§ 11.10

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

Approved construction and demolition debris processing facility means any of the facilities, used to process construction and demolition debris, that have been approved by the regional agency.

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).

Ca/Recycle means the California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations with regard to cities, counties, special districts, and other regulated entities.

Commercial business or commercial means a non-residential premises including a firm, partnership, proprietorship, joint- stock company, corporation, or association where business activity is conducted including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon residential property that are permitted under applicable zoning regulations and are not the primary use of the property, whether for-profit or nonprofit, strip mall, or industrial facility, or as otherwise defined in 14 CCR Section 18982(a)(6), with the exception that multi-family is excluded from the definition of commercial business.

Commercial edible food generator includes a Tier one or a Tier two commercial edible food generator as defined in of this chapter or as otherwise defined in 14 CCR Section 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).

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 (1) time does not exceed one hundred (100) cubic yards and seven hundred fifty (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 Town to determine compliance with this article.

Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that "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.

Compostable plastic means plastic materials that meet the ASTM D6400 standard for composability, or as otherwise described in 14 CCR Section 189841(a)(l)(A) or 18984.2(a)(l)(C).

Container(s) mean bins, carts, 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).

County means the County of Santa Clara, California.

County agency enforcement official means an authorized designee of the County of Santa Clara in the Public Health Department or other departments who is/are partially or whole responsible for enforcing this chapter.

Customer means the person who receives the collection contractor's services and to whom the contractor/Town submits its billing invoice to and collects payment from for collection services provided to a premises. The customer may be either the occupant, owner, or designated responsible party by the owner of the premises, as allowed by the Town Code.

Construction and demolition debris or C&D debris means discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded materials and universal waste. C&D debris includes rocks, soils, tree remains, and other yard trimmings that result from land clearing or land development operations in preparation for construction.

C&D hauler means the collection contractor that has been granted the exclusive or non­exclusive rights to collect C&D debris in the Town through the agreement entered into by the collection contractor and the regional agency.

Covered project means and includes any project that meets the thresholds set forth in Section 11.60.010.

Dead animals means those animals that die naturally, from disease, or are accidentally killed, but shall not mean condemned animals or parts of animals from slaughterhouses or similar places.

Designee means an entity that the Town contracts with or otherwise arranges to carry out any of the Town's responsibilities pursuant to this chapter 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.

Discarded materials means recyclable materials, organic materials, and solid waste discarded by a generator for the purpose of collection and/or self-hauling, excluding excluded waste.

Disposal or dispose (or any variation thereof) means the final disposition of solid waste, or processing residue at a disposal facility.

Dwelling unit means any individual living unit in a single-family dwelling, multi-family dwelling, structure or building, mobile home, or motor home located on a permanent site intended for, or capable of being utilized for, residential living other than a hotel or motel.

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 Town or regional agency to address non­compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

Enforcement entity means an appointed designee for the enforcement of this chapter. A designee may be the Town enforcement official, regional agency's enforcement official, county enforcement official, other designee, or a combination or those entities.

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 Town 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 Town's, its designee's, or regional agency's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the Town, its designee, or regional agency's 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 California Public Resources Code. Excluded waste does not include used motor oil and filters, and household batteries when such materials are defined as allowable materials for collection through the Town's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by Town, Regional agency, or exclusive hauler for collection services.

Exclusive hauler means the collection contractor that has been granted the exclusive rights to collect recyclable materials, organic materials, and solid waste, in the Town through the agreement entered into by the collection contractor and the regional agency.

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. "Food recovery organization" includes, but is 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.

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.

Food scraps means those discarded materials that will decompose and/or putrefy including: (i) all kitchen and table food waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (iii) discarded paper (including paper containers and cartons) that is contaminated with food scraps and compostables; (iv) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (v) vegetable trimmings, houseplant trimmings and other compostable organic waste common to the occupancy of residential dwellings. Food scraps are a subset of food waste. 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- soiled paper is a subset of food waste.

Food waste includes food scraps and food-soiled paper, and includes compostable plastics, unless Town, its designee, regional agency, or exclusive hauler excludes compostable plastics in the organic materials containers. Food waste is a subset of organic materials.

Generator means any person whose act first causes discarded materials to become subject to regulation under this chapter of the Town code or under federal, State, or local laws or regulations.

Green waste means tree trimmings, grass cuttings, dead plants, leaves, branches and dead trees (not more than three (3) inches in diameter), garden and tree fruits and vegetables, and similar materials generated and Source Separated from other materials at the Premises.

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).

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

Health facility has the same meaning as in Section 1250 of the Health and Safety Code.

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).

Hotel has the same meaning as in Section 17210 of the Business and Professions Code.

Inspection means a site visit where a Town, its designee, or regional agency 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).

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 two thousand (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 two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. 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. A site under common ownership or control that includes more than one (1) 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.

Local education agency means a school district, charter school, or county office of education that is not subject to the control of Town or County regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

Multi-family residential dwelling or multi-family means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. Residential premises with fewer than five (5) dwelling units shall be considered single-family.

MWELO refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

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 an entity that is an organic waste generator but is not subject to the control of a jurisdiction's regulations related to solid waste. These entities may include, but are not limited to, special districts, federal facilities, prisons, facilities operated by the state parks system, public universities, including community colleges, county fairgrounds, and state agencies.

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.

Occupant means the person who occupies a premises.

Organic materials means green waste, food waste, lumber, and wood waste.

Organic materials container has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated organic materials.

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, green 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).

Overage means discarded materials exceeding the container's intended capacity such that the container's lid is lifted by at least one (1) inch (or would be lifted by at least one (1) inch if there was a lid); or, (ii) discarded materials placed on top of or in the immediate vicinity of the container, excluding allowed cardboard.

Owner means the person(s) holding legal title to real property and/or any improvements thereon and shall include the person(s) listed on the latest equalized assessment roll of the county assessor, or as otherwise defined in 14 CCR Section 18982(a)(57).

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).

Premises means any land or building in the Town where recyclable materials, organic materials, solid waste, or C&D are generated or accumulated.

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).

Process or processing (or any variation thereof) means the controlled separation, recovery, volume reduction, conversion, or recycling of source separated recyclable materials or source separated organic materials including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).

Prohibited container contaminants means the following: (i) discarded materials placed in the recyclable materials container that are not identified as acceptable source separated recyclable materials for the Town's recyclable materials container; (ii) discarded materials placed in the organic materials container that are not identified as acceptable source separated organic materials for the Town's organic materials container; (iii) discarded materials placed in the solid waste container that are acceptable source separated recyclable materials and/or source separated organic materials to be placed in Town's organic materials container and/or recyclable materials container; and, (iv) excluded waste placed in any container.

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).

Recyclable materials means materials that are intended for the purposes of being reused or recycled. The particular materials eligible to be recycled through the Town's programs shall be specified from time to time by the regional agency.

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

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).

Regional agency means the West Valley Solid Waste Management Authority.

Regional agency enforcement official means a designated enforcement official from the regional agency or other Regional or county agency, designated by the Town with responsibility for enforcing the chapter in conjunction or consultation with Town enforcement official.

Remote monitoring means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of recyclable materials containers, organic materials containers, and solid waste

materials containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

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 Section 18982(a)(62) 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).

Salvage means the controlled removal of C&D debris from a covered project, for the purpose of reuse or storage for later 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 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 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

Self-hauler means a person, who hauls solid waste, organic waste or recyclable material they have 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). Self-hauler also includes a landscaper.

Share table has the same meaning as in Section 114079 of the Health and Safety Code.

Single-family means of, from, or pertaining to any residential premises with fewer than five (5) units.

Solid waste has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and no putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, C&D debris, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

(1)

Hazardous waste, as defined in the State Public Resources Code 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 State 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 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 materials container has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of solid waste.

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 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 solid waste for the purposes of collection and processing.

Source separated organic materials means source separated organic materials that can be placed in an organic materials container that is specifically intended for the separate collection of organic waste.

Source separated recyclable materials means source separated recyclables materials that can be placed in a recyclable materials containers that is specifically intended for the separate collection of recyclable materials.

State means the State of California.

Supermarket means a full-line, self-service retail store with gross annual sales of two million dollars ($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).

Tier one commercial edible food means a commercial edible food generator that is one (1) of the following, as defined in this chapter:

(1)

Supermarket.

(2)

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

(3)

Food service provider.

(4)

Food distributor.

(5)

Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.

Tier two commercial edible food generator means the following:

(1)

Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.

(2)

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

(3)

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

(4)

Large venue.

(5)

Large event.

(6)

State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

(7)

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

If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.

Town means the Town of Los Gatos, California, a political subdivision of the State of California, and its duly authorized representatives.

Town Enforcement Official means the Town manager, or other executive in charge or their authorized Designee(s) who is/are partially or whole responsible for enforcing the ordinance.

Transportation or transport means the act of conveying collected materials from one location to another.

Universal waste means waste defined by 22 CCR subsections 66273.1 through 66273.9, including, but not limited to batteries, fluorescent light bulbs, mercury switches, and E-waste.

West Valley Clean Water Authority means the stormwater pollution prevention authority for the cities of Campbell, Monte Sereno, Saratoga, and the Town of Los Gatos.

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.

(Ord. No. 2356, § III, 4-2-24)

Cross reference— Definitions and rules of construction generally, § 1.10.015.

Pursuant to Government Code Section 66757, the Town hereby makes the following determinations:

(1)

The following aspects of solid waste handling are of local concern: 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.

(2)

The public health, safety and well-being require that discarded materials handling services be provided by a wholly exclusive franchise and C&D debris handling services be provided by an exclusive or non-exclusive C&D debris collection services franchise agreement. The terms of franchise shall be set forth in a franchise agreement approved by resolution of the Town Council or entered into by the regional agency if the Town's solid waste program is managed by a joint powers authority.

(Ord. No. 2356, § III, 4-2-24)

(a)

No person, except as provided in Section 11.10.015, shall collect or gather or cause to be collected or gathered, discarded materials or C&D debris within the Town, or carry, convey or transport, or cause to be carried, conveyed or transported, discarded materials or C&D debris through any of the streets, alleys or public places of the Town.

(b)

No person shall collect C&D Debris produced, kept, or accumulated within the Town, unless such person holds a valid and current contract with the regional agency or is an agent or employee of the Town acting within the course and scope of their employment.

(c)

This Section shall not apply to the following:

(1)

Persons carrying, conveying or transporting discarded materials or C&D debris owned by them to an authorized disposal site.

(2)

Persons collecting or gathering, or carrying, conveying or transporting, discarded materials or C&D debris to be salvaged.

(3)

Persons collecting or gathering, or carrying, conveying or transporting, discarded materials or C&D debris to an authorized disposal site upon an irregular or occasional basis.

(4)

Gardeners or tree surgeons collecting or gathering, or carrying, conveying or transporting, tree branches, yard trimmings, grass clippings, weeds and leaves from premises where such gardeners or tree surgeons have performed services resulting in such discarded materials, to an authorized disposal site.

(d)

This Section shall not apply to the following for the collection of discarded materials:

(1)

Collection and transport of recyclable materials and organic materials other than edible food that have been source separated from solid waste by the generator and that: (1) generator sells or donates to any other person, provided that there is no net payment made by the generator to such other person; or (2) have a value equal to or more than the cost of collection.

(2)

Commercial business owner or resident collection and transportation of discarded materials for processing generated in or on their own premises with their own vehicle. However, the owner or resident shall be required to subscribe to and pay for the minimum required level of discarded materials collection service provided by the exclusive hauler.

(3)

Any items which are source separated at any premises by the generator and sold or donated to other persons, including youth, civic, or charitable organizations.

(4)

Edible food that is collected from a generator by other person(s), such as a person from a food recovery organization or food recovery service, for the purposes of food recovery, or that is transported by the generator to another person(s), such as a person from a food recovery organization, for the purposes of food recovery, regardless of whether the generator donates, sells, or pays a fee to the other person(s) to collect or receive the edible food from the generator.

(5)

Food scraps that are separated by the generator and used by the generator or distributed to other person(s) for lawful use as animal feed, in accordance with 14 CCR Section 18983.1(b)(7). Food scraps intended for animal feed may be self-hauled by generator or hauled by another party.

(6)

Containers delivered for recycling under the California Beverage Container Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code.

(7)

Discarded materials removed from a premises by a contractor (e.g., gardener, landscaper, tree-trimming service, construction contractor, residential clean-out service) as an incidental part of the service being performed, rather than as a separately contracted or subcontracted hauling service; or if such contractor is providing a service that is not provided by the exclusive hauler.

(8)

Organic materials composted on a residential premises or otherwise legally managed at the site where they are generated or at a community composting site.

(9)

Animal waste and remains from slaughterhouse or butcher shops, or grease.

(10)

By-products of sewage treatment, including sludge, sludge ash, grit, and screenings.

(11)

Excluded materials regardless of their source.

(12)

Materials generated by State and County facilities located in the Town, including but not limited to public schools, provided that the facility self-hauls, has arranged services with other persons, or has arranged

services with the contractor through a separate agreement.

(Ord. No. 2356, § III, 4-2-24)

(a)

Except as otherwise expressly provided in this chapter, it shall be unlawful for any person to dispose of discarded materials or C&D debris, except through the service provided by the Town, its agents, servants, or employees, or by persons who shall contract with the Town or the regional agency to gather and collect and to dispose of such discarded materials or C&D debris.

(b)

Any person who collects and disposes of discarded materials in the Town shall do so in compliance with the exclusive franchise agreement approved by resolution of the Town Council or the regional agency.

(Ord. No. 2356, § III, 4-2-24)

All discarded materials collection services in the Town shall be collected in accordance with the exclusive hauler franchise agreement.

(a)

For the collection and transport of C&D debris, an exclusive or non-exclusive contract may be entered into by the Town or regional agency in accordance with the terms and conditions of this chapter. The regional agency may impose a limit on the number of non-exclusive C&D haulers.

(b)

Nothing shall prevent a generator from hauling their own C&D debris to a disposal or approved C&D processing facility.

(Ord. No. 2356, § III, 4-2-24)

(a)

No person shall deposit, keep or accumulate, or cause to be deposited, kept or accumulated, any discarded materials in or about any lot or parcel of land, or any public or private drive, alley or street, or any house, store, restaurant or other place in the Town, unless the same is enclosed in a container of the type described in this article. The exclusive hauler for collection of discarded materials is granted by the Town the rights to encroach on the public right of way, including if necessary, bike lanes, for that period during which contains are permitted to be placed by the exclusive hauler's customers in such right of way for curbside collection from a residential or commercial premises during specific times of collection as prescribed in the agreement entered into by the exclusive hauler and the regional agency.

(b)

No person shall deposit, keep or accumulate, or cause to be deposited, kept or accumulated, any C&D debris in or about any lot or parcel of land or private drives, unless the same is kept, deposited, or allowed to accumulate in a roll-off containers. Such containers shall be kept in a suitable location upon such premises, readily accessible to the collector. C&D debris containers shall not be placed on a public right­of- way or private alley.

(Ord. No. 2356, § III, 4-2-24)

(a)

The container for discarded materials required by Section 11.10.035 shall be watertight, equipped with a close-fitting cover, and shall meet the specifications as required by an exclusive franchise agreement or non-exclusive franchise agreement.

(b)

Larger containers, such as roll-off boxes, may be utilized under terms and conditions prescribed in regulations approved in a C&D debris collection services franchise agreement.

(Ord. No. 2356, § III, 4-2-24)

No person shall keep any combustible materials in any office, commercial, industrial or large multiple housing area (eight (8) units or more) of the Town for a period longer than twenty-four (24) hours, without placing such rubbish in a metal container satisfactory to the Fire Chief.

(Ord. No. 2356, § III, 4-2-24)

No person shall bury in or burn upon any lot, piece or parcel of land, or in or upon any street, way or alley within the Town any discarded materials, C&D debris or excluded waste.

(Ord. No. 2356, § III, 4-2-24)

No person shall dump any discarded materials or C&D debris upon any lot, piece or parcel of land not owned by such person or upon any public street, way, alley or place within the Town.

(Ord. No. 2356, § III, 4-2-24)

No person shall put the carcass of any dead animal or the offal from any dead animal, whether slaughtered or not, or the offal from any slaughterhouse, pen, corral or butcher shop in any creek, pond, street, alley,

highway or public grounds; or shall leave the same to decompose or decay upon the person's private land upon the surface of the ground; or shall allow any animal owned by the person which shall have died from any cause to remain upon any street, alley or highway, or upon any public or private grounds, to decay and create an offensive smell; or shall attempt to destroy such animal or offal by fire within the Town.

(Ord. No. 2356, § III, 4-2-24)

(a)

Requirements for haulers:

(1)

The exclusive hauler providing single-family, multi-family residential dwellings, and commercial recyclable materials, organic waste, and solid waste collection services to generators within the Town's boundaries shall meet the following requirements and standards:

(A)

Transport:

(i)

Source separated recyclable materials to a facility that recovers recyclable materials;

(ii)

Source separated organic materials to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; and

(iii)

Solid waste to a disposal facility; and all facilities shall be approved by the regional agency through the exclusive hauler's collection agreement with the regional agency.

(2)

The exclusive hauler authorized to collect source separated materials and solid waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into by the exclusive hauler and the regional agency.

(3)

The C&D hauler providing C&D collection services to generators within the Town's boundaries shall comply with all requirements contained within its agreement entered into by the C&D hauler and regional agency.

(b)

Requirements for facility operators and community composting operations.

(1)

Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon Town or regional agency request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the Town or regional agency shall respond within sixty (60) days.

(Ord. No. 2356, § III, 4-2-24)

(a)

Self-haulers shall source separate all materials in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste that is mixed with solid waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

(b)

Self-haulers shall haul their source separated materials to facilities that recover those materials. Alternatively, self-haulers may haul organic waste that is mixed with solid waste to a high diversion organic waste processing facility.

(c)

Self-haulers that are owners or property managers of commercial businesses and multi­ family residential dwellings shall keep a record of the amount of recyclable materials and organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers recyclable materials and/or organic waste. This record shall be subject to inspection by the Town, its designee, or regional agency. The records shall include the following information:

(1)

Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic waste, or solid waste.

(2)

The amount of discarded material in cubic yards or tons transported by the generator to each entity.

(3)

If the discarded material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the recyclable materials, organic waste, or solid waste.

(d)

Self-haulers that are owners or property managers of commercial businesses and multi­ family self-haulers shall provide information collected in 11.50.45(c) to Town, its designee, or regional agency, if requested.

(e)

A single-family generator that self-hauls recyclable materials, organic waste, or solid waste is not required to record or report information in 11.50.45(c) and (d).

(Ord. No. 2356, § III, 4-2-24)