The following definitions relate to terms used in this, Title III, Chapter 2:
ALLEY: | Any highway having a roadway not exceeding 25 feet in width which is primarily used for access to the rear or side entrances of abutting property. |
CALIFORNIA CODE OF REGULATIONS or CCR: | The State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). |
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 Cities (and others). |
CITY: | The City of Taft. |
CITY CODE ENFORCEMENT OFFICIAL: | The City manager or his/her Designee(s) who shall be responsible for enforcement of City ordinance(s). Level of responsibility and/or authority shall be prescribed by City Manager. See also County Agency Enforcement Official. |
CITATION or ADMINISTRATIVE CITATION: | Civil citation issued pursuant to Title 1, Chapter 1-3, stating that there has been a violation of one or more provisions of this code and setting the amount of the administrative penalty to be paid by the responsible party. |
CODE or MUNICIPAL CODE or ORDINANCE: | The City of Taft Municipal code, including all uniform codes incorporated by reference. |
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 multifamily 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 ordinance. |
COMMERCIAL EDIBLE FOOD GENERATOR: | Includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this section 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). |
COMMUNITY COMPOSTING: | Any activity that composts Organic Material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). |
COMPLIANCE REVIEW: | A review of records by City to determine compliance with this ordinance. |
COMPOST: | Has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility. |
COMPOSTABLE PLASTICS or COMPOSTABLE PLASTIC: | Plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise specified by 14 CCR Section 18982(a)(18). |
CONTAMINATED or CONTAMINATION (or any variation thereof): | (i) Discarded Materials placed in a Recyclable Materials Container that are not identified as Recyclable Materials; (ii) Discarded Materials placed in the Organic Materials Container that are not identified as Organic Materials; (iii) Discarded Materials placed in the Solid Waste Container that are identified as Recyclable Materials and/or Organic Materials, which are to be separately collected; and/or, (iv) Excluded Waste placed in any Container. |
CONTAINER(S): | A receptacle for temporary storage of Discarded Materials. Containers include, but are not limited to, bins, carts, roll-off boxes, compactors, cans, buckets, bags, or other storage instruments. (See also “One-Container System” and Three-Container System”) |
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). |
COUNTY: | The County of Kern. |
COUNTY AGENCY ENFORCEMENT OFFICIAL: | A County agency enforcement official, designated by the City with responsibility for enforcing the ordinance in conjunction or consultation with City enforcement official. |
DESIGNATED SOURCE SEPARATED ORGANIC WASTE FACILITY: | As defined in 14 CCR Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Material collection stream as defined in 14 CCR Section 17402(a)(18.6) |
DESIGNEE: | An entity that a City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this ordinance and as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. |
DISCARDED MATERIAL: | Recyclable Materials, Organic Materials, and/or Solid Waste, excluding Excluded Waste. |
EDIBLE FOOD: | Food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. |
ENFORCEMENT: | an action of the City to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. |
EXCLUDED WASTE or PROHIBITED 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, or household batteries 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 City or its Designee for collection services. |
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). |
FOOD FACILITY: | Has the same meaning as in Section 113789 of the Health and Safety Code. |
FOOD RECOVERY: | Actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). |
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, 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 ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance. | |
FOOD RECOVERY SERVICE: | A person who 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 ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 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 14 CCR Section 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, pizza boxes, and milk cartons. |
FOOD WASTE: | Food Scraps, Food-Soiled Paper, and Compostable Plastics. |
FRANCHISE AGREEMENT: | The written agreement between City and Franchise Hauler, including all exhibits, and any future amendments thereto. |
FRANCHISE HAULER: | A company organized and operating under the laws of the State and its officers, directors, employees, agents, companies, related-parties, affiliates, subsidiaries, and Subcontractors that has a Franchise Agreement with the City for purposes of the Collection, Recycling, Processing, Composting, and/or Disposal of Discarded Material. |
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). |
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). |
HIGH DIVERSION ORGANIC MATERIALS 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 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Material received from the One-Container System. |
INSPECTION: | A site visit where a City reviews records, Containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Material or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35). |
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 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 ordinance. |
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 ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. 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 ordinance. |
MIXED WASTE: | Solid Waste, and/or Recyclable Material, and/or Organic Materials that is not source-separated and is combined in one Container. |
MULTI-FAMILY RESIDENTIAL DWELLING or MULTI-FAMILY: | Of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. |
NON-COMPOSTAB LE 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). |
NON-LOCAL ENTITY: | The following entities that are not subject to the City’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42): |
(1) Special district(s) located within the boundaries of the City. | |
(2) Federal facilities located within the boundaries of the City. | |
(3) Prison(s) located within the boundaries of the City. | |
(4) Public universities (including community colleges) located within the boundaries of the City. | |
(5) State agencies located within the boundaries of the City. | |
(6) Military installations located within the boundaries of the City. | |
NON-ORGANIC RECYCLABLES: | Non-putrescible and non-hazardous Recyclable Materials including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 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 14 CCR Section 18982(a)(45). |
ONE-CONTAINER SYSTEM: | A collection system in which the generator is not required to source separate Discarded Materials for collection. All Discarded Material is to be combined and placed into one Container. This definition does not apply if the City has converted to a Three-Container System. (See Three-Container System). |
ORGANIC MATERIAL: | Solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, Organic 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 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). In a Three-Container System, “Organic Material” is Source Separated into multiple Containers with: a) Paper Products, printing, and writing paper placed in the Recyclable Materials Container; and, b) food and Organic Material are placed in the Organic Materials Container. |
ORGANIC MATERIALS CONTAINER: | Has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Organic Material. This definition shall be applicable if City has converted to a Three-Container System. |
ORGANIC MATERIALS GENERATOR: | A person or entity that is responsible for the initial creation of Organic Material, or as otherwise defined in 14 CCR Section 18982(a)(48). |
ORGANIC MATERIALS RECOVERY ACTIVITIES: | Or any variation of RECOVERY means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). |
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). |
PERMITTED SELF-HAULER or SELF-HAULER: | A person, who hauls Solid Waste, Organic Material or Recyclable Material he or she has generated to a permitted facility. This includes contractors or builders removing debris, rubbish and trash from construction sites; landscapers, gardeners, or other agricultural debris haulers; industrial waste haulers; or any person applying and obtaining a permit in writing from the director of public works. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Material to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). |
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). |
PROHIBITED CONTAINER CONTAMINANTS (as applied to a THREE-CONTAINER SYSTEM): | (i) Discarded Materials placed in the Recyclable Materials Container that is not identified as acceptable Source Separated Recyclable Materials for the City’s Recyclable Materials Container; (ii) Discarded Materials placed in the Organic Materials Container that is not identified as acceptable Source Separated Organic Material for the City’s Organic Materials Container; (iii) any amount of Source Separated Recyclable Materials and/or Source Separated Organic Materials that are placed into the Solid Waste Container, instead of being placed in their Organic Material Container or Recyclable Material Containers respectively; and, (iv) Excluded Waste placed in any Container. |
RECOVERED ORGANIC MATERIAL PRODUCT PROCUREMENT TARGET: | The amount of Organic Material in the form of a Recovered Organic Material Product which a City is required to procure annually, or as otherwise defined in 14 CCR Section 18982(a)(59). |
RECOVERED ORGANIC MATERIAL PRODUCTS: | Products made from California, landfill-diverted recovered Organic Material processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). |
RECYCLABLE MATERIAL: | Source Separated Recyclable Materials that are considered Organic Material such as Paper Products and Printing and Writing Paper, wood, dry lumber, and textiles or as otherwise defined by Section 17402(a)(18.7).This definition also includes Source Separated Non-Organic Recyclables. |
RECYCLED-CONTENT PAPER: | Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61). |
REMOTE MONITORING: | The use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Recyclable Material Containers, Organic Material Containers, and Solid Waste Containers for purposes of identifying the quantity of materials in Containers (level of fill) and/or presence of Prohibited Container Contaminants. |
RENEWABLE GAS: | Gas derived from Organic Material 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 Material, or as otherwise defined in 14 CCR Section 18982(a)(62). |
RESIDUAL ORGANIC MATERIAL: | Material that remains after Organic Material has been processed which is then sent to landfill disposal, or as otherwise defined in 14 CCR Section 18982(a)(63). |
RESPONSIBLE PARTY: | An individual, association, partnership, political subdivision, government agency, municipality, limited liability company, public or private corporation, firm, organization, joint venture or any other entity whatsoever whose action or actions caused or contributed to violations of codes specified in this chapter. “Responsible party” also includes property owners and lessees. |
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). |
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). |
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. For the purposes of this ordinance, SB 1383 specifically refers to the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. |
SINGLE-FAMILY: | Of, from, or pertaining to any residential premises with fewer than Five (5) units. |
SOLID WASTE: | Solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, §40191 and regulations promulgated hereunder. Excluded from the definition of Solid Waste are Excluded Waste, C&D, Source Separated Recyclable Materials, Source Separated Organic Materials, and radioactive waste. Notwithstanding any provision to the contrary, Solid Waste may include de minimis volumes or concentrations of waste of a type and amount normally found in residential Solid Waste after implementation of programs for the safe Collection, Recycling, treatment, and Disposal of Household Hazardous Waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid Waste includes salvageable materials only when such materials are included for Collection in a Solid Waste Container not Source Separated from Solid Waste at the site of generation. |
SOURCE SEPARATE or variations thereof: | Materials, including commingled Recyclable Materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different Containers for the purpose of collection such that Source Separated materials are separated from Mixed Waste. |
SOURCE SEPARATED ORGANIC MATERIAL: | Source Separated Organic Material that can be placed in an Organic Container, under the Three Container System, that is specifically intended for the separate collection of Organic Material by the generator, excluding Source Separated Recyclable Materials Container Organic Material, carpets, Non-Compostable Paper, and textiles. |
SOURCE SEPARATED RECYCLABLE MATERIAL: | Source Separated Recyclable Materials that are considered Organic Material such as Paper Products and Printing and Writing Paper, wood, dry lumber, and textiles or as otherwise defined by Section 17402(a)(18.7).This definition also includes Source Separated Non-Organic Recyclables. |
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). |
THREE-CONTAINER SYSTEM: | A collection system in which generators are required to source separate Discarded Materials into three streams: Solid Waste, Source Separated Recyclable Materials and Source Separated Organic Materials for placement in Containers specifically designated for those materials. |
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 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 ordinance. | |
TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR: | A Commercial Edible Food Generator that is one of the following: |
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. | |
(2) Hotel with an on-site Food Facility and 200 or more rooms. | |
(3) Health facility with an on-site Food Facility and 100 or more beds. | |
(4) Large venue. | |
(5) Large event. | |
(6) A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. | |
(7) A local education agency facility with an on-site Food Facility. | |
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 ordinance. | |
WAIVER HOLDER: | If the City establishes a Three-Container System, Commercial Businesses may apply for waivers where practical difficulties with respect to any particular premises or where unnecessary hardship will be caused by complying with this Chapter. Under these circumstances, the City Manager or his/her Designee may issue special written permits (waivers) authorizing variations from the provisions of this Chapter. Special written permits include de minimis waivers and physical space waivers. |
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. 837, 8-18-2020) |