Mission Viejo Municipal Code Div. 1 Generally

The city finds and declares:

(a) State recycling legislation, including organics recycling laws such as Assembly Bill 1826 of 2014, and state climate-related legislation, such as Senate Bill 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016, requires the recycling of food waste and green waste and consequently has and will increase solid waste disposal fees in order to comply with state legislation.

(b) As a general law city, the city must comply with all state recycling laws by adopting regulations as required by the state, including adopting an ordinance to update the city's integrated waste management code to require food waste and green waste recycling by January 1, 2022.

(c) The city is required by the state to pass ordinance(s) and enforce and report compliance with all state recycling laws, or otherwise the state may conduct enforcement actions against the city, including taking direct enforcement against non-compliant entities and seeking administrative penalties against the city of up to $10,000.00 per day for failure to implement the requirements of state law or not meeting the objectives of Senate Bill 1383 of 2016.

(d) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their cities to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.

(e) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste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 jurisdictions to implement a mandatory commercial recycling program.

(f) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 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, as amended, supplemented, superseded, and replaced from time to time), 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.

(g) 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 cities, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.

(h) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires cities to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 regulations. This article will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.

(i) All statutes, code of regulations or other referencing to a controlling authority mean the statute, code or authority, as may be amended from time to time, and specifically the version current as of the date of reference or use by anyone interpreting or applying this ordinance.

(Ord. No. 21-340, § 2, 7-13-21)

Editor's note— Ord. No. 21-340, § 2, adopted July 13, 2021, enacted provisions designated as § 6.10.050. In order to maintain the intended placement within the Code, said provisions have been redesignated as § 6.10.005 at the discretion of the editor.

Definitions generally. For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by Division 30, Part 1, Chapter 2 of the Public Resources Code, §§ 40105-40200, and the regulations of the California Integrated Waste Management Board, if defined therein, and if not, to the definitions found in the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901, et seq. and the regulations implementing RCRA, as they may be amended from time to time.

AB 341, as amended, supplemented, superseded, and replaced from time to time, requires all businesses generating four or more cubic yards of non-recyclable solid waste per week, and all Multi-Family dwellings consisting of five units or more, to arrange for Recycling services and requires all local agencies to provide a Commercial Recycling program meeting specified criteria on or before July 1, 2012.

AB 1594, as amended, supplemented, superseded, and replaced from time to time, mandates that as of January 1, 2020, the use of green material as alternative daily cover (ADC) will no longer constitute diversion through recycling and will instead be considered disposal in terms of measuring a jurisdiction's annual 50 percent per capita disposal rate.

AB 1826, as amended, supplemented, superseded, and replaced from time to time, requires all businesses generating four or more cubic yards of organic waste (called organic waste in the remainder of this agreement) per week to recycle their organic waste; multi-family housing with five or more units generating four or more cubic yards of green waste and landscape and pruning waste to recycle their green waste and landscape and pruning waste; and, requires all local agencies to provide a commercial organic recycling program meeting specified criteria on or before January 1, 2016. On or before January 1, 2019, AB 1826 requires businesses generating four or more cubic yards of solid waste per week to recycle their organic waste and multi-family housing with five or more units generating four or more cubic yards of solid waste per week to recycle their green waste and landscape and pruning waste. If CalRecycle determines that the statewide disposal of organic waste in 2020 has not been reduced by 50 percent of the level of disposal during 2014, the organic recycling requirements on businesses will expand to cover businesses that generate two cubic yards or more of commercial solid waste per week.

Act means the California Integrated Waste Management Act of 1989, (sometimes referred to as "AB 939") as it may be amended from time to time.

Alternative daily cover means materials placed on the surface of the active face of the refuse fill area at the end of each operating day to control vectors, fires, odor, blowing litter and scavenging, as defined in Section 20164 of the California Code of Regulations. ADC includes all approved waste-derived and non-waste-derived material types as defined in Section 20690b. During the Term of this collection service agreement, effective January 1, 2020, the use of green material as ADC does not constitute diversion through recycling and shall be considered disposal pursuant to Section 41781.3(2)(A).

Approved disposal facility means the one of the Orange County Landfill sites, or such other disposal facility directed by the city, which is fully permitted and in compliance with all applicable federal, state and local laws and regulations adopted thereto governing such disposal.

Authorized recycling agent means a person, firm, partnership, corporation, or other entity licensed, permitted or otherwise authorized by the city to collect recyclable solid wastes in the city. "Authorized recycling agents" are not authorized to collect commingled solid waste containing potentially recyclable solid wastes, as commingled solid waste containing potentially recyclable solid wastes is regarded, for purposes of this chapter, as solid waste.

Bin means a metal or plastic Container, with a capacity of one cubic yard up to, and including, eight cubic yards, designed or intended to be mechanically dumped into a loader packer type truck that is approved for such purpose by the city. Bins may also include compactors that are owned by the multi-family dwelling (MFD) or commercial service unit wherein the MFD or commercial collection service occurs.

Blue 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 or source separated blue container organic waste. A blue container has a blue lid and the body can be any color.

Bulky goods or bulky waste means and includes, but not by way of limitation, discarded appliances, furniture, tires, carpets, mattresses, and similar large items that require special collection due to their size or nature, but can be collected without the assistance of special loading equipment such as forklifts or cranes and without violating vehicle load limits. Up to six bags of green waste shall be counted as a single bulky item.

California Code of Regulations or CCR means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

CalRecycle means 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 city (and others).

Cart means a heavy plastic receptacle and a rated capacity of at least 32 gallons and not more than 96 gallons, having a hinged, tight-fitting lid and wheels that is approved by the city for use by service recipients for collection services.

City means the City of Mission Viejo, California, a municipal corporation, and all of the territory lying within the municipal boundaries of the city as presently existing and all geographic areas which may be added or annexed to the city.

City clean-up service means the collection of solid waste, green waste, organic waste, recyclable materials and bulky items by the solid waste collector resulting from written or verbal requests from the city for temporary clean-up programs at a centralized collection site. Such service shall include the provision of bins or roll-off boxes by the solid waste collector and the transport and delivery of the collected materials to the appropriate approved facility.

City container service means the collection of solid waste and recyclable materials from public litter containers and the transport and delivery of the collected materials to the appropriate approved facility.

City manager means an individual having that title in the employ of the City of Mission Viejo or the city manager's duly authorized representative.

City service unit means those city properties or city locations which the city requests that the solid waste collector provide services.

City waste means solid waste, recyclable materials, green waste, organic waste and bulky items generated at a city service unit.

Civic litter containers means city-owned receptacles located in public areas for disposal of waste generated by the public, which meet the standards of 14 C.C.R. Chapter 3, Article 9, §§ 17830, et seq., as amended.

Collect, collected or collection means the act of the solid waste collector taking physical possession of, and removing discarded materials, whether by manual, semi-automated or automated means, and transporting such materials to the approved facility.

Collection services means SFD collection service, MFD collection service, city collection service, and commercial collection service.

Commercial bin means a bin provided by a solid waste collector, usually three cubic yards, more or less in capacity, designed for the temporary accumulation and collection of solid waste, placed by a solid waste collector at commercial businesses and charged at commercial rates. "Commercial bins" do not include construction bins placed at residential premises.

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 includes a tier one or a tier two commercial edible food generator as defined in 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).

Commercial service means collection services performed at or for a commercial business.

Commercial service work day means any day Monday through Saturday.

Commercial solid waste means all types of solid waste, including recyclable materials, green waste, organic waste and bulky items generated at a commercial business. "Commercial solid wastes" does not include residential solid waste or recyclable material.

Community composting means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

Compliance review means a review of records by the city to determine compliance with this chapter.

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 plastics or compostable plastic means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

Construction and demolition debris or C&D mean materials resulting from construction, renovation, remodeling, repair, or demolition operations relating to or resulting from a building, structure, pavement or other improvement, including, without limitation, concrete, brick, bituminous concrete, rubble, wood and masonry, composition roofing and roofing paper, steel, and other metals such as copper. "Construction and demolition debris" or "C&D" also includes, without limitation, rocks, soils, tree remains and other green waste which results from land clearing or land development operations in preparation for construction.

Construction bin means any container, commercial roll-off bin or other similar receptacle used for the accumulation and temporary storage of construction and demolition waste or similar material, and which is emptied by means of special collection equipment.

Construction bin permit means a permit for the placement of a construction bin on any premises in the city, whether or not it is a public street, alley, sidewalk, parking lot or other public right-of-way. The issuance of construction bin permits is governed by this chapter 6.10 and not chapter 14.10. Placement of a construction bin in a public street, alley, sidewalk, parking lot or other public right-of-way requires not only a construction bin permit issued pursuant to this chapter but also an encroachment permit, issued by the city engineer pursuant to chapter 14.10.

Container means any commercial bin, construction bin, residential solid waste container, vessel, can or other receptacle used for the temporary accumulation, collection and removal of solid wastes, including but not limited to construction and demolition waste, recyclable solid wastes, organic waste, or green waste.

Contamination means the inclusion in a container of excluded waste of any amount; or materials other than organic waste in an organic waste container, or materials other than recyclable materials in a recyclable materials container, which render more than ten percent of the contents of the container materially unsuitable for the intended type of diversion.

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).

Continuation claim hauler means a solid waste collector which claims a right to collect solid waste based on "continuation rights" as set forth in Public Resources Code §§ 49520 et seq.

County agency enforcement official means a county agency enforcement official, designated by the city with responsibility for enforcing the chapter in conjunction or consultation with a city enforcement official.

Covered electronic waste or CEW means discarded electronic devices that the California Department of Toxic Substances Control (DTSC) has determined to be a covered electronic device, as specified by Section 42463(f) of the California Public Resources Code. CEWs include cathode ray tube (CRT) devices (including televisions and computer monitors); LCD desktop monitors; laptop computers with LCD displays; LCD televisions; plasma televisions; portable DVD players with LCD screens; and other electronic devices as may be added by the DTSC from time to time.

Designee means an entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of 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 solid waste, recyclable materials, organic materials, and C&D placed by a generator in a receptacle and/or at a location for the purposes of collection by the solid waste collector, excluding exempt waste.

Disposal or disposed mean the ultimate disposition of unprocessed solid waste intended for disposal.

Disposal facility means the designated landfill(s), or such place or places specifically designated by the solid waste collector and approved by the city, or specifically designated by the city, for the disposal or processing, as appropriate, of solid waste and other materials collected.

Divert or diversion (or any variation thereof) means to prevent recyclables and organic waste from disposal at landfill through source reduction, reuse, recycling, and composting, as provided in Section 41780-41786 of AB 939, as AB 939 may be hereafter amended or superseded.

Drop box means containers with a typical capacity of eight to 40 cubic yards that are serviced by a roll-off collection vehicle.

Dwelling unit means any individual living unit in a single-family dwelling (SFD) or multi-family dwelling (MFD) structure or building 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 city to address non-compliance with this ordinance chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

Electronic waste or E-waste means discarded electronic equipment including, without limitation, televisions, computer monitors, central processing units (CPUs), laptop computers, computer peripherals, external hard drives, keyboards, scanners, and mice, printers, copiers, facsimile machines, radios, stereos, stereo speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular telephones, and other electronic devices.

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 city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in class III landfills or accepted at the facility by permit conditions, waste that in city's, or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or 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, household batteries, universal wastes, home-generated sharps, and/or latex paint when such materials are defined as allowable materials for collection through the city's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the city or its designee for collection services.

Fixed body vehicle means any wheeled vehicle that does not rely on a roll-off box or other detachable container to collect, contain and transport material. Dump trucks shall be considered fixed body vehicles.

Food distributor means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

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

Food recovery means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

Food recovery organization means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

(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 for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

Food scraps means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, eggshells, fats, oils, and greases.

Food service provider means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

Food-soiled paper is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

Food waste means food scraps, food-soiled paper, and compostable plastics.

Franchise means the right and privilege: (1) to make arrangements for the collection of and to collect, (2) to transport to landfills, transformation facilities or other licensed solid waste management facilities and/or (3) to divert recyclables and organic waste collected within the city. Any franchise is subject to any continuation rights held by any other solid waste enterprise pursuant to Public Resources Code § 49520 et seq.

Franchise fee means the fee or assessment imposed by the city on a solid waste collector because of its status as a solid waste collector.

Generator means any person whose act or process produces discarded materials, or whose act first causes any of these items to become subject to regulation.

Gray 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 gray container waste. The lid of the 'gray container' is gray or black in color and the body can be any 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 as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

Green 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 green container organic waste. The lid of the 'green container' is green in color and the body can be any color.

Green waste (also sometimes referred to as yard waste or landscaping waste) means any vegetative matter resulting from normal yard and landscaping maintenance that is not more than three feet in its longest dimension or six inches in diameter which has been source separated by the customer and set out for green waste collection which except for such source separation and set out would have been processed or disposed of as solid waste. Green waste includes plant debris, such as palm, yucca and cactus, ivy, grass clippings, leaves, pruning, weeds, branches, brush, holiday trees (without stands, flocking or ornamentation), and other forms of vegetative waste and must be generated by and at the service unit wherein the green waste is collected. Green waste does not include items herein defined as excluded waste.

Grocery store means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

Gross revenues means any and all revenue or compensation in any form derived directly or indirectly by a solid waste collector, its affiliates, subsidiaries, parents and any person or entity in which a solid waste collector has a financial interest, from the collection, transportation, processing, disposal and other services with respect to solid waste collected within the City of Mission Viejo, including recyclable solid wastes, organic waste, and green waste pursuant to a franchise, permit, or license. "Gross revenues" include, but are not limited to, monthly customer fees for collection of solid waste and recyclable solid wastes, special pickup fees, commercial bin and drop box rental and collection fees, fees for redelivery of commercial bins and drop boxes and revenue from the sale of recyclable solid wastes, without subtracting franchise fees or any other cost of doing business. Gross billings do not include revenues from the sale of recyclable materials.

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

Hazardous substance means any of the following: (a) any substances defined, regulated or listed (directly or by reference) as "hazardous substances" or hazardous material, hazardous waste, toxic waste, pollutant, or toxic substances or similarly identified as hazardous to human health or the environment, in or pursuant to: (i) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Law, 49 USC §5101, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7901 et seq.; and, (vii) California Water Code §13050; (b) any amendments, rules, or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and, (c) any other hazardous or toxic substance, material, chemical, waste, or pollutant identified as hazardous or toxic or regulated under any other Applicable Law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's (PCBs), petroleum, natural gas, and synthetic fuel products and by-products.

Hazardous waste means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State in Health and Safety Code §25110.02, §25115, and §25117 or in the future amendments to or recodifications of such statutes or identified and listed as Hazardous Waste by the U.S. Environmental Protection Agency (EPA), pursuant to the federal Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

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).

Holidays shall mean the observed holiday for Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and New Year's Day.

Home-generated sharps means hypodermic needles, pen needles, intravenous needles, lancets and other devices that are used to penetrate the skin for the delivery of medications derived from a residential property.

Household batteries means disposable or rechargeable dry cells such as those referred to as A, AA, AAA, B, C, D, 9-volt, button type or those from laptop computers or cell phones, and commonly used as power sources for consumer electronics devices, including but not limited to zinc oxide, nickel metal hydride, alkaline, mercury, silver oxide, lithium, lithium ion and carbon zinc, but excluding automotive lead acid batteries.

Inspection means a site visit where a city 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 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

Large venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

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).

Master billed community means a parcel of real property on which more than one dwelling unit is located, where the owner of such parcel elects to receive from the solid waste collector, and will pay, single invoices for all solid waste collection services at the parcel. However, master-billed communities do not include multi-family complexes.

Materials recovery facility or MRF means the designated transfer station(s) or any other approved facility, selected by the solid waste collector and approved by the city, or specifically designated by the city, designed, operated, and legally permitted for the purpose of receiving, sorting, processing, storing, or preparing recyclable materials and cardboard, scrap metal, wood, asphalt, concrete and other inert materials for sale.

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.

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

Non-collection notice means a form, as approved in advance by the city, used to notify a service recipient of the reason for the non-collection of materials set out by the service recipient for collection by the solid waste collector.

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 the following entities that are not subject to the city's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

(1) Public universities (including community colleges) located within the boundaries of the city, including Saddleback Community College.

(2) State agencies located within the boundaries of the city, including all public school locations.

Non-organic recyclables means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

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

Organic waste means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green waste, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

Organic waste generator means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

Organic waste processing facility means the designated organic waste processing facility or such other facility selected by the solid waste collector and approved by the city, or specifically designated by the city, which is designed, operated and legally permitted for the purpose of receiving and processing organic waste.

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).

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: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container; (iii) 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 the city's green container and/or blue container; and, (iv) excluded waste placed in any container.

Processing means to sort, separate, prepare, treat, bale or otherwise package, compost, cure, or to take other steps necessary to re-use materials at the approved facilities, or to remanufacture, reconstitute, and or create new products from discarded materials. Processing includes reuse, recycling and composting.

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 material means those materials which are capable of being recycled and which have been source separated by the customer and which except for such source separation would otherwise be processed or disposed of as solid waste. No discarded materials shall be considered recyclable materials unless such material is separated from solid waste and organic waste. Recyclable materials shall include, but not be limited to: newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, cereal and other similar food boxes); chipboard; corrugated cardboard; glass containers, all colors; aluminum (including beverage containers, foil, food containers, small pieces of scrap metal); scrap metal weighing less than ten pounds (without cords or chains and fitting into the container); steel, tin or bi-metal cans; plastic containers, (numbers one to seven) and in addition those materials added or removed by the solid waste collector from time to time, subject to city approval, which shall not to be unreasonably withheld. Recyclable materials exclude excluded waste.

Recycle or recycling means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise be disposed of in a landfill, and returning 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.

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 regional agency as defined in Public Resources Code Section 40181.

Remote monitoring means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

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).

Residential or residential property means on, of or pertaining to property used for residential purposes, irrespective of whether such dwelling units are rental units or owner-occupied, or whether commercial activities are conducted thereon or therefrom, provided that such commercial activities are permitted under applicable zoning regulations and do not consist of the primary use of the property. For the purposes of this chapter, each apartment, flat, or dwelling unit of a duplex, triplex, four-unit or less apartment house, or four-unit or less condominium complex shall be considered as a separate dwelling, unless the managers or residents of such a complex arrange for centralized disposal which shall be treated as a commercial entity.

Residential service work day means any day Monday through Friday.

Residential solid waste means all types of solid waste, including green waste, organic waste and recyclable solid waste, generated or accumulated at residential premises and placed in residential containers for accumulation and collection. "Residential solid wastes" does not include commercial solid waste or recyclable material.

Residential solid waste container means a container (a trash can, barrel or cart) provided by a service recipient or a solid waste collector for the accumulation, storage and collection of single family residential solid waste, including recyclables and organic waste. The term "residential solid waste containers" does not include "multi-family residential bins" nor those commercial bins used by commercial solid waste service recipients.

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

Reusable materials means items that are capable of being used again after minimal processing. Reusable materials may be collected source separated or recovered through a processing facility.

Roll-off box mean open-top containers with a typical capacity of eight to 40 cubic yards that are serviced by a roll-off collection vehicle.

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.

Self-hauler means a person, 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).

Service area means that area within the corporate limits of Mission Viejo, California.

Service level means the size of a customer's container and the frequency of collection service.

Service recipient means an individual, agency, organization or company receiving collection service pursuant to this agreement.

Single-family, single-family dwelling, SFD, or single-family service unit means, notwithstanding any contrary definition in a city code, any detached or attached house or residence designed or used for occupancy by one family, provided that collection service feasibly can be provided to such premises as an independent unit, and the owner or occupant of such independent unit is billed directly for the collection service. "Single-family," "single-family dwelling," "SFD," or "single-family service unit" includes residential units of a duplex, tri-plex, or four-plex residential structure provided that the owner or occupant of each unit is separately billed for its specific service level. Single-family means of, from, or pertaining to any residential premises with fewer than five units.

Single-family dwelling service means collection services performed at and for single-family dwellings.

Solid waste has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and 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.

Notwithstanding any provision to the contrary, solid waste may include de minimis volumes or concentrations of waste of a type and amount normally found in solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid waste includes salvageable materials only when such materials are included for collection in a solid waste container.

Solid waste collector means a solid waste enterprise which collects solid waste, or which places bins for the temporary accumulation and collection of solid waste, including construction and demolition waste, and holds a city franchise, permit, or license. A non-franchised solid waste collector may only operate in the city if it is providing the services described in section 6.10.226(a).

Source reduction means any action which causes a net reduction in the generation of solid waste. It includes, but is not limited to, reducing the use of non-recyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of green waste, food waste, organic waste, and/or construction and demolition materials generated, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials, as well as the food rescue of edible food.

Source separated or source separation 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 gray container waste/mixed waste or other solid waste for the purposes of collection and processing.

Source separated blue container organic waste means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(26.7).

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

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

Special event collection service means the collection of solid waste, recyclable materials and organic waste as appropriate at city-sponsored special events.

Split bin means metal container, with a capacity of typically three or four cubic yards, designed with a dividing panel to separate solid waste and recyclables mechanically dumped into a loader packer type truck that is approved for such purpose by the city. Bins may also include compactors that are owned by the multi-family dwelling (MFD) or commercial business wherein the MFD or commercial collection service occurs.

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).

Tier one commercial edible food generator means a commercial edible food generator that is one of the following:

(1) Supermarket.

(2) Grocery store with a total facility size equal to or greater than 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 a commercial edible food generator that is one of the following:

(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

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

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

(4) Large venue.

(5) Large event.

(6) 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.

(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.

Transfer station means a facility, selected by the solid waste collector and approved by the city, or specifically designated by the city, designed, operated and legally permitted for the purpose of receiving and transferring solid waste, recyclable materials including green waste and food waste, organic waste, bulky items, and/or C&D debris.

Universal waste means wastes, including, without limitation, household batteries, fluorescent light bulbs, mercury switches, and electronic waste.

White goods means discarded refrigerators, ranges, water heaters, freezers, and other similar household 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).

(Ord. No. 96-155, § 1, 1-8-96; Ord. No. 19-328, § 2, 5-14-19; Ord. No. 21-340, § 2, 7-13-21)

Cross reference— Definitions generally, § 1.01.170.

In order to protect public health, safety and well-being, to control the spread of vectors, and to limit sources of air pollution, noise and traffic within the city, the city council, in writing, may authorize one or more solid waste collectors to make arrangements with generators of solid waste, including recyclable solid wastes, organic waste, green waste and construction and demolition waste, for the collection, transfer, recycling, composting and disposal of solid wastes within and throughout the city, in accordance with this chapter.

(Ord. No. 96-155, § 1, 1-8-96; Ord. No. 21-340, § 2, 7-13-21)

Solid waste collectors who arrange for the collection of solid wastes shall make arrangements with their customers specifying the manner, time and frequency for integrated waste management services, subject to the provisions in this chapter adopted by the city to protect public health, safety and well-being and to limit sources of noise and air pollution within the city, to limit the city's exposure to contaminated landfill cleanup liability.

(Ord. No. 96-155, § 1, 1-8-96)

In order to carry out its duties to plan for the management of vehicular traffic and mitigate adverse air quality effects, the city council may determine solid waste service collection categories, including but not limited to, e.g., residential, single family residential, multifamily residential, commercial, construction and demolition, industrial, special, special event, household hazardous waste, recyclable solid waste, organic waste and other and may make or impose franchise, license, contract or permit requirements which vary for such categories.

(Ord. No. 96-155, § 1, 1-8-96; Ord. No. 21-340, § 2, 7-13-21)

In order to protect the public health, safety and well-being and to prevent the spread of vectors, the owner, occupant, or other person responsible for the day-to-day operation of every place or premises in the City of Mission Viejo shall make arrangements with the city's franchised solid waste collector for the collection of solid wastes, as set forth in this chapter. Residents and businesses may donate or sell recyclable materials to non-franchised haulers and/or entities as described in section 6.10.226.

(Ord. No. 96-155, § 1, 1-8-96; Ord. No. 21-340, § 2, 7-13-21)

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

(Ord. No. 96-155, § 1, 1-8-96)

Upon placement by the owner of recyclable solid waste at a designated recycling collection location, or placement of recyclable or organic solid waste or recyclable or organic materials from commercial business in a container provided by a solid waste collector for collection of recyclable or organic solid wastes, or placement of recyclable/organic solid waste or recyclable/organic material from residential premises in a container provided by a solid waste collector for collection of recyclable solid waste placed at the curbside, the recyclable materials and recyclable solid wastes become the property of the solid waste collector, by operation of state law. P.R.C. § 41950(c).

(Ord. No. 96-155, § 1, 1-8-96; Ord. No. 21-340, § 2, 7-13-21)

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

(b) Recyclable material which is mixed with solid waste shall be considered to have been discarded and to have become Recyclable solid waste.

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

(d) A person who receives a discount or reduction in the collection, disposal and/or recycling service rates for unsegregated or segregated solid waste shall not be deemed to be selling or donating recyclable material and does not fall within this "donate or sell" exception.

(Ord. No. 96-155, § 1, 1-8-96)