For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms not defined in this section and defined elsewhere in this code shall have the same meanings herein unless the context otherwise requires. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. In the event of a conflict between a definition in this code and a definition in 14 CCR Section 18982, the definitions in Section 18982 shall control for the purposes of this chapter. Additionally, for the purposes of this chapter the definitions in 14 CCR Section 18982 shall control for terms used in this chapter and not defined in this code. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded, and replaced from time to time.
“Black container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of black container waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of black container waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28), including brown containers used by single-family generators for the storage and collection of solid waste that excludes source separated recyclable materials and source separated green container organic waste, shall be deemed to be black containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. Any such brown container shall not be deemed to be a brown container as defined in 14 CCR Section 18982(a)(5.5).
“Black container waste” means solid waste that is collected in a black container that is part of the city’s three-container (for single-family generators) or four-container (for commercial generators, including multifamily residential dwellings) organic waste collection service that prohibits the placement of organic waste in the black container as specified in 14 CCR Sections 18984.1(a) and (b); or as otherwise defined in 14 CCR Section 17402(a)(6.5).
“Blue container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of source separated recyclable materials.
“Brown container” has the same meaning as in 14 CCR Section 18982(a)(5.5) and shall be used only for the purpose of storage and collection of source separated food waste by commercial generators, including multifamily residential dwellings. “Brown container” excludes brown containers that do not comply with the color requirements of 14 CCR Section 18982(a)(28), are used by single-family generators for the storage and collection of black container waste and are deemed to be black containers with respect to single-family generators.
“CALRecycle” means the California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on the city (and others).
“California Code of Regulations” or “CCR” means 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 the CCR).
“City” means the city of Yucaipa, California.
“City enforcement official” means the city manager of the city or designee(s) who is/are partially or wholly responsible for enforcing this chapter.
“Commercial business” or “commercial” means 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 multifamily residential dwelling that consists of fewer than five dwelling units is not a commercial business for purposes of implementing this chapter.
“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined herein. 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” means 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 one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined in 14 CCR Section 18982(a)(8).
“Compliance review” means a review of records by the city to determine compliance with this chapter.
“Compost” means the product resulting from the controlled biological decomposition of organic waste that is source separated from the municipal solid waste stream, or which is separated at a centralized facility; or as otherwise defined in 14 CCR Section 17896.2(a)(4).
“Compostable plastic(s)” means plastic materials that meet the ASTM D6400 standard for compostability; or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
“Container contamination” or “contaminated container” means a container, regardless of color, that contains prohibited container contaminants; or as otherwise defined in 14 CCR Section 18982(a)(55).
“C&D” means construction and demolition debris.
“Designee” means an entity that the city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2; or as otherwise defined in 14 CCR Section 18982(a)(15).
“Edible food” means food intended for human consumption; or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter 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 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 state Retail Food Code.
“Enforcement action” means 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; or as otherwise defined in 14 CCR Section 18982(a)(19).
“Excluded waste” means 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 the city’s enforcement official’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 the 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 multifamily 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 state Public Resources Code.
“Food distributor” means 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 state Health and Safety Code.
“Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed; or as otherwise defined in 14 CCR Section 18982(a)(24).
“Food recovery organization,” unless otherwise defined in 14 CCR Section 18982(a)(25), means 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 State Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the state Health and Safety Code; and
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the state Health and Safety Code.
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 Section 18982(a)(7).
“Food recovery service” means 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 Section 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 Section 18982(a)(7).
“Food scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.
“Food service provider” means 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” means paper material that has come in contact with food or liquid, such as, but not limited to, paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
“Food waste” means food scraps and food-soiled paper.
“Generator” means a person or entity that is responsible for the initial creation of solid waste, and with respect to organic waste, means a person or entity that is responsible for the initial creation of organic waste; or as otherwise defined in 14 CCR Section 18982(a)(48).
“Green container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of source separated green container organic waste (which for single-family generators includes food waste).
“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; or as otherwise defined in 14 CCR Section 18982(a)(30).
“Hauler route” means 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 waste processing facility” means 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 fifty (50) percent between January 1, 2022 and December 31, 2024, and seventy-five (75) percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or as otherwise defined in 14 CCR Section 18982(a)(33).
“Inspection” means a site visit where the city or its designee 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 Section 18982(a)(35).
“Large event” means 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 two thousand (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; or as otherwise defined in 14 CCR Section 18982(a)(38). “Large venue,” unless otherwise defined in 14 CCR Section 18982(a)(39), means a permanent venue facility that annually seats or serves an average of more than two thousand (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.
“Local education agency” means a school district, charter school, or county office of education that is not subject to the control of the city’s regulations related to solid waste; or as otherwise defined in 14 CCR Section 18982(a)(40).
“Multifamily residential dwelling(s)” or “multifamily” means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
“MWELO” refers to the Model Water Efficient Landscape Ordinance, 23 CCR, Division 2, Chapter 2.7.
“Noncompostable 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).
“Nonlocal entity” means 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 jurisdictional boundaries of the city;
2. Federal facilities, including military installations, located within the jurisdictional boundaries of the city;
3. Prison(s) located within the jurisdictional boundaries of the city;
4. Facilities operated by the state park system located within the jurisdictional boundaries of the city;
5. Public universities (including community colleges) located within the jurisdictional boundaries of the city;
6. County fairgrounds located within the jurisdictional boundaries of the city; and
7. State agencies located within the jurisdictional boundaries of the city.
“Nonorganic recyclables” means nonputrescible and nonhazardous recyclable wastes 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” or “NOV” means 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) or further explained in 14 CCR Section 18995.4.
“Organic waste” means solid waste 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 Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
“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).
“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,” unless otherwise defined in 14 CCR Section 18982(a)(55), means the following:
1. Discarded materials placed in the blue container that are not identified by the city as acceptable source separated recyclable materials for the blue container;
2. Discarded materials placed in the green container that are not identified by the city as acceptable source separated green container organic waste for the green container;
3. Discarded materials placed in the black container that are identified by the city as acceptable source separated recyclable materials for the blue container or source separated green container organic waste for the green container;
4. Discarded materials placed in the brown container that are not identified by the city as acceptable food waste for the brown container; and
5. Excluded waste placed in any container.
Nothing in this chapter shall prevent or prohibit the use of additional containers duly authorized by the city and its designee for purposes of the storage and collection of source separated materials to the extent permitted by SB 1383.
“Recovered organic waste products” means products made from landfill diverted recovered organic waste processed in a permitted or otherwise authorized facility; or as otherwise defined in 14 CCR Section 18982(a)(60).
“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).
“Recycled-content paper” means paper products and printing and writing papers that consist of at least thirty (30) percent, by fiber weight, postconsumer fiber; or, as otherwise defined in 14 CCR Section 18982(a)(61).
“Restaurant” means 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” means 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” means Senate Bill 1383 of 2016 approved by the Governor of the State on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the State Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the state Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants.
“SB 1383 regulations” means 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 14 CCR and 27 CCR.
“Self-hauler” means a person or entity, who, to the extent authorized by this code and any collection agreement between the city and a franchised hauler in effect, and in compliance with all applicable requirements of this code hauls solid waste, organic waste or recyclable materials he or she has generated to another person or entity; or as otherwise defined in 14 CCR Section 18982(a)(66). Self-hauler also includes a person or entity who back-hauls waste. 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 Section 18982(a)(66)(A).
“Single-family” means of, from, or pertaining to any residential premises with fewer than five units.
“Solid waste” means, unless otherwise defined in state Public Resources Code Section 40191, all putrescible and nonputrescible solid, semi-solid, 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, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes, with the exception that solid waste does not include any of the following wastes:
1. Hazardous waste, as defined in the state Public Resources Code Section 40141;
2. Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the state Health and Safety Code); and
3. Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in state Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the state Public Resources Code.
“Source separated” means 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 this chapter, source separated shall include separation of materials, at the point of generation, 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 black container waste or other solid waste for the purposes of collection and processing of those materials.
“Source separated blue container organic waste” means source separated organic waste that can be placed in a blue container that is limited to the collection of that organic waste and nonorganic recyclables. Source separated blue container organic waste includes plastics, paper products, printing and writing papers, cardboard, glass bottles, jars, and aluminum cans. Source separated blue container organic waste excludes source separated green container organic waste and food waste.
“Source separated green container organic waste” means source separated organic waste that can be placed in a green container that is limited to the collection of that organic waste; or as otherwise specified in 14 CCR Section 18984.1 (a) and (b). Unless otherwise specified by the city, source separated green container organic wastes excludes source separated blue container organic waste, noncompostable paper, and textiles. In addition, for single-family generators source separated green container organic waste includes food waste and for commercial businesses, including multifamily residential dwellings, excludes food waste.
“Source separated recyclable materials” means source separated non-organic recyclables and source separated blue container organic waste.
“State” means the state of California.
“Supermarket” means 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).
“Tier one commercial edible food generator” means a commercial edible food generator that is one of the following; or as otherwise defined in 14 CCR Section 18982(a)(73):
1. Supermarket;
2. Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet;
3. Food service provider;
4. Food distributor; or
5. Wholesale food vendor.
“Tier two commercial edible food generator” means a commercial edible food generator that is one of the following; or as otherwise defined in 14 CCR Section 18982(a)(74):
1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet;
2. Hotel with an on-site food facility and two hundred (200) or more rooms;
3. Health facility with an on-site food facility and one hundred (100) or more beds;
4. Large venue;
5. Large event;
6. A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet; or
7. A local education agency facility with an on-site food facility.
“Wholesale food vendor” means 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. 403 § 1, 2022)