Chino Hills Municipal Code Art. I Definitions

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by Title 30, Part 1, Chapter 2 of the Public Resources Code, Sections 40105-40200, and the regulations of the California Integrated Waste Management Board.

"Act" means the California Integrated Waste Management Act of 1989, as it may be amended from time to time.

"Authorized recycling contractor," as used in this chapter means a person, firm, partnership, corporation, or other entity authorized to collect recyclable materials in the City.

"Back-haul" means generating and transporting recyclable materials and/or 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).

"Bin" means a rigid container with hinged lids and wheels with a capacity of at least one (1) cubic yard and less than ten (10) cubic yards.

"Blue container" has the same meaning as in 14 CCR Section 18982.2(a) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.

"Brown container" has the same meaning as in 14 CCR Section 18982.2(a) and shall be used for the purpose of storage and collection of source separated food waste.

"Brown goods," "electronic waste," or "e-waste" means electronic equipment and includes, but is not limited to, stereos, televisions, computers and computer monitors, cellular phones, fax machines, household copiers, computer printers, other items with electric plugs that are banned from disposal.

"Bulky items" means solid waste that cannot and/or would not typically be accommodated within a cart including specifically: furniture (including chairs, sofas, mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as "white goods"); residential wastes (including wood waste, tree branches, scrap wood, debris from building remodeling, rocks, sod and earth); electronic equipment (including stereos, televisions, computers and monitors, microwaves and other similar items commonly known as "brown goods" and "e-waste"); universal waste, "u-waste," (including, but not limited to batteries, thermostats, lamps; and cathode rate tube materials); and clothing. Bulky items do not include car bodies, tires, construction and demolition debris, or items requiring more than two (2) persons to remove. Other items not specifically included or excluded above will be collected provided that they are not more than eight (8) feet in length, four (4) feet in width, or more than one hundred fifty (150) pounds. In the event a question ever arises as to whether a specific item or category of items meets the definition of bulky items, City shall be responsible to determine whether said definition shall apply, which determination shall be final and binding.

"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 CCR).

"CalRecycle" means the State of California's Department of Resources Recycling and Recovery.

"Cart" means a polyethylene wheeled container with a hinged lid and wheels serviced by an automated or semi-automated truck with a capacity of no less than thirty (30) and no greater than one hundred one (101) gallons.

"City" means the City of Chino Hills, California, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing, and all geographic areas which may be added or annexed to the City.

"City Manager" means an individual having that title in the employ of the City of Chino Hills or the City Manager's duly authorized representative.

"Civic litter modules" means City-owned receptacles located in public areas for disposal of waste generated by the public.

"Collect" or "collection" means to take physical possession, transport, and remove solid waste within and from City.

"Collector" means a contractor, including franchisees, which has made arrangements for the collection of solid waste, recyclables, or organic materials.

"Commercial" refers to services performed at or for commercial premises.

"Commercial bins" means bins provided by a collector, usually three (3) cubic yards or greater capacity designed for the deposit of solid waste, recyclables, or organic materials, charged at commercial rates.

"Commercial edible food generators" includes tier one (1) commercial edible food generators and tier two (2) commercial edible food generators, or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.

"Commercial premises" means premises in the City upon which business activity is conducted, including, but not limited to, multifamily dwelling units utilizing common or shared bins, retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding residential premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. All premises upon which the following uses are occurring shall be deemed to be commercial premises: stores, restaurants; rooming houses; hotels; motels; offices; manufacturing, processing, or assembling shops or plants; hospitals; clinics; nursing homes; convalescent centers; dormitories; barracks; and card rooms.

"Compactor" means a mechanical apparatus that compresses materials together with the container that holds the compressed materials or the container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two (2) to eight (8) cubic yard bin compactors serviced by front-end loader collection vehicles and ten (10) to fifty (50) cubic yard drop box compactors serviced by roll-off collection vehicles.

"Compliance review" means a review of records by a City to determine compliance with this chapter.

"Computer compatibility" means the ability to export and import digital data between computers without writing a custom translation software.

"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 seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

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

"Compostable plastics" or "compostable plastic" 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).

"Construction and demolition debris" or "C&D material," means any combination of inert building materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations as defined in California Code of Regulations, Title 22 Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging; roofing material, ceramic tile, carpeting, plastic pipe and steel. The material may be commingled with rock, soil, tree stumps; and other vegetative matter resulting from land clearing and landscaping for construction or land development projects.

"Container" means any bin, cart, compactor, split container, or roll-off box used for collecting solid wastes, recyclables, or organic materials for removal.

"Contractor" means a person, persons, local agency, firm, corporation or other entity franchised, authorized, permitted, or licensed by the City to make arrangements with generators for the collection of solid wastes, recyclable materials and/or organic materials within the City.

"Customer" means the person having the care and control of any premises in the City receiving collection service from the franchisee pursuant to the terms of this chapter.

"Designated recycling collection location," as used in this chapter, means the place designated by the arrangement between the franchisee and its customers from which the authorized recycling contractor has contracted to collect recyclables. This location may be, but the City does not require that it be, at the curbside of a residential neighborhood or the service alley of a commercial enterprise.

"Designated waste" means non-hazardous waste which may pose special disposal problems because of its potential to contaminate the environment, and which may be disposed of only in class ii disposal sites or class iii disposal sites pursuant to a variance issued by the California Department of Health Services. Designated waste consists of those substances classified as designated waste by the California Water Code Section 13173 as may be amended from time to time.

"Designee" means an entity that a 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. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

"Discarded materials" are included in the definition of solid waste and shall be regulated as such. For purposes of this chapter, material is deemed to have been discarded, without regard to whether it is destined for recycling or disposal, and whether or not it has been separated from other solid wastes, in all cases where a fee or other compensation, in any form or amount, is directly or indirectly solicited from, or is levied, charged, or otherwise imposed on, or paid by, the generator or customer in exchange for handling services. As used herein, handling services include, without limitation, the collection, removal, transportation, delivery, and processing and/or disposal of the material. Discarded materials do not include edible food that is recovered for human consumption and is not discarded. For the purposes of this chapter, discarded materials include source separated recyclable materials, organic waste, food waste, refuse container waste or mixed waste, and C&D once the materials have been placed in containers for collection. Materials that have commercial value and which are sold for compensation or donated are not considered discarded.

"Disposal" means the ultimate disposition of solid waste collected at a disposal facility or otherwise in full regulatory compliance.

"Disposal site(s)" means the solid waste handling facility or facilities utilized for the ultimate disposal of solid waste collected by franchisee.

"Divert" or "diversion" (or any variation thereof) means to prevent discarded materials from disposal at disposal facility 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, subsequent to the provisions of AB 939. Diversion is a broad concept that is to be inclusive of material handling and processing changes that may occur over time including, but not limited to, changes in standard industry practice or implementation of innovative (but not necessarily fully proven) techniques or technology that reduce disposal risk, decrease costs and/or are for other reasons deemed desirable by the City.

"Edible food" means food intended for human consumption. Edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter requires or authorizes the 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.

"Electronic waste" or "e-waste" means electronic equipment and includes, but is not limited to, stereos, televisions, computers and computer monitors, cellular phones, fax machines, household copiers, computer printers, other items with electric plugs that are banned from disposal, and other similar items commonly known as "brown goods."

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

"Excluded waste" means hazardous substance, hazardous 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 ordinance, including land use restrictions or conditions, waste that cannot be disposed of in class ill 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 waste does not include used motor oil and filters, or household batteries when properly placed for collection by franchisee as set forth in this chapter.

"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 which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

"Food recovery organization" means an entity that primarily 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:

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

B. A nonprofit charitable organization; and,

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

"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 scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

"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 compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

"Food waste" means source-separated food scraps, food-soiled paper, and compostable plastics, food waste is a subset of source separated green container organic waste.

"Franchise" means the right and privilege: (1) to make arrangements for the collection of and to collect, (2) to transport to a disposal facility or other licensed disposal facilities and/or (3) to recycle or process from collected solid waste and recyclables all solid waste, including recyclables and organic materials, kept, generated and/or accumulated within the City from the franchise area. Any franchise is subject to all of the provisions and to any rights held by any other solid waste enterprise which may hold rights pursuant to Public Resources Code Section 49520.

"Franchise fee" means the fee or assessment imposed by the City on franchisee because of its status as franchisee.

"Franchisee" means the solid waste, recyclable materials, and organics material collector and processor designated by the City by an executed franchise agreement, and includes its officers, directors, employees, agents, companies, affiliates, DBAs, and subcontractors.

"Generator" means any person or other entity whose act first causes discarded materials to become subject to regulation under federal, state, or local regulations.

"Gray/black container" has the same meaning as in 14 CCR Section 18982.2(a) and shall be used for the purpose of storage and collection of solid waste or mixed waste.

"Green container" has the same meaning as in 14 CCR Section 18982.2(a) and shall be used for the purpose of storage and collection of source separated green container organic 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).

"Gross revenues" means any and all revenue or compensation in any form derived directly or indirectly by the franchisee, its affiliates, or their subsidiaries, or other affiliates of franchisee in which the franchisee has a financial interest, for the collection of refuse, recyclables, and organic materials pursuant to a franchise, permit, or license including, but not limited to, monthly customer fees for collection of refuse and recyclables, special pickup fees, bin and drop box rental and collection fees, fees for redelivery of bins and drop boxes, and revenue from the sale of recyclables, without subtracting franchise fees or any other cost of doing business.

"Hazardous material" or "hazardous waste" is defined to include any hazardous or toxic substance, material or waste, or a mixture of wastes, which is or becomes regulated by any local governmental authority, the State of California, or the United States Government. The term "hazardous material" includes, without limitation, any material or substance which is: (i) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (ii) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (iii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (iv) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Sections 25501(j) and (k) and 25501.1 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (v) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (vi) "used oil" as defined under Section 25250.1 of the California Health and Safety Code; (vii) asbestos; (viii) listed under Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations; (ix) defined as waste or a hazardous substance pursuant to the Porter-Cologne Act, Section 13050 of the California Water Code; (x) designated as a "toxic pollutant" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. Section 1317; (xi) defined as " hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. § 6903); (xii) defined as a "hazardous substance" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 6901); (xiii) defined as "hazardous material" pursuant to the Hazardous Materials Transportation Act 29 U.S.C. Section 5101, et seq.; or (xiv) defined as such or regulated by any "superfund" or "superlien" law, or any other federal, state or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning hazardous materials and/or oil wells and/or underground storage tanks and/or pipelines, as now, or at any time hereafter, in effect.

"High diversion organic waste processing facility" means a high diversion organic waste processing facility as defined in 14 CCR Section 18982(a)(33). Per SB 1383, the high diversion organic waste processing facility is 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.

"Household hazardous waste" or "HHW" means material used in residences that may threaten human health or the environment when improperly discarded and usually has one (1) or more of the following characteristics: flammable, toxic, corrosive, and/or reactive.

"Incompatible material" or "incompatibles" mean(s) human-made inert material, including, but not limited to, glass, metal, plastic, and also includes organic waste that the receiving end-user, facility, operation, property, or activity is not designed, permitted, or authorized to perform organic waste recovery activities as defined in 14 CCR Section 18983.1(b), or as otherwise defined by 14 CCR Section 17402(a)(7.5).

"Inerts" means materials such as concrete, soil, asphalt, and ceramics.

"Inspection" means a site visit where a City representative and/or designee reviews records, containers, and an entity's collection, handling, recycling, or disposal of recyclable materials, organic waste, solid waste/mixed 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. 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.

"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 of the venue facility. For purposes of 14 CCR, Division 7, Chapter 12 and this chapter, 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 14 CCR, Division 7 Chapter 12 and this chapter, 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.

"Local education agency" means a school district, charter school, or county office of education that is not subject to the control of City or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

"Materials recovery facility" means a permitted solid waste facility where solid wastes or recyclable materials are sorted or separated for the purposes of recycling, processing, or composting.

"Mixed waste" means mixed organic waste collection stream and solid waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2, or 18984.3 to be transported to a high diversion organic waste processing facility.

"Mulch" means a layer of material applied on top of soil, and, for the purposes of this chapter, mulch shall conform with the following conditions, or conditions as otherwise specified in 14 CCR Section 18993.1(f)(4):

A. Meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).

B. Was produced at one or more of the following types of facilities:

1. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)( 12), that is permitted or authorized under Division 7 of Title 14 of the CCR, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10);

2. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Section 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR, Division 7, Chapter 12; or,

3. A solid waste disposal facility as defined in PRC Section 40195.1 that is permitted under 27 CCR, Division 2.

"Multifamily premises" or "multifamily dwelling units" means any residential premises that generally receive collection service through the use of shared bins, but may use carts. Service is not dependent upon unit count unless specifically stated.

"Non-compostable 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).

"Non-organic recyclables" means non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). Nonorganic recyclables are a subset of source separated recyclable materials.

"Organic materials" means yard waste and food waste, individually or collectively. No discarded material shall be considered to be organic materials, however, unless it is separated from recyclable material and solid waste. Organic materials are a subset of organic waste.

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

"Person" means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County of San Bernardino, towns, cities, and special purpose districts.

"Premises" means any land or building in City where solid waste is generated or accumulated.

"Process," "processed" or "processing" (or any variation thereof) means the controlled separation, recovery, volume reduction, conversion, or recycling of solid waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).

"Prohibited container contaminants" means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the City's blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the City's green container; (iii) discarded materials placed in the gray/black container that are acceptable source separated blue container materials and/or source separated green container organic waste to be placed in City's blue container or green container; discarded materials placed in the brown container other than source separated food waste, and (v) excluded waste placed in any container.

"Putrescible waste" means 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, but not limited to food waste, offal, and dead animals; or as otherwise defined in 14 CCR Section 17402(a)(21).

"Recyclable materials" or "recyclables" means those discarded materials that the generators set out in blue containers for collection for the purpose of recycling by the franchisee and that exclude excluded waste. No discarded materials shall be considered recyclable materials unless such material is separated from organic materials, and solid waste. Recyclable materials shall include, but not be limited to: newspaper (including inserts, coupons, and store advertisements); mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, tabletop beverage containers, cereal, and other similar food boxes yet excluding paper tissues, paper towels, paper with plastic coating, paper contaminated with food, wax paper, foil-lined paper and cartons, Tyvex non-tearing paper envelopes); chipboard; corrugated cardboard; glass containers of any color (including brown, clear, and green glass bottles and jars); aluminum (including beverage containers and small pieces of scrap metal); steel, tin, or bi-metal cans; mixed plastics such as plastic containers (no. one (1) to seven (7)), except expanded Polystyrene (EPS); bottles including containers made of HDPE, LDPE, or PET; film plastic (when clean, dry, and contained inside of a plastic bag); dry cell household batteries when placed on the recycling cart in a sealed heavy-duty plastic bag; and, those materials added by the franchisee from time to time.

"Recycling" or "recycle" as used in this chapter, means the process of collecting, sorting, cleansing, treating, and reconstituting materials for the purpose of returning 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. Recycling includes a processes deemed to constitute a reduction of disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.

"Refuse" means solid waste or debris, except sewage, construction and demolition debris, recyclable materials, and/or organic waste placed in source-separated containers for collection.

"Remote monitoring" means the use of cameras on solid waste collection vehicles to visualize the contents of recyclable materials containers, organic materials containers, and solid waste containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants. If utilized by a contractor, remote monitoring must be conducted in a manner that ensures monitoring is limited only to the transfer of material from solid waste containers to the solid waste collection vehicle.

"Residential" includes residential premises, multifamily premises, including apartments and condominiums, but does not include hotels or motels.

"Residential premises" or "residential dwelling units" means a detached building, or each unit of a multifamily premises, in which the residents utilize one (1) or more carts or trash cans, but not a common or shared bin, for the temporary accumulation and collection of solid waste.

"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).

"Roll-off box" means solid waste collection containers of ten-cubic yards or larger.

"Route review" means a visual inspection of containers along a collection 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 on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added 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. For the purposes of this Chapter, SB 1383 specifically refers to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.

"Self-hauler" or "self-haul" means a person, excluding persons residing at residential premises, who hauls discarded materials, recovered material, or any other material, to another person, or as otherwise defined in 14 CCR Section 18982(a)(66). Self-hauler also includes a person who back-hauls waste, as defined in 14 CCR Section 18982(a)(66)(A).

"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 waste, C&D, 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 Section 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 materials, including commingled recyclable materials, that have been separated or kept separate from the refuse stream, at the point of generation, for the purpose of additional sorting or processing of 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 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 solid waste/mixed waste and other solid waste for the purposes of collection and processing.

"Source separated blue container organic waste" or "SSBCOW" means source separated organic waste that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in 14 CCR Section 18982(a)(43); or as otherwise defined by 14 CCR Section 17402(a)(18.7). SSBCOW is a subset of organic waste.

"Source separated green container organic waste" or means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles. Source separated green container organic waste is a subset of organic waste.

"Source separated recyclable materials" means source separated non-organic recyclables and source separated blue container organic waste.

"Split container" or "split-container" means a container that is split or divided into segregated sections, instead of an entire container, or as otherwise specified in 14 CCR, Division 7, Chapter 12, Article 3.

"State" means the State of California.

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), 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, each as defined in 14 CCR Section 18982:

A. Supermarket.

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

C. Food service provider.

D. Food distributor.

E. 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, each as defined in 14 CCR Section 18982:

A. 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.

B. Hotel with an on-site food facility and two hundred (200) or more rooms.

C. Health facility with an on-site food facility and one hundred (100) or more beds.

D. Large venue.

E. Large event.

F. 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.

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

If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.

"Transformation" means incineration, pyrolysis, distillation, gasification, or biological conversion other than composting. "Transformation" does not include composting.

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

"Transportation" or "transport" means the act of conveying collected materials from one (1) location to another.

"Universal waste" or "U-waste" means all wastes defined by 22 CCR Subsections 66273.1 through 66273.9. These include, but are not limited to, batteries, fluorescent light bulbs, mercury switches, and electronic waste.

"White goods" means discarded enameled household appliances, such as refrigerators, stoves, washer/dryers, water heaters, dishwashers, etc., and similar items produced as refuse from residential premises.

"Yard waste" means leaves, grass clippings, brush, branches, and other forms of organic waste generated from landscapes or gardens, which have been source separated from other solid waste. Yard waste is a subset of organic waste and excludes hazardous materials.

(Ord. 92-15 §§ 16.01.005—16.01.180; Ord. No. 377, § 3(Exh. A), 11-23-2021)