City of Industry Municipal Code Art. I Definitions; Integrated Waste Management Procedures

For the purposes of this chapter the following words and phrases shall have the meanings respectfully ascribed to them, unless it shall appear from the context that they have a different meaning. Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by Division 30, Part 1, Chapter 2 of the Public Resources Code, Sections 40105—40201, and the regulations of the California Integrated Waste Management Board.

"AB 1826"

means Assembly Bill 1826 approved by the Governor in October 2014, requires businesses that generate a specified amount of organic waste per week to arrange for recycling services for that waste, and for local agencies to implement a recycling program to divert organic waste from businesses subject to the law, as well as report to CALRecycle on their progress in implementing an organic waste recycling program (codified by Public Resources Code, Section 42649.8 et seq.).

"AB 341"

means AB 341 (Chesbro, Chapter 476, Statutes of 2011), which sets forth the requirements of the statewide mandatory commercial recycling program (codified by Public Resources Code, Sections 40004, 41730, 41731, 41734—41736, 41780.01, 41780.02, 41800, 42649—42649.7, 42926, 44004, 50001).

"Act" or "AB 939"

means the California Integrated Waste Management Act of 1989, as may be amended, in the Public Resources Code Section 40000 et seq. and implementing regulations of the California Integrated Waste Management Board.

"Bale"

means the process of compacting by pressure resulting in a homogenous mass of like composition bound together by straps or wire.

"Bin"

means containers, whether residential, multi-family residential, commercial, industrial, or institutional, provided for temporary accumulation and collection of solid waste for removal from all premises located within the city. Bins include, but are not limited to, solid waste containers with capacity of at least one cubic yard and roll-off type service containers.

"Blue container"

means a container where either: (1) the lid of the container is blue in color; or (2) the body of the container blue in color and the lid is blue in color.

"C&D diversion requirement"

means the percentage of C&D debris for each project that must be diverted from landfills.

"C&D generator"

means a residential or commercial entity that produces construction and demolition debris.

"CALRecycle"

means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on local agencies.

"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.

"City"

means the city of Industry and all of the territory lying within the municipal boundaries of the city as presently existing, including all federal facilities and all geographic areas which may be added or annexed to the city.

"City manager"

means an individual having the title in the employ of the city or the city manager's authorized designee.

"Collection"

means the act of collecting solid waste, at or near the place of generation or accumulation.

"Collection vehicle"

means the vehicle utilized in the collection, transportation, storage, transfer, or processing of solid waste or recyclable solid waste.

"Collector"

means a solid waste collector with a written franchise, contract or permit for the collection of solid waste, issued as set forth in this chapter, including salvaging or salvage collecting.

"Commercial business" or "commercial"

means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.

"Commercial collection"

means the regularly scheduled removal of solid waste from commercial property by the city's authorized franchisee.

"Commercial edible food generator"

includes a tier one or a tier two commercial edible food generator as defined in Article VII of this chapter or as otherwise defined in 14 CCR Sections 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).

"Commercial property"

means non-residential unit including, but not limited to, a place of business, hotel, restaurant, office building, shop, store, hospital, auto court, industrial property, including a place of manufacture, production or fabrication, warehouse, and residential units containing five or more family residential units.

"Commercial solid waste"

means solid waste generated by commercial units.

"Compliance review" or "compliance"

means a review of records by the city to determine compliance with this chapter.

"Compost"

has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

"Construction"

means the building of any facility or structure or any portion thereof including any tenant improvement or renovation to an existing facility or structure.

"Construction and demolition debris" or "C&D"

means bricks, stones, mortar, concrete, asphaltic concrete, wood, or other debris including used or discarded materials removed from premises during construction, renovation, remodeling, repair, or demolition operations including the demolition of buildings or structures.

"Construction waste management plan" or "CWMP"

means a completed construction waste management plan form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered or noncovered project.

"Container contamination" or "contaminated container"

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

"Conversion factor" or "conversion rate"

means the rate set forth in the standardized conversion rate table approved by the city pursuant to this chapter for use in estimating the volume or weight of materials identified in the construction waste management plan.

"Covered projects"

means a project where, prior to beginning any construction or demolition activities, the applicant shall submit a construction waste management plan to the CWMP compliance official and shall be subject to all applicable provisions of this chapter. Failure to comply with any of the terms of this section shall subject the project applicant to the full range of enforcement mechanisms set forth in this chapter.

"Curbside collection"

means the regularly scheduled collection of solid waste from bins as specified herein.

"CWMP compliance official"

means the city manager or his or her designee authorized and responsible for implementing this chapter.

"Deconstruction"

means to disassemble any facility, structure or building, whether in whole or in part, whether interior or exterior, piece by piece in order to salvage the parts.

"Demolition"

means the disseminating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior, including, but not limited to, soft demolition such as that associated with remodeling or the replacement of roofs.

"Designee"

means an entity that the city contracts with or otherwise arranges to carry out any of the jurisdiction'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.

"Divert"

means to use material for any lawful purpose other than disposal in a landfill or transformation facility.

"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.

"Enforcement action"

means an action of the city to address noncompliance with this chapter, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"Excluded waste"

means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the jurisdiction and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or chapter, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the jurisdiction, or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the jurisdiction, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

"Food distributor"

means a company that distributes food to entities, including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

"Food facility"

has the same meaning as in Section 113789 of the Health and Safety Code.

"Food recovery"

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

"Food recovery organization"

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:

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

A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and

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

"Food recovery service"

means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"Food scraps"

means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food 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"

is 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 food scraps and food-soiled paper.

"Franchise"

means the right of a person or entity to make arrangements for the collection and transportation of solid waste, recyclable material and recyclable solid waste to landfills, transformation facilities, material recovery facility or other licensed solid waste management facilities, and/or the ability to extricate recyclable material from all solid waste including recyclable solid waste and green waste, or composting material.

"Franchise fee"

means the fee or assessment imposed by the city on a collector because of its status as a collector.

"Generator"

means a person or entity that generates any form of solid waste, organic waste, green waste, or recyclable materials.

"Gray container"

means a container where either: (1) the lid of the container is gray or black in color; or (2) the body of the container is entirely gray or black in color and the lid is gray or black in color.

"Green container"

means a container where either: (1) the lid of the container is green in color; or (2) the body of the container is green in color and the lid is green.

"Green waste"

means leaves, grass clippings, brush, branches and other forms of organic matter generated from landscapes and gardens and incidental pieces of untreated and unpainted scrap lumber no longer than twenty-four inches and containing no metal objects, separated from other forms of solid waste. Green waste also includes holiday trees from which all tinsel, flock, base attachments and ornaments have been removed. Green waste does not include stumps or branches exceeding six inches in diameter or two feet in length, palm fronds, yucca, food waste, manure, dirt, rocks, garbage or any other form of solid waste which are not suitable for composting.

"Grocery store"

means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

"Hauler route" or "route"

means the designated itinerary or sequence of stops for each segment of the jurisdiction's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

"Hazardous waste"

means: (1) all waste defined or characterized as hazardous waste by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) in 42 U.S.C. Section 6903(5) as amended from time to time, and all implementing regulations; (2) all waste defined or characterized as a hazardous substance pursuant to the provisions of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. ("CERCLA" or "Superfund"), as in 42 U.S.C. Section 9601(14), may be amended from time to time, and all implementing regulations; and (3) all waste defined or characterized as hazardous waste by agencies of the state of California (including, without limitations, the Department of Health Services, the Department of Toxic Substances Control and the California Integrated Waste Management Board) having jurisdiction over solid and hazardous waste. The term "hazardous waste" means, in addition to any substance included in any of the foregoing categories, those substances which are not normally permitted to be disposed of by generally accepted, sanitary landfill disposal methods, but which may be contained in solid waste streams. In the event of a conflict in the definitions employed by two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste, the broader, more encompassing definition shall apply.

"High diversion organic waste processing facility"

means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

"Inspection"

means a site visit where a jurisdiction reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

"Jurisdiction"

means the city of Industry, or the area within the territorial limits of the city of Industry, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

"Jurisdiction enforcement official"

means the city manager, county administrative official, chief operating officer, executive director, or other executive in charge or their authorized designee(s) who is/are partially or whole responsible for enforcing the chapter. See also "regional or county agency enforcement official."

"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 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 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. 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.

"Mixed waste"

means organic waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility.

"Multi-family residential dwelling" or "multi-family"

means of, from, or pertaining to residential premises with five or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

"MWELO"

refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

"Non-covered project"

shall have the meaning set forth in Section 8.20.590 of this chapter.

"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 or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

"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).

"Paper products"

include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

"Printing and writing papers"

include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

"Permittee"

means any individual, partnership, joint venture, unincorporated private organization or private corporation who has been issued a permit by the city to conduct salvage and recycling activities as well as those permits issued to salvage generators.

"Person"

means any individual, partnership, joint venture, unincorporated private organization, or private corporation.

"Prohibited container contaminants"

means the following:

Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the jurisdiction's blue container;

Discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the jurisdiction's green container;

Discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in jurisdiction's green container and/or blue container; and

Excluded waste placed in any container.

"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 materials that have been source separated from the solid waste stream prior to collection or disposal at a landfill, which may be used or reused in the form of materials for new, used or reconstituted products that meet the quality standards necessary to be used in the marketplace. Recyclable materials includes any source-separated single-category materials identified by the city manager for which a market or value exists, including, but not limited to: cans, cardboard, glass, newspaper, metal containers, paper, plastic bottles and containers, plastic film, as well as organic or compostable materials such as green waste, yard waste or food waste. Recyclable materials are a material which has commercial value and which is sold or donated to an entity other than a solid waste collector. Recyclable materials are commodities and are not part of the solid waste stream. Recyclable materials lose their character as recyclable materials upon being disposed of in the waste stream and become solid waste subject to this chapter. If the seller or donor of recyclable material pays the buyer or donor, including any solid waste collector, any consideration for collecting, processing, recycling, transporting or disposing of "recyclable material" or for providing consultation or other services, the transaction shall not be regarded as a sale or donation of "recyclable material," but as an arrangement for the disposal of solid waste subject to this chapter. Recyclable material shall be deemed to be contaminated if the container into which it has been placed contains more than one percent non-recyclable material, or any amount of hazardous waste.

"Recyclable material bins"

means a bin, vessel, can, or other receptacle used for accumulating and collecting recyclable material.

"Recycle" or "recycling"

means the act or process of segregating, transporting, collecting, sorting, cleansing, treating, or reconstituting materials that would otherwise be discarded and returning them for use or reuse in the form of materials for new, used or reconstituted products which meet the quality standards necessary to be used in the marketplace.

"Refuse"

means solid waste.

"Renovation" or "remodel"

means any change, addition, or modification of more than one thousand square feet in an existing structure.

"Residential property"

means every lot in the city upon which one or more but not more than four dwelling units is situated, including planned development projects and any other parcel which has been improved with a so-called "duplex" or "triplex" residential dwelling unit designated and used as living quarters by human beings. Residential units shall not include hotels, motels, lodge halls, clubs, tourist camps, trailer camps, churches, commercial and industrial establishments, or any other lot containing more than four dwelling units or upon which commercial or industrial occupation is conducted.

"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).

"Salvage"

means refuse for which a permit to treat as salvage has been obtained under this chapter and which includes recyclable material. Salvage is source separate recyclable materials, consisting of source separated commingled recyclable materials, sources separated recyclable materials and source separated single-category recyclable materials.

"Salvage collector"

means any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing salvage collection services including those who use third party haulers.

"Salvage generator"

means any individual, partnership, joint venture, unincorporated private organization or corporation which created, accumulates, imports or causes to be imported into the city salvage which is sold or given to a salvage collector.

"Salvaging" or "salvage collecting"

means the controlled removal, collection, accumulation, baling or transportation of salvage for utilization.

"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.

"SB 1383 regulations" or "SB 1383 regulatory"

means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CALRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

"Scavenging"

means the unauthorized removal of recyclable material or any other commodity designated by the city to have recyclable properties or value by any person, individual, business, or solid waste entity other than those authorized by the city or established in accordance with this chapter.

"Self-hauler"

means any individual, partnership, joint venture, unincorporated private organization, or private corporation engaged in salvaging which it creates, accumulates, imports or causes to be imported into the city. Any person that self-hauls any solid waste or recyclables within the city without a valid permit, shall be subject to all fines, fees, and penalties identified in this chapter. Back-haul means generating and transporting organic, recyclable or and solid waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

"Single-family"

means of, from, or pertaining to any residential premises with fewer than five units.

"Solid waste"

has the same meaning as defined in state Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

Hazardous waste, as defined in the state Public Resources Code Section 40141.

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

Medical waste regulated pursuant to the state Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the state Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in state Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the state Public Resources Code.

"Solid waste collection services"

means the collection, transportation, storage, transfer, or processing of solid waste or recyclable solid waste for residential, commercial, industrial, or institutional user(s), customers, patrons, or residents.

"Solid waste collector"

means any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste collection services or recycling services.

"Source separated recyclable material" or "source separated single-category recyclable material"

means single type or category of recyclable or organic material that have been separated or kept separate from the solid waste stream, at the point of generation 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. Source separated recyclable material shall be deemed contaminated if the container into which it has been placed contains more than five percent of any other type of material (including, but not limited to, any mixed waste and/or any amount of hazardous waste). If a container is deemed "contaminated" it is therefore considered "solid waste" as defined under this chapter.

"Special waste"

means an item or element of solid waste identified in 22 California Code of Regulations Sections 66261.120, 66261.122, or any other waste which has been classified as special waste by resolution of the city council.

"State"

means the state of California.

"Supermarket"

means a full-line, self-service retail store with gross annual sales of two million 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).

"Third party hauler"

means any commercial carrier or common carrier who transports salvage or recyclable material at the direction, request or hiring of a salvage collector.

"Tier one commercial edible food generator"

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

Supermarket.

Grocery store with a total facility size equal to or greater than ten thousand square feet.

Food service provider.

Food distributor.

Wholesale food vendor.

"Tier two commercial edible food generator"

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

Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.

Hotel with an on-site food facility and two hundred or more rooms.

Health facility with an on-site food facility and one hundred or more beds.

Large venue.

Large event.

A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.

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

"Universal waste" or "u-waste"

reflects the traditional federal concept of identifying processes. In the case of universal wastes, there are supposedly no processes that can be clearly identified as the source of generation because they come from an infinite number of sources. California universal waste includes, but is not limited to:

Batteries.

Includes AAA, AA, C, D, button cell, 9-volt, both rechargeable and single use. These may contain some corrosive or reactive chemicals, as well as toxic heavy metals like cadmium. Automotive type batteries are not universal waste. However, when they become waste, they are banned from the trash.

Fluorescent Lamps and Tubes.

Includes fluorescent tubes, compact fluorescent lamps, metal halide lamps, sodium vapor lamps, high intensity discharge (HID) lamps, and neon bulbs. These lamps contain mercury. Mercury vapor might be released to the environment when they are broken. The mercury from broken lamps in trash bins could find its way to lakes and rivers during rain storms.

Thermostats.

There is mercury inside the sealed glass "tilt switch" of the old-style thermostats (not the newer electronic kind).

Electronic Devices.

Includes televisions and computer monitors, computers, printers, VCRs, cell phones, telephones, and radios. These devices often contain heavy metals like lead, cadmium, copper, and chromium.

Electrical Switches.

Some electrical switches and relays contain mercury. Such mercury switches can be found in some chest freezers, pre-1972 washing machines, sump pumps, electric space heaters, clothes irons, silent light switches, automobile hood and brake lights, and ABS brakes.

Pilot Light Sensors.

Mercury-containing switches associated with pilot light sensors are found in some gas appliances such as stoves, ovens, clothes dryers, water heaters, furnaces and space heaters.

Mercury Gauges.

Some gauges, such as barometers, manometers, blood pressure, and vacuum gauges contain mercury.

Mercury Added Novelties.

Examples include greeting cards that play music when opened; athletic shoes (made before 1997) with flashing lights in soles; and mercury maze games.

Mercury Thermometers.

Mercury thermometers typically contain about a half gram of mercury. Many health clinics, pharmacies and doctor's offices have thermometer exchange programs that will provide new mercury-free fever thermometer in exchange for old ones.

Non-Empty Aerosol Cans that Contain Hazardous Materials—Many products in aerosol cans are toxic.

And many aerosol cans contain flammables, like butane, as propellants for products like paint. If an aerosol can is labeled with words like TOXIC or FLAMMABLE, it should not be placed in the trash unless it is completely empty.

"Vehicle"

means any truck, trailer, or other conveyance or equipment used to collect, haul or transport solid waste, hazardous waste, recyclable material, or recyclable solid waste.

(Ord. 818 § 3, 2022)

The city council finds and determines that the storage, accumulation, collection and disposal of commercial solid waste, construction, demolition and deconstruction waste, green waste, hazardous waste, refuse, solid waste and other discarded matter is of great public concern, in that improper control of such matters may create a public nuisance, or lead to air pollution, fire hazards, insect breeding, rat infestation and other problems affecting the health, welfare and safety of the residents of this and surrounding cities. The city council further finds that the periodic collection of commercial solid waste, construction, demolition and deconstruction waste, green waste, hazardous waste, refuse, solid waste and other discarded matter from all residential and commercial properties within the city and that the letting of one exclusive franchise as well as salvage and other permits, by the city for such collection will provide the most orderly and efficient solution to such problems and promote the public health, safety and welfare and to provide for accurate monitoring for compliance with the act.

(Ord. 818 § 3, 2022)

No person, collector, or salvage collector shall engage in the collection, caring, conveyance, salvage or transportation of any solid waste or recyclable material from or at any location within the limits of the city, without the express written consent of the city council by means of a franchise or permit granted by the city council or, where authorized, the city manager, pursuant to this chapter or other provisions set forth in the city of Industry Municipal Code.

(Ord. 818 § 3, 2022)

Every owner or occupant of any premises in the city shall dispose of the solid waste through the regular solid waste collection service of the collector, and shall pay therefore the rate or rates set by the city a component of which rate shall be applied to the solid waste recovery fund. Every owner or occupant of any premises in the city shall maintain, at minimum, a bin of not less than two cubic yards with collection service occurring not less than one time per week. Arrangements with the collector shall be made by each such owner or occupant for the required collection of solid waste, and such arrangements shall specify the location of the premises, solid waste bin types and sizes, and the frequency of collection. The owner of a single-family dwelling or multi-family dwelling of not more than four units, must by prior agreement with the collector and with the occupants of such dwellings arrange for the individual, joint, or communal use of solid waste bins thereon.

(Ord. 818 § 3, 2022)

It is unlawful and declared to be a public nuisance for any owner or occupant of a residential or commercial premises to permit the accumulation of solid waste to become or remain offensive, unsightly, or unsafe to public health or creates a fire hazard, or to deposit, keep, or accumulate, or permit, or cause any solid waste to be deposited, kept, or accumulated upon any lot or parcel of land, or any public or private place, street, lane, alley, or driveway, except as provided in this chapter. The city manager or authorized designee may take action to abate the nuisance pursuant to the procedures set forth in this code.

(Ord. 818 § 3, 2022)