§ 8.24

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.

"Act" means the California Integrated Waste Management Act of 1989 (commencing with Section 40000 of the Public Resources Code), as amended, including, but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.

"Authorized collector" means a person, firm, partnership, corporation or other entity authorized under and by virtue of a contract, franchise, or permit with the city to collect, remove or dispose of solid waste generated in the city.

"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this Ordinance [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 California's Department of Resources Recycling and Recovery, which is charged with implementing and enforcing the Act.

"City" means the City of Grass Valley, the city manager, or their designee which may include other city employees.

"Collection" shall mean the operation of gathering together and transporting to the point of disposal any garbage or refuse.

"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, or as

otherwise defined in 14 CCR Section 18982(a)(6). A multifamily 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 in 14 CCR Section 18982(a)(73) and (a)(74).

"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 and demolition debris" or "C&D" means used or discarded materials resulting from construction, renovation, remodeling, repair, demolition, excavation or construction clean-up operations on any pavement or structure.

"Container" means a durable, corrosion-resistant, non-absorbent, leak-proof, watertight, odor-proof, rodent-resistant box, barrel, bin, canister, cart, dumpster, receptacle or other approved device used for the purpose of holding solid waste for collection.

"Designated collection location" means curbside or other place designated in the contract between the city and an authorized collector from which the authorized collector has contracted to collect solid waste.

"Designee" means a person or entity that the city designates, contracts with, or otherwise arranges to carry out any of the city's responsibilities of this chapter authorized in 14 CCR Section 18981.2. A designee may be a government employee or entity, a private entity, a franchised collector, or a combination of those entities.

"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 relevant enforcement agency to address non-compliance with this chapter including, but not limited to, issuing abatement notices, administrative citations, fines, penalties, or using other remedies as authorized by Title 1 of the Grass Valley Municipal Code.

"Enforcement agency" or "enforcement agent" means any person or entity authorized or directed by the city manager to enforce any provision of this code, including any peace officer. Employees and agents of an enforcement agency may carry out inspections and enforcement activities pursuant to this chapter. Nothing in this chapter authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity and the city. The city is an enforcement agency for all sections of this chapter. The city may choose to additionally delegate enforcement responsibility for certain sections, to other public entities, including the County of Nevada Environmental Health Department. In addition to any other powers conferred upon him/her by this Code or by any other law, an enforcement agency shall have the authority to issue a notice to appear, (per Penal Code Section 948), or issue a notice of violation, as described in Title 1 of this Code, if the enforcement agency has cause to believe that a violation of this Code was, or is being, committed or that any nuisance conditions exist.

"Excluded waste" means hazardous substances, hazardous waste, infectious waste, designated waste, waste that is volatile, corrosive or infectious, medical waste, regulated radioactive waste, and toxic substances or material that facility operator(s), 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, including, but not limited to: waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions; waste that in the reasonable opinion of the city or its designee 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 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 Public Resources Code. Excluded waste does not include used motor oil and filters, or other materials defined as allowable materials for collection through the city's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the city, authorized collector or the franchised collector providing service to the generator.

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

"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:

(1)

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

(2)

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

(3)

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 scrapes" means all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

"Food service provider" is a tier one commercial edible food generator and 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 waste" means food scraps and food soiled paper.

"Franchised collector" means such persons, firms or corporations collecting and delivering for disposal, recycling or processing solid waste (other than solid waste generated by a permitted building project) originating in the city and doing so under a franchise agreement with the city.

"Garbage" means those elements of the solid waste stream designated for the "garbage container", and excludes hazardous waste, excluded waste, materials designated for the "organics container" or "recycling container" or materials which have been separated for reuse.

"Garbage container" has the same meaning as "gray container" in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of garbage.

"Generator" means a person or entity that is responsible for the initial creation of garbage, organic waste or recyclable materials.

"Grocery store" is a tier one commercial edible food generator and 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).

"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); or, as otherwise defined in 14 CCR Section 18982(a)(33).

"Inspection" means a site visit where an enforcement agent 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 ordinance [chapter], or as otherwise defined in 14 CCR Section 18982(a)(35)

"Multifamily residential dwelling" or "multifamily" means for the purpose of implementing this chapter, of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises are considered a distinct type of commercial business for the purposes of implementing SB 1383 requirements. Consistent with SB 1383 Regulations, residential premises that consist of fewer than five units are not "multifamily" and instead are "single-family" for the purposes of implementing this chapter. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses that are not multifamily residential dwellings.

"Organics container" has the same meaning as "green container" in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated organic waste designated for compost processing, including food waste and landscape and pruning waste accepted in the city's organic

waste collection program, and other organic materials as determined by the city as acceptable for the organics container.

"Organic waste" means solid waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food scraps, food soiled paper, landscape and pruning waste, organic textiles and organic 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). Organic waste does not include rigid compostable plastic.

"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).

"Person" shall include any individual, firm, company, corporation, or public entity or other organization.

"Premises" means any real property or estate which may be devised or granted by deed.

"Prohibited container contaminant" includes all of the following:

(1)

Materials placed in the recycling container that are not identified as acceptable source separated recyclable materials for the city's recycling container;

(2)

Materials placed in the organics container that are not identified as acceptable source separated organic waste for the city's organics container;

(3)

Materials placed in the garbage container that are acceptable source separated recyclable materials and/or acceptable source separated organic waste that can be placed in the city's organics container and/or recycling container; and

(4)

Excluded waste placed in any container.

"Property owner" means the owner of real property.

"Recycling container" has the same meaning as "blue container" in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.

"Recyclable materials" has the same meaning as source separated recyclable materials below.

"Recycling" means the process of collecting and forming used products into new products by reprocessing or remanufacturing them.

"SB 1383" means Senate Bill 1383, the Short-Lived Climate Pollutant Reduction Act of 2016.

"SB 1383 Regulations" means or refers to, for the purposes of this Ordinance [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.

"Self-hauler" means a generator who transports its own solid waste by using a vehicle owned by that generator and driven by the generator or the generator's employees, rather than the franchised collector. Self-hauler also includes a person or entity who back hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). 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, or as otherwise defined in 14 CCR Section 189881(a)(66)(A).

"Single-family" means, of, from, or pertaining to any residential premises with fewer than five units for the purposes of implementing this chapter.

"Solid waste" means garbage, recyclable materials, and organic waste and has the same meaning as defined in 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, C&D 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 Public Resources Code Section 40141.

(2)

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

(3)

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

"Source separated" means materials that have been kept separate from other materials in the solid waste stream, at the point of generation, for the purpose of additional sorting or processing 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).

"Source separated organic waste" means those organics that can be placed in a organics container for compost processing, including food scraps, food soiled paper and landscaping and pruning waste, and

any other items as determined by the city. The franchised collector may, in its discretion, designate additional categories of nonhazardous or toxic materials accepted in the organics container.

"Source separated recyclable materials" means the same thing as "recyclable materials" and includes those recyclable materials that can be placed in the recycling container including but not limited to, glass and plastic bottles, aluminum, tin and steel cans, metals, unsoiled paper products, printing and writing paper, and cardboard, and any other items as determined by the city. The franchised collector may, in its discretion, designate additional categories of nonhazardous or toxic materials accepted in the recycling container.

"Supermarket" is a tier one commercial edible food generator and 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).

"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following, or as otherwise defined in 14 CCR Section 18982(a) and as amended:

(1)

Supermarkets with gross annual sales of two million dollars or more, or as defined in 14 CCR Section 18982(a)(71).

(2)

Grocery store with a total facility size equal to or greater than ten thousand square feet, as defined in 14 CCR Section 18982(a)(30).

(3)

Food service provider which 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).

(4)

Wholesale food vendor which 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 189852(a)(76)

(5)

Food distributor which 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).

"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following, or as otherwise defined in 14 CCR Section 18982(a) and as amended:

(1)

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

(2)

Hotel with an on-site food facility and two hundred or more rooms or as otherwise defined in 14 CCR Section 18982(a)(74)(B).

(3)

Health facility with an on-site food facility and one hundred or more beds, or as otherwise defined in 14 CCR Section 18982(a)(73)(C).

(4)

Large venue, which 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, or as otherwise defined in 14 CCR Section 18982(a)(39). 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.

(5)

Large event, as defined in 14 CCR Section 18982(a)(38) means an event that serves an average of more than two thousand individuals per day of operation of the event and either: 1) charges an admission price; or 2) is operated by a local agency.

(6)

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.

(7)

A local education agency, which 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), and which has an on-site food facility.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

It is unlawful and a nuisance, subject to abatement by the police department, for any person or entity to bring onto or place on any residential area, or to allow to be kept thereon, such materials whether on wheels or in place, which of their very nature will have a known physical detrimental effect upon the human senses and general well-being of the people residing in such area. This shall exclude the normal collection of solid waste in the exercise of the contract as franchised collector, provided the collection is done in a sanitary manner and in full compliance with the terms and conditions of the contract.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

No person or entity shall throw or deposit any solid waste, or cause the same to be thrown or deposited, upon any street, alley, gutter, park or other public place, or any bus, public conveyance or public building, or throw or deposit the same in or upon any vacant lot or backyard, or store or keep the same otherwise than in cans or receptacles as required by this chapter. It shall be unlawful to have, store, deposit or keep solid waste where rats can have access thereto or feed thereon.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

Every property owner, tenant, lessee or occupant of any premise in the city shall make available and at all times shall keep within such building, or on the lot on which such building is situated, suitable and sufficient watertight containers provided by the franchised collector, for receiving and holding without leakage or escape of odors, and without being filled to within four inches of the top, all the solid waste which would ordinarily accumulate on such premises within one week's time.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

A.

It is unlawful for any person to dump or place any material into, or to utilize, any container without the express consent of the owner or lessee of the container or unless a notice has been placed on the container denoting that it is for the use of the public.

B.

It is unlawful for any person, without the consent of the owner or lessee of the container, to enter into, or access, a container, whether or not a notice has been placed on such container, for the purpose of salvaging garbage, recyclable material or organic waste therein or for the purpose of utilizing the container to rest or sleep therein.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

A.

Garbage containers for single-family premises, shall have a capacity of not less than ten gallons nor more than ninety-six gallons; and garbage containers at all other places including commercial businesses shall each have a capacity of not less than ten gallons.

B.

Generators shall arrange for a size, quantity and collection frequency of containers to adequately store all solid waste generated in connection with the premise between the times designated for collection service. The city shall have the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the city in order to meet the standards set forth in this chapter.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

All solid waste containers required by this chapter shall be emptied by the authorized collector at least once each week, or as otherwise directed by the city in the contract with the franchised collector.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

A.

Commercial containers required by this chapter for receiving solid waste shall be so placed as to be readily accessible for removing and emptying by the collector.

B.

On the day for collection, residential containers required by the chapter, shall be placed on the portion of the resident's real property nearest the public right-of-way which is readily accessible for removing and emptying by the authorized collector. All persons who are physically unable to place such containers as required in this section shall be exempt from this requirement.

C.

No container for receiving solid waste, shall be placed on any street, alley, sidewalk, footpath, or any public place, except in accordance with rules and regulations established under this chapter or an arrangement made with the city in consultation with the franchised collector for an alternate collection location. At no time shall such containers in any way be offensive to human senses or a public nuisance.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

No person shall keep, place or deposit solid waste including recyclable materials, organic waste or garbage on any private grounds or premises whatsoever, except in accordance with the rules and regulations established under this chapter. Persons approved to self-haul under Section 8.24.280 may keep, place or

deposit solid waste including recyclable materials, organic waste or garbage for the purposes of separating recyclable materials and organic waste generated on-site prior to hauling organic waste to a high diversion organic waste processing facility.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

A.

For the purpose of carrying out the provisions of this chapter, the city council, unless otherwise provided by resolution that the work be done by the city, shall provide for the entering into a contract with any suitable and responsible person for a term of years, not to exceed the maximum term set forth in Article XII of the Grass Valley Charter, as it may be amended from time to time, for the exclusive right to collect solid waste including recyclable materials, organic waste and garbage within the city, which person shall be known and designated as the franchised collector.

B.

An authorized collector providing single-family, commercial, organic waste collection service to generators within the city shall meet the following requirements and standards in connection with collection of organic waste and recyclables:

Through written notice or written report to the city annually identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated organic waste.

Transport source separated recyclable materials to a facility that recycles those materials and transport source separated organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

Obtain approval from the city to haul organic waste, which can be through a franchise agreement or contract, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

The contract executed pursuant to this chapter shall provide that the franchised collector shall have the right to collect and receive the collection charges and fees provided in this chapter for the collection of garbage, recyclable material and organic waste in the city and no more, as and for his sole compensation.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

At such time as there is in force a contract entered into by the city and any person or entity for the collecting and removal of garbage, recyclable material and organic waste in the city, it shall be unlawful for any person or entity other than the contractor having such contract, or his employees, to collect within the city, dispose of or transport, carry or convey through the streets, alleys, or public thoroughfares of the city, any garbage, recyclable material or organic waste or other matter offensive to the sight, or to interfere in any manner with any containers, or to remove such containers after they are placed by the lessees or owners thereof. This shall not prevent self-haulers in the city (city to be the city limits as they exist on January 1, 2021, and includes any subsequent annexations of land into the city limits from collecting, removing, or transporting their own solid waste in accordance with Section 8.24.280, but shall not allow such self-hauler to provide such services for pay.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

It shall be the duty of the franchised collector to gather, collect and dispose of, by dumping, , distributing or sale, all solid waste within the city in a manner satisfactory to the city council, Section 8.24.100 and applicable laws.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

The franchised collector shall furnish at his own expense all the vehicles and all other equipment necessary for the collection and removal of solid waste in accordance with the provisions of this chapter; provided, that all such vehicles and equipment shall first be approved by the city.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

All solid waste service collection fees, charges, and rate schedules which are set by the city's franchised collector through the contract for solid waste collection described in Section 8.24.100, shall not exceed the ceiling for such fees and charges as established and fixed by resolution; such resolution may be amended from time to time, upon majority vote of the city council.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

The city manager, with the approval of the city council, shall have the power to establish sanitary rules and regulations governing the collection of solid waste in the city. Such rules and regulations, when published, shall become a part of this chapter, and any person violating any such rules shall be subject to the penalty provided for the violation of this chapter.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)