Diamond Bar Municipal Code Div. 1 Purpose and Definitions

(a) This chapter is adopted in accordance with Article XI, § 7 of the California Constitution and the California Integrated Waste Management Act of 1989 (Public Resources Code § 40000 et seq., as amended from time to time, hereinafter "AB 939"), for the purpose of regulating collection and disposal of solid waste and regulating recycling activities in order to protect the public health, safety, and well-being, control the spread of vectors, promote diversion and reduce the waste stream directed to landfills and limit sources of air pollution, noise and traffic within the city.

(b) The city is obligated by AB 939 to implement plans for solid waste source reduction, reuse, and recycling (including composting) to meet specified achievement milestones.

(c) State recycling law, Assembly Bill 341 of 2011 requires businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires jurisdictions to implement a mandatory commercial recycling program.

(d) State organics recycling law, Assembly Bill 1826 of 2014 requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires the city to implement a recycling program to divert organic waste from businesses subject to the law, and requires the city to implement a mandatory commercial organics recycling program.

(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including the city, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.

(f) SB 1383 further requires the city to adopt and enforce an ordinance to implement relevant provisions of SB 1383 Regulations. The ordinance amending this chapter will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.

(g) Pursuant to the California Constitution, the city is authorized to enact ordinances to protect the public health, safety, and welfare. Pursuant to Public Resources Code Section 40059, aspects of solid waste handling of local concern include, but are not limited to, the frequency of collection, means of collection and transportation, level of service, charges and fees, and whether solid waste services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise, contract, license or permit, and the terms and conditions of such franchise, license or permit.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

The following words and phrases, for the purposes of this chapter, are defined as provided below. Certain definitions shall have the same meaning as established in AB 939, the California Integrated Waste Management Act of 1989, as amended from time to time, and the regulations CalRecycle codified at Title 14 of the California Code of Regulations, Division 7 (commencing with Section 17000), as amended from time to time, which definitions shall take precedence to be consistent with state law and regulations.

AB 939 means the California Integrated Waste Management Act of 1989, Public Resources Code § 40000, et seq., as may be amended from time to time.

AB 939 administrative fee means the fee or assessment set by the city which is intended to offset the city's expenses in administering this chapter and to compensate the city for the costs associated with compliance with AB 939. Any fee or assessment imposed under this chapter, shall be those which the city council may from time-to-time hereafter approve by resolution.

Bin means a metal container with hinged lids and wheels with a capacity of less than ten cubic yards.

Blue container means a container where either: (a) the lid of the container is in blue color, or (b) the body of the container is blue in color and the lid is either blue, gray, or black in color. Hardware such as hinges and wheels on a blue container may be any color. Blue containers shall be used for the purpose of storage and collection of source separated recyclable materials, which includes non-putrescible and non-hazardous recyclable wastes such as cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

Brown container means a container where either (a) the lid of the container is brown in color, or (b) the body of the container is brown in color and the lid is either brown, gray, or black in color. Hardware such as hinges and wheels on a brown container may be any color. Brown containers shall be used for the purpose of storage and collection of food waste when additional segregation of source separated organic waste is required.

Bulky items means solid waste that cannot typically be accommodated within the solid waste container at the premises including without limitation: Furniture (including chairs, sofas, mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items); unusually large amounts of yard debris and green waste and small pieces of wood; and clothing. Bulky items do not include car bodies, construction and demolition waste or items requiring more than two persons to remove, or as otherwise provided in a franchise agreement. Electronic waste may be collected as bulky items if provided for in a franchise agreement.

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 Diamond Bar.

City council or council means the City Council of the City of Diamond Bar.

City manager or manager means the Diamond Bar City Manager or the designee of that individual.

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

Collector means any solid waste enterprise that has: (1) been issued a franchise to provide solid waste collection services in the city; or (2) been issued a limited collection permit to collect waste under this chapter.

Commercial business or commercial means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling. A multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.

Commercial edible food generator includes a tier one or a tier two commercial edible food generator as defined below. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.

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

(1) Supermarket.

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

(3) Food service provider.

(4) Food distributor.

(5) Wholesale food vendor.

(b) Tier two commercial edible food generator means a commercial edible food generator that is one of the following:

(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

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

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

(4) Large venue.

(5) Large event.

(6) A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

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

Commercial premises or commercial property means all occupied real property in the city that contains any land use allowed in the commercial/industrial zoning districts as described in section 22.10.020 of this Code and multi-family dwellings that require commercial solid waste containers (bins and roll-off boxes) to accommodate the waste generated on the premises, but shall not include property occupied by governmental agencies unless such agency consents to its inclusion, and residential premises that require solid waste collection services using residential solid waste containers. Assisted living facilities, convalescent homes, dormitories, extended stay motels, hotels, motels, and any other businesses not specifically listed at which residency is transient in nature shall be classified as commercial premises.

Community composting means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet.

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/demolition hauler means any person or entity that collects construction or demolition waste for disposal at a facility that accepts construction and demolition waste for reuse or recycling pursuant to a limited collection permit issued under this chapter.

Construction/demolition waste means solid waste generated at the premises that is directly related to construction, remodeling or demolition activities occurring thereon including without limitation, any material generally considered to be not water soluble and non-hazardous in nature, such as steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, lumber, rocks, soils, tree remains, trees, and other vegetative matter generated by and discarded in conjunction with a covered construction project.

Construction permittee means any person that applies for and receives a building, grading or demolition permit to undertake a construction, remodeling or demolition project covered within the city.

Construction, remodeling or demolition project means any alteration to a building, structure or landscaping that requires a building, grading or demolition permit in accordance with the municipal code.

Container means any bin, solid waste container, vessel, can or other receptacle used for the temporary accumulation and collection of solid waste.

Covered construction project or covered project means any construction, remodeling or demolition project that is not exempt pursuant to section 8.16.730 and subject to the diversion and reporting requirements in division 6 of this chapter.

Customer means persons, including both owners and occupiers, who receive collection services from a collector at commercial or residential premises.

Disabled means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment as the word is defined in Title 28, Section 35.104 of the Code of Federal Regulations, as amended.

Disposal means the ultimate disposition of solid waste collected by a collector at a landfill, or solid waste disposal facility utilized for the ultimate disposition of solid waste or by any other manner authorized by law, where the waste is not recycled or reused.

Divert, diverted and diversion means any combination of waste prevention, source reduction, recycling, reuse, composting and transformation activities that reduces waste disposed at landfills, provided such activities are recognized by the California Department of Resources, Recovery and Recycling ("CalRecycle") as diversion in its determination of the city's diversion rate and compliance with AB 939. The amount of transformation tonnage that will be considered toward a diversion requirement may be limited in a franchise agreement.

Diversion requirements means the obligations imposed by or upon the city pursuant to state law, ordinance, resolution, policy, plan or program relative to diverting from landfills all, or a portion, of the solid waste stream generated within the city including, without limitation, state mandates to divert a specified percentage of the solid waste generated within the city's jurisdiction, found at Public Resources Code § 41780, as amended.

Edible food means food intended for human consumption. For the purposes of this chapter, 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.

Electronic waste (e-waste) means any discarded electronic product, equipment, or device including without limitation personal computers, monitors, televisions, keyboards, printers, telephones (including cell phones), fax machines, calculators, copiers, video game systems and audio equipment, and other items containing cathode ray tubes (CRTs), LCD or plasma screens and monitors. E-waste also includes discarded electronic equipment with some circuitry such as microwave ovens, stereos, VCR's, DVD players, radios, audio/visual equipment, and other similar items not containing cathode ray tubes (CRTs). E-waste also includes universal waste. For purposes of this chapter, e-waste shall not be considered solid waste, but may be collected as a bulky item or through special collections, if provided for in a franchise agreement.

Electronic waste recycler means a person authorized to recycle electronic waste as defined in Public Resources Code § 42463(i), as amended.

Food distributor means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.

Food recovery means actions to collect and distribute food for human consumption that otherwise would be disposed.

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, including, but not limited to:

(1) A food bank as defined in Health and Safety Code § 113783;

(2) A nonprofit charitable organization as defined in Health and Safety Code § 113841; and,

(3) A nonprofit charitable temporary food facility as defined in Health and Safety Code § 113842.

A food recovery organization is not a commercial edible food generator for the purposes of 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. A food recovery service is not a commercial edible food generator for the purposes of this chapter.

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.

Food waste means all of the following:

(1) Food scraps, including 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; and

(2) Food-soiled paper, including 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; and

(3) Compostable plastics, including plastic materials that meet the ASTM D6400 standard for compostability.

Franchise means the right and privilege granted by the city to collect, dispose, recycle and divert solid waste collected within the city.

Franchise agreement or agreement means the solid waste collection agreement entered into between a solid waste enterprise and the city, and approved by the city council that sets forth all of the rights and obligations of the franchise, consistent with this chapter and state law.

Gray container means a container where either: (a) the lid of the container is gray or black in color, or (b) the body of the container is entirely gray or black in color and the lid is gray or black in color. Hardware such as hinges and wheels on a gray container may be any color. Gray containers shall be used for the purpose of storage and collection of gray container waste.

Gray container waste means solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b).

Green container means a container where either: (a) the lid of the container is green in color, or (b) the body of the container is green in color and the lid is green, gray or black in color. Hardware such as hinges and wheels on a gray container may be any color. Green containers shall be used for the purpose of storage and collection of source separated green container organic waste.

Green waste means any vegetative matter resulting from regular and routine yard and landscaping maintenance or seasonal variations. Green waste includes plant debris, such as tree trimmings, grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, stumps, flowers, plant stalks, wood and other forms of vegetative matter (not more than four inches in diameter or 48 inches in length, unless a larger size is authorized under a franchise agreement).

Green waste processing facility means a permitted facility where green waste is sorted, mulched or separated for the purposes of recycling, reuse or 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.

Gross receipts means any and all revenue received from customer billings, and compensation in any form, of collector or subsidiaries, parent companies or other affiliates of collector, for the collection and transportation of solid waste in the city, in accordance with generally accepted accounting principles, including, but not limited to, customer fees for collection of solid waste, without subtracting disposal fees, city fees or other fees or any other cost of doing business. Gross receipts does not include revenue from the sale of recyclables.

Hazardous waste means any substance or waste materials or mixture of wastes defined as "hazardous," a "hazardous substance" or "hazardous waste" pursuant to California Public Resources Code § 40141, California Health and Safety Code § 25501, § 25501.1, § 25249.8 and § 25281, or identified and listed as hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC § 6901, et seq.), or the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), (42 U.S.C. Sections 9601, et seq.), and all future amendments thereto, and all rules and regulations promulgated thereunder, or as otherwise defined by the EPA, the California legislature, the CalRecycle, the Department of Toxic Substances Control or other agency of the United States Government or the State of California empowered by law to classify or designate waste as hazardous. If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous substance" or "hazardous waste" shall be construed to have the broader, more encompassing definition.

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 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5).

Inspection means a site visit where the city 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.

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 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.

Large venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.

Local education agency means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste.

Mixed waste organic collection stream or 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.

Notice means notice sent by first-class certified mail, facsimile or email delivery if agreed to by the parties under a franchise agreement.

Non-organic recyclables means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass.

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.

Organic waste generator means a person or entity that is responsible for the initial creation of organic waste.

Person includes, without limitation, any individual, firm, co-partnership, general partnership, limited partnership, joint venture, association, entity, corporation or any other group or combination thereof acting as a unit.

Premises means any land, or building in city where solid waste is generated or accumulated.

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 blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the green container; (iii) discarded materials placed in the brown container that are not identified as acceptable source separated food waste for the brown container; (iv) 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 the blue container, green container, and/or brown container; and, (iv) excluded waste placed in any container.

Public works director or director means the diamond bar public works director or the designee of that individual.

Recovery or organic waste recovery means any activity or process described in 14 CCR Section 18983.1(b).

Recyclable materials or recyclables means source separated materials that are intended for recycling and/or capable of being recycled. For the purpose of collection of recyclable materials through a collector, recyclable materials shall be limited to those materials identified in the collector's contract with the city as acceptable recyclable materials.

Recycling means the processing of recyclable materials for the purpose of returning them to the economy in the form of raw materials for new, reused, or reconstituted products. The collection, transportation or disposal of solid waste not intended for, or capable of, reuse is not recycling. Recycling includes the activities of an electronic waste recycler and a green waste processing facility.

Remote monitoring means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

Residential premises or residential property means premises upon which dwelling units exist, including, without limitation, single-family dwellings, multi-family dwellings requiring residential solid waste containers to accommodate the waste generated on the premises, apartments, boarding or rooming houses, condominiums, mobile homes, efficiency apartments, second units, and group homes on residential premises (as that term is defined in title 22 of this Code). Notwithstanding any provision to the contrary herein, in the Diamond Bar Municipal Code, or otherwise, for purposes of this chapter, premises upon which the following uses are occurring shall not be deemed to be residential premises, and rather shall be deemed to be commercial premises: Assisted living facilities, convalescent homes, dormitories, extended stay motels, hotels, motels, and any other businesses not specifically listed at which residency is transient in nature and hence should be classified as commercial premises as determined by city on a case by case basis.

Restaurant means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption.

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

Self-hauler means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste. Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment.

Senior citizen means a person 60 years of age or older who is the head of household and receives collection services at his or her personal residence.

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 § 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 semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

(1) Hazardous waste, as defined in the State Public Resources Code § 40141.

(2) Radioactive waste regulated pursuant to the State Radiation Control Law (State Health and Safety Code, Division 104, Part 9, Chapter 8, commencing with § 114960).

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

(4) Abandoned vehicles or parts thereof.

Solid waste collection services or collection services means the collection, transportation, storage, transfer, disposal, diversion or processing of solid waste by a collector.

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

Source separated means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, source separated shall include separation of materials 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 gray container waste/mixed waste or other solid waste for the purposes of collection and processing.

Source separated green container organic waste 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 carpets, non-compostable paper, and textiles.

Source separated recyclable materials means source separated non-organic recyclables.

SRRE means the source reduction and recycling element of the integrated waste management document for the city prepared and updated pursuant to the California Public Resources Code.

State means the State of California.

Supermarket means a full-line, self-service retail store with gross annual sales of $2,000,000.00, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.

Tonnage report includes a tonnage form or a copy of such form prepared by a collector or an officer or agent of a collector. Tonnage reports shall also include necessary information to verify the report or supplied information.

Transportation or transporting means the process of moving solid waste or recyclables through the city.

Universal waste means those discarded wastes listed in the California Code of Regulations Title 22, Section 66261.9, and includes fluorescent lamps and bulbs, cathode ray tubes, non-empty aerosol cans, instruments and switches that contain mercury, dry cell batteries and batteries containing cadmium copper or mercury.

Waste disposal facility or facility means any landfill, transfer station, incinerator, land reclamation project, or other similar site or facility which is used or intended to be used for the transfer, consolidation, processing or disposal of solid waste.

Weight tickets/invoices means receipts provided by a waste disposal or recycling facility reflecting the net amount of solid waste disposed of by a collector at a collection location.

Wholesale food vendor means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)