§ 26-36. Definitions. [Added 3-21-2022 by Ord. No. 1280]

As used in this Article:

BLACK CONTAINER — Shall mean any bin, can, receptacle, or any other type of receptacle or depository designated by the City or a City-designated waste removal company for the deposit, storage,

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City of Oakdale, CA § 26-36

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and collection of refuse. For the two-container collection service, this also includes the deposit, storage and collection of recyclables. A container may also be described as an automatic lift container cart, drop box, roll-off, compactor container, standard automated container, drop box container or detachable container or bin.

C&D — Construction and demolition debris.

CALIFORNIA CODE OF REGULATIONS or CCR — Means the State of California Code of Regulations. CCR references in this article 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 Jurisdictions (and others).

CITY — Means the City of Oakdale, California, or the area within the territorial limits of the City of Oakdale, California, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision.

CITY ENFORCEMENT OFFICIAL — Means the City Manager or designee, except as otherwise provided herein, the Public Services Director shall administer, implement and enforce the provisions of this chapter.

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 article.

COMMERCIAL EDIBLE FOOD GENERATOR — Includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Section 26-36 (nnn) and (ooo) of this article 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 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 Oakdale 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 article, 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 compost ability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C), and have shown to properly breakdown during processing and composting operations without becoming a contaminant to finished compost material.

CONTAINER CONTAMINATION or CONTAMINATED CONTAINER — Means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section18982(a)(55).

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DESIGNATED SOURCE SEPARATED ORGANIC WASTE FACILITY — As defined in 14 CCR Section 18982(14.5), means a solid waste facility that accepts a source separated organic waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the requirements according to facility type in 14 CCR Section18982(a)(14.5)(A) through Section 18982(a)(14.5)(B).

DESIGNEE — Means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this article 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.

EDIBLE FOOD — Means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). Nothing in this article 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 article including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

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 the 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, 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.

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:

• (a) A food bank as defined in Section 113783 of the Health and Safety Code;

• (b) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and

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

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A food recovery organization is not a Commercial Edible Food Generator for the purposes of this article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

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 article 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, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

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

FOOD WASTE — Means food scraps, food-soiled paper, and compostable plastics.

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, and pizza boxes.

GREEN CONTAINER — Shall mean any bin, can receptable of cart that has the same meaning as in 14 CCR Section 18982.2(a)(29), or an existing onsite container labeled as organics, and shall be used for the purpose of storage and collection of source separated green container organic 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 Section18982(a)(30).

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).

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% between January 1, 2022 and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

INSPECTION — Means a site visit where the 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 article, 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, as defined in 14 CCR Section 18982(a)(38).

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 article 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, hall, conference or civic

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center, airport, performing arts center, museum, theater, or other public attraction facility. For purposes of this article 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, as defined in 14 CCR Section 18982(a)(39).

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).

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-COMPOSTABLE PAPER — Includes but is not limited to paper that is coated in a plastic and/or metallic 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):

• (a) Special district(s) located within the boundaries of the City, including Oakdale Joint Unified School District.

• (b) State agencies located within the boundaries of the City, including Caltrans, Cal Fire or Stanislaus County facilities.

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 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 Section18982(a)(48).

PAPER PRODUCTS — Include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section18982(a)(51).

PRINTING AND WRITING PAPERS — Are as otherwise defined in 14 CCR Section 18982(a)(54).

PROHIBITED CONTAINER CONTAMINANTS —

• (a) PROHIBITED CONTAINER CONTAMINANTS — Means the following: (i) 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; (ii) Excluded waste placed in any container.

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RECOVERED ORGANIC WASTE PRODUCTS — Means products made from California, landfilldiverted 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 Section18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

RECYCLED-CONTENT PAPER — Means paper products and printing and writing paper that consists of at least 30% 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 and/or wireless electronic devices to visualize and providing photo documentation of the contents of containers, for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

RESTAURANT — Means an establishment primarily engaged in the retail sale of food and drinks for onpremises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

ROUTE REVIEW — Means a visual Inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

SB 1383 — Means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

SB 1383 REGULATIONS — Means or refers to, for the purposes of this article, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

SELF-HAULER — Means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to a collection site or facility. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

SINGLE-FAMILY — Means of, from, or pertaining to any residential premises with fewer than five units.

SOLID WASTE — 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:

• (a)

  • Hazardous waste, as defined in the State Public Resources Code Section 40141.

• (b) 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).

• (c) 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

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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.

SOURCE SEPARATED — Means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from Black Container Waste or other solid waste for the purposes of collection and processing.

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 pet waste, carpets, non-compostable paper, and textiles.

SOURCE SEPARATED RECYCLABLE MATERIALS — Means source separated non-organic recyclables.

STATE — Means the State of California.

SUPERMARKET — Means a full-line, self-service retail store with gross annual sales of $2,000,000, 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 either a; supermarket, grocery store with a total facility size equal to or greater than 10,000 square feet, food service provider, food distributor, or wholesale food vendor, or as otherwise defined in 14 CCR Section18982(a)(73).

TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR — As defined in 14 CCR Section 18982(a)(74), is a Commercial Edible Food Generator that is either a restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet, hotel with an on-site food facility and 200 or more rooms, health facility with an on-site food facility and 100 or more beds, large venue, large event, a State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet, or a local education agency facility with an on-site Food Facility.

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).