For the purpose of this chapter certain words and terms are defined as follows:
Types of waste:
A. "Bulky wastes" means and includes large items of solid waste such as appliances, furniture, large auto parts, trees, large branches, stumps, asphalt, concrete, large rock, and other oversize wastes of large size which precludes or complicates handling by normal collection or disposal methods.
B. "Commercial solid wastes" means and includes refuse generated by stores, offices, and other commercial sources, excluding wastes from residential single-family and multi-family with less than 4 units, and industrial wastes.
C. "Construction and demolition wastes" means and includes the waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavements and structures.
D. "Edible Food" means unsold or unserved food that is fit for human consumption, even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.
E. "Food Recovery" means actions to collect and distribute food for human consumption which otherwise would be disposed.
F. "Food Recovery Organization" means an entity that primarily engages in the collection or receipt of excess edible food generators and distributes that edible food to the public for consumption, including, but not limited to:
1. A food bank as defined in the Section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code;
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
G. "Food Recovery Service" means a person or entity that collects and transports edible food from an edible food generator to a food recovery organization or other entities for food recovery.
H. "Garbage" includes:
1. All kitchen and table food waste and animal, fruit or vegetable waste that attends or results from the storage, sale, preparation, cooking or handling of food stuffs;
2. Uncleaned containers originally used for foodstuffs;
3. Consists of every accumulation of animal, vegetable, and other matter that attends the sale, preparation, consumption, dealing in or storage of meats, fish, fowl, birds, fruits or vegetables;
4. All other abandoned putrescible organic matter.
5. The term garbage does not include dishwater or wastewater.
6. The term garbage does not include dead animals, medical waste, hazardous waste, or household hazardous waste which the city will not collect with its regular service.
I. "Hazardous wastes" is defined as any waste with properties that make it potentially dangerous or harmful to human health or the environment. Hazardous wastes can be liquids, solids, or contained gases, and can exhibit the properties of being ignitable, corrosive, toxic or reactive to other chemicals or substances. They can be the by-products of manufacturing processes, discarded used materials such as used oil, or discarded unused products, such as paint, cleaning fluids (solvents) or pesticides. Also includes any substance contaminated with hazardous waste, such as contaminated soil or dirt. Hazardous wastes are not collected or accepted by City and must be disposed of at a properly licensed disposal facility.
J. "Household hazardous waste" means leftover household products that contain corrosive, toxic, ignitable or reactive ingredients and includes products such as paints, cleaners, oils, batteries and pesticides that contain potentially hazardous ingredients. Improper disposal of these wastes can pollute the environment and pose a health threat. Household hazardous waste may not be disposed of by pouring them down the drain, on the ground, or into the storm sewers or by putting them in the trash. Household hazardous waste may be disposed of properly by taking it to the Household Hazardous Waste collection center during normal operating hours.
K. "Industrial wastes" means and includes all types of solid wastes that result from industrial processes and manufacturing operations. Industrial wastes do not include wastes discharged to the sanitary sewer system.
L. "Infectious waste" is defined as refuse capable of causing infectious disease; items contaminated with blood, saliva, or other body substances, or those actually or potentially infected with pathogenic material.
M. "Medical waste" is defined as "any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals." This definition includes, but is not limited to:
1. blood-soaked bandages
2. culture dishes and other glassware
3. discarded surgical gloves
4. discarded surgical instruments
5. discarded needles used to give shots or draw blood (e.g., medical sharps)
6. cultures, stocks, swabs used to inoculate cultures
7. removed body organs (e.g., tonsils, appendices, limbs)
8. discarded lancets
N. "Oils" are defined as any mineral, vegetable, or synthetic substance or animal or vegetable fats that are generally slippery, combustible, viscous, liquid or liquefiable at room temperatures, soluble in various organic solvents such as ether but not in water. Common oils include but are not limited to:
1. Petroleum or a petroleum derivative, such as engine oil or lubricants
2. Oil based paints
3. Cooking oil or fat
4. Fuels such as gasoline or diesel fuel
O. "Organic waste" means all organic putrescible materials including food, leaves, grass, landscaping prunings, trimmings, branches, stumps, compostable paper including food-soiled paper or cardboard products and other compostable paper. Organic wastes are included within the definitions for garbage and refuse as outlined in this section.
P. "Putrescible wastes" means and includes 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 include materials such as food wastes and offal.
Q. "Recyclable wastes" means residential, commercial or industrial solid waste, which includes but is not limited to clean CRV redeemable cans and containers, clean recyclable plastics, paper and cardboard and other such materials that are determined by the Director to be recyclable and are not soiled or deteriorated. Recyclable wastes do not include treated or painted wood or other materials that are coated with a toxic or non-compostable substance. Recyclable wastes are included within the definitions for garbage, refuse and rubble, as outlined in this section.
R. "Refuse" includes organic and inorganic waste, recyclable waste and all other general material waste streams acceptable for collection except rubble (defined below). Refuse does not include Hazardous waste, household hazardous waste, or other non-acceptable material.
S. "Residential wastes" means and includes all types of domestic refuse which originate in dwelling units.
T. "Rubbish" means all organic or inorganic materials, not defined herein as garbage or rubble, which are rejected, abandoned or discarded by the owners or producers thereof, as offensive or useless or no longer desired by such owners or producers. These materials include, but are not limited to, corrugated cardboard, paper, wood, rags, used clothing, discarded or abandoned bedding, discarded or abandoned carpets, discarded or abandoned oil cloth and linoleum, sweepings, cuttings, or cleanings from buildings, yards, lawns or gardens, bottles, tin cans or containers which have no food residue, broken crockery and glassware, old metal, wire packing or wrapping materials, ashes, trimmings from lawns, shrubs, plants or trees, rope, twine, jute, bagging or burlap.
U. "Rubble" means rocks, concrete, bricks and similar solid material; plaster, dirt and similar abandoned or discarded inorganic, noncombustible, non-putrescible materials; building construction or demolition waste materials; sod.
V. "Sod" is defined as soil with some type of grass or plant growing in it, cut or dug up from the ground.
W. "Soil or dirt" is defined as the upper layer of earth in which plants grow, a black or dark brown material typically consisting of a mixture of organic remains, clay, and rock particles; dirt is loose soil.
X. "Solid waste" means any waste stream that is not in a completely liquid or gaseous state. Solid waste can contain some liquid, but cannot be in a state where the material may leak or run out of the container it is put in. Residential food waste should be drained of as much liquid as possible before disposing in a container.
Y. "Tier One commercial edible food generator" means a commercial edible food generator that is one of the following:
1. Supermarket, meaning a full-line, self-service retail store with gross annual sales of two million dollars or more, and which sells dry grocery, canned goods, or nonfood items and some perishable items.
2. Grocery Store, with a total facility size equal to or greater than 7,500 square feet. The term "Grocery Store" means 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.
3. Food Service Provider, meaning 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.
4. Food Distributor, meaning a company that distributes food to entities including but not limited to, supermarkets and grocery stores.
5. Wholesale Food Vendor, meaning a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, or prepared for distribution, to a retailer, warehouse, distributor, or other destination.
Z. "Tier two commercial edible food generator" means 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 onsite food facility and 200 or more rooms.
3. Health facility with an on-site food facility and 100 or more beds.
4. Large Venue, meaning 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. 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. 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.
5. Large Event, meaning 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.
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 with an on-site food facility. The term "Local Education Agency" means 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.
AA. "Trash" means organic and inorganic refuse that cannot be recycled, composted, or otherwise reprocessed for beneficial use.
All other definitions:
BB. "Automated lift container" means a container with a hinged lid that is designed to be lifted, dumped, and returned by refuse collection vehicles that have a mechanical lifting device.
CC. "Authorized containers": The term refers to the types of containers provided by the City that are authorized to be used for refuse collection within the City. Authorized containers are 96 gallon or smaller automated lift containers provided by the city for residential refuse collection. The Director must authorize in writing the use of any other type container for residential refuse collection. Refuse set out for collection in any unauthorized or unapproved containers will not be serviced until the refuse is placed in an authorized container for collection.
DD. "Bin" or "automated lift bin" means a metal or composite material 1 to 10 cubic yard container supplied by the city for a rental fee, approved by the Director for the deposit of refuse (loose or compacted) which shall:
1. Have a close-fitting cover for each compartment;
2. Be leak-proof if carrying wet wastes;
3. Be free of sharp, rough, or jagged surfaces or edges likely to cause injury;
4. Uses casters or other means for easy movement (for bins up to four cubic yards in size);
5. Be designed in a manner to be emptied mechanically.
EE. "Bundle" means a package containing rubbish only (no liquids), not exceeding four feet in its longest dimension, two feet in diameter nor twenty-five (25) pounds in weight, securely tied with cord or rope of sufficient strength to permit lifting and carrying of the full weight thereof without spillage including, but not limited to, the following:
1. Tree limbs;
2. Brush and prunings;
3. Magazines and newspapers.
FF. "Cart" see "automated refuse containers" above.
GG. "City" means the City of Visalia, California.
HH. "City council" means the city council of the City of Visalia.
II. "City manager" means the city manager of the City of Visalia or the manager's authorized deputy, agent, or representative.
JJ. "Commercial Generator" means any commercial or industrial property that generates solid waste, or multi-family dwelling of 5 or more units.
KK. "Container" see "automated lift container" above.
LL. "County" means the County of Tulare, California.
MM. "Customer" means the person in whose name an account for solid waste service is established.
NN. "Delinquent balance" means fees which are not paid in accordance with the schedule established by the director as required by Section 4044(F). At the time the fees become delinquent, they shall constitute an unrecorded lien against the property.
OO. "Director" or "Public Works Director" means the director(s) of the department(s) responsible for carrying out the provisions of this chapter, the City of Visalia Public Works Department.
PP. "Dwelling unit" means a building or portion of a building arranged, intended or designed to be occupied by not more than one family and having facilities for sleeping, eating, cooking and sanitary purposes.
QQ. "Franchised permittee" means a permitted entity that provides roll-off box service for the removal of construction and demolition material, yard waste, or recyclable material within the City of Visalia and is subject to the provisions of Section 130 of this Chapter.
RR. "Lien" means the delinquent balance of billed fees which may be recorded or unrecorded.
SS. "May" is permissive.
TT. "Multiple family dwelling" means a dwelling complex, such as a duplex or apartment, consisting of more than one dwelling unit.
UU. "Nuisance" means anything which is injurious to health or is offensive to the senses or an obstruction to the free use of property so as to interfere with a person's comfort or enjoyment of life or property, or which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
VV. "Overfull" means filled to a level in excess of the designed capacity. A container shall be deemed overfull when the material therein extends above the lip of the container and/or the lid of the container is unable to close fully.
WW. "Person" means any individual, partnership, corporation, association, or any other entity that owns, controls or occupies any property within the city.
XX. "Property" means each individual residential, commercial or industrial establishment or dwelling unit, as defined by property lines.
YY. "Roll-off box" means a large (10 cubic yards to 40 cubic yards) metal container approved by the Director for the deposit of refuse or rubble which shall:
1. Be leak-proof if carrying wet wastes;
2. Be free of sharp, rough, or jagged surfaces or edges likely to cause injury;
3. Have the ability to be covered with a tarpaulin, lid, or other suitable covering;
4. Be compatible to be safely lifted onto city roll-off trucks.
ZZ. "Shall" is mandatory.
AAA. “Standard containers.” See "authorized containers."
BBB. "Temporary service" means limited-term service for bins and roll-off boxes which may be requested for a period not to exceed 30 days in any 12-month period, unless authorized by the Director or his or her designee, and except for construction sites or work requiring a permit where temporary service may be required for longer periods of time or where longer terms are authorized in writing by the Director.
(Ord. 2022-07, 2022; Ord. 2018-03, 2018; prior code § 4032)