4.20 — SOLID WASTE COLLECTION AND REGULATIONS

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

"Act" means the California Integrated Waste Management Act of 1989 (sometimes referred to as "AB 939"), Public Resources Code Section40000 and following as it may be amended, including, but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.

"Bulky items" means discarded large household appliances such as washers and dryers, dishwashers and other appliances without freon (white goods), e-waste, furniture, tires, carpets, mattresses and similar large items which require special handling due to their size, but can be collected without special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. It does not include abandoned vehicles.

"City" means the City of Oakley.

"City franchise hauler" means any person with whom the City shall have duly contracted under the terms hereinafter set out in this article to collect and transport solid waste, recyclables, and/ or organic materials in, through, and from the City.

"Construction and demolition debris" ("C&D debris") means solid wastes such as building materials, packaging and inert debris resulting from C&D projects. Common C&D debris include but are not limited to: lumber, metals, pipe, wire, sheet metal, asphalt, concrete, stone, brick, slate, masonry, drywall, carpet, carpet padding and foam, packing materials, cardboard, paper, building materials, doors, windows, fixtures, plastics, appliances, ceiling or floor tiles, and green waste or landscape debris related to land development such as soil, brush, trees, rock, branches and stumps.

"E-waste" means discarded electronics equipment such as cell phones, personal digital assistants (PDA), computers, monitors, televisions, and other items containing cathode ray tubes (CRTS), LCD, LED or plasma screens and monitors.

"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 or organics 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.

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 or organics 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.

"Exempt waste" means biohazardous or biomedical waste, hazardous waste, waste treatment or processing sludge, contaminated soil and dirt, contaminated concrete, contaminated asphalt, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, leadacid batteries, any matter or materials which are not acceptable for disposal at a solid waste landfill as defined in AB 939 and subsequent legislation, and those wastes under the control of the Nuclear Regulatory Commission.

"Food recovery organization(s)" means an entity that engages in the collection or receipt of

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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 food recovery services that transport food for recovery. This includes, but is not limited to:

• 1. A food bank as defined in Section 113783 of the Health and Safety Code;
• 2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and
• 3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

"Garbage" means all putrescible and nonputrescible solid, semisolid, and liquid wastes generated or accumulated through the normal activities of a premises. All nonrecyclable packaging and putrescible waste attributed to normal activities of a premises. Garbage must be generated by and at the premises wherein the garbage is collected. Garbage does not include recyclable materials, organic materials, construction and demolition debris, bulky items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste.

"Green waste" means organic material from trees, shrubs, plants, weeds, branches, grass, lawn clippings, other vegetation, and material capable of being composted; provided, that trees may not be more than six inches in diameter. Green waste does not include plastic bags, bricks, rocks, gravel, large quantities of dirt, concrete, sod, nonorganic wastes, loose fruits and vegetables, tree trunks, stumps, branches more than six inches in diameter or three feet in length, or pet waste.

, lawn clippings, other vegetation, and material capable of being composted; provided, that trees may not be more than six inches in diameter. Green waste does not include plastic bags, bricks, rocks, gravel, large quantities of dirt, concrete, sod, nonorganic wastes, loose fruits and vegetables, tree trunks, stumps, branches more than six inches in diameter or three feet in length, or pet waste.

"Hazardous waste" means any waste materials or mixture of wastes defined as such pursuant to the Resource Conservation and Recovery Act, 42 U.S.C.6901 et seq. (“RCRA”), or the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. Section 9601 et seq., and all future amendments to either of them, or as defined by the California Environmental Protection Agency or the California Department of Resources, Recycling and Recovery, or either of them. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction thereover, the term "hazardous waste" shall be construed to have the broader, more encompassing definition. Hazardous waste shall also have the meaning as that term is defined in Public Resources Code Section 40141.

"Household hazardous waste" means hazardous waste generated at residential sites in the City, including normal residential amounts of household chemicals, pesticides, motor oil, paint, products containing mercury, e-waste categorized as universal waste (such as television tubes or monitors), antifreeze, and lead-acid batteries.

"Inert debris" means asphalt, brick, concrete, cinder block and other masonry products, stone, slate, or rock, whether reinforced or unreinforced. All inert debris materials are contained within the definition of “C&D debris” for purposes of this article.

"Multifamily residential dwelling" ("MFD") means residential premises with five or more dwelling units located on a single parcel of land and any mobile home park located within the city. Multifamily residential dwellings do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

"Organic materials and organics" means organic material that can biologically decompose into a specific mixture of decayed matter, including, without limitation, green waste and food waste which means food scraps separated from solid waste that will decompose and/or putrefy including all residential and commercial kitchen and table food waste, and animal or vegetable

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

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waste that attends or results from the storage, preparation, cooking or handling of foodstuffs. The terms "organic materials" and "organics" are used interchangeably.

"Organic waste generator" means a person or entity that is responsible for the initial creation of organic materials, or as otherwise defined in 14 CCR Section18982(a)(48) of SB 1383.

"Person" includes any individual, firm, partnership, co-partnership, corporation, limited liability company, trust, association, or any other form of business enterprise.

"Premises" means any dwelling, place of residence, rooming house, hotel, club, restaurant, boardinghouse, eating place, shop, place of business, and any other building, grounds, or location where solid waste is or may be produced or accumulated, including all sidewalk, curb, gutter, and street and alley areas adjacent thereto.

"Recoverable material" means material which is capable of being retrieved or diverted from disposal or transformation for the purpose of recycling, reuse, and composting. Recoverable material does not include those materials generated from and reused on site for manufacturing purposes.

"Recyclable materials" means any materials or by-products that are set aside, handled, and/or packaged for purposes of recycling, including, without limitation, glass, paper, cardboard, wood, concrete, plastic, used motor oil and filters, ferrous and nonferrous metal, aluminum, and any other waste materials that are capable of being recycled. This definition includes construction and demolition debris, including inert debris but excludes hazardous waste.

"Recycling" means the process by which material which would otherwise be disposed of is collected, sorted, cleansed, treated, reconstituted, and reused to make another product after its first use is completed and for which a market is identified for the collected materials.

"Reuse" means the recovery or reapplication of the material for uses similar or identical to its originally intended application, without manufacturing or preparation processes that significantly alter the material.

"SB 1383" means the Short-Lived Climate Pollutants: Methane Emissions: Dairy and Livestock: Organic Waste: Landfills Act of 2016. Article 4 Title 14, Division 4, Chapter 12 of the California Code of Regulations.

"Self-hauler(s)" means a person who hauls solid waste, recyclable materials, or organic materials that he or she has generated to another person. Self-hauler also includes a person who backhauls solid waste, or as otherwise defined in 14 CCR Section 18982(a)(66). "Back-haul" means generating and transporting organic materials 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).

"Solid waste" means garbage, recyclable materials, organic materials, construction and demolition debris, bulky items, e-waste, universal waste, and other discarded solid and semisolid wastes as defined in the California Public Resource Code Section 40191, as that section may be amended from time to time. "Solid waste" means all such materials defined in PRC 40191. Solid waste does not include exempt waste or any of the following wastes: 1) hazardous waste other than e-waste; 2) radioactive waste; and 3) medical waste regulated pursuant to the Medical Waste Management Act.

"Source reduction" means efforts taken to minimize the quantity of waste generated and entering the wastestream.

"Special handling materials" means all materials which are defined as requiring special handling

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for the public health and safety by Federal, State or County laws or regulations.

"Subscriber" means all persons, firms, corporations, or entities which generate, keep, or accumulate solid waste, recyclable materials, organic materials or salvageable materials, hazardous waste, infectious wastes or special handling materials within the boundaries of the City.

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

• • Supermarkets with gross annual sales of $2,000,000 or more.
• 2. Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.
• 3. Food service provider.
• 4. Wholesale food vendor.

SB 1383 tier one commercial edible food generators are required to comply with SB 1383 regulations by January 1, 2022, or face significant financial penalties.

"Tier two commercial edible food generator" means a commercial edible food generator that is one 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.
• 6. A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.
• 7. A local education agency facility with an on-site food facility.

SB 1383 tier two commercial edible food generators are required to comply with SB 1383 regulations by January 1, 2024, or face significant financial penalties.

"Universal waste" means televisions, computer monitors, consumer electronics with circuit boards, fluorescent lamps, cathode ray tubes, nonempty aerosol cans, instruments and switches that contain mercury, and dry cell batteries containing cadmium copper or mercury.

"Wastestream" means the process of placing solid waste, organic materials, and recyclable materials for collection, the collection of same by the City franchise hauler, and the delivery of same by the City franchise hauler to a licensed sanitary landfill. (Ord. 15-09, 6/9/2009; Ord. 11-21, 12/14/2021)

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City of Oakley, CA

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