 42649) to Part 3 of Division 30 of, and added and repealed § 41780.02 of, the Public Resources Code, relating to solid waste.
(b) AB 827. The Assembly Bill approved by the Governor of the State of California on October 2, 2019, which amended §§ 42649.1, 42649.2, 42649.8, and 42649.81 of the Public Resources Code, relating to solid waste.
(c) AB 939. The California Integrated Waste Management Act of 1989, beginning at California Public Resources Code §§ 40000, et seq., as it may be amended from time to time.
(d) AB 1594. The Assembly Bill approved by the Governor of the State of California on September 28, 2014, which amended §§ 40507 and 41781.3 of the Public Resources Code, relating to solid waste.
(e) AB 1826. The Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as "AB 1826."
(f) ALTERNATIVE FACILITY. A facility other than designated facilities approved by County for temporary use.
(g) APPLICABLE LAW. All Federal, State, County, and local laws, regulations, rules, orders, judgments, decrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over the collection, transportation, processing, and disposal of discarded materials. Applicable law includes, but is not limited to, AB 939, AB 341, AB 1826, and SB 1383.
(h) BACK-HAUL. Generating and transporting recyclables and/or organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as defined in 14 CCR § 18982(a)(66)(A).
(i) BIN. A container with capacity of approximately one to eight cubic yards with a hinged lid and with wheels (where appropriate) that is serviced by a front end-loading collection vehicle. This includes bins with compactors attached to increase the capacity of the bin.
(j) BLUE CONTAINER. A container that is defined in 14 CCR § 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.
(k) BOARD. The San Bernardino County Board of Supervisors.
(l) BROWN CONTAINER. The same meaning as in 14 CCR § 18982.2(a) and shall be used for the purpose of storage and collection of source separated food waste.
(m) BULKY WASTE. Discarded furniture (including but not limited to chairs, sofas, mattresses, and area rugs); appliances (including but not limited to refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances, and other similar items, commonly known as "white goods") ; discarded stereos, televisions , computers, VCRs, and other similar items (commonly known as "electronic-waste"); wood waste (excluding treated wood), tree trunks, large branches, and scrap wood that can be reasonably handled by two employees and complies with the maximum size requirements of the designated facility. Bulky waste does not include C&D, waste tires, or large items such as car bodies, Jacuzzi tubs or spas, or other items that cannot be handled by two persons. In addition, bulky waste does not include waste tires.
(n) CART. A plastic container with a hinged lid and wheels that is serviced by an automated or semi-automated collection vehicle.
(o) 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).
(p) CALRECYCLE. The California Department of Resources Recycling and Recovery, which is the Department designated with the responsibility for developing, implementing and enforcing State law and regulations on jurisdictions (and others).
(q) CHANGE IN LAW. The imposition (or removal), after the establishment of a total rate relative to a franchise agreement, of any duty or burden imposed upon the grantee in the performance of the solid waste handling services required of it under its franchise agreement which is or becomes additional to (or is subtracted from) or different from those duties required or contemplated in its franchise agreement, or which must be performed in a different manner from that in which it is initially contemplated to be performed, and which results from any of the following:
(1) The enactment, issuance, adoption, repeal, amendment or modification of any Federal, State or local law, statute, ordinance or regulation.
(2) A regulatory agency or other administrative agency interpreting a regulation, a judicial decision of a Federal court interpreting Federal law or statute, or a judicial decision of a court having jurisdiction within California interpreting a Federal, State or local law, statute, ordinance or regulation, in a manner different from the interpretation which had previously been generally relied upon in California within the solid waste collection and hauling industry.
(3) CHANGE IN LAW does not include any of the items noted in Subdivisions (1) or (2) above, which relate to any tax, [other than a business license tax imposed by the County on a grantee's performance of solid waste handling services under its franchise agreement] including without limit, any tax based or measured on net or gross income, any business, payroll or franchise tax or any employment tax.
(r) CHANGE IN LAW ADJUSTMENT. The adjustment to total rate in the event of a change in law.
(s) CHANGE IN OWNERSHIP. Occurs when either a single transaction or event or the cumulative effect of more than one transaction or event, results in 50 percent or more of the beneficial ownership of the grantee being different than such ownership as of the date of the approval by the County of the franchise agreement or, if applicable, as of the date of the most recent consent of the County to a change in ownership. The owners of the beneficial ownership of grantee on the date of the approval of the franchise agreement or, if applicable, on the date of the most recent consent of the County to a change in ownership, shall be referred to in this Subdivision as an "initial owner". A CHANGE IN OWNERSHIP will be determined by application of the following:
(1) Any beneficial interest owned by an individual related by blood or marriage to an initial owner shall be considered as owned by an initial owner in determining if a CHANGE IN OWNERSHIP has occurred.
(2) Any public offering of stock where the stock is offered for sale to the general public and does not constitute a private placement shall be disregarded in determining if a CHANGE IN OWNERSHIP has occurred.
(3) Sales, transfers, issuances or pledges of non-voting shares of stock will not be considered in determining if a CHANGE IN OWNERSHIP has occurred, until and unless and only to the extent that such stock is converted into voting shares of stock.
(4) The pledge of, or any other action taken relative to, voting shares of stock which results in any voting rights of such stock being exercised by other than an initial owner shall be considered to be a transfer of such stock for the purposes of determining if a CHANGE IN OWNERSHIP has occurred.
(t) CHANGE IN SERVICE LEVEL ADJUSTMENT. The adjustment to total rate in the event of a change in service level and as described in the franchise agreement.
(u) COLLECT or COLLECTION. The act of taking physical possession of discarded materials at single-family premises, multi-family premises, or commercial businesses within the County, and transporting the discarded materials to a designated facility for processing, transfer, or disposal.
(v) COMMERCIAL BUSINESS. 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 with five dwellings or more, or as otherwise defined in 14 CCR § 18982(a)(6).
(w) COMMUNITY COMPOSTING. Any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet as specified in 14 CCR § 17855(a)(4); or as otherwise defined by 14 CCR § 18982(a)(8).
(x) COMPLIANCE REVIEW. A review of records by the County to determine compliance with the requirements of this Chapter.
(y) COMPOST. Defined in 14 CCR § 17896.2(a)(4) which states, as of the effective date of this Chapter, the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the County solid waste stream, or which are separated at a centralized facility.
(z) COMPOSTABLE PLASTICS. Plastic materials that meet the ASTM D6400 standard for compatibility, or as otherwise described in 14 CCR §§ 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
(aa) CONSTRUCTION AND DEMOLITION DEBRIS or C&D. The nonhazardous waste building material, inerts, soil, packaging, yard trimmings, rubble, and other used or discarded materials resulting from construction or demolition.
(bb) CONSUMER PRICE INDEX. All Urban Consumers, Los Angeles-Long Beach-Anaheim, CA, all items less food and energy, as published by the U.S. Department of Labor, Bureau of Labor Statistics, Series ID. CUURS49ASAOLE, or the most similar successor index if the index is no longer published.
(cc) CONTAINER CONTAMINATION or CONTAMINATED CONTAINER. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR § 18982(a)(55).
(dd) COUNTY. San Bernardino County, State of California.
(ee) COUNTY SOLID WASTE DISPOSAL SYSTEM. At any particular time, the then-existing landfill disposal facilities which the County owns, leases or has a contractual right to use.
(ff) DELINQUENT FEES. The fees under the total rate which are due for uniform handling service rendered to an owner's property (or which have been attempted to be rendered, if uniform handling service is not allowed to be provided by action of the owner or tenant) but which have not been paid for 90 days or more after the mailing of the invoice related to such service.
(gg) DEPARTMENT OF PUBLIC HEALTH, DIVISION OF ENVIRONMENTAL HEALTH SERVICES. The County division of that name or such County department, division or office which is the successor thereto.
(hh) DESIGNATED DISPOSAL FACILITY. A disposal facility that is approved for use by the Division.
(ii) DESIGNATED FACILITY(IES). Any one of or any combination of the following: Designated C&D processing facility; designated disposal facility; designated high diversion organic waste processing facility; designated organic waste processing facility, designated SSR processing facility; and, designated transfer facility, and is approved for use by the Division.
(jj) DESIGNATED HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY. A high diversion organic waste processing facility that is approved for use by the Division.
(kk) DESIGNATED ORGANIC WASTE PROCESSING FACILITY. An organic waste processing facility that is approved for use by the Division.
(ll) DESIGNATED ORGANIC WASTE PROCESSING FACILITY FEE. The fee charged for use of a designed organic waste processing facility.
(mm) DESIGNATED SOURCE SEPARATED ORGANIC WASTE FACILITY. As defined in 14 CCR § 18982(14.5), a solid waste facility that accepts a source separated organic waste collection stream as defined in 14 CCR § 17402(a)(26.6) and complies with one of the following:
(1) The facility is a "transfer/processor," as defined in 14 CCR § 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR § 18815.5(d), and meets or exceeds the annual average source separated organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on or after January 1, 2025 as calculated pursuant to 14 CCR § 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."
(2) The facility is a "composting operation" or "composting facility" as defined in 14 CCR § 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR § 18815.7 demonstrates that the percent of material removed for landfill disposal that is organic waste is less than the percent specified in 14 CCR § 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 § 17896.5.
(A) If the percent of 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 consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a "designated source separated organic waste facility." For the purposes of this Chapter, the reporting periods shall be consistent with those defined in 14 CCR § 18815.2(a)(49).
(nn) DESIGNEE. An entity that the County contracts with or otherwise arranges to carry out any of the County's responsibilities of this Chapter as authorized in 14 CCR § 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
(oo) DIRECTOR. The Director of the Department of Public Works or the designee of such individual.
(pp) DISCARDED MATERIALS. Material deemed to have been discarded, without regard to whether they are destined for recycling or disposal, and whether or not they have been source separated, in all cases where a fee or other compensation, in any form or amount, is directly or indirectly solicited from, or levied, charged, or otherwise imposed on, or paid by, the generator or subscriber in exchange for solid waste handling services. As used herein, solid waste handling services include, without limitation, the provision of containers for the collection, removal, transportation, delivery, and processing and/or disposal of the material. Discarded materials do not include edible food that is recovered for human consumption. For the purposes of this Chapter, discarded materials include SSR, SSBCOW, SSGCOW, SSBRCOW, solid waste or mixed waste, and C&D.
(qq) DISPOSE or DISPOSAL. The final disposition of any solid waste collected by the grantee at a permitted landfill or other permitted solid waste facility.
(rr) DIVERT OR DIVERSION. To divert from disposal facilities or transformation facilities (including incineration, pyrolysis, distillation, gasification or biological conversion) through source reduction, recycling and composting, as provided in § 41780 of California Public Resources Code as such act may be hereafter amended or superseded provided that divert or diversion shall include delivery to transformation facilities if the overall diversion achieved by the County is at a level where delivery to such facilities shall be considered diversion pursuant to the Act.
(ss) DIVISION. The County Department of Public Works Solid Waste Management Division or such County department, division or office which is the successor thereto.
(tt) DWELLING or DWELLING UNIT. Any individual living unit in a single-family or Multi-Family structure or building, a mobile home, or a motor home located on a permanent site intended for, or capable of being utilized for, residential living other than a hotel or motel.
(uu) EDIBLE FOOD. Food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a)(18). Edible food is not solid waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
(vv) ELECTRONIC WASTE. Electronic waste materials generated by residential or commercial subscribers that render the items hazardous depending upon their condition and density, such as, but not limited to, televisions, computer monitors containing cathode ray tubes (CRTs), cell phones, scanners, fax machines and other items as determined by applicable laws and regulations.
(ww) ENFORCEMENT ACTION. An action of the County to address noncompliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(xx) EXCLUDED WASTE. Hazardous substance, hazardous waste, infectious waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the County 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 County'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 County, 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 multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with California Public Resources Code §§ 41500 and 41802. Excluded waste does not include used motor oil filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the County's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the County for collection services.
(yy) FOOD RECOVERY. Actions to collect and distribute food for human consumption which otherwise would be Disposed, as defined in 14 CCR § 18982(a)(24).
(zz) FOOD RECOVERY ORGANIZATION. An entity that primarily engages in the collection or receipt of edible food and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to:
(1) A food bank as defined in § 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in § 113841 of the Health and Safety Code; and
(3) A nonprofit charitable temporary food facility as defined in § 113842 of the Health and Safety Code.
(aaa) FOOD RECOVERY SERVICE. A person or entity that collects and transports edible food to a food recovery organization or other entities for food recovery.
(bbb) 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 solid waste food scraps.
(ccc) 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.
(ddd) FOOD WASTE. Source separated food scraps, food-soiled paper, and compostable plastics. Food waste is a subset of organic waste.
(eee) FRANCHISE AGREEMENT. The agreement entered into between the County and the grantee under the provisions of § 46.0301 which authorizes/requires the grantee to provide solid waste handling services in a specified franchise area.
(fff) FRANCHISE AREA. The geographic territory in the unincorporated County for which the Grantee has been granted a franchise to provide solid waste handling services, as specified in each franchise agreement.
(ggg) FRANCHISE FEE. The fee paid to the County by the grantee in consideration of the granting of a franchise pursuant to this Division.
(hhh) GARBAGE HAULER. Any person or entity who collects garbage, unmixed with rubbish, and transports it to a commercial garbage-feeding hog ranch or to a commercial establishment for processing for use in livestock feeding pursuant to the requirements in Public Resources Code § 40059.4(b)(1-5).
(iii) GENERATOR. Any person who first discards materials, and by that act makes discarded materials subject to regulation under federal, State, or local regulations.
(jjj) GRANTEE. A person granted a franchise pursuant to a franchise agreement.
(kkk) GRAY/BLACK CONTAINER. The same meaning as in 14 CCR § 18982.2(a) and shall be used for the purpose of storage and collection of gray/black container waste or mixed waste.
(lll) GRAY/BLACK CONTAINER WASTE. Solid waste that is collected in a gray/black container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray/black container as specified in 14 CCR §§ 18984.1(a) and (b) or as defined in 14 CCR § 17402(a)(6.6). For the purposes of this franchise agreement, gray/black container waste includes carpet and textiles.
(mmm) GREEN CONTAINER. The same meaning as in 14 CCR § 18982.2(a) and shall be used for the purpose of storage and collection of SSGCOW.
(nnn) GREEN WASTE. Discarded materials consisting of grass clippings, leaves, branches, tree trunks and other vegetative matter not more than six inches in diameter or four feet in length.
(ooo) GROSS RECEIPTS. All monies received by grantee for providing the solid waste handling services specified in its franchise agreement.
(ppp) GROSS RECEIPTS LESS DISPOSAL CHARGES. Gross receipts less that part of the monies received by the grantee that are collected from subscribers for payment of the fee imposed for disposing of the solid waste at a landfill disposal facility and the fee imposed for other operations.
(qqq) GROSS RECEIPTS FOR COMMERCIAL FOOD WASTE SERVICES. All monies received by grantee for providing the food waste handling services specified in its franchise agreement.
(rrr) GROSS RECEIPTS FOR COMMERCIAL FOOD WASTE SERVICES LESS PROCESSING COSTS. Gross receipts for commercial food waste services less that part of the monies received by the grantee that are collected from subscribers for payment of the fee imposed for processing of the food waste at an organic waste processing facility.
(sss) HAZARDOUS WASTE. Any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government. The term "hazardous waste" includes, without limitation, any material or substance which is: (i) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (ii) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under §§ 25115, 25117 or 25122.7, or listed pursuant to § 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (iii) defined as a "hazardous substance" under § 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (iv) defined as a "hazardous waste," "hazardous substance," or "hazardous waste" under §§ 25501(j) and (k) and 25501.1 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Wastes Release Response Plans and Inventory); (v) defined as a "hazardous substance" under § 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (vi) "used oil" as defined under § 25250.1 of the
California Health and Safety Code; (vii) asbestos; (viii) listed under Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations; (ix) defined as waste or a hazardous substance pursuant to the Porter-Cologne Act, § 13050 of the California Water Code; (x) designated as a "pollutant" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. Section 1317; (xi) defined as " Hazardous Waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq. (42 U.S.C. § 6903); (xii) defined as a "hazardous substance" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 6901); (xiii) defined as "hazardous waste" pursuant to the Hazardous Wastes Transportation Act 29 U.S.C. §§ 5101, et seq.; or (xiv) defined as such or regulated by any "superfund" or "superlien" law, or any other federal, State or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning hazardous wastes and/or oil wells and/or underground storage tanks and/or pipelines, as now, or at any time hereafter, in effect.
(ttt) HEALTH AND SAFETY PERMIT. A current permit issued by the Department of Public Health, Division of Environmental Health Services to a refuse collection operator, garbage hauler or nondomestic waste hauler (all as defined in § 33.0802 of this Code), in accordance with Title 14 of the Code of Regulations and Title 3 of the County Code. The HEALTH AND SAFETY PERMIT evidences, for a specified period of time, the health and safety inspection and the approval of vehicles, facilities and equipment utilized by a refuse collection operator, garbage hauler or nondomestic waste hauler.
(uuu) HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY. A high diversion organic waste processing facility as defined in 14 CCR § 18982(a)(33). Per SB 1383, the High Diversion Processing facility is a facility that is in compliance with the reporting requirements of 14 CCR § 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and seventy-five percent after January 1, 2025 as calculated pursuant to 14 CCR § 18815.5(e) for organic waste received from the mixed waste.
(vvv) INCOMPATIBLE WASTE OR INCOMPATIBLES. Human-made inert material, including, but not limited to, glass, metal, plastic, and also includes organic waste that the receiving end-user, facility, operation, property, or activity is not designed, permitted, or authorized to perform organic waste recovery activities as defined in 14 CCR § 18983.1(b), or as defined by 14 CCR § 17402(a)(7.5).
(www) LANDFILL DISPOSAL FACILITY. Any County owned/operated facility that is designed to manage any type of solid waste and includes, but is not limited to, disposal, transfer, processing, composting and transformation.
(xxx) LANDFILL DISPOSAL FACILITY FEE. The fee charged for use of a landfill disposal facility.
(yyy) LARGE EVENT. An event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR § 18982(a)(38) differs from this definition, the definition in 14 CCR § 18982(a)(38) shall apply to this Chapter.
(zzz) LARGE VENUE. A permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Chapter, 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 14 CCR, Division 7 Chapter 12 and this Chapter, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR § 18982(a)(39) differs from this definition, the definition in 14 CCR § 18982(a)(39) shall apply to this Chapter.
(aaaa) MATERIALS RECOVERY FACILITY or MRF. A facility designed to remove recyclables and other valuable materials from the waste stream collected through a residential, commercial or industrial solid waste handling program that is approved to operate by the appropriate State and local agencies.
(bbbb) MIXED WASTE. Organic waste collected in a container that is required by 14 CCR §§ 18984.1, 18984.2, or 18984.3 to be taken to a high diversion organic waste processing facility, as defined in 14 CCR § 17402(a)(11.5).
(cccc) MULCH. A layer of material applied on top of soil, and, for the purposes of the franchise agreement, mulch shall conform with the following conditions, or conditions as specified in 14 CCR § 18993.1(f)(4):
(1) Meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR § 17852(a)(24.5)(A)(1) through (3).
(2) Was produced at one or more of the following types of facilities:
(A) A compostable material handling operation or facility as defined in 14 CCR § 17852(a)(12), that is permitted or authorized under Division 7 of Title 14 of the CCR, other than a chipping and grinding operation or facility as defined in 14 CCR § 17852(a)(10);
(B) A transfer/processing facility or transfer/processing operation as defined in 14 CCR § 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR, Division 7, Chapter 12; or,
(C) A solid waste landfill as defined in Public Resources Code § 40195.1 that is permitted under 27 CCR, Division 2.
(dddd) MULTI-FAMILY. Any residential premises, other than a single-family premises, with five or more dwelling units used for residential purposes (regardless of whether residence therein is temporary or permanent, vacant or occupied), that receive centralized, shared, collection service for all units on the premises which are billed to one customer at one address. Customers residing in townhouses, mobile homes, condominiums, or other structures with five or more dwelling units who receive individual service and are billed separately shall not be considered multi-family.
(eeee) MULTI-JURISDICTION LOAD/DETAIL REPORT. A report which sets out the amount, and place of collection, of discarded materials delivered to the landfill disposal system.
(ffff) NON-ORGANIC RECYCLABLES. Non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics, and glass, or as defined in 14 CCR § 18982(a)(43). Non-organic recyclables are a subset of source separated recyclables.
(gggg) ONSITE WASTE ASSESSMENT. An in-person visit by the grantee to a customer to collect and evaluate information on the types and quantities of discarded materials generated by the customer, as well as identify opportunities for additional processing of solid waste.
(hhhh) ORGANIC WASTE. Solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food waste, green waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as defined in 14 CCR § 18982(a)(46). Biosolids and digestate are as defined in 14 CCR § 18982(a)(4) and 14 CCR § 18982(a)(16.5), respectively.
(iiii) ORGANIC WASTE HANDLING SERVICE.
(1) The collection of organic waste from a commercial, residential, construction, or industrial source; and
(2) The transportation of such organic waste to an organic waste processing facility. Organic waste handling services is a subset of solid waste handling services.
(jjjj) ORGANIC WASTE PROCESSING FACILITY. A permitted facility where organic waste are sorted, mulched or separated for the purposes of recycling, reuse or composting.
(kkkk) ORGANIC WASTE PROCESSING FACILITY FEE. The fee charged for use of an organic waste processing facility.
(llll) OTHER OPERATIONS. All operational cost categories that are not included in fuel, service, and landfill disposal; other operations may include, but are not limited to, non-County facilities for transfer, processing, composting and transformation.
(mmmm) PERSON. Without limitation, individuals, associations, clubs, societies, firms, partnerships, joint ventures, sole proprietorships, corporations, limited liability companies, schools, colleges and all governmental agencies and entities.
(nnnn) PROCESSING. The reduction, separation, recovery, conversion or recycling of discarded materials.
(oooo) PROHIBITED CONTAINER CONTAMINANTS. Excluded waste placed in any container.
(1) Option 1, three-container collection service (blue container, green container, and gray/black container): "prohibited container contaminants" means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclables for the County's Blue Container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the County's green container; (iii) discarded materials placed in the gray/black container that are acceptable source separated recyclables and/or source separated green container organic waste to be placed in County's blue container and/or green container; and (iv) excluded waste placed in any container.
(2) (A) Option 2a: Two-container collection service for SSGCOW and mixed waste (green container and gray container) "prohibited container contaminants" means the following: (i) discarded materials placed in the green container that are not identified as acceptable SSGCOW for the County's green container; (ii) discarded materials placed in the gray container that are identified as acceptable SSGCOW, which are to be separately collected in County's green container; and, (iii) excluded waste placed in any container.
(B) Option 2b: Two-container collection service for SSR and mixed waste (blue container and gray container) "prohibited container contaminants" means the following: (i) discarded materials placed in the blue container that are not identified as acceptable SSR for jurisdiction's blue container; (ii) discarded materials placed in the gray container that are identified as acceptable SSR, which are to be separately collected in jurisdiction's blue container; and, (iii) excluded waste placed in any container.
(3) Option 3: One-container collection service "prohibited container contaminants" means excluded waste placed in any container.
(pppp) PUTRESCIBLE WASTE. Wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and includes materials such as, but not limited to food waste, offal, and dead animals; or as defined in 14 CCR § 17402(a)(21).
(qqqq) RECYCLABLE MATERIALS OR RECYCLABLES. For purposes of this Division 6 only, discarded materials which may be sorted, cleansed, treated, processed, and/or reconstituted, and which is segregated for the purpose of reuse or recycling, including, but not limited to, separated paper, glass, cardboard, plastic, ferrous materials or aluminum.
(rrrr) RECYCLE or RECYCLING. The process of collecting, sorting, cleansing, treating, and reconfiguring materials for the purpose of 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 includes processes deemed to constitute a reduction of landfill disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or Transformation as defined in Public Resources Code § 40201.
(ssss) REFUSE COLLECTION AREA. That area of the unincorporated County as provided for in Article 2.1 of Chapter 8 of Division 3 of Title 3 of this Code.
(tttt) RENEWABLE NATURAL GAS (RNG). Gas derived from organic materials that has been diverted from a landfill and processed at an in-vessel digestion facility that is permitted or authorized by 14 CCR to recover organic waste, or as defined in 14 CCR § 18982(a)(62).
(uuuu) RESIDENTIAL. A single-family premises or multi-family premises including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments.
(vvvv) RESIDUAL SOLID WASTE. The solid waste destined for disposal, transformation, or further transfer/processing as defined in 14 CCR §§ 17402 (a)(30) or (31), as it currently exists or may be amended, which remains after processing has taken place.
(wwww) ROLL-OFF. An open-top container with a capacity of seven to 40 cubic yards that is serviced by a roll-off collection vehicle.
(xxxx) 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 Health and Safety Code, and added Chapter 13.1 (commencing with § 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.
(yyyy) SECURITY. A corporate surety bond, a letter of credit or other Security device acceptable to the Division, as described in the franchise agreement and County Code § 46.0904.
(zzzz) SELF-HAUL. The transportation of solid waste, organic waste, or recyclables from any premises by the owner or occupant using his or her own employee(s) and equipment to a facility lawfully allowed to receive solid waste, organic waste, or recyclables in accordance with State and Federal Laws.
(aaaaa) SINGLE-FAMILY. Any detached or attached house or residence designed or used for occupancy by one (1) family, provided that collection service feasibly can be provided to such premises as an independent unit, and the owner or occupant of such independent unit is billed directly for the collection service. Single-family includes townhouses, and each independent unit of duplex, tri-plex, or four-plex residential structures, regardless of whether each unit is separately billed for their specific service level.
(bbbbb) SOLID WASTE. Except as provided in Subdivisions (1), (2), (3) and (4), 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 (subject to salvage and other special handling requirements under applicable law and regulation), 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. Solid waste may include recyclables and organic waste that has been discarded and has not been source separated into the designated container for such source separated material.
(1) SOLID WASTE does not include hazardous waste and does not include low-level radioactive waste regulated under Health and Safety Code §§ 114960 et seq., as it currently exists or may be amended.
(2) SOLID WASTE does not include medical waste (except treated medical waste) which is regulated pursuant to the Medical Waste Management Act under Health and Safety Code §§ 117600 et seq., as it currently exists or may be amended.
(3) SOLID WASTE does not include petroleum or a petroleum product or fraction thereof at reasonably detectable levels, asbestos and, with respect to a particular solid waste facility, any waste or material which a regulatory agency, the facility's solid waste facility permit or County policy, does not allow to be accepted for transfer, processing, composting, transformation or disposal at that facility.
(4) SOLID WASTE does not include items which would be considered recyclables but for the fact that they are personally separated from other solid waste by the generator thereof and are donated or sold to third parties. For purposes of this Division 6, no donation or sale shall be deemed to have occurred in any instance where a generator directly or indirectly pays the third party any sum regardless of form or amount (including without limit as a consulting fee, container rental, broker or other fees or tangible consideration) either: (i) in lieu of being directly charged for collecting, transporting, processing or recycling such item; or (ii) to offset the payment to the generator for the purported sale of such item to the third party. Nor shall the receipt of a discount of, or reduction in, the disposal service rate on unsegregated solid waste containing an item which would be recyclables, if separated, be deemed to be the donation or sale of such an item to a third party.
(ccccc) SOLID WASTE FACILITY. Any facility that is designed to manage any type of solid waste and includes transfer, processing, composting, transformation and disposal facilities.
(ddddd) SOLID WASTE FACILITY FEE. The fee charged for use of a solid waste facility.
(eeeee) SOLID WASTE HANDLING SERVICES. The following: (1) the collection of discarded materials from a commercial, residential, construction or industrial source; (2) the transportation of such discarded materials to a solid waste facility; and (3) the processing, composting, transformation or disposal of such discarded materials at the solid waste facility.
(fffff) SOURCE SEPARATED OR SOURCE SEPARATION. Materials, including commingled Recyclables, 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 of 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 that meet the quality standards necessary to be used in the marketplace, or as defined in 14 CCR § 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/black container waste/mixed waste and other solid waste for the purposes of collection and processing.
(ggggg) SOURCE SEPARATED BLUE CONTAINER ORGANIC WASTE (SSBCOW). Source separated organic waste 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 14 CCR § 18982(a)(43); or as defined by 14 CCR § 17402(a)(18.7). SSBCOW is a subset of organic waste.
(hhhhh) SOURCE SEPARATED BROWN CONTAINER ORGANIC WASTE (SSBRCOW). Source separated food waste that can be placed in a brown container that is specifically intended for the separate collection of food waste by the generator, excluding SSBCOW, carpets, non-compostable paper, and textiles.
(iiiii) SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE (SSGCOW). 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 SSBCOW, carpets, non-compostable paper, and textiles. SSGCOW is a subset of organic waste.
(jjjjj) SOURCE SEPARATED RECYCLABLES (SSR). Source separated non-organic recyclables and SSBCOW.
(kkkkk) STATE. The State of California.
(lllll) SUBSCRIBER. Any person receiving solid waste handling services pursuant to a franchise agreement.
(mmmmm) TOTAL RATE. The inclusive rate schedule attached to each franchise agreement which provides the rates to be paid to grantee by subscribers in consideration of the solid waste handling services provided by grantee under its franchise agreement.
(nnnnn) TRANSFER. The act of transferring discarded materials collected by grantee from grantee's collection vehicles into larger vehicles at a designated transfer facility for transport to other facilities for processing or disposing of such materials. Transfer allows for removal of materials excluded or prohibited from handling at the transfer facility (e.g., removal of hazardous waste).
(ooooo) TRANSFORMATION. The same meaning as set forth in Public Resources Code § 40201, as it may be amended from time to time.
(ppppp) TRANSPORTATION OR TRANSPORT. The act of conveying collected materials from one location to another.
(qqqqq) UNIFORM HANDLING AREAS. A franchise area, or a specified portion of a franchise area, in which uniform handling service has been imposed, as specified in a franchise agreement.
(rrrrr) UNIFORM HANDLING SERVICE. The mandatory subscription to solid waste handling service required of owners of single-family, multi-family, and/or commercial businesses in a uniform handling area.
(sssss) UNINCORPORATED COUNTY. Any community or other area within the County which is outside the boundaries of all incorporated cities and towns.
(ttttt) UNIVERSAL WASTE. Any of the following waste that are conditionally exempt from classification as hazardous wastes pursuant to Title 22 of the California Code of Regulations (22 CCR), § 66261.9: (i) batteries as described in 22 CCR § 66273.2; (ii) thermostats as described in 22 CCR § 66273.4; (iii) lamps as described in 22 CCR § 66273.5; and (iv) cathode rate tube materials as described in 22 CCR § 66273.6.
(uuuuu) VISUAL WASTE AUDIT. An in-person visual inspection of solid waste containers to estimate and document the composition of solid waste placed in each container and identify opportunities for processing and contamination minimization.
(Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022; Am. Ord. 4460, passed - -2023)