Healdsburg Municipal Code Art. I In General

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

"Authorized 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 contract or franchise agreement with the City.

"Back-haul"

means generating and transporting organic materials to a destination owned and operated by the generator using the generator's own employees and equipment, as defined in 14 CCR Section 189881(a)(66)(A).

"CCR"

means the California Code of Regulations.

"City Manager"

means the City Manager of the City of Healdsburg, or their designee.

"Collection"

means to take physical possession of solid waste at, and remove from, the place of generation for transport to a solid waste facility or other recovery activity.

"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 dwelling that consists of five or more units, as further defined in 14 CCR Section 18982(a)(6).

"Commercial edible food generator"

means a tier one or tier two commercial edible food generator as defined in 14 CCR Sections 18982(a)(73) and (a)(74). Food recovery organizations and food recovery services are not commercial edible food generators.

"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).

"Composting"

means the process of controlled biological decomposition of organic waste.

"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" or "collection container"

means, for the purpose of this chapter, any bin, box or cart used for the purpose of holding solid waste for collection.

"Debris box"

means any 10 to 40 cubic yard container, or any compactor provided by a solid waste generator, placed in the public right-of-way, on City property, private property, or elsewhere in the service area, which is procured by a solid waste generator for their use in the collection of their solid waste. Debris boxes are serviced by means of lifting the entire container, including all contents, onto a designated collection vehicle.

"Disposal"

means the final disposition of solid waste at a solid waste facility permitted for disposal.

"Diversion"

means activities reducing or eliminating the amount of solid waste from solid waste disposal, and which return these materials to use in the form of raw materials for new, reused, or reconstituted products, which meet the quality standards necessary for commercial use, or for other purposes of reuse.

"Dwelling unit"

means one or more rooms with internal access between all rooms, which provide complete independent living facilities for at least one family, including provisions for living, sleeping, eating, cooking, bathing, and sanitary facilities.

"Edible food"

means food intended for human consumption, as further defined in 14 CCR Section 18982(a)(18). 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.

"Exempt waste"

means biohazardous or biomedical waste, hazardous waste, medical waste, regulated radioactive waste, waste that is volatile, corrosive, or infectious, waste treatment or processing sludge, contaminated soil and dirt, contaminated concrete, contaminated asphalt, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, any matter or materials which are not acceptable for disposal at a solid waste landfill as defined in AB 939 and subsequent legislation, and those wastes under the control of the Nuclear Regulatory Commission.

"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 as part of food recovery either directly or through other entities as further defined in 14 CCR Section 18982(a)(25), including, but not limited to:

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

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

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

"Food recovery service"

means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, as further 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.

"Food scraps"

means food scraps and trimmings and other putrescible waste that result from food production, preparation, cooking, storage, consumption or handling. Food scraps includes but is not limited to meat, fish and dairy waste, fruit and vegetable waste and grain waste. Food scraps do not include exempt waste.

"Garbage"

means all nonrecyclable packaging and other waste attributed to normal activities of a service unit. Garbage must be generated by and at the service unit wherein the garbage is collected. Garbage does not include recyclable materials, organic materials, debris from construction and demolition, large items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste.

"Generators,"

for the purpose of this chapter, means a person or entity, including commercial generators and residential generators, that is responsible for the initial creation of solid waste or organic materials at any premises, and includes "organic waste generator" as defined in 14 CCR Section 18982(a)(48).

"Organic material" or "organic waste"

means solid waste containing material originating from living organisms and their metabolic waste products, including but not limited to food scraps, 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).

"Person"

means any person, firm or corporation, acting as principal, agent or officer, servant or employee, for himself, or for any other person, firm or corporation.

"Place of business"

shall mean any hotel, motel, trailer park, restaurant, market, hospital, or any business, commercial or industrial establishment where there is any accumulation of solid waste.

"Premises"

means any tract or parcel of land with or without habitable buildings or appurtenant structures. For purposes of this chapter the word "premises" includes residential and commercial uses of the land, whether owned, leased, rented or subrented, including every dwelling house, dwelling unit, apartment house or multiple-dwelling building, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, office building, department store, manufacturing, processing or assembling shop or plant, warehouse and every other place or premises where any person resides, or any business is carried on or conducted within the City.

"Prohibited container contaminants"

means (1) discarded materials placed in the designated recyclables container that are not identified as acceptable source separated recyclables for the authorized collector's designated recyclables collection container; (2) discarded materials placed in the designated organic materials collection container that are not identified as acceptable source separated organic materials for the authorized collector's designated organic materials collection container; and (3) discarded materials placed in the garbage container that are acceptable source separated recyclables and/or source separated organic materials to be placed in authorized collector's designated organic materials collection container and/or designated recyclables collection container; and (4) exempt waste placed in any container.

"Receptacle"

means any heavy plastic or cart, bin, or similar type container approved by the City Manager for the accumulation of solid waste.

"Recyclable materials"

means any material designated to be separated from the waste stream for purposes of recycling by the authorized collector in accordance with applicable law.

"Recycling"

means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become garbage and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201.

"Residential"

means, for the purposes of this chapter, any premises consisting of between one and four dwelling units, and on-site domestic uses accessory to these dwelling units. A multifamily dwelling that consists of fewer than five dwelling units is residential, for the purposes of this chapter.

"Self-hauler"

means a person who hauls solid waste, organic waste or recovered material they have generated to another person. Self-hauler also includes a person who back-hauls waste, as defined in 14 CCR Section 18982(a)(66).

"Solid waste"

has the same meaning as defined in Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid and semisolid wastes, including garbage, recyclable materials, organic materials, demolition and construction wastes, bulky waste, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid 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) and (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. Recyclable materials and organic materials are a part of solid waste.

"Solid waste collection service"

means collection of solid waste originating in the City, by persons, firms or corporations, and doing so under a contract or franchise agreement with the City.

"Solid waste facility" or "facility"

means a solid waste transfer or processing station including a material recovery facility, a recycling facility, a composting facility, a gasification facility, a transformation facility, an engineered municipal solid waste conversion facility, and a disposal facility. Solid waste facility additionally includes a solid waste operation that may be carried out pursuant to an enforcement agency notification, as provided in regulations adopted by CalRecycle.

"Source separate"

means the process of removing recyclable materials and organic materials from solid waste at the place of generation, prior to collection, and placing such materials into separate containers designated for recyclable materials and organic materials, as defined in 14 CCR Section 17402.5(b)(4).

"Tier one commercial edible food generator"

means a commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a):

Supermarkets with gross annual sales of $2,000,000 or more.

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

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.

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.

Food distributor,

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

"Tier two commercial edible food generator"

means a commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a):

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,

which 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, 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.

Large event,

which 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.

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. "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, as defined in 14 CCR Section 18982(a)(40).

(Ord. 1211 § 1 (Exh. A), 2021)

The provisions of this chapter shall not be applicable to hauling and disposition by the City of Healdsburg, or any employee, agent, or authorized representative of the City of Healdsburg, of any solid waste that have been lawfully removed from City property or from or near a public right-of-way.

(Ord. 1211 § 1 (Exh. A), 2021)

Any violation of this chapter shall be an infraction and a public nuisance and may be punished or enforced in accordance with the provisions of Chapter 1.12 HMC. Three or more subsequent violations of this chapter by the same person or persons within a 12-month period may be charged and prosecuted as a misdemeanor. Any enforcement officer as defined in HMC § 1.12.050 shall have the duty and authority to enforce the provisions of this chapter. Any violation shall be subject to administrative penalties under HMC § 1.12.140 in the following amounts:

A. A fine not exceeding $100.00 for a first violation;

B. A fine not exceeding $200.00 for a second violation of the same provision of this code within any 12-consecutive-month period;

C. A fine not exceeding $500.00 for each additional violation of the same provision of this code within any 12-consecutive-month period.

(Ord. 1211 § 1 (Exh. A), 2021)

Any enforcement officer as defined in HMC § 1.12.050 and any person designated by the Sonoma County Waste Management Agency to conduct inspections are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

(Ord. 1211 § 1 (Exh. A), 2021)

Whenever a City enforcement officer determines that there exists an accumulation of solid waste or construction and demolition debris upon any premises in the City in a manner that is subject to abatement under HMC § 1.12.110 or § 1.12.150, the City enforcement officer may require upon the completion of enforcement proceedings under Chapter 1.12 HMC that the authorized collector immediately call at such premises and remove such solid waste or construction and demolition debris. The owner of such premises shall pay the authorized collector for the removal.

(Ord. 1211 § 1 (Exh. A), 2021)