Alameda Municipal Code Art. I Definitions

As used in this section:

Appliances shall mean discarded household appliances such as refrigerators, stoves, clothing washers and dryers, water heaters, dishwashers, etc., and similar items discarded by occupants of residential premises.

Back-haul means generating and transporting organic waste to a destination owned and operated by a generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

Bin shall mean a container with capacity of one (1) to eight (8) cubic yards, with hinged lid and wheels (where appropriate), that is serviced by a front end-loading collection vehicle.

Bulky items shall mean discarded appliances, furniture, tires, carpets, mattresses, bundled and tied yard trimmings and/or wood waste, and similar large items which can be handled by two (2) people, weigh no more than one hundred fifty (150) pounds, and that require special collection due to their size or nature, but can be collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. Bulky items must be generated by the customer and/or occupant and at the service address wherein the bulky items are collected. Bulky items do not include abandoned automobiles, e-waste, large auto parts, trees, construction and demolition debris, or items herein defined as excluded materials.

C&D applicant means any person that undertakes a project subject to WMP requirements pursuant to subsection 21-24.1 of this chapter.

CalRecycle means California's Department of Resources Recycling and Recovery, which is the state agency designated with responsibility for developing, implementing, and enforcing the SB 1383 Regulations.

California Code of Regulations or CCR means the State of California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

Cardboard means corrugated fiberboard consisting of a fluted corrugated sheet and one (1) or two (2) flat linerboards, as is often used in the manufacture of shipping containers and corrugated boxes. Cardboard is a subset of recyclable materials.

Cart shall mean a recycled-plastic container with a hinged lid and wheels serviced by an automated or semi-automated loading truck with varying capacities of ten (10), twenty (20), thirty-two (32), sixty-four (64), or ninety-six (96) gallons, or another size approved by the City Manager.

City Manager shall mean the City Manager of the City of Alameda or their designated representative.

Clean wood means wood that is not painted, stained, coated, pressure treated, or chemical treated. Clean wood may include dimensional lumber, pallets, crates, chop sticks, toothpicks, stir sticks, and wooden utensils. Clean wood excludes creosote, lumber treated with chromated copper arsenate (CCA), melamine coated furniture and manufactured wood products such as plywood, particle board, oriented strand board, and medium density fiberboard. Materials may be added to or subtracted from this list from time to time, by mutual consent of the City and franchisee. Clean wood is a subset of organic materials.

Collect or Collection (or any variation thereof) means the act of collecting recyclable materials, organic materials, solid waste, bulky items, and other material at the place of generation in City.

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, but excluding businesses conducted upon residential property which are permitted under applicable zoning regulations and are not the primary use of the property. Commercial Premises include yacht harbors and marinas where residents live aboard boats.

Commercial edible food generator includes a Tier One, or a Tier Two Commercial Edible Food Generator as defined herein 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 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 (1) time does not exceed one hundred (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).

Compactor shall mean 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 (2) to four (4) cubic yard bin compactors serviced by front-end loader collection trucks and ten (10) to forty (40) cubic yard drop box compactors serviced by roll-off collection trucks.

Compliance review means a review of records by the Enforcement Agency to evaluate compliance with this chapter.

Compostable paper includes discarded paper products (including paper containers, bags, and cartons) that are contaminated with food scraps or grease. Compostable paper includes paper cups, paper plates, paper bowls, paper trays and tray liners, paper take-out containers, cardboard pizza boxes, paper food wrappers, paper towels, paper napkins, shredded paper, and pieces of paper too small to recycle. Materials may be added to or subtracted from this list from time to time, by mutual consent of the City and franchisee. Compostable paper is a subset of organic materials.

Composting or compost (or any variation thereof) includes a controlled biological decomposition of organic materials yielding a safe and nuisance free compost product.

Construction or construction and demolition shall mean construction, erection, enlargements, alteration, renovation, conversion, or movement of any building, structure, paving, or land and any other demolition attendant thereto.

Construction and demolition debris or C&D debris shall mean used or discarded materials removed from residential, commercial, or industrial premises as a consequence of construction, which includes but is not limited to, 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 materials. Construction and demolition debris also includes, but is not limited to, rocks, soils, tree remains and other yard trimmings which results from land clearing or land development operations in preparation for construction.

Container shall mean bins, carts, compactors, and drop boxes.

Container contamination orcontaminated container means a container, regardless of type, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

Conversion rate means a rate set forth in the standardized Conversion Rate Table approved by the City Manager pursuant to Section 21-24 or any reasonable conversion rates for use in estimating the volume or weight of materials identified in a Waste Management Plan.

County means the County of Alameda, California.

Curb (or curbside) means the cornered edging between the street and the sidewalk. Curb or curbside shall also mean and describe the placement of a collection container for pick-up, where such container is placed on the street or alley against the face of the curb but not within the public street, or sidewalk, in a manner that would obstruct vehicular, pedestrian, or bicycle travel. Where no curb exists, the container shall be placed in the location agreed upon by the City and the franchisee in the franchise agreement.

Customer shall mean the person to whom franchisee and/or permittee shall submit billing invoices and from whom it shall collect payment for collection services provided to a premises generating solid waste, recyclable materials, organic materials, and receiving collection services from the franchisee and/or permittee. As determined pursuant to the policies of the franchisee, the customer may be the occupant or owner of a residential or commercial premises, provided that the owner of the premises shall be responsible for payment of collection services, in the event an occupant of a premises, who is identified as the customer with respect to the owner's premises, fails to make such payment.

Decibel (dB) shall mean a unit for measuring the amplitude of sounds, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals.

Designated waste means non-hazardous substances 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. Designated waste consists of those substances classified as designated waste by the State, in California Code of Regulations Title 23, Section 2522 as may be amended from time to time.

Designee means an entity that the WMA or the City contracts with or otherwise arranges to carry out or assist with any of the WMA's or City's responsibilities for compliance with the SB 1383 Regulations or administration or enforcement of this chapter. A designee may be a government entity, a private entity, or a combination of those entities.

Discarded materials means recyclable materials, organic materials, and solid waste placed by a generator in a receptacle and/or at a location for the purposes of collection by franchisee, excluding excluded materials.

Disposal or Dispose (or any variation thereof) means the final disposition of solid waste, or processing residue at a disposal facility.

Disposal site shall mean a landfill, or other facility for ultimate disposal of solid waste.

Diversion requirement means the diversion of at least ninety-five (95%) percent of concrete and asphalt and, the minimum percent required by the California Green Building Standards Code as amended July 1, 2019 or as subsequently amended, whichever is higher, of the remaining construction and demolition debris generated by a project via reuse or recycling, unless a C&D applicant has been granted an infeasibility exemption pursuant to Section 21-24, in which case the diversion requirement shall be the maximum feasible diversion rate established by the City Manager for the project.

Divert or Diversion (or any variation thereof) means to prevent discarded materials from disposal at landfill or transformation facilities, (including facilities using incineration, pyrolysis, distillation, gasification, or biological conversion methods) through source reduction, reuse, recycling, composting, anaerobic digestion or other method of processing, in accordance with the provisions of AB 939 and SB 1383.

Drop box means an open-top container with a capacity of ten (10) to forty (40) cubic yards that is serviced by a roll-off collection vehicle.

Edible food means food intended for human consumption that is unsold or unserved and meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. Edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter requires or authorizes food recovery of edible food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this chapter.

Enforcement action means an action of the relevant enforcement agency to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

Enforcement agency means an entity with the authority to enforce part, or all of this chapter as specified herein. Employees and agents of an enforcement agency may carry out inspections and enforcement activities pursuant to this chapter. Nothing in this chapter authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity.

E-waste shall mean discarded electronic equipment including, but not limited to, television sets, computer monitors, cathode ray tubes, central processing units (CPUs), laptop computers, external computer hard drives, computer keyboards, computer mice, computer printers, DVD players, CD players, stereos, radios, and VCRs. Some E-waste or components thereof may be hazardous haste or include hazardous substances and thus require special handling, processing, or disposal.

Excluded materials means hazardous substance, hazardous waste, medical waste, infectious waste, designated waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that franchisee reasonably believes would, as a result of or upon disposal, be a violation of local, State or Federal law, regulation or this chapter, including land use restrictions or conditions, waste that cannot be disposed of in Class III landfills, waste that in franchisee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose franchisee or City to potential liability; but not including 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. Excluded materials does not include used motor oil and filters, or household batteries when properly placed for collection by generator.

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 Health and Safety Code.

Food recovery means actions to collect and distribute edible food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

Food recovery organization 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 or as otherwise defined in 14 CCR Section 18982(a)(25), 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 chapter 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 chapter.

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 those discarded materials that will decompose and/or putrefy including: (i) all kitchen and table food waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (iii) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (iv) vegetable trimmings, houseplant trimmings, flowers, and other compostable organic waste common to the occupancy of residential dwellings or businesses involved in food production, preparation, or sales. Materials may be added to or subtracted from this list from time to time, by mutual consent of franchisee and City. Food scraps are a subset of organic materials.

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).

Franchise agreement means an agreement with a franchisee as defined in subsection 21-20.1 of this chapter.

Franchisee shall mean the person to whom the city shall have granted a franchise to collect, receive, carry, haul or transport solid waste, recyclable materials, and organic materials within the City, and shall include the agents or employees of the franchisee.

Generator means any person whose act or process produces discarded materials as defined in the Public Resources Code, or whose act first causes discarded materials to become subject to regulation.

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).

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 § 6901 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 thereunder 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, including, without limitation, friable asbestos, polychlorinated biphenyl's (PCBs), petroleum, natural gas, and synthetic fuel products, and by-products.

Hazardous waste means any waste which meets the definitions set forth in 22 CCR Section 66261.3, et seq. and is required to be managed; or as otherwise defined in 14 CCR Section 17402(a)(7). Hazardous waste includes hazardous wood waste.

Health facility has the same meaning as in Section 1250 of the Health and Safety.

Hotel has the same meaning as in Section 17210 of the Business and Professions Code.

Household battery(ies) means disposable or rechargeable dry cells (e.g. A, AA, AAA, B, C, D, 9-volt, button-type) commonly used as power sources for household or consumer products including, but not limited to, nickel-cadmium, nickel metal hydride, alkaline, mercury, mercuric oxide, silver oxide, zinc oxide, nickel-zinc, nickel iron, lithium, lithium ion, magnesium, manganese, and carbon-zinc batteries, but excluding automotive lead acid batteries or other batteries franchisee is prohibited from carrying by applicable law.

Household hazardous waste or HHW means hazardous waste generated at residential premises within the City. HHW includes: paint, stain, varnish, thinner, adhesives, auto products such as old fuel, used motor oil, used oil filter, batteries, fluorescent bulbs, tubes, cleaners and sprays, pesticides, fertilizers and other garden products, needles, syringes, and lancets.

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.

Inspection means an enforcement agency's electronic or on-site review of 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).

Integrated waste management shall mean all materials defined as, including but not limited to, all materials defined as solid waste, recyclable materials, and organic materials as defined in California Public Resources Code § 40191.

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. 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 chapter. For the purposes of this definition of large event, "local agency" means all public agencies except those that are not subject to the regulatory authority of the City.

Large venue 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. 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 (1) 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 chapter.

Marina means a commercial business which owns and operates, or intends to develop and operate, a small boat recreational facility providing boat berthing on a wet or dry storage basis and other improvements commonly found in a facility of that type on privately or publicly owned waters within the City.

Medical waste shall mean all materials defined as medical waste in the California Health and Safety Code Section 25023.2, excluding waste identified as not being medical waste in Sections 25023.5 and 25023.8, or the regulations promulgated thereunder, as amended from time to time.

Multi-family shall mean any residential premises with five (5) or more units used for residential purposes irrespective of whether residence therein is transient, temporary or permanent.

Multi-plex shall mean any residential complex with two (2) to four (4) units used for residential purposes irrespective of whether residence therein is transient, temporary, or permanent. Multi-plex premises include condominiums and cooperative apartments with two (2) to four (4) units. Such premises may have individual or consolidated solid waste, recyclable materials, and organic materials collection service sufficient in volume to service each unit on the premises, and will be billed to one (1) customer at one (1) address or to each individual unit.

Notice of violation 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.

Occupant shall mean a person who occupies a premises.

Organic materials means yard trimmings, food scraps, compostable paper, and clean wood, individually or collectively. Organic material may also include manure from herbivores (horses, cows, goats, sheep, rabbits, etc.). No discarded material shall be organic materials, however, unless it is separated from recyclable material and solid waste. Materials may be added to or subtracted from the list of organic materials from time to time by mutual consent of franchisee and City.

Organic waste means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, 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 in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.

Organic waste generator 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).

Owner shall mean the person or persons holding legal record title to the real property and/or any improvements thereon and shall include the person(s) listed in the latest property tax assessment roll made available by the Alameda County Assessor's Office.

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).

Permittee shall mean any person authorized by a city permit to collect construction and demolition debris, recyclable materials, or organic materials pursuant to Article IV of this chapter.

Person shall mean a person, firm, association, organization partnership, consortium, joint venture, corporation, trust, any entity, public or private in nature, or any other legal person.

Premises shall mean any land or building in the City where solid waste, recyclable materials, or organic materials are generated or accumulated including each single-family unit, multi-plex unit, multi-family complex, and business establishment.

Printing and writing paper 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 writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

Processing means to prepare, treat, or convert through some special method.

Prohibited container contaminants means: (i) discarded materials placed in the recyclable materials container that are not identified as acceptable recyclable materials for the City's recyclable materials container; (ii) discarded materials placed in the organic materials container that are not identified as acceptable organic materials for the City's organic materials container; (iii) discarded materials placed in the solid waste container that are acceptable recyclable materials and/or organic materials to be placed in City's organic materials container and/or recyclable materials container; and (iv) excluded materials placed in any container.

Project means any activity involving construction that requires issuance of a permit under the zoning, building and other ordinances of the City.

Public Works Director shall mean the Public Works Director of the City of Alameda or their designated representative.

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).

Recyclable materials means those discarded materials that: the generators set out in recyclable materials containers for collection for the purpose of recycling by the franchisee and that exclude excluded materials. No discarded materials shall be considered recyclable materials unless such material is separated from organic materials, and solid waste. Recyclable materials shall include those materials as specified in the franchise agreement, including but not limited to printing writing paper and paper products, excluding compostable paper. Materials may be added to or subtracted from this list by mutual consent of franchisee and City.

Recycling or recycle (or any variation thereof) shall mean the process of sorting, cleansing, treating, and reconstituting recyclable materials that would otherwise be disposed of at a disposal site and returning them to the economy in the form of raw materials for new, reused or reconstituted products.

Remote monitoring means the use of mechanical or electronic devices to identify the types of materials in recyclable materials containers, organic materials containers, and/or solid waste containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

Residential shall mean of, from, or pertaining to a single-family premises, multi-plex premises, or multi-family premises including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments.

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).

Reusable materials means items that are capable of being used again after minimal processing. Reusable materials may be collected source separated or recovered through a processing facility and using reuse markets developed by franchisee. Reusable materials may include but are not limited to textiles, furniture, and/or sporting equipment.

Reuse means further or repeated use of any material without reconstitution or treatment.

Risk Manager shall mean the Risk Manager of the City of Alameda or their designated representative.

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).

Route review means a visual inspection of containers along a route for the purpose of determining container contamination and may include mechanical or electronic inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

Salvage means the controlled removal of construction and demolition debris from a permitted construction site for the purpose of recycling or reuse.

SB 1383 means Short-Lived Climate Pollutants Act of 2016 (an act to add Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and 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.

Self-hauler means a person, who hauls solid waste, organic waste, or recyclable material they have generated to another person for disposition as allowed by the City and otherwise in accordance with all applicable laws. Self-hauler also includes a person who back-hauls such materials, and as otherwise defined in 14 CCR Section 18982(a)(66).

Single-family shall mean any detached or attached house or residence designed or used for occupancy by one (1) household, provided that collection service can be and is provided to such premises as an independent unit.

Solid waste means 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 materials, C&D debris, 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 Sections 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 separated means the segregation, by the generator, of materials designated for separate collection for some form of recycling, composting, recovery, or reuse.

Specialty recyclable materials shall mean high-value, presorted recyclable materials generated by construction and demolition activities on residential or nonresidential premises and by the operation of nonresidential uses. Specialty recyclable materials include scrap metal, construction and demolition debris, high-grade paper (including office mixed paper), pallets, and plastic film and other segregated recyclable materials which the City Manager reasonably determines are meaningfully distinct from the mixed recyclable materials collected from residential premises in the City.

Supermarket means a full-line, self-service retail store with gross annual sales of two million ($2,000,000.00) dollars, 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 (1) of the following:

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.

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 chapter.

Tier Two Commercial Edible Food Generator means a commercial edible food generator that is one (1) of the following:

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.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition as to entities subject to the regulatory authority of the City, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.

Transfer means the act of transferring the materials collected by contractor in its route vehicles into larger vehicles for transport to other facilities for the purpose of recycling, processing, or disposing of such materials.

Transportation or transport means the act of conveying collected materials from one location to another.

Waste Management Plan means a plan for compliance with Article IV of this chapter, as approved or conditionally approved by the City.

WMA means the Alameda County Waste Management Authority.

Yard trimmings means those discarded materials that will decompose and/or putrefy, including, but not limited to, green trimmings, grass, weeds, flowers, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, and other types of organic materials resulting from normal yard and landscaping maintenance that may be specified in this code for collection and processing as organic materials under the franchise agreement. Materials may be added to or subtracted from this list from time to time by mutual consent of the franchisee and City. Yard trimmings does not include items herein defined as excluded materials. Yard trimmings are a subset of organic materials. Yard trimmings placed for collection must fit within the franchisee-provided container.

(Ord. No. 3310 N.S., § 2, 11-16-2021)