Rancho Palos Verdes Municipal Code Art. I Definitions and General Provisions

A. The city council finds that the storage, accumulation, collection, and disposal of solid waste is a matter of great public concern, in that improper control of such matters may create a public nuisance, or lead to air pollution, fire hazards, insect breeding, rat infestation, and other problems affecting the health, welfare, and safety of the residents of this and surrounding cities. The periodic collection of solid waste from all residential and commercial premises within the city and the letting of one or more exclusive or nonexclusive contracts or franchises by the city for such collection will provide the most orderly and efficient solution to such problems and promote the public health, safety, and welfare.

B. The purpose of this chapter is to:

1. Establish requirements for the collection and recycling of recyclable materials and collection, and processing of organic materials generated from commercial facilities and multifamily dwellings.

2. Assist the city in complying with the Act and SB 1383 (defined below), which provide for mandatory commercial and organics recycling.

3. Augment voluntary recycling efforts to further the city's recycling and diversion goals.

4. Reduce greenhouse gas emissions associated with the mining and manufacturing of goods from virgin materials and associated with the disposal of solid waste in landfills.

5. Further protect the natural environment and human health as well as enhance the economy through increased recycling and organics processing activities.

(Ord. No. 658, § 4(8.20.110), 3-15-2022)

A. The words and phrases used in this chapter shall have the following meanings, unless it is apparent from the context that a different meaning is intended:

AB 341 means the Assembly Bill approved by the governor of the state on October 5, 2011, which amended Public Resources Code §§ 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Public Resources Code §§ 40004, 41734.5, and 41780.01 and Public Resources Code div. 30, pt. 3, ch. 12.8 (Public Resources Code § 42649 et seq.) and added and repealed Public Resources Code § 41780.02, relating to solid waste, as amended, supplemented, superseded and replaced from time to time and which places requirements on commercial businesses and multifamily property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires cities to implement a mandatory commercial and multifamily recycling program.

AB 939 means the California Integrated Waste Management Act of 1989 (Public Resources Code § 40000 et seq.) and is used interchangeably with Act.

AB 1826 means the Assembly Bill approved by the governor of the state on September 28, 2014, which added Public Resources Code div. 30, pt. 3, ch. 12.9 (Public Resources Code § 42649.8 et seq.), relating to solid waste, as amended, supplemented, superseded, and replaced from time to time and requires commercial businesses and multifamily property owners that generate a specified threshold amount of solid waste, recyclable materials, and organic materials per week to arrange for recycling services for that waste, requires cities to implement a recycling program to divert organic waste from commercial businesses subject to the law, and requires cities to implement a mandatory commercial and multifamily organic waste recycling program.

Act means the California Integrated Waste Management Act of 1989, codified as Public Resources Code § 40000 et seq., and as may be amended, including, but not limited to, Assembly Bill 341 and Assembly Bill 1826, and CalRecycle's implementing regulations.

Administrator means the city manager or their designee.

Anaerobic digestion means in-vessel controlled system of digestion, such as, but not limited to, a treatment facility for the digestion of organics to produce methane and reduce the volume of organics sent to landfills.

Back-haul means transporting recyclable materials or organic waste to a destination owned and operated by the waste generator using a vehicle or trailer that was originally used to deliver products or finished goods to the waste generator's location.

Bin means a container with hinged lids and wheels and a capacity from two to six cubic yards.

Blue container means a container with a blue lid and/or body used to store and collect source separated recyclable materials or source separated blue container organic waste.

CalRecycle means the state department of resources recycling and recovery.

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

Cart means a plastic container with a hinged lid and wheels serviced by an automated or semi-automated truck with a capacity of no less than 32 gallons and no greater than 101 gallons.

Chapter means this chapter 8.20.

City manager means the city's manager or their designees who is partially or wholly responsible for enforcing this chapter.

Collect or collection means the operation of gathering together within the city, and transporting by means of a motor vehicle to the point of disposal or processing, of any solid waste.

Collection agreement means an agreement to collect, transport or dispose of solid waste, recyclable materials or organic materials in the city entered into pursuant to the terms of an exclusive or non-exclusive franchise.

Commercial business or commercial means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily generator premises with five or more dwelling units. A multifamily generator premises that consists of fewer than five units is not a commercial business for purposes of this chapter.

Commercial edible food generator means a commercial premises that generates recoverable edible food including a Tier One or a Tier Two commercial edible food generator as defined in this chapter. For the purposes of this definition, food recovery organizations, and food recovery services are not commercial edible food generators.

Commercial generator means any legal entity that generates solid waste at a commercial facility, which may include businesses; charitable or nonprofit organizations, including hospitals, educational institutions, and civic or religious organizations; governmental organizations, agencies, or entities; and nonresidential tenants or entities that lease or occupy space. The term "commercial generator" also includes the city and its facilities and nonresidential properties.

Commercial premises means all occupied real property in the city, except property occupied by federal, state or local governmental agencies which do not consent to their inclusion, and excepting single-family residential premises, and shall include, without limitation, wholesale and retail establishments, restaurants and other food service establishments, bars, stores, shops, offices, service stations, repair, research and development establishments, professional services, sports or recreational facilities, construction and demolition sites, multifamily dwellings, a multiple dwelling that is not a residential premises (e.g., retirement homes, convalescent and rehab facilities), institutional premises (e.g., libraries, churches, schools, and colleges), nonprofits, and any other nonresidential and business facilities, structures, sites, or establishments in the city.

Commercial solid or semi-solid waste includes all types of solid waste generated by a store, office, or other commercial or public entity source, including a business or a multifamily dwelling of five or more units.

Community composting means any activity that composts green waste, 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.

Compliance review means a review of records of a commercial business by the city or its designee to determine compliance with this chapter and/or state law.

Compost means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

Compostable plastic means plastic material that meets the American Society for Testing and Materials (ASTM) D6400 standard for compostability (sections 5.1 through 6.4.2, published May 2019) and as those standards may be modified.

Composting means the biological decomposition of organic materials such as leaves, grass clippings, brush, and food waste into a soil amendment. Composting is a form of recycling.

Construction site or demolition site means any real property in the city in, on or from which a building or structure is being fabricated, assembled, erected or demolished, and which produces construction or demolition solid waste which must be removed from the property, and requires the use of commercial refuse containers.

Construction and demolition debris or C&D debris means any solid waste generated at a premises that is directly related to construction or demolition activities. These activities include, but are not limited to, construction, demolition, remodeling, grading, land clearing, or renovation on any residential, commercial, institutional or industrial building, road, driveway, walkway or other structure. The term "C&D debris" includes, but is not limited to, concrete, asphalt paving, asphalt roofing, lumber, gypsum board, rock, soil and metal.

Container means any and all types of solid waste receptacles, including carts, bins, and roll-off boxes.

Contamination or contaminated container means a container, regardless of color, that contains prohibited container contaminants.

Discarded materials means solid waste debris discarded by the waste generator or customer.

Disposal means the complete operation of treating and disposing of solid waste after the collection thereof.

Diversion means any combination of waste prevention (source reduction), recycling, reuse and composting activities that reduces waste disposed at landfills, provided such activities are recognized by CalRecycle as diversion in its determination of the city's diversion targets and compliance with AB 939.

Edible food means food intended for human consumption. For the purposes of this chapter, edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code (Health and Safety Code § 113700 et seq.).

Electronic waste means mobile phones, computers, monitors, copiers, fax machines, printers, televisions, and other electronic items.

Enforcement action means an action of the city to address noncompliance with this chapter, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

Excluded waste means hazardous substances, hazardous waste, infectious waste (as defined in 14 CCR 17225.36), designated waste, volatile, corrosive, medical waste, regulated radioactive waste, and toxic substances or material that facility operators which receive materials from the city and its waste generators reasonably believe would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the city's opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint.

Food distributor means a company that distributes food to commercial edible food generators.

Food facility means a permanent or temporary operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. The term "food facility" has the same meaning as in Health and Safety Code § 113789. The term "food facility" includes an operation where food is consumed on or off the premises, regardless of whether there is a charge for the food. The term "food facility" includes a place used in conjunction with the operations described in this section, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. The term "food facility" includes, but is not limited to, school cafeterias, licensed health care facilities, commissaries, mobile food facilities, vending machines, farmers' markets, farm stands, microenterprise home kitchen operations, and catering operations. The term "food facility" does not include any of the following:

(1) A cooperative arrangement wherein no permanent facilities are used for storing or handling food.

(2) A private home when used for private, noncommercial purposes or when used as a cottage food operation.

(3) A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.

(4) A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.

(5) A premises set aside for wine tasting, or beer manufacturing, regardless of whether there is a charge for the wine or beer tasting.

(6) An outlet or location, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted at an outlet or location controlled by the producer.

(7) A commercial food processing establishment.

(8) A child day care facility.

(9) A community care facility.

(10) A residential care facility for the elderly.

(11) A residential care facility for the chronically ill.

(12) An intermediate care facility for the developmentally disabled.

(13) A community food producer.

(14) A limited-service charitable feeding operation.

Food recovery means actions to collect and distribute edible food for human consumption that otherwise would be disposed.

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, including, but not limited to:

(1) A food bank as defined in Health and Safety Code § 113783;

(2) A nonprofit charitable organization as defined in Health and Safety Code § 113841; or

(3) A nonprofit charitable temporary food facility as defined in Health and Safety Code § 113842.

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.

Food scraps means all discarded food, such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. The term "food scraps" excludes fats, oils, and grease when such materials are source separated from other food scraps.

Food service establishment means any and all restaurants, sales outlets, stores, shops, manufacturers, processors, vehicles or other places of business located or operating within the city that function primarily to sell, manufacture, process, or distribute foods or beverages to consumers or other businesses.

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.

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

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

Franchisee means the company that is awarded an exclusive or non-exclusive franchise or collection agreement by the city for the handling of solid waste, organic waste or recyclable materials.

Full-service restaurant means a food facility with the primary business purpose of serving food, where food may be consumed on the premises, and where all of the following actions are taken by an employee of the establishment:

(1) The consumer's food and beverage orders are taken after the consumer has been seated;

(2) The food and beverage orders are delivered directly to the consumer;

(3) Any requested items associated with the consumer's food or beverage order are brought to the consumer;

(4) The check or order for payment is delivered directly to the consumer at the assigned eating area; and

(5) The table-cleaning function is generally or routinely performed by an employee of the establishment, and not the consumer.

Garbage means any mixture of putrescible and non-putrescible solid and semi-solid wastes, including trash, residential refuse, commercial solid and semi-solid waste, or animal solid and semi-solid waste, and other solid and semi-solid waste destined for disposal sites. The term "garbage" does not include C&D debris, recyclable materials, or organic waste.

Gray container means a container with a gray or black lid and/or body used to store and collect gray container waste.

Gray container waste means refuse or mixed waste that is collected in a gray container that is part of collection service that prohibits the placement of green or blue container waste in the gray container.

Green container means a container with a green lid and/or body used for storage and collection of source separated green container waste.

Green container waste means green waste, organic waste, food scraps, food-soiled paper, and compostable plastics that is collected in a green container that is part of a service that prohibits the placement of refuse, mixed waste, and non-organic recyclables in the green container.

Green waste or yard waste means leaves, grass clippings, brush, branches, mulch, and other forms of organic materials generated from landscapes or gardens, separated from other solid waste.

Grocery store means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.

Hazardous substance means any of the following:

(a) Any substances defined, regulated or listed (directly or by reference) as hazardous substances, hazardous materials, hazardous wastes, toxic waste, pollutant, or toxic substances, or similarly identified as hazardous to human health or the environment, in or pursuant to:

(i) The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC 9601 et seq. (CERCLA);

(ii) The Hazardous Materials Transportation Act, 49 USC 1802 et seq.;

(iii) The Resource Conservation and Recovery Act, 42 USC 6901 et seq.;

(iv) The Clean Water Act, 33 USC 1251 et seq.;

(v) Health and Safety Code §§ 25115—25117, 25249.8, 25281, and 25316;

(vi) The Clean Air Act, 42 USC 7901 et seq.; and

(vii) Water Code § 13050;

(b) Any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and

(c) Any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyls (PCBs), petroleum, natural gas, and synthetic fuel products, and byproducts.

Hazardous waste means and includes waste defined as hazardous by Public Resources Code § 40141 as it now exists or may subsequently be amended, namely, a waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics, may do either of the following:

(i) Cause or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness;

(ii) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

The term "hazardous waste" includes extremely hazardous waste and acutely hazardous waste, and any other waste as may hereafter from time to time be designated as hazardous by the Environmental Protection Agency (EPA) or other agency of the United States government, or by the state legislature or any agency of the state empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous.

High diversion organic waste processing facility means a facility that is in compliance with the reporting requirements of 14 CCR 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 18815.5(e) for organic waste received from the mixed waste organic collection stream as defined in 14 CCR 17402(a)(11.5), or as defined in 14 CCR 18982(a)(33).

Household hazardous waste means hazardous waste generated at residential premises.

Inspection means a site visit where the city reviews records, containers, and a person's collection, handling, recycling, or landfill disposal of organic waste or the handling of edible food to determine compliance with the requirements set forth in this chapter.

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.

Large venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. A large 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. 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.

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.

Manure means animal excrement especially that of livestock and domestic farm animals, and secondary materials used for bedding or sanitary purposes.

Materials recovery facility means a permitted solid waste facility where solid wastes or recyclable or organic materials are sorted or separated for the purposes of recycling, processing or composting.

Medical waste means any discarded material that is generated or has been used in the diagnosis, treatment, or immunization of human beings or animals, or research pertaining thereto, and shall include, but not be limited to, biomedical, biohazardous and medical waste, or other solid waste resulting from medical activities or services any state or federal law or regulation, all as currently enacted or subsequently amended.

Multifamily or multifamily dwelling means a residential structure with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

Multifamily generator means tenants, residents, other occupants, and custodians or janitors of multifamily dwellings.

Non-compostable paper includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process.

Non-organic recyclables means non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass.

Notice of violation (NOV) means a notice that a violation of this chapter has occurred that includes a compliance date to avoid the imposition of penalties.

Organic materials means source separated organic waste that can be placed in a green container specifically intended for the separate collection of organic waste by the generator, excluding non-compostable paper; paper products; printing and writing paper; and any other organic waste that an organic waste facility may reject to maintain any organics-related composting certifications, including, but not limited to, organic carpets and textiles, contaminated wood or lumber, manure, digestate, biosolids, and sludges.

Organic waste means solid waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, non-edible food, nonhazardous wood waste, food-soiled paper, food scraps, landscape and pruning waste, green waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges.

Organic waste generator means a person or entity that is responsible for the initial creation of organic waste.

Paper products includes, but is 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 18982(a)(51).

Person means any individual, legal entity, association, firm, partnership, corporation, or any other group or combination thereof acting as a unit.

Premises means any land, or building in the city where solid waste, recyclable material or organic waste is generated or accumulated.

Printing and writing papers includes, but is not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications.

Processing means the reduction, separation, recovery, and conversion of solid waste.

Prohibited container contaminants means the following:

(i) Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container;

(ii) Discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container;

(iii) Discarded materials placed in the gray container that would otherwise be acceptable source separated recyclable materials;

(iv) Excluded waste placed in any container.

Property owner means the owner of real property.

Public agency means any governmental agency or department thereof, whether federal, state, or local.

Putrescible waste means waste that is capable of being decomposed by microorganisms with sufficient speed as to cause a nuisance because of odor, gases, or other offensive conditions, and including materials, such as, but not limited to, food waste and dead animals.

Recovered organic waste products means products made from state landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility.

Recovery or recovered means any activity or process that prevents recyclable materials or organic waste from being placed in a landfill, including, but not limited to, recycling, composting, anaerobic digestion, biomass conversion, soil amendment, land application, and lawful use as animal feed.

Recyclable means a material that can be processed into a form suitable for reuse through reprocessing or remanufactured consistent with the requirements of AB 939.

Recyclable materials means residential or commercial source separated byproducts of some potential economic value, set aside, handled, packaged, or offered for collection in any manner different from refuse.

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

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. The term "recycling" does not include transformation as defined in Public Resources Code § 40201.

Refuse means putrescible and non-putrescible waste, including garbage, trash, rubbish, and mixed waste.

Regulated entity means waste generators, commercial edible food generators, food recovery services, food recovery organizations, and facility operators.

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

Rendering means a process that converts waste animal tissue into stable, usable materials. The term "rendering" can refer to any processing of animal products into more useful materials, or, more narrowly, to the rendering of whole animal fatty tissue into purified fats like lard or tallow.

Renewable natural gas means gas derived from organic waste that has been diverted from a state landfill and processed at an anerobic ingestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste.

Residential householder means any person or persons holding or occupying residential premises in the city, whether or not the owner of the residential premises.

Residential premises means any dwelling unit within the city, including, without limitation, multiple-unit residential complexes, such as rental housing projects, condominiums, apartment houses, mixed condominiums and rental housing, and mobilehome parks, excepting any multifamily or other multiple-unit dwelling which, with the prior written approval of the city manager or designee, receives commercial bin service.

Residential unit means a building or portion of a building used for dwelling purposes by an individual, a family or group of persons.

Resource recovery means any use of solid waste collected pursuant to this chapter, except for landfill disposal or transfer for landfill disposal. The term "resource recovery" shall include, but is not limited to, transformation, composting, and multi-material recycling.

Restaurant means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption.

Roll-off box means a solid waste collection container of ten yards to 40 yards capable of being loaded via winch onto a roll-off vehicle equipped with rails.

Route review means a visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras.

Rubbish means, without limitation, waste and refuse capable of burning, including straw, packing materials, leather, rubber, clothing, bedding, books, rags, and all similar articles which will burn by contact with flames or ordinary temperatures.

SB 1383 means Senate Bill 1383 of 2016, which added Health and Safety Code §§ 39730.5, 39730.6, 39730.7, and 39730.8 and added Public Resources Code div. 30, pt. 3, ch. 13.1 (Public Resources Code § 42652 et seq.), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as it is amended, supplemented, superseded, and replaced from time to time.

SB 1383 regulations or SB 1383 regulatory means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, div. 7, ch. 12 and amended portions of regulations of 14 CCR and 27 CCR.

Self-hauler or self-haul means a person who hauls solid waste, organic waste, or recovered materials they have generated to another person, or as otherwise defined in 14 CCR 18982(a)(66). The term "self-hauler" also includes a person who back-hauls waste.

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

Solid waste has the same meaning as defined in Public Resources Code § 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 that is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes permitted to be disposed of at a Class III landfill and which are included within the definition of nonhazardous solid waste set forth in 27 CCR 20220(a). The term "solid waste" does not include any of the following wastes:

a) Hazardous waste.

b) Radioactive waste regulated pursuant to the State Radiation Control Law (Health and Safety Code § 114960 et seq.).

c) Medical waste regulated pursuant to the State Medical Waste Management Act (Health and Safety Code § 117600 et seq.). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Public Resources Code § 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Public Resources Code div. 30 (Public Resources Code § 40000 et seq.).

f) Recyclable materials, C&D debris, organic waste, or other salvageable materials only when such materials are source separated at the site of generation.

Solid waste customer means the person responsible for managing solid waste, recyclable materials or organic waste at commercial or residential premises, including subscribing to solid waste collection services with a franchisee or self-hauling solid waste, or the person to whom the franchisee submits billing invoices for collection from a commercial generator or multifamily generator. Solid waste customers shall include organizers and/or hosts of special events.

Solid waste enterprise means any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste handling services.

Solid waste handling services means the collection, transportation, storage, transfer, or processing of solid waste, recyclable materials and/or organic waste for residential or commercial users or customers.

Source separated means materials, including commingled recyclable materials and/or organic waste, 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 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products.

Source separated blue container organic waste means source separated non-putrescible organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables.

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

Source separated recyclable materials means recyclable materials separated on commercial premises from solid waste for the purpose of sale, not mixed with or containing more than incidental or minimal solid waste and having a market value.

Special event shall have the same meaning as provided in section 12.20.030 (Definitions).

State means the State of California.

Supermarket means a full-line, self-service retail store with gross annual sales of $2,000,000.00, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.

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.

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

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

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

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

4. Large venue.

5. Large event.

6. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

7. A local education agency facility with an on-site food facility.

Waste generator means any person whose act or process produces solid waste or whose act first causes solid waste to become subject to regulation.

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.

Nothing contained in this section shall be deemed to preclude the city and any solid waste enterprise from incorporating into any franchise agreement definitions relating to their respective contractual rights and obligations which may differ from or augment those set forth herein.

(Ord. No. No. 658, § 4(8.20.120), 3-15-2022)

No person shall dump, place or bury in any public or private lot, alley, street, land or in any water or waterway within the city refuse, recyclable material, organic waste, green waste or any other solid waste. The dumping, placement or burial of any refuse, recyclable material, organic waste, green waste or any other solid waste shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(Ord. No. 658, § 4(8.20.130), 3-15-2022)

No person shall place or deposit in any container used for collection of solid waste, recyclable material or organic waste in the following: any waste classified as hazardous waste, universal, electronic, biohazardous, radioactive, any narcotics or controlled substances, hypodermic needles, poisons, liquid or dry caustics, acids, flammable or explosive materials, pesticides, or similar dangerous or other hazardous substances.

(Ord. No. 658, § 4(8.20.140), 3-15-2022)

No person shall transport or collect hazardous wastes/substances, radioactive wastes, or medical wastes without complying with all applicable laws or regulations. No person shall deposit, dump, spill, place, or otherwise allow to be disposed of, in or on a solid waste facility not designated as a hazardous waste or radioactive waste disposal facility, any waste classified as hazardous waste/substance or radioactive waste pursuant to state, federal or county law or regulation. No person shall deposit, dump, spill, place, or otherwise allow untreated medical waste to be disposed of in or on a solid waste facility.

(Ord. No. 658, § 4(8.20.150), 3-15-2022)

A. It shall be the responsibility of the owner, occupant or operator of any premises on which manure accumulates to store and dispose of manure such that runoff containing pollutants and leaching of nutrients into groundwater or surface waters is eliminated.

B. Manure shall be stored in containers which are approved by the city, or in a designated manure waste storage area. Manure storage whether in a cart, dumpster bin, roll-off box or designated storage area shall be stored at least 35 feet from the nearest neighboring dwelling unit. Approved containers are those supplied by the franchisee and include carts, two-yard bins, roll-off boxes, or containers otherwise approved by the city and compliant with the Act and SB 1383 to the extent applicable. All such containers shall be equipped with working lids to minimize water accumulating within the container.

C. Manure storage areas shall be constructed in such a manner as to minimize potential runoff. No manure storage structure or container shall be placed within 20 feet of a flood control channel or open storm drain. Storage areas shall be constructed with a three-walled, fire-proof structure on a concrete base with a roof or tarp.

D. Manure shall be removed from stalls, paddocks, arenas, corrals and other livestock keeping areas at least once per week.

E. Manure spreading over arenas, pastures, corrals or other livestock areas as an alternative means of disposal is prohibited and shall be in violation of this chapter. Manure composting is prohibited without the written approval of the administrator.

F. Manure runoff that discharges onto adjacent property, onto city streets or right of way, horse trails, or into flood control channels is prohibited. Owners, occupants, or operators that allow such to occur, intentionally or negligently, shall be in violation of this chapter.

(Ord. No. 658, § 4(8.20.160), 3-15-2022)

No person shall burn within the city any refuse, recyclable material, organic waste, green waste or any other solid waste, except as expressly permitted in chapter 8.08 of this Code and the state fire code. It shall be a violation of this chapter to ignite or otherwise cause, or assist, counsel, procure or maintain any burning in violation of this section.

(Ord. No. 658, § 4(8.20.170), 3-15-2022)