Butte County Municipal Code Art. II Definitions

Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this chapter and words used in the present tense shall include the future; the word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used, and the word "shall" is mandatory and not directory. Whenever reference is made to any portion of this chapter or any other ordinance or law, the reference shall apply to all amendments and additions now or hereafter made. For ease of reading, some words that are defined terms in this article are capitalized. Words in this chapter have the meanings given in this article, regardless of whether or not they are capitalized.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4019, § 1, 4-13-10)

"Act" means the California Integrated Waste Management Act of 1989 (also referred to as "AB 939"), Public Resources Code § 40000 and following as it may be amended, and as implemented by the regulations of CalRecycle.

(Ord. No. 4217, § 1, 5-10-22)

"Agricultural solid wastes" means wastes resulting from the production and processing of farm or agricultural products, including but not limited to manures, prunings, and crop residues wherever produced.

(Ord. No. 3336, § 2, 5-27-97)

"Alternative daily cover—Processed green material" means green waste with the exclusion of manure. Processed green material may include varying proportions of wood waste from urban and other sources and shall be ground, shredded, screened or otherwise processed in a manner to provide a compacted material free of open voids when applied to meet the performance requirements as alternative daily cover.

(Ord. No. 3874, § 2, 3-23-04)

(Ord. No. 4088, § 4, 11-4-14)

"Apartment, condominium, townhouse complex or mobile home park" means those multi-family complexes or parks which contain five (5) or more dwelling units.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4088, § 5, 11-4-14)

"Bin" means a container in which solid waste, including recyclable material and yard waste, is stored pending pickup, having the following characteristics:

(1) A lid, the top of which shall not exceed seventy-two (72) inches in height from the surface of the ground at grade level, and

(2) A capacity of at least one (1) cubic yard but not more than eight (8) cubic yards, and

(3) The capability of being collected by front-end or rear loading truck.

"Bins" are often referred to as "dumpsters."

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4019, § 1, 4-13-10; Ord. No. 4088, § 6, 11-4-14; Ord. No. 4217, § 2, 5-10-22)

"Bulky wastes" means large items of solid waste such as appliances, furniture, trees, branches, stumps and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing or disposal methods. It does not include abandoned vehicles or household hazardous waste (except for E-waste).

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4088, § 7, 11-4-14)

"Buy-back recycling center" means a facility that pays a fee for the delivery and transfer of ownership to the facility of source separated materials, for the purpose of recycling or composting.

(Ord. No. 3336, § 2, 5-27-97)

"Board" means the Butte County Board of Supervisors.

(Ord. No. 3336, § 2, 5-27-97)

"CalRecycle" means the California Department of Resources Recycling and Recovery, or its successor agency.

(Ord. No. 4217, § 3, 5-10-22)

"Cleanup event" means the collection of solid waste from county road-sides or communities in the unincorporated areas of the county by solid waste collectors, their employees, agents, and/or volunteers, at no expense to county or to residential customers.

(Ord. No. 3336, § 2, 5-27-97)

Editor's note— Ord. No. 4088, § 8, adopted November 4, 2014, repealed § 31-11.80, in its entirety. Former § 31-11.80 pertained to collection bag and was derived from Ord. No. 3336, § 2, May 27, 1997.

"Collection vehicle or equipment" means any vehicle or equipment used in the collection of solid waste and recyclable materials.

(Ord. No. 3336, § 2, 5-27-97)

"Commercial customer" means of, from or pertaining to Multi-Family Premises or other non-Residential Premises where business or other activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing, industrial operations, and nonprofit and governmental activities of any nature, but excluding businesses conducted upon Residential property which are permitted under applicable zoning regulations and are not the primary use of the property.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4019, § 1, 4-13-10; Ord. No. 4088, § 9, 11-4-14)

"Commercial edible food generator" means a tier one or a tier two commercial edible food generator as defined in this chapter and in 14 CCR Section 18982(a)(73) and (a)(74).

(Ord. No. 4217, § 4, 5-10-22)

"Commercial solid waste" means all types of solid wastes generated by stores, business offices, commercial warehouses, manufacturing plants, nonprofit organizations, multifamily residential complexes, government offices, schools and other commercial sources, excluding residences with less than five (5) dwelling units, and excluding industrial wastes.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4019, § 1, 4-13-10; Ord. No. 4088, § 10, 11-4-14)

"Commercial service" means solid waste, including recyclable materials and yard waste, collection service provided by a licensee under this chapter to any person producing commercial solid waste.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4088, § 11, 11-4-14)

"Composting" means a controlled microbial degradation of nonputrescible organic waste yielding a safe and nuisance free product.

(Ord. No. 3336, § 2, 5-27-97)

"Construction and demolition waste" means solid wastes consisting of building materials; and packaging and rubble resulting from construction, remodeling, repair and demolitions of operations on pavements, houses, commercial buildings, and other structures that are not hazardous, as defined in CCR, Title 22, section 66261.3 et seq. Title 14 section 17381(e), and that contain no more than one (1) percent putrescible wastes by volume.

Construction and Demolition (C&D) debris includes:

1. Discarded materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction or demolition project.

2. Clean cardboard, paper, plastic, wood, and metal scraps from any construction or demolition project.

3. De minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects.

4. "Demolition" means the decimating, dismantling, razing, ruining, tearing down and/or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4019, § 1, 4-13-10; Ord. No. 4088, § 12, 11-4-14)

"Containers" means bins, roll-offs, cans, vessels, receptacles or other containers used to hold solid waste and/or recyclable materials for collection, including: thirty-two (32) gallon manual cans, various size carts used with semi-automated and automated collection, front and rear loader binds, and roll off bins.

(Ord. No. 3844, § 2, 2-11-03)

(Ord. No. 4088, § 13, 11-4-14)

"Curbside recycling" means the collection of recyclable material (curbside program) set out for collection within five (5) feet of service roads by any residential customer within a recycling zone.

(Ord. No. 3969, § 1 (part), 8-28-07)

"Customers" means the generators (including owners, tenants, occupants and/or persons having the care or control of any premises within the County) of solid waste from whom a licensee has agreed to collect solid waste.

(Ord. No. 3844, § 3, 2-11-03)

"County" means the County of Butte, a political subdivision of the State of California.

(Ord. No. 3336, § 2, 5-27-97)

"Debris box" or "drop box" or "roll-off" means a solid waste container with a capacity of at least ten (10) cubic yards transported by a vehicle and set off at a customer's location for loading.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4088, § 14, 11-4-14)

"Director" means the county director of public works.

(Ord. No. 3336, § 2, 5-27-97)

"Disposal" means the delivery of solid waste and/or recyclable materials to a solid waste facility or facilities.

(Ord. No. 3844, § 4, 2-11-03: Ord. No. 3336, § 2, 5-27-97)

"Drop-off recycling center" means a location or facility which accepts delivery or transfer of ownership of source separated materials for the purpose of recycling or composting, without payment of a fee.

(Ord. No. 3336, § 2, 5-27-97)

"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 California Retail Food Code.

(Ord. No. 4217, § 5, 5-10-22)

"End market or end-use" means the use or uses for a diverted material or product which has been returned to the economic mainstream, whether or not this return is through the sale of the material or product. The material or product may or may not have a value less than the solid waste disposal cost.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4217, § 6, 5-10-22)

"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, thised to:

A. A food bank as defined in Section 113783 of the Health and Safety Code;

B. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

C. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

(Ord. No. 4217, § 7, 5-10-22)

"Food recovery service" means an entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery.

(Ord. No. 4217, § 8, 5-10-22)

"Food waste" means post or pre-consumer organic material commercially generated for human or animal consumption as well as food-soiled compostable paper materials. Food waste does not include sealed food packages.

(Ord. No. 4114, § 1, 5-24-16

"Franchise" means the special right granted by the County to a licensed hauler to exclusively provide collection services for refuse, recyclable materials and green waste within a service area.

(Ord. No. 4088, § 15, 11-4-14)

"Franchise agreement" means an agreement, including all exhibits and attachments, and any amendments thereto, between the County and a licensed hauler for collection, transfer, transportation, and disposal of refuse, recyclable materials, green waste, and other related services to reliable refuse, recyclable materials and green waste collection.

(Ord. No. 4088, § 16, 11-4-14)

"Franchised hauler" means a licensed hauler, that has entered into a franchise agreement with the County for the exclusive collection of solid waste, recyclable materials and yard waste within a County franchise service area.

(Ord. No. 4088, § 17, 11-4-14)

"Garbage" means a type of solid waste that may be putrescible, such as food waste.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4019, § 1, 4-13-10; Ord. No. 4217, § 9, 5-10-22)

"Generator" means any individual who, or entity which, discards solid waste that is generated on premises that the person owns or occupies, including tenants, property managers for facilities with leased space, and employees and contractors, as well as Butte County, its facilities, properties and events it sponsors or co-sponsors.

(Ord. No. 4019, § 1, 4-13-10)

"Green waste" shall be green material that is any plant material separated at the point of generation. It contains no greater than one (1) percent of physical contaminants by weight. Green waste includes, but is not limited to, yard trimmings, untreated wood wastes, natural fiber products, and construction and demolition wood waste. Green waste does not include food material, biosolids, mixed solid waste, material processes from commingled collection, wood containing lead-based paint or wood preservative, mixed construction or mixed demolition debris. For curbside collection purposes, green waste shall not be longer than three (3) feet or larger than six (6) inches in diameter and must fit in the container utilized by the customer.

(Ord. No. 3874, § 3, 3-23-04)

(Ord. No. 4019, § 1, 4-13-10; Ord. No. 4088, § 18, 11-4-14)

"Hauler" means a person who collects material from a generator and delivers it to a reporting entity, end user, or a destination outside of the state. "Hauler" includes public contract haulers, private contract haulers, food waste self-haulers, and self-haulers. A person who transports material from a reporting entity to another entity or person is not a hauler.

(Ord. No. 4217, § 10, 5-10-22)

"Hazardous waste" means either of the following:

(a) A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:

(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

(2) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed of, or otherwise managed.

(b) A waste which meets any of the criteria for the identification of a hazardous waste adopted pursuant to Section 25141 of the Health and Safety Code.

(1) Hazardous waste includes, but is not limited to, hazardous waste, as defined in the federal Resource Conservation and Recovery Act and hazardous waste, as defined in Public Resources Code Section 40141.

(2) Unless expressly provided otherwise, the term "hazardous waste" shall be understood to also include extremely hazardous waste and acutely hazardous waste.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4019, § 1, 4-13-10; Ord. No. 4088, § 19, 11-4-14)

"Household hazardous waste" (HHW) means any hazardous waste generated incidental to owning, residing in, and/or maintaining a place of residence. Household hazardous waste does not include any waste generated in the course of operating a business at a residence.

(Ord. No. 3336, § 2, 5-27-97)

"Household hazardous waste collection" means a program activity in which HHW is brought to a designated collection point or facility where the HHW is separated and packaged for temporary storage.

(Ord. No. 3336, § 2, 5-27-97)

"Household hazardous waste collection facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the collection, treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A HHW collection facility may consist of one (1) or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or combinations of these units.

(Ord. No. 3336, § 2, 5-27-97)

"Industrial wastes" means all types of solid wastes and semisolid wastes which result from industrial processes and manufacturing operations, except hazardous waste.

(Ord. No. 3336, § 2, 5-27-97)

"Inert wastes" means wastes which contain no decomposable wastes and no soluble pollutants, including but not limited to rock, earth, construction rubble, asphalt and concrete chunks, as approved by the solid waste manager or local enforcement agency.

(Ord. No. 3336, § 2, 5-27-97)

"Institutional solid wastes" means solid wastes originating from educational, health care, correctional, research facilities or other similar facilities, except hazardous waste.

(Ord. No. 3336, § 2, 5-27-97)

"Landfill" means a permitted management facility at which solid wastes and municipal solid wastes are buried.

(Ord. No. 3336, § 2, 5-27-97)

"License" means a license required by and issued under this chapter.

(Ord. No. 4019, § 1, 4-13-10)

"Licensed hauler," sometimes referred to in this chapter as "licensee," means any individual who, or entity which, has a valid license, as required by and issued pursuant to Article III, to collect and transport any type of solid waste, including recyclable materials and green waste.

(Ord. No. 3844, § 6, 2-11-03)

(Ord. No. 4019, § 1, 4-13-10; Ord. No. 4088, § 20, 11-4-14)

"Litter" means all improperly discarded waste material, including but not limited to, convenience food, beverage, and other product packages or containers constructed of steel, aluminum, glass, paper, plastic, and other natural and synthetic materials, deposited on the lands and in waters of the state, but not including the properly discarded waste of the primary processing of agriculture, mining, logging, saw milling, or manufacturing.

(Ord. No. 3336, § 2, 5-27-97)

"Local enforcement agency (LEA)" means the Environmental Health Division of the County's Health Department, which is designated as such by the Board of Supervisors pursuant to Public Resources Code Section 43202.

(Ord. No. 3336, § 2, 5-27-97)

"Local task force" means members of the Butte County integrated waste management local task force.

(Ord. No. 3336, § 2, 5-27-97)

"Mandatory service area" means all of unincorporated Butte County with the exception of the non-mandatory service area.

(Ord. No. 4217, § 11, 5-10-22)

"Multifamily residential complex" means complexes with five (5) or more residential dwelling units including but not limited to apartments, condominiums, or mobile home parks which are located on a single parcel.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4088, § 21, 11-4-14)

"Non-mandatory service area" means the following census tracts: 14, 16.01, 16.02, 17.4, 22, 23, 24.01, 24.02, 33, and 35 that have been granted a low population waiver by CalRecycle.

(Ord. No. 4217, § 12, 5-10-22)

"Nonrecyclable wastes" means that portion of the solid waste stream which has no market value because of its physical or chemical characteristics or properties.

(Ord. No. 3336, § 2, 5-27-97)

"Nonservice roads" means any roads other than service roads.

(Ord. No. 3844, § 7, 2-11-03)

"Open burning" means the burning of any material under such conditions that the products of combustion are emitted directly into the atmosphere.

(Ord. No. 3336, § 2, 5-27-97)

"Organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges.

(Ord. No. 4114, § 1, 5-24-16; Ord. No. 4217, § 13, 5-10-22)

"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).

(Ord. No. 4217, § 14, 5-10-22)

"Owner" means the person(s) having title to the premises of residential or commercial properties and/or dwellings that are leased or occupied.

(Ord. No. 3336, § 2, 5-27-97)

"Performance standards" means the minimum levels of basic services and health and safety standards required for licensees to provide for solid waste collection and hauling services within the County.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4088, § 22, 11-4-14)

"Plastic" means the recyclable plastic components of the waste stream including, but not limited to, polyethylene terephthalate (PET), film plastics, and high density polyethylene (HDPE).

(Ord. No. 3336, § 2, 5-27-97)

"Push services" means manually retrieving a container from its storage location at a residence, bringing it to the collection vehicle for emptying, and returning it to its storage location.

(Ord. No. 3844, § 8, 2-11-03)

"Putrescible wastes" are 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 includes materials such as food wastes, offal and dead animals.

(Ord. No. 3336, § 2, 5-27-97)

"Recyclable materials" or "recyclables" means those materials designated from time to time by the County Solid Waste Manager that can potentially be reused-as, or recycled or otherwise converted into, feedstock for manufacture of a new recycled product. Recyclable materials may include, but are not limited to: aluminum cans, glass bottles and jars, metal cans, plastic containers (marked with a recyclable code number from one (1) to seven (7)), newspaper, mixed paper (including magazines, junk mail, brown bags, white and colored paper), and corrugated cardboard.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4019, § 1, 4-13-10; Ord. No. 4088, § 23, 11-4-14)

"Recycling" means the process by which salvaged materials become reusable materials or products.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4088, § 24, 11-4-14)

"Recycling container" means a container which is provided by or acceptable to a licensee for the sole purpose of containing recyclable materials that are source separated from the nonrecyclable portion of the waste stream.

(Ord. No. 3336, § 2, 5-27-97)

"Recyclable materials—Commingled" means recyclable materials that are separated from solid waste by the owner or generator and all acceptable recyclable materials are placed in the same container for collection and processing. Commingled recyclable materials shall not contain more than ten (10) percent non-recyclable waste by weight.

(Ord. No. 4088, § 25, 11-4-14)

"Recyclable materials—Commercial recycling" means those materials that are normally part of the solid waste stream which can be segregated from non-recyclable waste and recycled as part of a commercial recycling program, including but not limited to, scrap metal, cardboard, plastics one (1) to seven (7), newspaper, mixed paper, (including magazines, junk mail, brown bags, white and colored paper), and unpainted wood.

(Ord. No. 4046, § 1, 6-26-12)

"Recyclable materials—Curbside program" means those materials that are normally part of the solid waste stream which can be segregated from non-recyclable waste and recycled as part of a curbside recycling program, including but not limited to, aluminum cans, glass bottles and jars, metal cans, plastic containers (marked with a recyclable code number from one (1) to seven (7)), newspaper, mixed paper (including magazines, junk mail, brown bags, white and colored paper), and corrugated cardboard.

(Ord. No. 3969, § 1 (part), 8-28-07)

"Recycling zones" mean those unincorporated areas within the county identified on Exhibit A attached to this chapter and made a part hereof by this reference.

(Ord. No. 3969, § 1 (part), 8-28-07)

(Ord. No. 4019, § 1, 4-13-10)

"Refuse" means a type of solid waste comprised of garbage and rubbish.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4019, § 1, 4-13-10)

a. "Residential rental property" means a structure used as a residence and/or living space which is rented and/or let and/or hired and occupied, included, but not limited to, mobile homes, apartments, houses and all other similar structures.

b. "Hired" refers to the existence of an agreement, written or unwritten, formal or informal, by which one (1) party gives to another the temporary possession and use of property, for some type of reward and/or compensation, whether monetary or not.

(Ord. No. 3914, § 2, 10-13-05)

(Ord. No. 4088, § 26, 11-4-14)

"Residential service" means solid waste and recyclable material collection service for single-family residences, and/or trailers, and all multifamily dwellings, including but not limited to, two-family residences (duplexes), tri-plex, four-plex, apartment buildings, condominiums, townhouse complexes, residential hotels and motels, cooperative living complexes and mobile home/trailer parks, as provided by a licensee under this chapter.

(Ord. No. 3336, § 2, 5-27-97; Ord. No. 3874, § 4, 3-23-04)

(Ord. No. 4088, § 27, 11-4-14)

"Residential waste" means all types of solid waste which originate in residential dwellings.

(Ord. No. 3336, § 2, 5-27-97)

"Rubbish" means a type of solid waste which is nonputrescible, such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber byproducts, or litter.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4019, § 1, 4-13-10)

"Salvaging" means the controlled removal of waste material from the solid waste stream for utilization.

(Ord. No. 3336, § 2, 5-27-97)

"SB 1383" means the Short-Lived Climate Pollutants: Methane Emissions: Dairy and Livestock: Organic Waste: Landfills Act of 2016, Chapter 395 of the Statutes of 2016, as well as the regulations promulgated by CalRecycle found at Title 14, Division 7, Chapter 12 of the California Code of Regulations (CCR).

(Ord. No. 4217, § 15, 5-10-22)

"Self-hauler" means a generator that collects solid waste at the generator's premises or place of business for the purpose of hauling those materials in the generator's own vehicles to a permitted solid waste facility in compliance with the requirements of this chapter.

(Ord. No. 4217, § 16, 5-10-22)

"Service roads" means public roads and highways constructed and maintained by any city, the County, State or federal government, as well as private roads and driveways meeting the standards for fire equipment access as provided by Section 4290 of the California Public Resources Code and implementing regulations in Sections 1273.01 Road Width, 1273.02 Roadway Surface, 1273.03, Roadway Grades, 1273.04 Roadway Radius, 1273.05 Roadway Turnarounds, 1273.07 Roadway Structures, 1273.08 One-Way Roads, and 1273.09 Dead-End Roads, in Title 14 of the California Code of Regulations.

(Ord. No. 3844, § 9, 2-11-03)

(a) "Solid waste" means materials that can be lawfully discarded in a class II landfill in California, including the following:

(1) Refuse;

(2) Rubbish;

(3) Garbage;

(4) Recyclables (including source separated recyclable materials);

(5) Organic waste (including green waste, yard waste and agricultural solid waste);

(6) Bulky waste, including white goods;

(7) Construction and demolition wastes; and

(8) Commercial, industrial, institutional and residential solid wastes.

(b) "Solid waste," as of the effective date of the amendment of this section in 2014, does not include, without limitation and by way of example, any of the following wastes:

(1) Hazardous waste;

(2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code);

(3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code);

(4) Universal waste, as designated by the California Department of Toxic Substances Control, including materials listed in 22 CCR 66261.9, such as batteries, thermostats, lamps, cathode ray tubes, computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, video cassette players/recorders, compact disc players/recorders, calculators, some appliances, aerosol cans and certain mercury-containing devices;

(5) "E-waste," which is waste that is powered by batteries or electricity, such as computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, video cassette players/recorders, compact disc players/recorders, and calculators; and

(6) "CEDs," which are covered electronic devices as defined in Public Resources Code Section 42463 and include, without limitation and by way of example, the following: cathode ray tube (CRT) device (including television and computer monitor), LCD desktop monitor, laptop computer with LCD display, LCD television, plasma television, and any other "covered electronic devices" listed in the regulations adopted by the California Department of Toxic Substances Control pursuant to California Health and Safety Code Section 25214.10.1(b)."

(Ord. No. 3844, § 10, 2-11-03: Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4019, § 1, 4-13-10; Ord. No. 4088, § 28, 11-4-14; Ord. No. 4217, § 17, 5-10-22)

"Solid waste facility or facilities" means "solid waste facility" as defined in Public Resources Code Section 40194 and any other facility identified by the County Solid Waste Manager, including, but not limited to, the Neal Road Recycling & Waste Facility, sometimes referred to as the Neal Road Landfill.

(Ord. No. 3844, § 11, 2-11-03)

(Ord. No. 4019, § 1, 4-13-10)

"Solid waste hearing panel (SWHP)" means a hearing panel established by the Butte County Board of Supervisors pursuant to Butte County Code Chapter 31A.

(Ord. No. 3336, § 2, 5-27-97)

Editor's note— Ord. No. 4088, § 29, adopted November 4, 2014, repealed § 31-11.510, in its entirety. Former § 31-11.510 pertained to solid waste collector, collector, or licensee and was derived from Ord. No. 3336, § 2, adopted May 27, 1997.

"Solid waste manager" or "SWM" means the county official or employee given specified administrative responsibility under this chapter. The solid waste manager or SWM is also known as Deputy Director of the Department of Public Works, Waste Management Division or his or her designee.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4019, § 1, 4-13-10; Ord. No. 4217, § 18, 5-10-22)

"Solid waste management" means either or both of the following:

(a) Solid waste handling, as defined in Public Resources Code Section 40195; and

(b) Solid waste disposal, as defined in Public Resources Code Section 40192.

(Ord. No. 4019, § 1, 4-13-10)

Editor's note— Ord. No. 4088, § 30, adopted November 4, 2014, repealed § 31-11.520.2, in its entirety. Former § 31-11.520.2 pertained to solid waste management and recycling plan and was derived from Ord. No. 4019, § 1, April 13, 2010.

"Source separated recyclable materials" means recyclable materials that meet all of the following requirements:

(a) The generator or owner sorts and removes them from solid waste for collection in separate containers and reuse, recycling, composting or other diversion from landfill disposal authorized by the County Solid Waste Manager;

(b) They contain no putrescible solid waste, as demonstrated to the satisfaction of the County Solid Waste Manager; and

(c) They contain less than five (5) percent of total weight in contaminating solid waste that cannot be reused, recycled, composted or otherwise utilized, as demonstrated to the satisfaction of the County Solid Waste Manager.

(Ord. No. 4019, § 1, 4-13-10; Ord. No. 4088, § 31, 11-4-14)

"Source separation" means the segregation, by the waste generator, of materials designated for separate collection for some form of materials recovery, recycling, or special handling.

(Ord. No. 3336, § 2, 5-27-97)

"Street refuse" means materials picked up by manual or mechanical sweeping of alleys, streets, or sidewalks, litter from public litter receptacles, and material removed from storm drain systems.

(Ord. No. 3336, § 2, 5-27-97)

"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following:

1. Supermarkets with gross annual sales of two million dollars ($2,000,000.00) or more.

2. Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.

3. Food service provider.

A. Wholesale food vendor.

B. Food distributor.

(Ord. No. 4217, § 19, 5-10-22)

"Tier two commercial edible food generator" means a commercial edible food generator that is one 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 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.

5. Large event means an event including, but not limited to, a sporting event, flea market, festival, that charges an admission prices or is operated by the 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.

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.

7. A local education agency facility with an on-site food facility.

(Ord. No. 4217, § 20, 5-10-22)

"Uncontrollable circumstances" means any act, event or condition beyond the reasonable control of a licensee and not the result of the licensee's willful or negligent action or inaction, which materially and adversely affects the ability of the licensee to perform.

(Ord. No. 3844, § 12, 2-11-03)

"Variable can rate" means disposal rates structured to reflect increases in costs for additional disposal containers.

(Ord. No. 3336, § 2, 5-27-97)

Editor's note— Ord. No. 4088, § 32, adopted November 4, 2014, repealed § 31-11.560, in its entirety. Former § 31-11.560 pertained to waste collection and recycling plan and was derived from Ord. No. 3336, § 2, adopted May 27, 1997.

"Waste container or waste can" means a sealable or closeable container, acceptable to the licensee, in which residential solid waste is deposited. This does not include a container in which recyclable materials are placed.

(Ord. No. 3336, § 2, 5-27-97)

"White goods or major appliances" means any domestic or commercial appliance including but not limited to a washing machine, clothes dryer, hot water heater, dehumidifier, conventional oven, microwave oven, stove, refrigerator, freezer, air-conditioner, trash compactor, and residential furnace.

(Ord. No. 3336, § 2, 5-27-97)

"Yard waste" means green waste discarded from landscapes, whether residential, commercial or industrial, such as leaves, grass clippings, weeds and branches.

(Ord. No. 4019, § 1, 4-13-10)