As used in this Chapter, the following words and phrases shall be defined as follows:
(a) "AB 341" means the California Jobs and Recycling Act of 2011 (Chapter 476, Statutes of 2011 [Chesbro, AB 341]), also commonly referred to as "AB 341", as amended and supplemented, superseded, and replaced from time to time.
(b) "AB 1826" means 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30 of the California Public Resources Code), also commonly referred to as "AB 1826", as amended and supplemented, superseded, and replaced from time to time.
(c) "Act" means the California Integrated Waste Management Act of 1989 (California Public Resources Code § 400000 et seq.), as amended, supplemented, superseded and replaced from time to time and as implemented by the regulations of the California Department of Resources Recycling and Recovery (CalRecycle), or its successor agency.
(d) "Bin" means a Container with capacity of approximately one to six cubic yards, with a hinged lid, and with wheels where appropriate, that is serviced by a front end-loading Collection vehicle.
(e) "Cart" means a plastic Container with a hinged lid and wheels that is serviced by an automated or semi-automated Collection vehicle. A Cart has capacity of 32, 64 or 96 gallons (or similar volumes).
(f) "Collection" means the act of collecting Solid Waste, Recyclable Materials, Yard Trimmings, Organics, and C&D and other material at the place of generation in the County.
(g) "Commercial" shall mean of, from or pertaining to non-Residential Premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing and industrial operations, agricultural, and food generating establishments, but excluding businesses conducted upon Residential property which are permitted under applicable zoning regulations and are not the primary use of the property.
(h) "Compactor" means a mechanical apparatus that compresses materials together with the Container that holds the compressed materials or the Container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two to four cubic yard Bin Compactors serviced by front- end loader Collection vehicles and 10 to 50 cubic yard Drop Box Compactors serviced by roll-off Collection vehicles.
(i) "Construction and Demolition Debris, or C&D Debris" includes discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair or demolition operations on any pavements, excavation projects, houses, Commercial buildings, or other structures, excluding Excluded Waste.
(j) "Containers" mean Bins, Carts, Compactors, and Drop Boxes.
(k) "Curb (or Curbside)" means the location of a Container for pick-up, where such Container is placed on the street or alley against the face of the Curb, or where no Curb exists, the Container is placed not more than five feet from the outside edge of the street or alley nearest the property's entrance; or alternate location designated by the County for flagship lots and other special circumstances.
(l) "Customer" means the Person whom Contractor submits billing invoice to and collects payment from for Collection services provided to a Premises. The Customer may be either the Occupant or Owner of the Premises.
(m) "Designated Waste" means non-Hazardous Waste which may pose special Disposal problems because of its potential to contaminate the environment and which may be Disposed of only in Class II Disposal Sites or Class III Disposal Sites pursuant to a variance issued by the California Department of Health Services.
(n) "Discarded Materials" means Solid Waste, Recyclable Materials, Yard Trimmings, Organics, and C&D placed by a Generator in a Container or other receptacle and/or at a location for the purposes of Collection, excluding Excluded Waste.
(o) "Disposal or Dispose (or variation thereof)" means the final disposition of Solid Waste at a Disposal Site.
(p) "Disposal Site" means a facility for ultimate Disposal of Solid Waste.
(q) "Drop Box" means an open-top Container with a capacity of 10 to 50 cubic yards that is serviced by a roll-off Collection vehicle.
(r) "Excluded Waste" means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material. It also includes waste that a Franchisee or other authorized Collection enterprise reasonably believes would, as a result of or upon 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, waste that in the opinion of the Franchisee or other authorized Collection enterprise would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose such enterprise or County to potential liability. It does not, however, 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 batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
(s) "Exclusive Single-Family Collection Area", also known as the “Exclusive Boundary Area”, is the geographic region(s) designated by the Board of Supervisors, which are shown on maps maintained by the Yolo County Community Services Department. Such region(s) may be expanded into contiguous or adjacent areas upon direction of the Board of Supervisors.
(t) “Food Waste” means food scrap materials from both residential and commercial kitchens, stores at which food products are sold, and food processing activities, including fruits, vegetables, pasta, bread, rice, meat, dairy, coffee grounds and filters, tea bags, egg shells and cartons, and biodegradable products such as paper plates, paper towels, paper napkins, compostable bags, and compostable cutlery/culinary products.
(u) "Franchise(es)" mean the party or parties that have entered into a franchise agreement with the County that remains in effect for Discarded Materials, Recyclable Materials, Yard Trimmings, Organics, or C&D Debris Collection services in the unincorporated area of the County.
(v) "Generator" means any "Person" as defined by the Public Resources Code, whose act or process produces Solid Waste, Recyclable Materials, Yard Trimmings, Organics, or C&D Debris as defined herein, or whose act first causes any such material to become subject to regulation.
(w) "Hazardous Substance" means any of the following: (a) any substances defined, regulated or listed (directly or by reference) as "Hazardous Substances", "hazardous materials", "Hazardous Wastes", "toxic waste", "pollutant" or "toxic substances" or similarly identified as hazardous to human health or the environment, in or pursuant to (i) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC § 9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC § 1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC § 1609 et seq. ; (iv) the Clean Water Act, 33 USC § 1251 et seq.; (v) California Health and Safety Code §§ 25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC § 7901 et seq.; and (vii) California Water Code § 13050; (b) any amendments, rules or regulations promulgated there under to such enumerated statutes or acts currently existing or hereafter enacted; and (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's ("PCBs"), petroleum, natural gas and synthetic fuel products, and by-products.
(x) "Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or recodifications of such statutes or identified and listed as Hazardous Waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resources Conservation and Recovery Act (42 USC § 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.
(y) "Household Hazardous Waste" means Hazardous Waste generated at Residential Premises within the County.
(z) "Infectious Waste" means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and other similar establishments that are identified in Health and Safety Code Section 25117.5 as may be amended from time to time.
(aa) "Multi-Family" means 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) and which receive centralized Collection service for all units on the Premises with billing to one Customer at one address.
(bb) "Occupant" means the Person who occupies a Premises.
(cc) "Organics" means Food Waste, or commingled Yard Trimmings and Food Waste. No Discarded Materials shall be considered Organics unless such materials are separated from Solid Waste, Recyclable Materials and C&D.
(dd) "Owner" means the Person(s) holding legal title to real property and/or any improvements thereon, and shall include the Person(s) listed on the latest equalized assessment roll of the County Assessor.
(ee) "Person(s)" means any individual, firm, association, organization, partnership, corporation, trust, joint venture, or public entity.
(ff) "Premises" means any land or building in the County where Solid Waste, Recyclable Materials, Yard Trimmings, Organics, or C&D are generated or accumulated.
(gg) "Processing" means to prepare, treat, or convert through some special method.
(hh) "Recyclable Materials or Recyclables" means those Discarded Materials that the Generators set out in Recyclables Containers for Collection for the purpose of Recycling; that are at least ninety percent (90%) Recyclable; and that exclude Excluded Waste. No Discarded Materials shall be considered Recyclable Materials unless such material it is separated from Solid Waste, Yard Trimmings, Organics, and C&D. Recyclable Materials shall include, but not be limited to: newspaper (including inserts, coupons, and store advertisements); mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, cereal and other similar food boxes yet excluding paper tissues, paper towels, paper with plastic coating, paper contaminated with food, wax paper, foil-lined paper, Tyvex non-tearing paper envelopes); chipboard; corrugated cardboard; glass containers of any color (including brown, clear, and green glass bottles and jars); aluminum (including beverage containers, small pieces of scrap metal); steel, tin or bi-metal cans; mixed plastics such as plastic containers (no. 1 to 7) and bottles including containers made of HDPE, LDPE, or PET.
(ii) "Recycle or Recycling" means the process of sorting, cleansing, treating and reconstituting at a Recyclable Materials Processing Site materials that would otherwise be Disposed of at a landfill for the purpose of returning such materials to the economy in the form of raw materials for new, reused, or reconstituted products.
(jj) "Residential" shall mean of, from, or pertaining to a Single-Family Premises or Multi-Family Premises including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments.
(kk) "Single-Family" means, notwithstanding any contrary definition in the County Code, any detached or attached house or residence designed or used for occupancy by one family, provided that Collection service feasibly can be provided to such Premises at an adjacent unit, and the Owner or Occupant of such independent unit is billed directly for the Collection service. Single-Family also includes Residential units of a duplex or tri-plex Residential structure.
(ll) "Solid Waste" means Solid Waste as defined in California Public Resources Code Section 40191 and regulations promulgated thereunder. Excluded from the definition of Solid Waste are Excluded Waste, C&D Debris, source separated (i.e., separated by the Generator) Recyclable Materials, source separated Yard Trimmings, source separated Organics 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 Sections 41500 and 41802 of the California Public Resources Code as may be amended from time to time.
(mm) "Transportation" means the act of transporting or state of being transported.
(nn) "Yard Trimmings" means those Discarded Materials that will decompose and/or putrefy, including but not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, and small pieces of unpainted and untreated wood (limbs, branches, trees and small pieces of wood material are limited to 3 inches in diameter and 36 inches in length), excluding Excluded Waste.
(§ 2, Ord. 1378, eff. Sept. 4, 2008, as amended by § 2, Ord. 1529, eff. November 19, 2020)