Goleta Municipal Code § 8.10.010 Definitions

For the purposes of this section the following words or phrases are defined as follows, unless a different meaning is expressly stated or clear from the context:

"Act"

means the California Integrated Waste Management Act of 1989, California Public Resources Code Section 40000 et seq., as currently in force and as it may hereafter be amended from time to time and as implemented by the regulations of CALRecycle.

"Adequate service"

means the combination of the number of collections, the number of containers, and the size of the containers necessary so as not to cause the accumulation of solid waste outside containers or in excess of level full.

"Blue container"

has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.

"Bulky items"

means large solid waste or other discarded waste that cannot or would not typically be accommodated within a cart, including, but not limited to, furniture (including chairs, sofas, mattresses, and rugs); white goods as they are traditionally recognized in the solid waste industry (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing and small household appliances); e-waste (including stereos, televisions, laptop computers, computers and computer monitors, video cassette recorders and microwaves); fluorescent bulbs; household batteries; and clothing. Bulky items do not include abandoned automobiles, construction and demolition waste or items requiring more than two persons to remove.

"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 California Department of Resources, Recycling and Recovery, or any successor agency.

"CERCLA"

means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601 et seq., as may be amended and regulations promulgated thereunder.

"City"

means the City of Goleta, California, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as may be adjusted.

"City solid waste and recycling receptacle"

means any mixed waste or recyclables can, cart, container, bin, or roll-off located at a City owned facility for the purpose of serving that facility, or any mixed waste or recyclables can, cart, or container placed within the public right-of-way for the purpose of providing incidental solid waste disposal or recycling options for residents, or tourists.

"Collection"

means to take physical possession, transport and remove solid waste, at or near the place of solid waste generation or accumulation, by a solid waste service provider that has made arrangements with the person in charge of day-to-day operations of the premises for the collection of solid waste.

"Commercial business"

means, for purposes of implementing Article V of this chapter, a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling with five or more dwelling units, or as otherwise defined in 14 CCR Section 18982(a)(6).

"Commercial edible food generator"

includes a tier one or a tier two commercial edible food generator as defined in this section 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 premises"

means all premises in the City, other than residential premises, where solid waste is generated or accumulated. The term includes, but is not limited to, stores, offices, Federal, State, County and local governmental buildings and lots, including, but not limited to, schools, school districts, special districts and water districts, restaurants, rooming houses, hotels, motels, offices, manufacturing, processing, or assembling shops or plants, hospitals, clinics, nursing homes, convalescent centers, dormitories, barracks, and card rooms.

"Commercial solid waste"

means all types of solid waste, including mixed waste, green waste and recyclables, generated or accumulated at commercial premises and placed in commercial bins for accumulation and collection. “Commercial solid waste” does not include residential solid waste, green waste or recyclables.

"Commercial solid waste container"

means a solid waste container provided by a solid waste service provider, typically a can or cart with a capacity of 32 to 96 gallons, or a bin with a capacity of one and one-half to four cubic yards, designed for the deposit of solid waste, or recyclable materials placed at commercial premises for the collection of commercial solid waste and charged at commercial rates. “Commercial solid waste container” does not include construction and demolition bins, roll-offs or low-boys placed at residential 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, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined by 14 CCR Section 18982(a)(8).

"Compliance review"

means a review of records by the City to determine compliance with Article V of this chapter.

"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 or as otherwise defined in 14 CCR Section 17896.2(a)(4).

"Construction and demolition waste,"

which may also be referred to as “construction demolition debris” or “construction and demolition material,” means discarded building materials, recyclable construction and demolition materials, wood, packaging, plaster, rock or brick, soil, drywall, cement and rubble resulting from construction, remodeling, repair and demolition operations.

"Container"

means any receptacle used for temporary storage of residential or commercial solid waste, recyclables, green waste and other materials to be collected, including, but not limited to, carts, bins, tubs and roll-off boxes.

"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).

"Covered project"

shall have the meaning set forth in Section 8.10.590(A).

"Designee"

includes, for purposes of Article V of this chapter, an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of Article V 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.

"Director"

means the Director of the City’s Public Works Department, or designee.

"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.

"Electronic waste" or “e-waste”

means “covered electronic wastes” as defined in the Act, California Public Resources Code Section 42463, in addition to waste that is powered by batteries or electricity, including electronic equipment such as, but not limited to, television sets, computer monitors, central processing units (CPUs), laptop computers, and other peripherals.

"Enforcement action"

means an action taken by the City to address noncompliance with this Article V of 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 operators, which receive materials from the City 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 ordinance, 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 City’s, 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 City, 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 multifamily 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. A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

"Food recovery service"

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

"Food scraps"

means 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" or “solid waste franchise”

means the right and privilege granted by the City in the form of a franchise agreement, permit, license, or other document that authorizes a solid waste service provider:

To make arrangements for the collection of, and to collect, solid waste;

To transport to transfer and processing facilities, landfills, compostable materials handling facility or a green material composting facility, as defined in 14 CCR Section 17852, or other permitted solid waste management facilities; and/or

To collect recyclable materials generated with the City for processing.

"Generator"

means any person or other entity that produces solid waste, recyclables or green waste, or whose act first causes solid waste to become subject to regulation.

"Gray container"

has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of mixed waste

"Green container"

has the same meaning as in 14 CCR Section 18982(a)(29) 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 a solid waste service provider which holds a solid waste franchise, its affiliates, subsidiaries, parents and any person or entity in which a solid waste service provider has a financial interest, from the collection, transportation, processing, disposal and other services with respect to solid waste, including recyclables and green waste, collected within the City of Goleta, in accordance with generally accepted accounting principles, pursuant to a solid waste franchise, permit, or license. “Gross revenues” include, but are not limited to, monthly customer fees for collection of solid waste, including recyclables, special pickup fees, commercial bin and drop box rental and collection fees, fees for redelivery of commercial bins and drop boxes and revenue from the sale of recyclables, without subtracting franchise fees or any other cost of doing business.

"Hauler route"

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

"Hazardous waste"

means a material or mixture of materials which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious illness or pose a substantial threat or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise mismanaged, or any waste which is regulated as a hazardous waste, toxic waste, hazardous chemical substance or mixture, or asbestos under applicable law, including, but not limited to:

“Hazardous waste” pursuant to Section 40141 of the California Public Resources Code, regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code, all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by Sections 25110.2, 25115, and 25117 of the California Health and Safety Code (the California Hazardous Waste Control Act), California Health and Safety Code Section 25100 et seq., and future amendments to or recodification of said statutes or regulations promulgated thereunder, including Title 23 of the California Code of Regulations Sections 2521 and 2522;

Materials regulated under the RCRA;

Materials regulated under the Toxic Substance Control Act;

Materials regulated under CERCLA;

Materials regulated under any future amended, additional or substitute federal, state, or local laws and regulations pertaining to the identification, transportation, treatment, storage or disposal of toxic substances or hazardous waste; and

Household hazardous waste.

"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% between January 1, 2022 and December 31, 2024, and 75% 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 the City reviews, without limitation, records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling or conducts such other actions as necessary 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. 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 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. 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.

"Level full"

means that amount of solid waste deposited in a commercial solid waste container so that it shall not exceed the lowest top edge thereof and still allow the lid thereof to be completely closed.

"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" or “MRF”

means a permitted facility where solid waste, recyclables, green waste, and other materials are processed, sorted or separated for the purposes of recovering reusable or recyclable materials. The MRF is the designated transfer and processing facility.

"Mixed waste organic collection stream" or “mixed waste”

means organic waste collected in a container that is required by 14 CCR Section 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).

"Multifamily residential dwelling" or “multifamily”

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

"Non-compostable paper"

includes, but is not limited to, paper that is coated in a plastic material that will not break down 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).

"Notice of violation (NOV)"

means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

"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).

"Person"

means any individual, firm, agency, company, limited liability company, cooperative, association, organization, partnership, limited partnership, public or private corporation, consortium, trust, joint venture, commercial entity, regulatory authority, governmental entity, including the United States, the State, counties, towns, cities, or special purpose districts, or any other legal entity.

"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).

"Prohibited container contaminants"

means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the City’s blue container; (2) 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; (3) 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 City’s green container and/or blue container; and (4) excluded waste placed in any container.

"RCRA"

means the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as may be amended and related Federal, State and local laws and regulations.

"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 material(s)"

means material that can be salvaged or recovered for reuse, or which has some potential economic value, and which is therefore set aside, handled, packaged, or offered for collection in a manner different from other solid waste.

"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" or “residential premises”

means of, from or pertaining to single-family residences and multifamily dwellings, including apartments and condominiums (in which each unit has separate cooking and bathing facilities). The terms “residential” and “residential premises” do not include hotels, motels, rooming houses, hospitals, nursing homes, convalescent centers, dormitories or barracks or other group living places using commercial bins for the temporary accumulation and collection of solid waste. “Residential” or “residential premises” is a reference to location, and not to ownership or to an interest in property.

"Residential solid waste container"

means a container provided by a service recipient or a solid waste service provider with a residential solid waste franchise granted by the City, used for the accumulation and collection of residential solid waste. The term “residential solid waste containers” does not include commercial bins placed at multifamily units, or those commercial bins used by commercial solid waste service recipients.

"Restaurant"

means an establishment primarily engaged in the retail sale of food and drinks for onpremises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

"Roll-off box(es)"

means a container with a capacity from 10 to 40 cubic yards, which is typically pulled onto a roll-off vehicle used to transport solid waste. A roll-off box may be open topped or enclosed with or without a compaction unit (compactor).

"Route review"

means a visual inspection of containers along a hauler 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).

"Salvage"

means the controlled removal of construction and demolition waste from a permitted building, construction, or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.

"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"

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 recyclables, as prohibited by Public Resources Code Section 41950.

"Self-hauler"

means any person disposing of solid waste, organic waste, or recyclables which they, or any person controlling the day-to-day activities on a property, have generated. This includes persons who perform gardening and landscaping maintenance services at a location where the gardening and landscaping services are rendered; provided, that they use only labor employed and equipment owned by the service provider. 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. If the definition of self-hauler in 14 CCR Section 18982(a)(66) is broader than this definition, the definition in 14 CCR Section 18982(a)(66)(A) shall apply to this chapter.

"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 nonputrescible solid, semi-solid, 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 semi-solid wastes, with the exception that solid waste does not include any of the following wastes:

Hazardous waste, as defined in this chapter or as defined in the State Public Resources Code Section 40141, if such definition is broader than this definition.

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 service provider"

means any person or entity engaged in the collection of solid waste or the placement of containers for the accumulation of solid waste in the City, and is authorized by the City to provide solid waste collection services through an approved franchise agreement, permit or other approved mechanism.

"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 mixed waste or other solid waste for the purposes of collection and processing.

"Source separated blue container organic waste"

means source separated organic wastes that can be placed in a blue container, such as cardboard and paper products, that is limited to the collection of those organic wastes and non-organic recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).

"Source separated green container organic waste" or “green 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 source separated blue container organic waste, carpets, noncompostable paper, and textiles. Green waste includes untreated and unpainted wood, leaves, grass clippings, weeds, pruning, brush, branches, dead plants, tree trimmings, dead trees and other organic wastes generated from landscapes and/or gardens. Green waste does not include materials not normally produced from gardens or landscape areas, such as brick, rock, gravel, large quantities of dirt, concrete, sod, nonorganic waste, oil, and painted or treated wood.

"Source separated recyclable materials" or “recyclables”

means source separated non-organic recyclables and source separated blue container organic waste.

"State"

means the State of California.

"Supermarket"

means a full-line, self-service retail store with gross annual sales of $2,000,000, 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 of the following:

Supermarket.

Grocery store with a total facility size equal to or greater than 10,000 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 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

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

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

Large venue.

Large event.

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.

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

"Waste management plan"

means a completed waste management plan (WMP) form, approved by the City for the purpose of compliance with this chapter, submitted by an applicant for any covered or exempt project that produces construction and demolition waste.

"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, or as otherwise defined in 14 CCR Section 18982(a)(76).

(Ord. 13-02 § 2; Ord. 22-01 § 3)

A. Authority. The City Council hereby authorizes the providing of solid waste collection services and provides this service through one or more exclusive solid waste franchises, permits or licenses granted to one or more solid waste service providers. The solid waste service provider(s) will arrange for the collection, transfer, recycling, composting and disposal of solid wastes within and throughout the City.

B. Manner, Time and Frequency. The City shall establish the method and manner by which solid waste handling services are required and provided within the City, including, but not limited to, the hours, days and frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste handling services. A solid waste service provider which collects solid wastes shall make arrangements with their customers specifying the manner in which integrated waste management services are to be provided subject to the City’s approval.

(Ord. 13-02 § 2)

In order to carry out its duties to plan for the management of vehicular traffic, waste stream diversion and mitigate adverse air quality effects, the City Council may determine waste management collection categories including, but not limited to, residential, multifamily residential, commercial, industrial, special, special event, and household hazardous waste, including recyclables, green waste and others and may make or impose solid waste franchise, license, contract or permit requirements which vary for such categories.

(Ord. 13-02 § 2)

A. Collection Required. The owner, occupant, or other person responsible for the day-to-day operation of any developed residential, commercial or industrial property in the City shall make arrangements with a solid waste service provider for the collection of solid waste, including mixed waste, recyclables and/or green waste as set forth in this chapter. No resident or commercial business owner shall enter into an agreement for solid waste collection services with any person, firm, or corporation other than a solid waste service provider authorized by the City to perform such services unless otherwise provided in this chapter.

B. Exemptions and Exclusions.

1. Self-Haul Exemption. Any self-hauler may haul generated, solid waste, including mixed waste, green waste, and recyclables, to a permitted solid waste facility; provided, that before collecting or transporting self-haul solid waste, including green waste, any self-hauler shall: (a) obtain self-haul permit or documentation from the City; and (b) comply with the minimum standards of health, sanitation, and disposal as set forth in this chapter including, without limitation, the requirements for self-haulers of organic waste in Section 8.10.870.

a. Issuance and Reporting. A self-haul permit, for a term determined by the Director, may be issued in lieu of the requirement in subsection A to subscribe to franchise collection services; provided, that solid waste, including green waste, is source separated and transported to an appropriate, permitted transfer station, processing, or disposal facility in accordance with SB 1383 regulations. The City retains the right to charge an administrative fee for the issuance of any self-haul permit. Each approved self-hauler shall submit quarterly disposal reports to the City, as determined by the Director, reporting the type, quantity, volume, weight and destination of solid waste, including mixed waste, green waste, and recyclables, collected in the City and transported from the City, and shall present to the Director gate tickets or receipts to substantiate its disposal reports. Failure to submit required reports to the City shall be a basis for revocation of a “self-haul” permit. Any self-haul permit shall be address specific and nontransferable.

2. Residential Temporary Nonoccupancy Exemption. When a single-family residence will be unoccupied for at least 60 consecutive days in a calendar year, upon application by the responsible party, the Director may, in his or her sole discretion, exempt such residential premises from the collection requirements of this chapter for the period of time during which such residential premises are unoccupied. The Director may prescribe the method by which the responsible party may apply for an exemption under this subsection.

3. Residential Household and Commercial Solid Waste Exclusions. An owner or occupant may collect and haul nonputrescible solid waste generated in or on their own residential or commercial premises on an occasional non-regular basis to a permanent site where disposal or processing thereof is pursuant to applicable laws; provided, however, that such person complies with the minimum standards of health, sanitation, and disposal as set forth in this chapter, and no person (other than a solid waste service provider as defined in this chapter) providing a hauling service for a fee, charge, or other consideration, and who disposes of such material at a transfer station or landfill shall be involved.

4. Residential Household Exclusion. No person, except a solid waste service provider, shall collect recyclable materials from any residential premises in the City. However, no provision of this chapter shall prevent a residential household from donating or selling recyclable materials generated in or on the residential premises.

5. Commercial Exclusion. No business shall employ or use any person other than a solid waste service provider to collect recyclable materials for a fee, charge, or other consideration. However, no provisions of this chapter shall prevent a business from selling or donating to a recyclable collector any source separated recyclable materials generated in or on the premises of the commercial entity.

6. Gardener and Landscaper Exclusion. No provision of this chapter shall prevent a gardener, tree trimmer, landscape maintenance firm, or person engaged in a related trade from acting as a self-hauler as set forth in this chapter.

7. Contractor’s Exclusion. Licensed primary contractors may transport demolition of construction debris only when the material is generated by their own business at their place of business, or when employed under contract by the owner of a lot or parcel, from said lot or parcel, for demolition or construction services. However, if the licensed primary contractor subcontracts the transporting of demolition or construction debris, such transportation shall be provided by a solid waste service provider. However, no provision of this chapter shall prevent a business from selling or donating a source separated recyclable material generated at the work site.

(Ord. 13-02 § 2; Ord. 22-01 § 4)

All commercial premises that generate more than four cubic yards of recyclables weekly, and multi-family facilities with five or more units, must make arrangements for the diversion of recyclables, either through subscribed collection service with the City’s franchised hauler, or by self-hauling to a permitted facility for diversion and reuse.

(Ord. 13-02 § 2)

Any person or entity shall obtain a permit, franchise, or license issued by the City of Goleta prior to engaging in the collection of solid waste or the placement of commercial bins for the accumulation of solid waste in the City.

Any person or entity, other than a solid waste service provider which has obtained a permit, or franchise issued by the City of Goleta, which engages in the collection of residential or commercial solid waste or which places a commercial bin for the accumulation of solid waste in the City shall be guilty of a misdemeanor. Each day in which a person or entity engages in the collection of residential or commercial solid waste in the City or places a commercial bin for the accumulation of solid waste, or permits a commercial bin to remain, in the City without holding a business license issued by the City, shall be a separate offense.

(Ord. 13-02 § 2)

No person shall construct or operate a solid waste management facility, including, but not limited to, a materials recovery facility, solid waste transfer or processing station, composting facility, a buy-back or drop-off center, disposal facility or a recycling center without first satisfying all City requirements for land use, environmental and other necessary approvals.

(Ord. 13-02 § 2)

A. Generally. The City may levy fees upon solid waste service providers and solid waste service recipients for planning and program development and administration regarding solid and household hazardous waste, recyclables and/or green waste planning, and for access to collection service, for collection service, inspection, auditing, transfer and disposal and the planning for and response to releases and spills of solid wastes which have the characteristics of hazardous substances. Such fees may include charges for the use of disposal facilities and may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements and integrated waste management plans. The City may collect such charges by such means as the Council may elect.

B. Liability. Each person required by this chapter to arrange for solid waste collection shall be liable for the fees and charges for such collection.

(Ord. 13-02 § 2)

A. Use Required. Every person designated under Section 8.10.040 or 8.10.120, as applicable, shall keep in a suitable place one or more containers capable of holding without spilling, leaking, or emitting odors, all solid waste, including recyclables and green waste which would ordinarily accumulate on the premises between the time of two successive collections. The person so designated shall deposit or cause to be deposited in containers or commercial bins provided or approved by a solid waste service provider all solid waste generated or accumulated on those premises.

B. Approved Containers. No person shall place for collection any container or commercial bin not in conformance with the container or commercial bin designated by the solid waste service provider.

C. Identification. No solid waste service provider shall place a container or commercial bin at any location within the City unless it is clearly marked with the name, address and telephone number of the owner, the person responsible for collection, and a unique container or commercial bin number. The identification shall be waterproof and legible.

D. Maintenance. All containers and commercial bins shall be maintained in a clean and sanitary condition, neatly and uniformly painted and cleaned as frequently as necessary to protect public health.

E. Placement and Removal. No person shall place a container or any bulky items adjacent to a street or public right-of-way for collection service before 7:00 p.m. on the day preceding the regularly scheduled collection day. A container shall be removed from any location adjacent to a street or right-of-way not later than 8:00 a.m. on the day following the regularly-scheduled collection day.

F. Bulky Items. Bulky items may not be set out for collection unless the person in charge of day-to-day operations of the premises has made prior arrangements with a solid waste service provider approved by the City for pick-up of the bulky items.

G. Storage. It shall be the responsibility of the property owner or service recipient to ensure that commercial solid waste containers are kept in level full condition, and that the commercial premises are receiving adequate service. The cover shall completely and tightly close the container so that it is rendered fly- and rodent-proof and its contents are not visible. If a commercial container is observed to exceed level full on more than two occasions within a period of 90 days, the solid waste service provider shall notify the service recipient and the City in writing. Upon a third such instance of exceeding the level full requirement within a single calendar year, the commercial premises shall be deemed to be underserved and the service recipient shall be required to increase service to that level that will ensure the commercial solid waste container(s) are kept in a level full state.

(Ord. 13-02 § 2)

A. Persons in Charge of Premises. Until solid waste has been picked up by a solid waste service provider, the person in charge of the day-to-day operation of each premises in the City shall be responsible for the cleanup of any and all solid waste generated, deposited, allowed, released, spilled, leaked, pumped, poured, emitted, emptied, discharged, injected, dumped or disposed into the environment, or which otherwise has come to be located outside an authorized container on, at, or in the premises of which the person is in charge. This cleanup responsibility includes the cleanup of solid waste, including recyclables and green waste which has come to be located outside an authorized container for the collection of such solid waste, notwithstanding human or animal interference with a container, wind or other natural forces and whether during storage, collection, removal, or transfer. For purposes of this section, the term “disposed into the environment” shall include, but is not limited to, the abandonment of or discarding of barrels, containers and other closed receptacles of solid or liquid waste of any kind whatsoever.

B. Solid Waste Service Provider. Each solid waste service provider shall clean up any solid waste spilled or otherwise released or discharged into the environment during its collection, removal, or transfer.

(Ord. 13-02 § 2)

A. Ownership of Recyclables Placed for Collection. Upon placement of recyclables at a designated recycling collection location, or placement of recyclables in a container provided by a solid waste service provider for collection of recyclables, the recyclables become the property of the solid waste service provider. The recycling or disposal of any recyclables which has become part of the solid waste stream by having been discarded shall be in accordance with the provisions of this chapter.

B. Recyclable Material.

1. Except as provided below, nothing in this chapter shall limit the right of any person, organization, or other entity to sell recyclable material owned by that person, organization or other entity or to donate recyclable material to a charity or any other entity other than a solid waste service provider.

2. Recyclable material which is source separated into a blue container for collection by a solid waste service provider shall be considered to have been discarded and to have become source separated recyclable materials.

3. If the seller or donor of recyclables pays the buyer or the donee any consideration for collecting, processing, recycling, transporting or disposing of the recyclables, or providing consultation services which exceed the selling price of the recyclables, the transaction shall not be regarded as a sale or donation of recyclables, but as an arrangement for the disposal of solid waste and shall be subject to this chapter.

4. A person who receives a discount or reduction in the collection, disposal and/or recycling service rates for unsegregated or segregated solid waste shall not be deemed to be selling or donating recyclables and does not fall within this “donate or sell” exception.

(Ord. 13-02 § 2; Ord. 22-01 § 5)

Each solid waste service provider furnishing solid waste collection services within the City shall comply with all requirements set forth in this chapter. These requirements include, but are not limited to, payment of all annual business licenses and/or taxes, if any, and any other requirements that the City Council may impose by City Council ordinance or resolution.

Each solid waste service provider claiming a right to continue to provide solid waste services in the City of Goleta pursuant to Public Resources Code Section 49520 et seq., or other law shall pay the business tax, shall adhere to the same standards for service (including waste stream diversion goals), shall charge comparable rates for service, and shall pay the same franchise fee as those standards, rates and franchise fees are specified in an exclusive solid waste franchise agreement entered into by the City with another solid waste service provider. In accordance with Public Resources Code Section 49521(b) “rates that are comparable to those established by the local agency” shall vary no more than five percent above or below those rates set in any exclusive solid waste franchise entered into by the City and made applicable to all continuation solid waste service providers by this chapter.

(Ord. 13-02 § 2)

A. Use of Containers. No person other than a self hauler that is permitted pursuant to Section 8.10.040, shall keep solid waste in any container other than a container approved by a solid waste service provider; nor shall any person accumulate solid waste for more than seven consecutive days; nor shall any person keep upon any premises in the City any solid waste that is offensive, obnoxious or unsanitary. Failure to comply with the provisions of this subsection is unlawful, constitutes a public nuisance, and may be abated in the manner now or hereafter provided by law for the abatement of nuisances.

B. Removal of Solid Waste. No person, other than the person in charge of day-to-day activities at any premises or a solid waste service provider authorized by the person in charge of the premises, shall remove any container from the location where the container was placed for storage or collection by the person in charge of day-to-day activities at the premises, or remove any solid waste from any container, or move the container from the location in which it was placed for storage or collection, or apply any paint or markings to any container.

C. Bulky Items. No person shall place bulky items adjacent to a street or public right-of-way without first arranging with a solid waste service provider licensed or permitted by the City for the pickup of the bulky items.

D. Public Solid Waste and Recycling Receptacles. No person shall place or deposit residential, institutional, commercial, industrial, special, or hazardous waste in any solid waste or recycling container placed in the public right-of-way to provide incidental disposal and recycling capacity for residents and visitors.

E. Solid Waste Burning Prohibited. No person shall burn any solid waste within the City, unless otherwise authorized or permitted by the City.

F. Collection of Solid Waste Without Solid Waste Franchise and Permit Prohibited.

1. No person except a solid waste service provider with an exclusive solid waste franchise, or a person authorized under Section 8.10.040 of this chapter shall collect any solid waste from any premises within the City.

2. No person other than a solid waste service provider which has a solid waste franchise, or permit issued by the City shall place a commercial bin for the accumulation of solid waste at any premises within the City or collect any solid waste from any commercial premises or permit or suffer a commercial bin to remain in any place within the City. Each day any person, other than a solid waste service provider that has a solid waste franchise, or permit issued by the City, collects any solid waste from any commercial premises or places a commercial bin for the accumulation of solid waste at any premises within the City, or permits or suffers a commercial bin to remain in any place within the City constitutes a separate offense for which such person may be cited.

3. If the City has granted one or more solid waste franchises, then no person other than a City approved solid waste service provider that has an exclusive solid waste franchise or that has “continuation rights” pursuant to the Public Resources Code or other applicable law shall place a residential or commercial solid waste container for the accumulation of solid waste at any residential or commercial premises within the City or collect any solid waste from any residential or commercial premises or permit or allow one of its residential or commercial solid waste containers to remain in any place within the City. Each day any person other than a City approved solid waste service provider that has an exclusive solid waste franchise collects any solid waste, recyclables, or green waste from any residential or commercial premises or places a residential or commercial solid waste container for the accumulation of solid waste or recyclables at any premises within the City, or permits a residential or commercial solid waste container to remain in any place within the City constitutes a separate offense for which a person may be cited.

G. Public Nuisance. It is unlawful and a public nuisance, for any person to occupy, inhabit, maintain, or to be in day-to-day control of any premises within the City for which arrangements have not been made for regular collection and removal or self-hauling services for solid wastes, including recyclables or green waste, and any other violation of this provision is unlawful and may be enjoined as a nuisance.

H. Unauthorized Disposal Prohibited. No person shall place solid waste in, or otherwise use the solid waste or recyclables or green waste container of another, without the written permission of such other person.

I. Unauthorized Removal of Recyclables Prohibited by State Law. The unauthorized removal of recyclables placed at designated recycling collection locations is prohibited by California Public Resources Code Sections 41950-51 and this chapter.

J. Solid Waste Spills and Releases Prohibited. Any person transporting solid waste, including recyclables or green waste, within the City shall immediately clean up, or arrange for the immediate cleanup, of any solid waste released, spilled or dumped into the environment during removal or transport within the City by such person.

K. Unlawful Dumping Prohibited. No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury or dispose into the environment (including by abandonment or discarding of barrels, containers and other closed receptacles of solid or liquid waste of any kind whatsoever) any solid or liquid waste upon any premises within the City, or cause, suffer, or permit any solid or liquid waste to come to be located upon any premises in the City, except in an authorized or permitted container or at an authorized or permitted solid waste facility.

L. Misdemeanor. Violation of any provision of this chapter shall be a misdemeanor.

M. Civil Action by Solid Waste Service Provider. Nothing in this chapter shall be deemed to limit the right of any solid waste service provider to bring a civil action against any person who violates California Public Resources Code Sections 41950-51, nor shall a conviction for such violation exempt any person from a civil action.

(Ord. 13-02 § 2)