For the purposes of this Chapter, unless otherwise apparent from the context, certain words and phrases used in this Chapter are defined as follows.
A. "ADC" or "Alternative Daily Cover'' means cover material used to cover compacted Solid Waste in a disposal site, other than at least six (6) inches of earthen material, placed on the surface of the active face of the Solid Waste fill area at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging, as defined in Section 20164 of the California Code of Regulations as may be amended from time to time.
B. "Applicant" means any individual, firm, Limited Liability Company, association partnership, political subdivision, government agency, municipality, industry public or private corporation, or any other entity whatsoever who applies, or is required to apply, to the City for permit(s) to undertake a construction, demolition, or renovation project within the city.
C. "Bin" or "Bins" means those 2, 3, 4, and 6 cubic yard containers provided by franchised hauler for the collection of Solid Waste.
D. "Bulky waste" means large and small household appliances, furniture, carpets, mattresses, white goods, brown goods, clothing, automobile tires, and oversized yard waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length and similar large items, or any other solid waste item requiring special handling, discarded by residential customers. Bulky waste is a form of Solid Waste when discarded by the generator into the waste stream. The term "Bulky waste" does not include consumer electronics, such as televisions, radios, computers, monitors, and the like, which are regarded as universal waste electronic devices, the disposal of which is governed by regulation of the Department of Toxic Substances Control.
E. "Byproducts" means and includes:
1. All materials produced, developed or generated incidental to the operation of any business, which is not the principal object of production of such business, but which material, due to its nature,can be sold by the producer thereof at a price greater than the cost of hauling such material to the point of delivery or sale;
2. All material which, due to its nature, can be sold by the producer thereof, at the point of production, for valuable consideration; and
3. All such material as the City Manager designates as byproducts.
F. "City" means the City of San Bernardino.
G. "City Manager" means the City Manager of the City of San Bernardino, or his/her designee, including City employees or entities hired by the City to implement the requirements of this Ordinance.
H. "City Project Construction & Demolition (C&D) Waste Policy" means the City's standards for recycling C&D Waste from landfills for City Contracted projects, set forth in a resolution of the Mayor and Common Council.
I. "Commercial" means premises in the City, other than residential and City premises, where Solid Waste is generated or accumulated. The term "Commercial"" includes, but is not limited to, stores; offices; restaurants; rooming houses; hotels; motels; industrial and manufacturing, processing, or assembly shops or plants; hospitals, clinics, convalescent centers and nursing homes (non-medical waste).
J. "Commercial facility" means all retail, professional, office, wholesale and industrial facilities, and other commercial enterprises offering goods or services and multi- family dwelling units located within the boundaries of the City.
K. "Commercial generator'' means a commercial facility or business which generates Garbage, Organic Waste or Recyclable Materials as a result of its business, commercial facility or property activity. Commercial generator also means any multi-family residential property of four {4) or more units and multi- family residential properties under four (4) units that share Solid Waste collection services. Commercial generator may also include tenants, property managers for facilities with leased space, employees and contractors of commercial generator. Commercial generator also includes the City, its facilities, and its non-residential properties.
L. "Construction" means the act of assembly, erection, demolition, addition, alteration or remodel, and similar and related activities, of any facility, structure, improvement, or any portion thereof or appurtenance thereto.
M. "Construction contractor'' means any state licensed construction contractor performing construction at a job site. Construction contractor includes the general contractor and any subcontractors at the site. A person or company employed, whether for a fee or otherwise, to haul Recyclable Materials and C&D Waste generated by a Construction contractor is not a Construction contractor for purposes of this chapter.
N. "Construction and demolition debris" or "C&D Waste" or "C&D" means commonly used or discarded materials removed from construction, remodeling, repair, demolition, or renovation operations on any pavement, house, commercial building, or other structure, or from landscaping. Such materials include, but are not limited to, Byproducts, dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastics, roofing material, cardboard, carpeting, cinder blocks, concrete, copper, electrical wire, fiberglass, formica, granite, iron, lead, linoleum, marble, plaster, plant debris, pressboard, porcelain, steel, stucco, tile, vinyl, wood, masonry, rocks, trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavement, houses, commercial buildings and other structures. Construction and demolition debris does not include exempt waste.
O. "Construction and Demolition (C&D) Diversion Requirement" means the minimum percentage of C&D for each Project to be diverted from landfills, as set forth in a resolution of the Mayor and Common Council.
P. "Construction and Demolition (C&D) Waste Recycling and Disposal Report Summary" means a form submitted by the applicant or any Covered Project after completion of a Project. The documentation shall include actual data of tonnage of materials recycled and diverted, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, contractors and/or landfill and disposal companies.
Q. "County Health Officer" means the San Bernardino County Health Department's designee who serves to advise and lead a team of professionals on matters of public health importance.
R. "Covered Project" means any Project that meets or exceeds the Covered Project threshold set forth by resolution of the Mayor and Common Council.
S. "Container" means any heavy plastic or galvanized metal box, can, cart, barrel, bin, hopper, roll off, compactor or similar type container used for the accumulation of Garbage, Recyclable Materials, Organic Waste, or C&D.
T. "Customer" means the owner and/or occupant of any property within the City that is required to participate in the City's Solid Waste collection programs.
U. "Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.
V. "Divert" or "Diversion" means a reduction of the amount of waste being disposed in landfills by any of the following methods.
1. On-site re-use of the materials/waste.
2. Delivery of the waste from the site to a Recycling Facility.
3. Other methods as approved by the City Manager.
W. "Dump" means to throw or deposit litter and other solid waste items in or upon any street, sidewalk or other place within the City, except the placement of litter and other solid waste items in proper containers for collection.
Y. "E-waste" means any electronic product nearing the end of its useful life and includes, but is not limited to computers and their components, televisions, VCRs, stereos, copiers, and fax machines.
Z. "Exempt waste" means hazardous waste, sludge, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, and those wastes under the control of the Nuclear Regulatory Commission.
AA. "Food waste" means food scraps and trimmings from food preparation, including but not limited to: meat, fish and dairy waste, fruit and vegetable waste, grain waste, incidental food packaging and incidental food soiled paper products.
BB. "Franchised hauler" means a hauler holding a franchise, contract, license or permit issued by the City which authorizes the exclusive or non-exclusive right to provide Solid Waste handling services within all or part of the jurisdictional boundaries of the City.
CC. "Garbage" means all Solid Waste that is not otherwise Recyclable Material or Organic Waste and to normal activities of a solid waste generator. Garbage must be generated by and at the premises wherein the Garbage is collected. Garbage does not include Recyclable Materials, Organic Waste, construction and demolition debris, bulky waste, E-waste, universal waste, hazardous waste, household hazardous waste or exempt waste.
DD. "Generator" means any commercial generator or residential generator of Solid Waste.
EE. "Hazardous waste" means any material which is defined as a hazardous waste under California or United States law or any regulations promulgated pursuant to such law, as such as local, state or federal law or regulations may be amended from time to time.
FF. "Hearing Officer" shall mean any individual appointed by the City Manager of the City of San Bernardino, or his/her designee, to hear the appeal on a determination of a nuisance.
GG. "Household hazardous waste" means dry cell household batteries, cell phones and PDAs; used motor oil; used oil filters when contained in a sealed plastic bag; cooking oil; compact fluorescent light bulbs contained in a sealed plastic bag; E-Waste; cleaning products, pesticides, herbicides, insecticides, painting supplies, automotive products, solvents, strips, and adhesives; auto batteries; and universal waste.
HH. "Job Site" means a location at which Solid Waste and C&D Waste are generated by a Construction contractor.
II. "Occupant" means and includes every owner of and every tenant or person who is in possession of, is the inhabitant of, or has care and control of, a residence or commercial building. For the purpose of this definition, a residence or commercial building shall be presumed to be inhabited if gas, electric, telephone and water utility service is being furnished thereto.
JJ. "Occupied premises" are occupied when a person or persons take or hold possession of the premises for permanent or temporary use. For the purposes of determining whether a premise is occupied during periods when Solid Waste collection service is made available to such premises, occupancy shall be presumed unless evidence is presented that electric services were not being provided to the premises during such periods.
KK. "Organic Waste" means Organic Waste and food waste. Organic Waste is a form of Solid Waste when discarded into the waste stream. Organic Waste includes, but is not limited to the following:
1. Plant material (branches, grass clippings, natural Christmas trees, palm fronds, leaves, shrubbery, tree trimmings, weeds);
2. Wood (non-toxic wood products without paint and foreign objects of appropriate size for the container);
3. Food waste (cooked and uncooked food matter, incidental food packaging and incidental food soiled paper products for commercial customers); and
4. Byproducts.
LL. "Person" includes any natural person, individual, firm, Limited Liability Company, partnership, public or Private Corporation or association or any other entity whatsoever.
MM. "Project" means any activity that requires an application for a building or demolition permit from the City.
NN. "Residence" or "Residential" means any and all dwelling units, as defined in the Land Use Zoning Ordinance of the City of San Bernardino, and other buildings used for residential or dwelling purposes.
OO. "Residential generator" means an owner, tenant or resident of any residential property which generates Garbage,Organic Waste or Recyclable Materials as a result of occupancy or property activity, including all generators not otherwise meeting the definition of commercial generator.
PP. "Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting divertible Solid Waste and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the market place. Recycling does not include transformation as defined in Public Resources Code § 40201.
QQ. "Recyclable C&D" means all C&D Waste that is used within any of the following categories:
1. Masonry building materials including but not limited to, asphalt, concrete, rock, stone, and brick.
2. Wood materials including any and all dimensional lumber, fencing, or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated, or painted.
3. Vegetable materials including trees, tree parts, shrubs, stumps, logs, brush, or any other type of plants that are cleared from a site as part of the Project.
4. Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames, and fences.
5. Roofing materials including wood shingles as well as asphalt, stone, and slate based roofing material.
6. Salvageable materials includes all salvageable materials and structures including, but not limited to wallboard, doors, windows, fixtures, toilets, sinks, bath tubs, and appliances.
7. Any other C&D Waste that is non-hazardous and available for Recycling or reuse.
RR. "Recyclable Materials" are a part of the waste stream that can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of AB 939. Recyclable Materials includes, but is not limited to the following:
1. Plastics (all numbered plastics);
2. Metals (aluminum cans, aluminum foil, empty aerosol cans, pie tins, tin cans);
3. Fiber materials (cardboard, cereal boxes, envelopes, file folders, frozen food boxes, junk mail, magazines, mixed paper, office paper, newspaper, telephone books, white paper);
4. Glass (all colors of glass jars and bottles, except light bulbs, mirror and window glass); and
5. Byproducts.
SS. "Recycling Facility" means a recycling, composting, materials recovery, or reuse facility that has obtained all applicable federal, state, and local licensing, certification, and permitting and that is operating in full compliance with all applicable regulations. The City Manager shall maintain a list of approved facilities for reference by the Applicant. The Applicant may use an unlisted facility of their choice if the Applicant, prior to beginning a Project, provides documentation demonstrating that the unlisted facility qualifies as a Recycling Facility under this definition.
TT. "Renovation" means any change, addition, or modification in an existing structure.
UU. "Responsible party" means the individual or entity responsible for the generator's management of Solid Waste at the generator's commercial facility, business, or nonresidential property.
VV. "Roll-off' means a metal container that is normally loaded onto a motor vehicle and transported to an appropriate facility.
WW. "Salvage" means the controlled removal of C&D Waste from a Project site for the purpose of recycling, reuse or storage for later recycling or reuse.
XX. "Security Deposit" means the cash or cash equivalent deposit required as security for all Covered Projects. The amount of the Security Deposit shall be set forth in a resolution of the Mayor and Common Council.
YY. "Self-haul" means when a responsible party collects Recyclable Materials and/ or Organic Waste materials at their place of business for the purpose of hauling those materials in their own vehicles to a permitted recycling or Organic Waste processing facility in compliance with the requirements of this Ordinance.
ZZ. "Seller" means any person, business, corporation, partnership or any other business entity that engages in the sale and/or exchange of new and/or used tires as a regular part of their business, including but not limited to wholesale and retail tire dealers, automotive service centers, automotive repair centers, new and used automotive dealers, new and used automotive parts vendors and automotive dismantlers.
AAA. "Sharps" means needles, scalpels, blades, broken medical glass, broken capillary tubes, and ends of dental wires.
BBB. "Sludge" means the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar disposal appurtenances or any other such waste having similar characteristics or effects.
CCC. "Special Services" means any Solid Waste or Solid Waste related services that are not provided in the City's normal course of Solid Waste related services including but not limited to pick-up service for bulky waste, container repair, container exchange and/or replacement, roll-out service and additional unscheduled collection.
DDD. "Solid Waste" means and includes any materials defined as Solid Waste by Section 40191of the California Public Resources Code, and specifically includes, without limitation, C&D Waste, Recyclable Materials, Organic Waste, bulky waste, byproducts, and all other non-hazardous materials, excluding universal waste, that are discarded into the waste stream by the generator, or collected in exchange for a fee or any other consideration, regardless of form or amount.
EEE. "Solid Waste collection services" means the collection, transportation, processing, recycling, composting, conversion, retention and disposal of all Garbage, Organic Waste, (including commercial Organic Waste, food waste, and Organic Waste), Recyclable Materials, construction and demolition debris, bulky waste, household hazardous waste, and universal waste, produced, generated and/or accumulated within the City.
FFF. "Tenant" means any person or persons, other than the owner, occupying or in possession of a premises.
GGG. "Universal waste" means and includes, but is not limited to, Universal Waste Electronic Devices" or "UWEDs," (i.e., electronic devices subject to the regulation of the Department of Toxic Substances Control, 23 CCR §§ 66273.1, et seq.), and other universal wastes, including, but not limited to non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury- containing switches.
(Ord. MC-1431, 11-10-16)