For the purposes of this chapter, certain words and terms are defined as follows.
BLUE CONTAINER. Has the same meaning as 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.
CALRECYCLE. California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations.
CALIFORNIA CODE OF REGULATIONS or CCR. The state of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
C&D. Abbreviation for construction or demolition debris.
CITY. The City of Tulare, a California Municipal Corporation and charter city, in Tulare, California.
CITY ENFORCEMENT OFFICIAL. The City Manager or their authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.
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 § 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.
COMMERCIAL EDIBLE FOOD GENERATOR. A tier one or a tier two commercial edible food generator as defined in this section or as otherwise defined in 14 CCR § 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 § 18982(a)(7).
COMPLIANCE REVIEW. A review of records by the city to determine compliance with this chapter.
COMMUNITY COMPOSTING. Any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR § 17855(a)(4); or, as otherwise defined by 14 CCR § 18982(a)(8).
COMPOST. The same meaning as in 14 CCR § 17896.2(a)(4), which stated, as of the effective date of this chapter, that COMPOST means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
COMPOSTABLE PLASTICS or COMPOSTABLE PLASTIC. The plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR §§ 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
CONTAINER CONTAMINATION or CONTAMINATED CONTAINER. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR § 18982(a)(55).
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 an annual average source separated organic content recovery rate of 50% between January 1, 2022, and December 31, 2024, and 75% on and 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 division (1) of this definition 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.
(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 the 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 the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR §§ 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).
DESIGNEE. An entity that jurisdiction contracts with or otherwise arranges to carry out any of the jurisdiction'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.
EDIBLE FOOD. Food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a)(18). For the purposes of this chapter 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 Cal. Retail Food Code.
ENFORCEMENT ACTION. An action of the city to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
EXCLUDED WASTE. Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably
believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in city's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city 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 Cal. Public Resources Code §§ 41500 and 41802.
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 § 18982(a)(22).
FOOD FACILITY. The same meaning as in Cal. Health and Safety Code § 113789.
FOOD RECOVERY. Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 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 or as otherwise defined in 14 CCR § 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Cal. Health and Safety Code § 113783;
(2) A nonprofit charitable organization as defined in Cal. Health and Safety Code § 113841; and
(3) A nonprofit charitable temporary food facility as defined in Cal. Health and Safety Code § 113842.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR § 18982(a)(7).
If the definition in 14 CCR § 18982(a)(25) for FOOD RECOVERY ORGANIZATION differs from this definition, the definition in 14 CCR § 18982(a)(25) shall apply to this chapter.
FOOD RECOVERY SERVICE. A person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR § 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR § 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 § 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.
GRAY CONTAINER or BROWN CONTAINER. The same meaning as in 14 CCR § 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste.
GRAY CONTAINER WASTE. Solid waste that is collected in a gray container that is part of a three-container collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR § 18984.1 (a) and (b), or as otherwise defined in 14 CCR § 17402(a)(6.5).
GREEN CONTAINER. The same meaning as in 14 CCR § 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.
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 § 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 § 18982(a)(31.5).
HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY. 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 50% between January 1, 2022, and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to 14 CCR § 18815.5(e) for organic waste received from the mixed waste organic collection stream as defined in 14 CCR § 17402(a)(11.5); or, as otherwise defined in 14 CCR § 18982(a)(33).
INSPECTION. A site visit where a city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR § 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 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.
LARGE VENUE. A permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a VENUE FACILITY includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall,
amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR § 18982(a)(39) differs from this definition, the definition in 14 CCR § 18982(a)(39) shall apply to this chapter.
LOCAL EDUCATION AGENCY. A school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR § 18982(a)(40).
MIXED WASTE ORGANIC COLLECTION STREAM or 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 or as otherwise defined in 14 CCR § 17402(a)(11.5).
MULTI-FAMILY RESIDENTIAL DWELLING or MULTI-FAMILY. From, or pertaining to residential premises with five or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
NON-COMPOSTABLE PAPER. Includes but is not limited to paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 CCR § 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 § 18982(a)(42):
(1) Federal facilities located within the boundaries of the city, including but not limited to United States Postal Service, Immigration and Customs Enforcement, and Federal Bureau of Investigations.
(2) County fairgrounds located within the boundaries of the city, including Tulare County Fairgrounds owned by State of California.
(3) Reserved.
(4) Local school districts within the boundaries of the city, including but not limited to Tulare City School District and Tulare Joint Union High School District.
(5) Public universities located within the boundaries of the city, including but not limited to the College of the Sequoias.
(6) State agencies located within the boundaries of the city, including but not limited to Department of Vehicles, California Highway Patrol, and California Department of Transportation.
NON-ORGANIC RECYCLABLES. Non-putrescible and nonhazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR § 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 § 18982(a)(45) or further explained in 14 CCR § 18995.4.
ORGANIC WASTE. Solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR § 18982(a)(46). Biosolids and digestate are as defined by 14 CCR § 18982(a).
ORGANIC WASTE GENERATOR. A person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR § 18982(a)(48).
PAPER PRODUCTS. Products that 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 § 18982(a)(51).
PRINTING AND WRITER PAPERS. Products that 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 § 18982(a)(54).
PROHIBITED CONTAINER CONTAMINANTS. Defined as the following:
(1) Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container;
(2) Discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container;
(3) Discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in city's green container and/or blue container; and
(4) Excluded waste placed in any container.
RECOVERED ORGANIC WASTE PRODUCTS. Products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR § 18982(a)(60).
RECYCLED-CONTENT PAPER. Paper products, and printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR § 18982(a)(61).
RECOVERY. Any activity or process described in 14 CCR § 18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49).
REGIONAL AGENCY. Regional agency as defined in Cal. Public Resources Code § 40181.
REMOTE MONITORING. The use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
RENEWABLE GAS. Gas derived from organic waste that has been diverted from a California landfill and process at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR § 18982(a)(62).
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 § 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 § 18982(a)(65).
SB 1383. Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added §§ 39730.5, 39730.6, 39730.7, and 39730.8 to the Cal. Health and Safety Code, and added Chapter 13.1 (commencing with § 42652) to Part 3 of Division 30 of the Cal. Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
SB 1383 REGULATIONS or SB 1383 REGULATORY. Refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
SELF-HAULER. A person who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR § 18982(a)(66). BACK-HAUL means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR § 18982(a)(66)(A). Self-haulers must also meet one of the exceptions from the requirements of § 8.12.020.
SINGLE-FAMILY. From, or pertaining to any residential premises with fewer than five units.
SOLID WASTE. Has the same meaning as defined in Cal. Public Resources Code § 40191, which defines SOLID WASTE as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that SOLID WASTE does not include any of the following wastes:
(1) Hazardous waste, as defined in the Cal. Public Resources Code § 40141.
(2) Radioactive waste regulated pursuant to the Cal. Radiation Control Law (Chapter 8 (commencing with § 114960) of Part 9 of Division 104 of the Cal. Health and Safety Code).
(3) Medical waste regulated pursuant to the Cal. Medical Waste Management Act (Part 14 (commencing with § 117600) of Division 104 of the Cal. Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Cal. Public Resources Code § 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the Cal. Public Resources Code.
SOURCE SEPARATED. Materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR § 17402.5(b)(4). For the purposes of this chapter, SOURCE SEPARATED shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste/mixed waste or other solid waste for the purposes of collection and processing.
SOURCE SEPARATED BLUE CONTAINER ORGANIC WASTE. Source separated organic waste that can be placed in a blue container that is limited to the collection of those organic waste and non-organic recyclables as defined in 14 CCR § 18982(a)(43), or as otherwise defined by 14 CCR § 17402(a)(18.7).
SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE. Source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.
SOURCE SEPARATED RECYCLABLE MATERIALS. Source separated non-organic recyclables and source separated blue container organic waste.
STATE. The State of California.
SUPERMARKET. A full-line, self-service retail store with gross annual sales of $2,000,000, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR § 18982(a)(71).
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 § 18982(a)(73) of TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR differs from this definition, the definition in 14 CCR § 18982(a)(73) shall apply to this chapter.
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 § 18982(a)(74) of TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR differs from this definition, the definition in 14 CCR § 18982(a)(74) shall apply to this chapter.
UNCONTAINERIZED GREEN WASTE AND YARD WASTE COLLECTION SERVICE or UNCONTAINERIZED SERVICE. A collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR § 189852(a)(75).
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 § 189852(a)(76).
(Ord. 2022-07, passed 6-7-2022)