Kings County Municipal Code Art. I In General

The county board of supervisors finds and declares:

(1) The county is authorized under Article XI, Section 7, of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws.

(2) In the exercise of its police powers, the county may determine, in its discretion and consistent with its authority in the area of public health and sanitation, the best methods or means available to advance and protect the public health, safety, and welfare of the residents of the county.

(3) Pursuant to Public Resources Code sections 40002 and 40057, the board is authorized to and shall provide for solid waste handling services, including, without limitation, source reduction, recycling, composting, and the collection, transfer, and disposal of solid waste within the unincorporated area of the county by any means authorized by Public Resources Code sections 40058 and 40059.

(4) Pursuant to Public Resources Code section 40059, the county is authorized to determine aspects of solid waste handling which are of local concern and the means by which such services are to be rendered under terms and conditions prescribed by the board by resolution or ordinance, including the provision of solid waste collection, processing and disposal services on an exclusive or nonexclusive basis, either with or without competitive bidding.

(5) With the exception of areas regulated by community service districts, pursuant to Public Resources Code section 40059, the board has determined that the public health, safety, and welfare of the residents of the county require that qualified solid waste haulers be authorized to operate within the unincorporated areas of the county.

(6) The board has determined that the collection and disposal of solid waste and promotion of recycling and other waste diversion efforts in the unincorporated areas of the county, is required as the means that will best advance and protect the public health, safety, and welfare of the residents of the county.

(7) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (Public Resources Code section 40000 et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in the county to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

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

(9) State organics recycling law, Assembly Bill 1826 of 2014 (which added chapter 12.9 (commencing with section 42649.8) to part 3 of division 30 of the Public Resources Code, relating to solid waste) requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires jurisdictions to implement a recycling program to divert organic waste from businesses subject to the law, and requires jurisdictions to implement a mandatory commercial organics recycling program.

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

(11) Pursuant to the SB 1383 regulations established by CalRecycle, jurisdictions, such as the county, must adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of the SB 1383 regulations.

(12) The county and cities of Hanford, Lemoore, and Corcoran established the Kings Waste and Recycling Authority, under the Joint Powers Agreement entered into on September 12, 1989, as amended on March 3, 1992, September 13, 1994, and February 27, 1996, that mandates its members to transfer solid waste collected to Kings Waste and Recycling Authority, located at 7803 Hanford Armona Road, Hanford, California.

(13) Requirements in this chapter are consistent with the above-referenced state laws and the county's constitutional and statutory authority over public health and sanitation.

(Ord. No. 705, § 2, 10-4-22)

In order to protect the health, safety and welfare of county residents and to promote an improvement in visual and physical quality of the environment, and in order to meet the statutory waste diversion mandates required by state law, including Public Resources Code section 41780 et seq., the board of supervisors has determined that it is necessary to adopt a coordinated county-wide program for the safe, economical and efficient collection, storage, transportation and disposal of solid waste, and to assure adequate standards of service for said collection, storage, transportation and disposal of solid waste. This chapter shall be liberally construed for the accomplishment of these purposes.

(Ord. No. 705, § 2, 10-4-22)

The rates licensed haulers charge customers shall be prescribed by the agreements between licensed haulers and their customers located within the unincorporated area of the county. The county shall charge organic waste generators an administrative fee reasonably related to the costs of implementing and enforcing SB 1383 regulations. Licensed haulers shall include the administrative fee in their customer invoices and collect the administrative fees on behalf of the county. Licensed haulers shall transfer the administrative fees as prescribed in the contracts between the county and licensed haulers.

(Ord. No. 705, § 2, 10-4-22)

This chapter regulates the storage, segregation, collection, transportation, processing, and disposition of solid waste generated within the unincorporated area of the county.

(Ord. No. 705, § 2, 10-4-22)

It is hereby declared that it is in the interest of public health, safety, and welfare that the county control and manage the segregation, storage, collection, transportation, processing, and disposal of solid waste in the unincorporated areas of the county.

(1) In this regard, the county is responsible for all aspects of management of solid waste. It may carry out this responsibility itself or it may contract with persons to conduct such work.

(2) The county has full authority to regulate the collection and transportation of solid waste, including recyclables and organics, within the jurisdiction of the county.

(Ord. No. 705, § 2, 10-4-22)

The board shall, by resolution, establish additional rules and regulations to administer and carry out the policies and purposes of this chapter as from time to time appear to be in the best interests of the public health, safety, and welfare.

(Ord. No. 705, § 2, 10-4-22)

The public works director is charged with administration of this chapter and the rules and regulations adopted by the board. The public works director is authorized to make necessary and reasonable policies and procedures with respect to the accumulation, collection, transportation, processing, recycling, and disposal of various types of solid waste and issuance or denial of licenses to collect and haul solid waste, consistent with this chapter and the rules and regulations adopted by the board. The director of the public Health department, or their designee, shall have authority to enter, at any reasonable hour, upon the premises of any person regulated by this chapter to determine compliance with this chapter and the rules and regulations adopted by the board.

(Ord. No. 705, § 2, 10-4-22)

Except as otherwise provided herein, the words used in this chapter shall be interpreted consistent with the definitions set forth in Public Resources Code section 40100 et seq., Health and Safety Code section 25110 et seq., and 14 CCR section 17225 et seq. When used in this chapter, the following words shall have the meaning ascribed to them as set forth in this ordinance. Any reference to state statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision. The definitions set forth below shall apply throughout this chapter.

Act means the California Integrated Waste Management Act of 1989 (Public Resources Code section 40000 et seq.) and all regulations adopted under that legislation, as may be amended from time to time.

Agricultural solid waste means manures, culls, prunings, or crop residues resulting from the production, packing, or processing of farm or agricultural products.

Blue container means a container where either the lid of the container is blue in color, or the body of the container is blue in color and lid is either blue, gray, or black in color. Blue containers shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste, or as otherwise defined in 14 CCR Section 18982(a)(5).

Board means the Kings County Board of Supervisors.

Buy back facility means a facility which receives source separated materials for a fee.

CalRecycle means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on the county (and others).

Clean up people means those individuals or firms exclusively providing solid waste cleanup and removal services at residential, commercial, industrial, or institutional locations.

Collection vehicle means any vehicle or equipment used in the collection of residential, commercial, industrial, or governmental solid waste.

Collector means any person who engages in solid waste collection.

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

Commercial edible food generator means a tier one or a tier two commercial edible food generator as defined in this ordinance. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators, or as otherwise defined in 14 CCR Section 18982(a)(7).

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, or as otherwise defined in 14 CCR Section 18982(a)(7).

Compliance review means a review of records by the county, or its designee, to determine compliance with this ordinance.

Compost means the product resulting from the controlled biological decomposition of organic 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 18982(a)(10).

Composting facility means a permitted solid waste facility at which composting is conducted and which produces compost.

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)(14)

Container means any bin, roll-off box, vessel, can or receptacle used for collecting solid waste for removal, whether owned by the collector, licensed hauler, self-hauler, property owner or tenant.

County enforcement official means the director of the county's public health department.

C&D means construction and demolition debris.

Designee means an entity that the county contracts with or otherwise arranges to carry out any of the county's responsibilities of this ordinance, and may be a government entity, a collector, a licensed hauler, a private entity, or a combination of those entities.

Edible food means food intended for human consumption. For the purposes of this ordinance, edible food is not solid waste if it is recovered and not discarded, or as otherwise defined in 14 CCR Section 18982(a)(18). Nothing in this ordinance 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 county to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies, or as otherwise defined in 14 CCR Section 18982(a)(19).

Excluded waste means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the county 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 county'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 county, 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 Public Resources Code sections 41500 and 41802.

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 means operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, and has the same meaning as in Health and Safety Code section 113789, and 14 CCR section 18982(a)(23).

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, including, but not limited to:

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

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

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

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

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 means 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 all institutional, residential, and commercial food product waste, including food scraps.

Garbage means the putrescible animal, fish, fowl, food, fruit, bakery goods or vegetable matter resulting from the preparation, storage, processing, handling, decay, distribution, manufacturing, or consumption of such substance except suet, tallow, bones or meat trimmings that are not rejected by the owner or producer as worthless or useless.

Gray container means a container where either the lid of the container is gray or black in color, or the body of the container is entirely gray or black in color and the lid is gray or black in color.

Gray container waste means solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container, or as otherwise defined in 14 CCR section 18982(a)(28).

Green container means a container where either the lid of the container is green in color, or the body of the container is green in color and the lid is green, gray, or black in color and shall be used for the purpose of storage and collection of source separated green container organic waste, or as otherwise defined in 14 CCR section 18982(a)(29).

Green waste means all grass clippings, leaves, branches and tree trunks and other yard waste generated by residential property owners and placed at the curb.

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.

Hauler route means a licensed hauler's designated itinerary or sequence of stops in the unincorporated area of the county.

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

KWRA means the Kings Waste and Recycling Authority, the joint powers agency consisting of the county and member cities.

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 ordinance 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 ordinance 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.

License means a solid waste collection license issued by the public works director pursuant to article III of this chapter.

Licensed hauler means any person or entity which has obtained a solid waste collection license from the county pursuant to article III of this chapter.

Litter means all improperly discarded solid waste, including but not limited to, convenience food, beverage and other product packages or containers constructed of steel, aluminum, glass, paper, plastic and other natural and synthetic materials thrown or deposited on the lands and waters of the state but not including the properly discarded waste of the primary processing of agriculture, mining, logging, saw milling or manufacturing pursuant to 14 CCR title 14, section 17402(a)(10).

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).

Local enforcement agency means the agency which has been designated under the California Integrated Waste Management Act as the local enforcement agency within the county. The current local enforcement agency is the county's public health department.

Material recovery facility means a facility designed to receive, process, and dispose of solid waste with the purpose of performing salvage and then disposing of the residual solid waste at an approved solid waste disposal site.

Medical waste means biohazardous waste; sharps waste; waste which is generated or produced as a result of the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto or in the production or testing of biologicals pursuant to Health and Safety Code section 117690.

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

Non-compostable paper includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR section 18982(a)(41).

Non-local entity means entities that are not subject to the county's enforcement authority, or as otherwise defined in 14 CCR section 18982(a)(42).

Non-organic recyclables means non-putrescible and non-hazardous recyclable waste 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.

Nuisance means anything which is injurious to human health or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.

Occupant means every owner, tenant, lessee, or person having the care or control of any property or premises.

Organic waste means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, green waste, 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). Notwithstanding this definition, organic textiles and carpets shall not be placed in the green container.

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, association, partnership, political subdivision, government agency, district municipality, public or private corporation, for profit or non-profit, or any other entity whatsoever.

Premises means a tract or parcel of land with or without habitable buildings or appurtenant structures.

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 blue container;

(2) Discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the 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 green container and/or blue container; and

(4) Excluded waste placed in any container, or as otherwise defined in 14 CCR section 18982(a)(55).

Public works director means the county's public works director, or their authorized representative.

Putrescible waste means organic material with a decomposition capacity to emit noticeable quantities of odor and gaseous byproducts. Material in this category includes, but is not limited to, kitchen waste, dead animals, and food waste.

Recovered organic waste products means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR section 18982(a)(60).

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).

Recyclables means solid waste which is aluminum, glass bottles and jars, paper, newspaper, cardboard, plastic containers, tin and bi-metal, white goods, yard or green waste and other materials which can be, processed and returned to the economic mainstream in the from of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

Recycled-content paper means paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR section 18982(a)(61).

Renewable gas means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR section 18982(a)(62).

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

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).

SB 1383 means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added chapter 13.1 (commencing with section 42652) to part 3 of division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

SB 1383 regulations or SB 1383 regulatory means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, division 7, chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

Salvage means the following:

(1) Verb: Segregation of recyclables from the solid waste stream by the generator of that solid waste and preparation for sale by the generator, at a profit, in the commercial market.

(2) Noun: Solid waste which has been prepared by the generator, at the site where generated, and which is salable as a commodity.

Self-hauler means a person, or entity who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, 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 18982(a)(66)(A).

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

Solid waste means all putrescible or non-putrescible solid and semi-solid waste, including recyclables, refuse, garbage, rubbish, trash, decaying vegetable and animal matter, ashes, street refuse, green waste, industrial waste, swill, offal, tin cans, paper, and other offensive or nauseous substances, excepting the following: agricultural solid waste, and liquid-carried industrial wastes, and sewage or sewage hauled as an incidental part of a septic tank or cesspool cleaning service, medical waste, and hazardous and extremely hazardous waste as defined and regulated by state law.

Solid waste collection means the commercial act of collecting, removing, or transporting solid waste generated at residential, commercial, industrial or governmental sites within the unincorporated territory of the county, and hauling it to a facility for processing, transfer, or disposal.

Solid waste hauler means any person or entity which has been issued a solid waste collection license by the public works director pursuant to article III of this chapter.

Solid waste facility means a disposal site, buy-back facility, material recovery facility (MRF), composting facility, transfer station, or a site that engages in any solid waste processing, or any facility specified in the Public Resources Code section 40194. Solid waste facility shall include a commercial or industrial business conducting salvage of recyclables but shall exclude private residences engaged in salvage for their own purposes.

Solid waste processing means the reduction, separation, composting, recovery, salvage, conversion or recycling of solid waste and any activity conducted in a solid waste facility.

Solid waste processor means any person regularly engaged in solid waste processing, including a buy-back facility as defined herein.

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 the ordinance, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste for the purposes of collection and processing.

Source separated blue container organic waste means source separated organic waste that is non-putrescible that can be placed in a blue container and that is limited to the collection of those organic wastes and non-organic recyclables as defined in [14 CCR] section 18982(a)(43), and excluding carpets and textiles, or as otherwise defined by [14 CCR] section 17402(a)(26.7).

Source separated green container organic waste means source separated organic waste that can be placed in a green container specifically for the separate collection of organic waste by the generator, excluding carpets, non-compostable paper, textiles and source separated blue container organic waste.

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

Special waste means solid waste which has characteristics which make it unsuitable for collection and/or processing by regular or routine methods. Such wastes include, but are not limited to, tires, large white goods, demolition. These wastes will be collected and/or processed separately from the regular collection and processing procedures.

State means the State of California.

Supermarket means a full-line, self-service retail store with gross annual sales of $2,000,000.00, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR section 18982(a)(71).

Three-container collection services are services provided for the collection and hauling of solid waste by licensed haulers. A current list of licensed haulers are available at the public works department.

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, and wholesale food vendor, or as otherwise defined in 14 CCR section 18982(a)(71).

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, or 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, or A local education agency facility with an on-site food facility, or as otherwise defined in 14 CCR section 18982(a)(74).

White goods means kitchen or other large appliances.

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 189852(a)(76).

Yard waste means leaves, grass, weeds, and wood materials from trees and shrubs.

(Ord. No. 705, § 2, 10-4-22)