64.150 T (as it may be amended from time to time).

"Dwelling unit" means any individual living unit that includes a kitchen, and a room or suite of rooms, and is designed or occupied as separate living quarters for an individual or group of individuals. Dwelling units include live/work units, as defined by Oakland Planning Code Section 17.65.160 (as it may be amended from time to time). Dwelling units do not include work/live units, as defined by Oakland Planning Code Section 17.65.150, which are considered commercial.

"Edible Food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Municipal Code or as otherwise defined in 14 CCR Section 18982(a) (18), "Edible Food" is not solid waste if it is recovered and not discarded. The recovery of edible food that does not meet the food safety requirements of the California Retail Food Code, as codified in the Health and Safety Code Section 113700, et seq. is not required or authorized.

"E-waste" means waste that is powered by batteries or electricity, such as computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, videocassette players/recorders, compact disc players/recorders, calculators and other items that the California Department of Toxic Substances Control has determined, or determines in the future, to be a covered electronic device under Public Resources Code Section 42463 (as it may be amended from time to time).

"Enforcement Action" means an action of the relevant enforcement agency to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"Enforcement Agency" means an entity with the authority to enforce part or all of O.M.C. 8.28 and WMA 2021-02 as specified herein and in WMA Ordinance 2021-02. Employees and agents of an enforcement agency may carry out inspections and enforcement activities pursuant to O.M.C. 8.28. If no other enforcement agency is identified in a particular section of O.M.C. 8.28, then the City will be the enforcement agency.

"Excluded Waste" means hazardous substances, 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 reasonable

opinion of the City or its regulated haulers would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City or its regulated haulers 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 Public Resources Code. Excluded waste does not include used motor oil and filters set next to recycling cart in motor oil collection kit and household batteries set in a plastic bag on top of the recycling container for collection, or electronic waste and white goods included in the bulky collection program through the City's collection programs if the generator or customer has properly placed the materials for collection pursuant to instructions provided by the City or its regulated haulers providing service to the generator.

"Finance Officer" means the City revenue representative designated by the City Administrator.

"Fixed Body Vehicle" means any wheeled motor vehicle that does not rely on a roll-off box or other detachable container to collect, contain and transport material.

"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 edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

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

"Food-Soiled Paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, napkins, and pizza boxes, and is approved by the applicable member agency for placement in the compost container.

"Food Waste" means food scraps and food-soiled paper, in combination or separately.

"Generator" means a single-family premises (including residential premises with fewer than five (5) units), person, commercial business or multi-family dwelling or any other entity that produces solid waste, mixed materials, organic materials, bulky goods or recyclable materials.

"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).

"Hazardous Waste."

(1)

"Hazardous waste" means any hazardous waste, material, substance or combination of materials which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or may pose a substantial present or potential risk to human health or the environment when improperly treated, stored, transported, disposed or otherwise managed; and which requires special handling under any present or future federal, state or local law, excluding de minimis quantities of waste of a type and amount normally found in residential discarded material after implementation of programs for the safe collection, recycling, treatment and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code (as they may be amended from time to time).

(2)

"Hazardous waste" shall include but not be limited to: (a) substances that are toxic, corrosive, inflammable or ignitable; (b) petroleum products, crude oil (or any fraction thereof) and their derivatives; (c) explosives, asbestos, radioactive materials, toxic substances or related hazardous materials; and (d) substances defined-, regulated or listed (directly or by reference) by applicable local, state or federal law as "hazardous

substances," "hazardous materials," "hazardous wastes," "pollutant," "reproductive toxins," "toxic waste" or "toxic substances" or similarly identified as hazardous to human health or the environment, including those so defined in or pursuant to any of the following statutes: i) the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") of 1980, 42 USC Section 9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act 49 USC Section 1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC Section 6901 et seq.; (iv) the Clean Water Act, 33 USC Section 1251 et seq.; (v) California Health and Safety Code Section 25115-25117, 25249.8, 25281 and 25316; (vi) the Clean Air Act, 42 USC Section 7901 et seq.; (vii) California Water Code Section 13050; and (viii) all rules and regulations adopted and promulgated pursuant to such statutes and subsequently enacted amendments to or recodifications of such statutes and any regulations subsequently adopted or amended pursuant to these statutes, as well as any subsequently enacted or amended federal or California statute relating to the use, release or disposal of toxic or hazardous substances, or to the remediation of air, surface waters, groundwater, soil or other media contaminated with such substances or any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable federal, state or local environmental laws currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's ("PCBs"), petroleum, natural gas and synthetic fuel products and by-products.

"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 fifty percent (50%) between January 1, 2022 and December 31, 2024, and seventy-five percent (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).

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

"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 the City, 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.

"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. For purposes of implementation of WMA Ordinance 2021-02, which City has opted into for the purposes of complying with SB 1383, 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 WMA Ordinance 2021-02, and implementation of 14 CCR, Division 7, Chapter 12, 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.

"Material Recovery Facility" means any facility approved by the City that is designed, operated and legally permitted for the purpose of receiving and processing recyclable materials, organic materials or mixed materials.

"Medical Waste" means all materials defined as medical waste in the California Health and Safety Code Section 25023.2, not including waste identified as not being medical wastes in Sections 25023.5 and 25023.8, or the regulations promulgated thereunder, as amended from time to time.

"Mixed Materials" means all materials that are set out by the service recipient for collection by the MM&O collector or self-hauled pursuant to Section 8.28.115, excluding items that are source separated. Mixed materials do not include items defined herein as construction and demolition debris or unacceptable waste. Mixed materials do not include organic materials that are designated for the source separated compost container or recyclable materials designated for the source separated recyclables container. Mixed materials means the same as "landfill container waste" in the WMA Ordinance 2021-02, which is defined as solid waste that is collected in a landfill container that is part of a three-container or three-plus container collection service that prohibits the placement of organic waste in the landfill container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). (Three (3) container collection service refers to service collecting materials in landfill containers, organics containers, and recycling containers).

"Mixed Materials Container" has the same meaning as "gray" container" in 14 CCR Section 18982(a)(28) and "Landfill container" in WMA 2021-02 and shall be used for the purpose of storage and collection of mixed material waste or solid waste.

"Mixed Materials and Organics Collector" or "MM&O collector" means the collector that has entered into a MM&O contract with the City to be the exclusive provider of MM&O collection services.

"MM&O contract" means the agreement between the City and the MM&O collector authorizing the MM&O collector to provide MM&O collection services.

"Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five or more dwelling units. Multi-family premises are considered a distinct type of commercial business for the purposes of implementing SB 1383 in the City. Consistent with the SB 1383 Regulations, residential premises that consist of fewer than five units are not "multi-family" and instead are "single- family" for the purposes of implementing SB 1383 in the City. Multi-family premises do not include hotels, motels, or other transient occupancy facilities nor does it include sheltered nursing facilities or other such similar facility as determined by the City, which are considered other types of commercial businesses.

"Non-Compostable Paper" includes, but is not limited to, paper that is coated, lined or treated with a non- compostable material, or otherwise unacceptable to the compostable materials handling facility processing the material.

"Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable materials including but not limited to recyclable food and beverage glass containers, metal (aluminum and steel) food and

beverage cans, HDPE (high density polyethylene) bottles and PET (polyethylene terephthalate) bottles, and other materials specified in 14 CCR Section 18982(a)(43).

"Notice of Violation" 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 Materials" or "Organics" means plant debris, food scraps, compostable food ware, compostable food containers, compostable paper, horse stable matter and other material that are source separated for collection or for self-haul pursuant to Section 8.28.115 and WMA Ordinance 2021-02 Section 10 on self- haul. Organic materials do not include items herein defined as construction and demolition debris or unacceptable waste. Organic materials means the same as "Source Separated Compost Container Organic Waste" as defined below and in Section 3 Definitions, Subsection (kkk) of the WMA Ordinance 2021-02. These materials are intended to be placed in the City's source separated compost container.

"Organic Waste" means solid waste containing material originated from living organisms and their metabolic waste products, including organic materials, but not limited to food, compostable food ware, compostable food containers, manure, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, 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 includes organic materials, such as plant debris, food scraps, compostable food ware, compostable food containers, and compostable paper meant for the compost collection container and organic materials such as unsoiled paper products and printing and writing paper meant for the source separated recycling container.

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

"Owner" means the person or persons holding legal title to premises.

"Person" includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever, or as otherwise defined in Public Resources Code Section 40170.

"Premises" means any land or building in the City where solid waste, organic materials, bulky goods, and/or recyclable materials are generated or accumulated.

"Processing" means an operation or series of operations, whether involving equipment, manual labor, or mechanical or biological processes that sorts, enhances, upgrades, concentrates, decontaminates, packages or otherwise prepares recyclable materials, organic materials, mixed materials or bulky goods and returns marketable elements thereof to the economic mainstream in the form of raw material for new, reused or reconstituted products.

"Processing Facility" means a facility approved by the City which is designed, operated and legally permitted for the purpose of receiving and processing, and recovering specified collected materials.

"Prohibited Container Contaminants" includes all of the following: (i) materials placed in the recycling container that are not identified as acceptable source separated recyclable materials for the City's recycling

container; (ii) materials placed in the compost container that are not identified as acceptable source separated compost container organic waste for the City's compost container; (iii) materials placed in the mixed material container that are acceptable source separated recyclable materials and/or acceptable source separated compost container organic waste that can be placed in the City's compost container and/or recycling container; and, (iv) excluded waste placed in any container.

"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 those materials that are source separated for the purposes of being reused or processed into other usable forms, whether the recyclable materials are discarded, donated or sold.

"Recycling Container" shall be used for the purpose of storage and collection of source separated recyclable materials.

"Regulated Hauler" means a person that collects solid waste (other than solid waste generated by a permitted building project) originating in the City from compost containers, recycling containers, and/or mixed material containers, and does so under a franchise agreement, or permit with the City.

"Remote Monitoring" means the use of mechanical or electronic devices to identify the types of materials in recycling containers, compost containers, and/or mixed material containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

"Residential Recycling Collector" or "RR collector" means the collector that has entered into a RR contract with the City to be the exclusive provider of residential recycling collection services.

"Residue" or "Residual" means materials remaining after the processing of mixed materials, recyclable materials, organic materials or bulky goods which cannot reasonably be diverted.

"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).

"RR Contract" means the agreement between the City and the RR collector authorizing the RR collector to provide RR collection services.

"Route Review" means a visual inspection of containers along a regulated hauler route for the purpose of determining container contamination and may include mechanical or electronic inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

"Self-Hauler" means a person, who hauls solid waste, organic waste or recyclable material they have generated to another person for disposition as allowed by the City and otherwise in accordance with all applicable laws. Self-hauler also includes a person who back-hauls such materials, and as otherwise defined in 14 CCR Section 18982(a)(66).

"SB 1383" means Senate Bill 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016.

"SB 1383 Regulations" means or refers to, for the purposes of implementing this Chapter and WMA Ordinance-2021-02, 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.

"Service Recipient" means a person receiving collection services.

"Single-Family Dwelling" or "SFD" means a detached or attached residence containing four (4) or fewer dwelling units when each dwelling unit is designed or used for occupancy by one (1) or more individuals.

"Solid Waste" has the same meaning as defined in 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 Public Resources Code Section 40141.

(2)

Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code).

(3)

Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the Public Resources Code.

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

"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 this Section and WMA Ordinance 2021-02, which the City has opted into to comply with SB 1383, 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 mixed material waste (landfill container waste) or other solid waste for the purposes of collection and processing.

"Source Separated Compost Container Organic Waste" means source separated organic waste that can be placed in a compost container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated recycling container organic waste, carpets, non-compostable paper, and textiles.

"Source Separated Recyclable Materials" means source separated non-organic recyclables such as glass bottles and jars, metal cans (ferrous, non-ferrous, and bi-metal containers, including empty aerosol containers), aluminum foil and trays, milk and juice cartons, soup and juice boxes, all narrow neck rigid plastic containers, and non-bottle rigid plastics and source separated recycling container organic waste such as paper and cardboard…and other materials identified as acceptable by the City and may also be referred to herein as "recyclable materials."

"Source Separated Recycling Container Organic Waste" means source separated organic wastes that can be placed in a recycling container that is limited to the collection of those organic wastes and non-organic recyclables, as defined herein or as otherwise defined in CCR Sections 18982(a)(43) and 18982(a)(46). Source separated recycling container organic waste shall include paper, cardboard, and includes unsoiled paper products and printing and writing paper.

"Tier One Commercial Edible Food Generator" means a commercial edible food generator that is one (1) of the following: (the terms described below are further defined in WMA Ordinance 2021-02, Section 3).

(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 WMA Ordinance 2021-02 which City has opted into for the purposes of complying with SB 1383.

"Tier Two Commercial Edible Food Generator" means a commercial edible food generator that is one (1) of 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.

If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition as to entities subject to the regulatory authority of a member agency, the definition in 14 CCR Section 18982(a)(74) shall apply to the WMA Ordinance 2021-02 which City has opted into for the purposes of complying with SB 1383.

"Transfer Station" means a facility with all appropriate permits utilized to receive collected materials, to temporarily store the collected materials, and to transfer the collected materials to a processing or disposal facility as appropriate.

"Unacceptable Waste" means any and all waste, including but not limited to hazardous waste, household hazardous waste and medical waste, the acceptance or handling of which by collector would cause a violation of any permit condition or legal or regulatory requirement, damage or substantial damage to collector's equipment or facilities, or present a substantial endangerment to the health or safety of the public or collector's employees; provided, that de minimis quantities or waste of a type and amount normally found in solid waste or mixed materials after implementation of programs for the safe collection of household hazardous waste shall not constitute unacceptable waste.

"Universal Waste" or "U-waste" means waste that the California Department of Toxic Substances Control ("DTSC") considers universal waste (California Code of Regulations Title 22, Div. 4.5, Ch 23), including materials such as batteries, thermostats, lamps, cathode ray tubes, computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, video cassette players/recorders, compact disc players/recorders, calculators, some appliances, aerosol cans, fluorescent lamps and certain mercury-containing devices.

"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. 13671, § 2, 12-21-2021; Ord. No. 13314, § 1, 6-22-2015)