Piedmont Municipal Code Div. 9.11 Definitions

In this chapter:

Alameda County means all of the geographical areas located within the incorporated and unincorporated areas of Alameda County whereas “County of Alameda” or “County” refers to the public entity, a body corporate and politic of the State of California.

Applicant means the person or entity (or the authorized representative) who submits an application for approval for a city permit to undertake any construction, demolition, or renovation project in the city. An applicant need not possess legal title to the subject property, so long as the applicant is an authorized agent with the written consent of the property owner.

Back-Haul means generating and transporting Organic Waste to a destination owned and operated by a generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

Blue container means a container where either:
(A) The lid of the container is blue in color.
(B) The body of the container is blue in color and the lid is either blue, gray, or black in color. Hardware such as hinges and wheels on a blue container may be 18 any color.

Business service unit means a retail, professional, office, or other commercial enterprise offering goods or services to the public.

CalRecycle means California's Department of Resources Recycling and Recovery, which is the state agency designated with responsibility for developing, implementing, and enforcing the SB 1383 Regulations.
California Code of Regulations or “CCR” means the State of California Code of Regulations. CCR references in this chapter and the WMA ORRO are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

Certification of Recycling Service Form means documentation certifying that a Commercial Business does not subscribe to collection services for Compost Containers and/or Recycling Containers because the Commercial Business has arranged for collection of its Source Separated Compost Container Organic Waste and/or Source Separated Recyclable Materials by self- hauling, Back-Haul, contracting with a third party hauler, or shares service with another Commercial Business.

City means the City of Piedmont.

Collection means the process whereby solid wastes are removed and transported to a disposal

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facility, organic wastes processing facility, organic waste processing facility or materials recovery facility, as appropriate.

Collection services means single-family dwelling (SFD) collection service, multi-family dwelling (MFD) collection service, City collection service, and Commercial collection service. Commercial collection service means collection of garbage, organic waste, large items, and recyclables materials from a business service unit.

Commercial Business or Commercial means a firm, partnership, proprietorship, joint-stock company, corporation, institution or association (whether incorporated or unincorporated or for- profit or nonprofit), strip mall, industrial facility, or a Multi-Family Residential Dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6).

Commercial Edible Food Generator includes a Tier One or a Tier Two Commercial Edible Food Generator as defined herein 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 applicable Enforcement Agency to determine compliance with this chapter and the WMA ORRO.

Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this Ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Waste that is Source Separated from the municipal Solid Waste stream, or which is separated at a centralized facility.

Compost Container has the same meaning as “Green Container” in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Compost Container Organic Waste.

Compostable material has the same meaning as in 14 CCR Section 17852(a)(11).

Compostable material handling operation or facility has the same meaning as in 14 CCR Section 17852(a)(12). Compostable Plastics or Compostable Plastic means plastic materials that meet the ASTM D6400 and D6868 standards for compostability and are certified by the Biodegradable Products Institute (BPI) or similar third-party approved by the WMA, and are approved by the applicable Member Agency for placement in the Compost Container.

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Consolidation Sites mean means facilities or operations that receive solid waste for the purpose of storing the waste prior to transfer directly from one container to another or from one vehicle to another for transport and which do not conduct processing activities. Consolidation activities include, but are not limited to, limited volume transfer operations, sealed container transfer operations, and direct transfer facilities.

Construction means the building of any facility or structure or any portion thereof including owner or tenant improvements to an existing facility or structure.

Construction and demolition debris or “C&D” means commonly used or discarded materials removed from construction, remodeling, repair, demolition, or renovation operations on any pavement, house, commercial building, or other structure, or from landscaped areas. Such materials include, dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastics, roofing material, cardboard, carpeting, cinder blocks, concrete, copper, electrical wire, fiberglass, Formica, granite, iron, lad, linoleum, marble, plant debris, pressboard, porcelain, steel, stucco, tile, vinyl, wood, masonry, trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble. Construction and demolition debris does not include exempt waste.

Construction and Demolition Debris Processing Facility means a facility that is operated and legally permitted for the purpose of accepting construction and demolition debris for receiving, sorting, processing, storing and/or preparing construction and demolition debris for sale.

Contamination or Contaminants has the same meaning as “prohibited container contaminants” as defined in 14 CCR Section 18982(a)(55).

Container Contamination or Contaminated Container means a container, regardless of type, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

Contractor means the person or entity designated by the city council to provide exclusive collection of solid waste within the city limits.

Covered Container means a container that is covered to prevent the migration of litter from the container, excessive infiltration of precipitation, odor and leachate production, and to prevent access by animals and people; thereby controlling litter, scavenging, and illegal dumping of prohibited wastes. Covers may include, but are not limited to, tarpaulins or similar materials.

Demolition means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

Designated source separated organic waste facility 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 following:
(A) The facility is a “transfer/processor,” as defined in Section 18815.2(a)(62), that is in compliance with the reporting requirements of Section 18815.5(d), and meets or exceeds an

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annual average source separated organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to Section 18815.5(f) for organic waste received from the source separated organic waste collection stream.

1. If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required in paragraph (A) of this section for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a “Designated source 19 separated organic waste facility.”
   (B) The facility is a “composting operation” or “composting facility” as defined in Section 18815.2(a)(13) that pursuant to the reports submitted under Section18815.7 demonstrates that the percent of the material removed for landfill disposal that is organic waste is less than the percent specified in Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in Section 17896.57.
2. If the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in Section 17409.5.8(c)(2) or 28 17409.5.8(c)(3) for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a “Designated 30 source separated organic waste facility.”

Designee means an entity that the WMA or an applicable Member Agency contracts with or otherwise arranges to carry out any of the WMA’s or Member Agency’s responsibilities for compliance with the SB 1383 Regulations. A Designee may be a government entity, a Regulated Hauler, a private entity, or a combination of those entities.

Direct service provider means a person, company, agency, district, or other entity that provides a service or services to a jurisdiction pursuant to a contract or other written agreement.

Direct Transfer Facility means a transfer facility that receives equal to or more than 60 cubic yards or 15 tons (whichever is greater) of solid waste per operating day but less than 150 tons of solid waste and meets all of the following requirements:

(A) is located on the premises of a duly licensed solid waste hauling operator;
(B) only handles solid waste that has been placed within covered containers or vehicles prior to entering the facility and that is transported in vehicles owned or leased by that same operator;
(C) the facility does not handle, separate, or otherwise process the solid waste;
(D) no waste is stored at the facility for more than any 8-hour period;
(E) solid waste is transferred only once and directly from one covered container or vehicle to another covered container or vehicle so that the waste is never put on the ground or outside the confines of a container or vehicle, before, during, or after transfer. Direct transfer would not include top loading trailers where the solid waste actually leaves the confines of the collection vehicle and is suspended in air before falling into a transfer vehicle; (F) all of the contents of the original transferring container or vehicle must be emptied during a single transfer; and
(G) any waste that may unintentionally fall outside of the containers or vehicles, is promptly cleaned up and replaced within the container or vehicle to which it was being transferred.

Director means the Public Works Director or his or her designee.

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Divert means to use material for any purpose other than disposal in a landfill or transformation facility.

DTSC means Department of Toxic Substances Control.

Dwelling unit means a room or a suite of connecting rooms, which provides complete, independent living quarters for one or more persons, including permanent facilities for living, sleeping, eating, cooking and sanitation, and which complies with all building and construction code requirements.

EA means enforcement agency as defined in PRC section 40130.

E-Waste means discarded electronics equipment such as cell phones, computers, monitors, televisions, and other items containing cathode ray tubes (CRTs), LCDs or plasma screens and monitors.

Edible Food means food intended and fit for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Ordinance 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 Ordinance 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, as codified in the Health and Safety Code Section 113700, et seq.

Emergency Transfer/Processing Operation means an operation that is established because there has been a proclamation of a state of emergency or local emergency, as provided in Title 14, Division 7, Chapter 3, Article 3, Sections 17210.1 (j) and (k) and which meets all of the following requirements:

(A) the operation handles only disaster debris and other wastes, in accordance with Section 17210.1(d), during the disaster debris recovery phase; and (B) the location does not currently have a solid waste facility permit;
(C) if the operation accepts, processes, or stores hazardous or household hazardous waste, then these activities must be in compliance with DTSC standards or standards of other appropriate authorities or agencies.

Enforcement Action means an action of the relevant Enforcement Agency to address non- compliance with this chapter and the WMA ORRO 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 this chapter and WMA ORRO as specified therein. Employees and agents of an Enforcement Agency may carry out inspections and enforcement activities pursuant to this chapter and the WMA ORRO. Nothing in this chapter and the WMA ORRO authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity. Nothing in

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this chapter and the WMA ORRO shall preclude the City of Piedmont from enforcing any provisions stated therein.

Excluded Waste or Exempt 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 a Member Agency 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 applicable Member Agency or a Regulated Hauler operating in that Member Agency’s jurisdiction would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the applicable Member Agency or a Regulated Hauler 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, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the applicable Member Agency’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the applicable Member Agency or the Regulated Hauler providing service to the generator.

Facility that recovers source separated organic waste means a facility that handles source separated organic waste separately from any other wastes as required in 14 CCR Section 17409.5.6.

Food has the same meaning as in Section 113781 of the Health and Safety Code.

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, and generally includes operations that store, prepare, package, serve, vend, or otherwise provide food for human consumption at the retail level, including, but not limited to, the following: An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food, and/or any place used in conjunction with the operations described above, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. Food Facilities include permanent and nonpermanent food facilities, including, but not limited to, the following: public and private school cafeterias; restricted food service facilities; licensed health care facilities, except as provided in Section 113789(c)(12) of the Health and Safety Code; commissaries; mobile food facilities; mobile support units; temporary food facilities; vending machines; certified farmers’ markets, for purposes of permitting and enforcement pursuant to Health and Safety Code Section 114370; farm stands, for purposes of permitting and enforcement pursuant to Health and Safety Code Section 114375; fishermen’s markets; microenterprise home kitchen operations; catering operations; and host facilities. Section

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113789(c) of the Health and Safety Code provides additional information on the entities that “Food Facility” does not include.

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 or the WMA ORRO 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 Ordinance. 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 or the WMA ORRO and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). Food service provider means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of other based on contractual arrangements with these types of organizations. 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 the Member Agency for placement in the Compost Container.

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Food waste means Food Scraps, Food-Soiled Paper, and Compostable Plastics in combination or separately.

Franchise agreement means the agreement entered into between the city and the city’s designated contractor for the exclusive collection of solid waste generated within the city limits.

Garbage means all non-recyclable packaging, and putrescible waste attributed to normal activities of a service unit. Garbage must be generated by and at the service unit wherein the garbage is collected. Garbage does not include those items defined as recyclable materials, organic waste, large items, E-waste, U-waste, or exempt waste.

Gray container means a container where either: (A) The lid of the container is gray or black in color. (B) The body of the container is entirely gray or black in color and the lid is gray or black in color. Hardware such as hinges and wheels on a gray container may be any color. Gray Container Waste or Gray Container Collection Stream 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 Section 18984.1(a) and (b).

Green container means a container where either:
(A) The lid of the container is green in color. (B) The body of the container is green in color and the lid is green, gray, or black in color. Hardware such as hinges and wheels on a green container may be any color.

Green 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 and fits in the organic waste cart or overage bag used by the service recipient. Green waste includes plant debris, such as palm, yucca and cactus, ivy, grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, 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 exempt waste.

Greenhouse gas means carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and other fluorinated greenhouse gases as defined in this section.

Greenhouse gas emission reduction or greenhouse gas reduction means a calculated decrease in greenhouse gas emissions relative to a project baseline over a specified period of time.

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

Hauler has the same meaning as in 14 CCR Section 18815.2(a)(32).

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Hauler Route means the designated itinerary or sequence of stops for each segment of a Member Agency’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
Hazardous Wastes means any waste which meets the definitions set forth in 16 Title 22, Section 66261.3, et seq. and is required to be managed. Hazardous wood waste means wood that falls within the definition of “Treated wood” or “Treated wood waste” in Section 67386.4 of Title 22 of the 23 California Code of Regulations. Health Facility has the same meaning as in Section 1250 of the Health and Safety Code, and generally includes a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer. Health and Safety Code Section 1250 provides additional information on facilities included in the definition of Health Facility. 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).
Implementation Record includes the records maintained by an applicable Member Agency regarding its implementation and enforcement of the SB 1383 Regulations, as required and described in 14 CCR 18995.2.
Incompatible Material or Incompatibles, means human-made inert material, 18 including, but not limited to, glass, metal, plastic, and also includes organic waste for 19 which the receiving end- user, facility, operation, property, or activity is not designed, 20 permitted, or authorized to perform organic waste recovery activities as defined in 21 Section 18983.1(b) of Article 2, Chapter 12. Inspection means an Enforcement Agency’s electronic or on-site review of 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 Ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35). Landfill Container has the same meaning as “Gray Container” in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Landfill Container Waste.
Landfill Container Waste means 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

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as otherwise defined in 14 CCR Section 17402(a)(6.5). (Three container collection service refers to service collecting materials in Landfill Containers, Organics Containers, and Recycling Containers.) 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 Ordinance. For the purposes of this definition of Large Event, “local agency” means all public agencies except those that are not subject to the regulatory authority of the applicable Member Agency such as prison(s), facilities operated by the State park system, public universities (including community colleges); County fairgrounds; special districts, and other State agencies. Large items means those materials including furniture; carpets; mattresses; white goods; brown goods; E-waste; clothing; tires without rims; large green waste that does not exceed seven feet by four feet by two feet (7’x4’x2’) and weighing no more than 60 pounds, which are attributed to the normal activities of a single-family dwelling service unit, multi-family dwelling service unit that receives cart collection, or city service unit. Large items must be generated by and at the service unit where the large items are collected. Large items do not include exempt waste.

Large green waste means oversized green waste such as tree trunks and branches with a diameter of not less than six inches and not more than two feet and a length of not more than five feet in its longest dimension, which are attributed to the normal activities of a single-family dwelling, multi-family dwelling, or city service unit. Large green waste must be generated by and at the service unit where the large green waste is collected.

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. For purposes of this chapter and the WMA ORRO 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 the WMA ORRO 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 Ordinance.

Large Volume Transfer/Processing Facility means a facility that receives 100 tons or more of solid waste per operating day for the purpose of storing, handling or processing the waste prior to transferring the waste to another solid waste operation or facility.

(A) In determining the tonnage of solid waste received by the facility, the following materials shall not be included: materials received by a recycling center located within the facility, and by beverage container recycling programs in accordance with Public Resources Code sections

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14511.7, 14518, or 14520, if the recycling activities are separated from the solid waste handling activities by a defined physical barrier or where the activities are otherwise separated in a manner approved by the EA.
(B) If the facility does not weigh the solid waste received, then the tonnage shall be determined by using a volumetric conversion factor where one cubic yard is equal to 500 pounds. The EA shall approve an alternate conversion factor if the operator demonstrates that it is more accurate than the required conversion factor.

Lifecycle greenhouse gas emissions or Lifecycle GHG emissions means the aggregate quantity of greenhouse gas emissions (including direct and indirect emissions), related to the full lifecycle of the technology or process that an applicant wishes to have assessed as a possible means to reduce landfill disposal of organic waste. The lifecycle analysis of emissions includes all stages of organic waste processing and distribution, including collection from a recovery location, waste processing, delivery, use of any finished material by the ultimate consumer, ultimate use of any processing materials. The mass values for all greenhouse gases shall be adjusted to account for their relative global warming potential.

Limited Volume Transfer Operation means an operation that receives less than 60 cubic yards, or 15 tons of solid waste per operating day for the purpose of storing the waste prior to transferring the waste to another solid waste operation or facility and which does not conduct processing activities, but may conduct limited salvaging activities and volume reduction by the operator.
(A) In determining the tonnage of solid waste received by the operation, the following materials shall not be included: materials received by a recycling center located within the operation, and by beverage container recycling programs in accordance with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling activities are separated from the solid waste handling activities by a defined physical barrier or where the activities are otherwise separated in a manner approved by the EA. (B) If the operation does not weigh the solid waste received, then the tonnage shall be determined by using a volumetric conversion factor where one cubic yard is equal to 500 pounds. The EA shall approve an alternate conversion factor if the operator demonstrates that it is more accurate than the required conversion factor.

Litter means all solid waste which has been improperly discarded or which has migrated by wind or equipment away from the operations area. Litter includes, but is not limited to, convenience food, beverage, and other product packages or containers constructed of steel, aluminum, glass, paper, plastic, and other natural and synthetic materials, thrown or deposited on the lands and waters of the state.

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.

Medium Volume Transfer/Processing Facility means a facility that receives equal to or more than 60 cubic yards or 15 tons (whichever is greater) of solid waste per operating day but less than 100 tons of solid waste, for the purpose of storing or handling the waste prior to transferring the waste to another solid waste operation or facility; or a facility that receives any amount of

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solid waste, up to 100 tons per operating day, for the purpose of processing solid waste prior to transferring the waste to another solid waste operation or facility. (A) In determining the tonnage of solid waste received by the facility, the following materials shall not be included: materials received by a recycling center located within the facility, and by beverage container recycling programs in accordance with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling activities are separated from the solid waste handling activities by a defined physical barrier or where the activities are otherwise separated in a manner approved by the EA.
(B) If the facility does not weigh the solid waste received, then the tonnage shall be determined by using a volumetric conversion factor where one cubic yard is equal to 500 pounds. The EA shall approve an alternate conversion factor if the operator demonstrates that it is more accurate than the required conversion factor.

Member Agency means a party to the JPA. Current member agencies are the County of Alameda; the Cities of Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, and Union City; and the Castro Valley and Oro Loma Sanitary Districts. A reference to an “applicable Member Agency” means the Member Agency within whose boundaries the regulated Organic Waste Generator, Self-Hauler, Regulated Hauler, Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity resides or operates. The Member Agency boundaries for the purpose of this Chapter and the WMA ORRO are:

(1) The legal boundaries of each of the 14 incorporated municipalities within Alameda County, except those portions of the Cities of Hayward and San Leandro that are within the boundaries of the Oro Loma Sanitary District.

(2)
The legal boundaries of each of the Castro Valley and Oro Loma Sanitary Districts.

(3)
The unincorporated sections of the County not included within the above.

(4) The legal boundaries for the City of Piedmont.

Mixed construction and demolition debris includes the waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures.

Mixed Waste Organic Collection Stream or Mixed Waste means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).
Multi-family dwelling collection service means collection of garbage, organic waste, large items, and recyclables materials from a multi-family dwelling service unit.

Multi-family dwelling service unit means any combination of dwelling units in the service area using a common bin for the accumulation and set-out of garbage.

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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 Commerical Business for the purposes of implementing this Ordinance. Residential premises that consist of fewer than five units are not “Multi-Family” and instead are “Single-Family” for the purposes of implementing this Ordinance. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, 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-local entity means an entity that is an organic waste generator but is not subject to the control of a jurisdiction’s regulations related to solid waste. These entities may include, but are not limited to, special districts, federal facilities, prisons, facilities operated by the state parks system, public universities, including community colleges, county fairgrounds, and state agencies.

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.

On-site means located within the boundary of the operation or facility.

Open burning means the combustion of solid waste without:

(A) control of combustion air to maintain adequate temperature for efficient combustion,
(B) containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and (C) control of the emission of the combustion products

Operating day means the hours of operation as set forth in the application, Enforcement Agency Notification and/or permit not exceeding 24 hours.

Operating Record means an easily accessible collection of records of an operation's or facility's activities and compliance with required state minimum standards under Title 14. The Record may include the Facility Plan or Transfer/Processing Report for facilities, and shall contain but is not limited to containing: agency approvals, tonnage and loadchecking records, facility contacts and training history. The record may be reviewed by state and local authorities and shall be available during normal business hours. If records are too voluminous to place in the main operating record or if the integrity of the records could be compromised by on-site storage, such

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as exposure to weather, they may be maintained at an alternative site, as long as that site is easily accessible to the EA.

Operations Area means:
(A) the following areas within the boundary of an operation or facility as described 15 in the permit application or Enforcement Agency Notification:
(i) equipment management area, including cleaning, maintenance, and storage areas; and (ii) material and/or solid waste management area, including unloading, 19 handling, transfer, processing, and storage areas.
(B) the boundary of the operations area is the same as the permitted boundary but may or may not be the same as the property boundary.

Operator means the owner, or other person who through a lease, franchise agreement or other arrangement with the owner, that is listed in the permit application or Enforcement Agency Notification, is legally responsible for all of the following:
(A) complying with regulatory requirements set forth in these Articles; (B) complying with all applicable federal, state and local requirements; (C) the design, construction, and physical operation of the operations area; (D) controlling the activities at an operation or facility as listed on the permit 30 application or Enforcement Agency Notification.

Organic waste means Solid Waste 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 disposal reduction target is the statewide target to reduce the disposal of organic waste by 50 percent by 2020 and 75 percent by 2025, based on the 2014 organic waste disposal baseline, set forth in Section 39730.6 of the Health and Safety Code.

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

Overage bag means a biodegradable bag provided by the contractor to single-family dwelling and multi-family dwelling service units for the periodic collection of green waste. Overage bags will have a capacity ranging from 20 to 45 gallons and a load capacity of up to 50 pounds.

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).

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.

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Printing and Writing Paper 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 writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

Processing means the controlled separation, recovery, volume reduction, conversion, or recycling of solid waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines or volume reduction equipment.

Prohibited Container Contaminants includes all of the following: (i) discarded materials placed in the Recycling Container that are not identified as acceptable Source Separated Recyclable Materials for the Member Agency’s Recycling Container; (ii) discarded materials placed in the Compost Container that are not identified as acceptable Source Separated Compost Container Organic Waste for the Member Agency’s Compost Container; (iii) discarded materials placed in the Landfill Container that are acceptable Source Separated Recyclable Materials and/or acceptable Source Separated Compost Container Organic Waste to be placed in the Member Agency’s Compost Container and/or Recycling Container; and, (iv) Excluded Waste placed in any container.

Project means an activity involving construction, demolition, or renovation, and which requires issuance of a city building permit. For the purpose of section 9.04.010, project also includes any city construction, demolition, or renovation over $25,000.

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).

Recovered organic waste product procurement target means the amount of organic waste in the form of a recovered organic waste product which a jurisdiction is required to procure annually.

Recovered organic waste products means products made from California, landfill-diverted recovered organic waste processed at a permitted or otherwise authorized operation or facility.

Recovery location includes the closest aggregating hub used to recover the organic waste after collection. This could include but is not limited to a transfer facility, recycling facility, or recovery facility.

Recycled content paper means paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber.

Recycling Container has the same meaning as “Blue Container” in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials and Source Separated Recycling Container Organic Waste.

Recyclable material means those materials designated by the city which are capable of being

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recycled and which would otherwise be processed or disposed of as garbage. Recyclable materials includes: newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers; aluminum beverage containers; small scrap and cast aluminum (not exceeding 40 pounds in weight nor two feet in any dimension for any single item); steel including “tin” cans, aerosol cans (empty, non-toxic products) and small scrap (not exceeding 40 pounds in weight nor two feet in any dimension for a single item); bimetal containers; #1-7 plastics regardless of form or mold (including plastic containers, bottles, wide mouth tubs, plastic bags, film plastic, and polystyrene), aseptic containers, aluminum foil and pans; dry cell household batteries and cell phones when contained in a sealed plastic bag; and other materials added by the city or the contractor from time to time.

Recycling means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, 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.

Regulated Hauler means a Person that collects Solid Waste (other than Solid Waste generated by a permitted building project) originating in Alameda County from Compost Containers, Recycling Containers, and/or Landfill Containers, and does so under a contract, franchise agreement, or permit with the WMA or a Member Agency. A Member Agency that collects Solid Waste within its boundaries is not a Regulated Hauler with respect to that collection. Remnant Organic Material means the organic waste that is collected in a gray container that is part of the gray container collection stream. Remote Monitoring means the use of mechanical or electronic devices to identify the types of materials in Recycling Containers, Compost Containers, and/or Landfill 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 landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by Title 14 to recover organic waste. Renovation means a change, addition, or modification in an existing structure.

Residual means the solid waste destined for disposal, further transfer/processing as defined in section 17402(a)(30) or (31), or transformation which remains after processing has taken place and is calculated in percent as the weight of residual divided by the total incoming weight of materials.

Residual organic waste means waste that remains after organic waste has been processed which is then sent to landfill disposal.

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).

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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.

Route Review means a visual Inspection of containers along a 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).

Salvaging means the controlled separation of solid waste material which do not require further processing, for reuse or recycling prior to transfer activities.

Scavenging means the uncontrolled and/or unauthorized removal of solid waste materials.

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 this Ordinance, 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.

Secondary Material Processing Facility or Operation means an activity whose primary purpose is to receive and process source separated, or separated for reuse, materials from a permitted transfer/processing facility or a transfer/processing operation governed by an enforcement agency notification, and that does not meet the residual percentage or putrescible waste percentage as set forth in section 17402.5(d). Materials include, but are not limited to, glass, plastics, paper, and cardboard. (A) Secondary Material Processing Operations are those activities that:

1. Are governed by the Enforcement Agency Notification tier requirements as 33 specified in section 17403.3.2; and,
2. Receive an amount of residual material that is less than 40% by weight as calculated on a monthly basis. Operations that do not meet this residual requirement shall comply with the Registration Permit tier requirements specified in 17403.3.3. 38
   (B) Secondary Material Processing Facilities are those activities that:
3. Are governed by the Registration Permit tier requirements as specified in section 17403.3.3; and,
4. Do not meet the 40% residual material requirement as specified in subdivision 42 (A).

Self-haul means a Person, who hauls Solid Waste, Organic Waste or recyclable material they have generated to another Person for ultimate disposition as permitted by the applicable Member Agency 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).

Self-hauling Permit means a permit required to be obtained from the City of Piedmont pursuant to section 9.03.060 of this chapter.

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Separated for Reuse means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream 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, and includes materials that have been "source separated".

Service recipient means a single-family dwelling service unit, multi-family dwelling service unit, city service unit, or commercial service unit receiving collection service.

Service unit means single-family dwelling service units, multi-family dwelling service units, City service units, and commercial service units.

Single-Family means of, from, or pertaining to any residential premises with fewer than five units.

Single-family dwelling collection service means collection of garbage, organic waste, large items, and recyclables materials from a single-family dwelling service unit.

Single-family dwelling service unit means a dwelling unit in the service area using a garbage cart, or any combination of dwelling units sharing garbage carts, for the accumulation and set out of garbage.

Solid waste means all putrescible and nonputrescible 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.

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

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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 Ordinance, Source Separated shall include separation of materials by the generator into different containers for the purpose of collection such that Source Separated materials are separated from 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 and Source Separated Recycling Container Organic Waste.

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 Sections 18982(a)(43) and 18982(a)(46). Source Separated Recycling Container Organic Waste shall include materials as determined by the applicable Member Agency and includes unsoiled Paper Products and Printing and Writing Paper.

Special event means an occasional or recurring event scheduled to occur on public property, whether publicly or privately organized or sponsored. Special events include, but are not limited to: fairs, festivals, parades, sporting events, concerts, outdoor movies and catered events.

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).

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 Ordinance.

Tier Two Commercial Edible Food Generator means a Commercial Edible Food Generator that is one of the following:

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(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.

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 an applicable Member Agency, the definition in 14 CCR Section 18982(a)(74) shall apply to this Ordinance.

Uncontainerized green waste and yard waste collection service or uncontainerized service means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers source separated organic waste.

Universal waste or U-waste means fluorescent lamps, cathode ray tubes, non-empty aerosol cans, instruments and switches that contain mercury, and dry cell batteries containing cadmium copper, or mercury.

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).

WMA means the Alameda County Waste Management Authority.

WMA ORRO means the Alameda County Waste Management Authority Organics Reduction and Recycling Ordinance “ORRO” (2021-02), its implementation and any future amendments or modifications thereto.

(Ord. 763 N.S. 01/2022)

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