San Jose Municipal Code Part 2 Definitions

The definitions set forth in this Part 2 shall govern the meaning and interpretation of this Chapter 9.10.

(Ord. 24315.)

"AB 341" means Assembly Bill 341 of 2011 approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time.

(Ord. 30684.)

"AB 1826" means Assembly Bill 1826 of 2014 approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time.

(Ord. 30684.)

A. "Authorized Residential Organic Material Collector" means a person authorized under and by virtue of a contract with the City to provide Organic Material services to Residential Premises in the City.

B. "Authorized Commercial Organic Material Collector" means a person authorized under and by virtue of a franchise granted pursuant to Part 11 of this Chapter or a permit issued pursuant to Part 13 of this Chapter to provide Organic Material collection services at Commercial Premises.

C. "Authorized Organic Material Collector" means either an Authorized Residential Organic Material Collector or an Authorized Commercial Organic Material Collector.

(Ord. 30684.)

A. "Authorized residential recycling collector" means a person authorized under and by virtue of a contract with the city to provide recycling services to residential premises in the city.

B. "Authorized commercial recycling collector" means a person authorized under and by virtue of a franchise granted pursuant to Part 11 of this chapter or a permit issued pursuant to Part 13 of this chapter to provide recycling services at commercial premises.

C. "Authorized recycling collector" means either an authorized residential recycling collector or an authorized commercial recycling collector.

(Ords. 24315, 25401, 25835.)

"Bulky goods" means discarded: furniture; carpets; mattresses; household appliances including refrigerators, ranges, washers, dryers, water heaters, and dishwashers and other similar items (commonly known as "white goods"); electronic equipment such as stereos, televisions, computers, and VCRs and other similar items (commonly known as "brown goods"); clothing; tires; and oversized yard wastes such as tree trunks and branches not exceeding two feet in diameter and four feet in length. Bulky goods does not include any motor vehicle or any subassembly, component or part thereof (except tires).

(Ord. 24315.)

"CalRecycle" means California's Department of Resources Recycling and Recovery.

(Ord. 30684.)

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

(Ord. 30684.)

"Cannery waste" means semiliquid slurry wastes and vegetable wastes which are generated by bulk food processors such as, but not limited to, canneries and frozen food processors and which:

A. Are suitable for land spreading as a disposal method; and

B. Are segregated from other waste materials and kept and accumulated in separate containers by the generator thereof for the purpose of having it disposed of by land spreading; and

C. Are actually and lawfully disposed of by land spreading.

(Ord. 24315.)

"Commercial premises" means all premises except residential premises.

(Ord. 24315.)

"Commercial solid waste" means solid waste generated at commercial premises.

(Ord. 24315.)

"Commercial solid waste container" means any container used for the storage of commercial solid waste.

(Ord. 24718.)

"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 one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

(Ord. 30684.)

"Composting" or "Compost" means any process in which waste organic matter decomposes in a controlled environment and the product derived from such process.

(Ords. 24315, 30684)

"Construction and Demolition Debris" means:

A. Recyclable and non-recyclable waste building materials, packaging, and rubble resulting solely from construction, remodeling, repair and demolition operations on any house, residential property, commercial building, pavement or other structure for which the City requires a building or demolition permit issued under Chapter 24.02 of San José Municipal Code or from a non-permitted municipal project and pursuant to a temporary service agreement of no longer than (1) year; or

B. Rock, concrete, asphalt and dirt.

Construction and Demolition Debris may include materials that have been Source Separated.

(Ords. 29070, 30684.)

A. "Construction and Demolition Debris Collector" means any person who engages in the business of collecting, transporting and/or disposing of either of the following:

1. Construction and Demolition Debris.

2. Residential clean-out material resulting from the cleaning out of Residential Premises and collected in roll-off or front-load containers rented for a period of one (1) week or less.

B. "Construction and Demolition Debris Collector" includes persons who engage in the activities described in subsection A. incidentally to the business of demolition, construction or remodeling.

(Ords. 24315, 29070, 30684.)

"Designated Collection Location" means:

A. Any container designated by posted signs, marked or labeled as a container for a specified material type.

B. Any place where an authorized collector has contracted to collect Solid Waste or material segregated from other waste material, including the curbside of a Residential Premises or the service alley of a Commercial Premises.

C. Any place designated in a contract between the City and an authorized collector from which the authorized collector has contracted to collect uncontainerized material.

(Ords. 24315, 30684.)

"Director" means the Director of Environmental Services or the Director's designee.

(Ords. 24315, 30684.)

A. "Garbage" means putrescible wastes including kitchen and table food wastes; animal or nonputrescible wastes that are mixed in the same container with or are contaminated by putrescible wastes; infectious wastes, such as used tissues and disposable diapers, which are normally produced at Residential Premises; small dead animals not exceeding ten (10) pounds in weight; and any putrefactive or easily decomposable waste material that is likely to attract flies, vermin, birds or rodents.

B. Garbage does not include materials that are separated and set aside for Recycling or Composting and does not include Hazardous Material.

C. The determination as to whether material is Garbage shall be made by the Director based on a consideration of the purposes of this Chapter.

(Ords. 24315, 30684.)

"Generator" means any person that generates Solid Waste, Organic Material, or Recyclable Material.

(Ords. 24315, 30684.)

"Handling," when used in connection with solid waste, means the keeping, storage, collection, transportation and processing of solid waste.

(Ord. 24315.)

A. "Hazardous material" means any material or combination of materials which, because of its quantity, concentration or physical, chemical or infectious characteristics, may either:

1. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

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

B. Hazardous material includes hazardous wastes as defined under California or United States law or any regulations promulgated pursuant to such law, as such law or regulations may from time to time be amended.

(Ord. 24315.)

"Illegal dumping" means the willful, intentional or negligent depositing, throwing, dropping, placing or dumping of solid waste or hazardous materials on public or private property that is not expressly designated for the purpose of disposal or dumping of solid or hazardous materials. "Illegal dumping" does not include littering, discarding or dropping small quantities of solid waste ordinarily carried on or about the person, or escaping from trash containers or garbage carts including but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers and magazines.

(Ord. 29645.)

"Large event" means the temporary or periodic use or occupancy of a public street, publicly owned site or facility, or public park within the city for a civic, commercial, recreational, or social event attended by an average of one thousand or more persons per day of operation of the event.

(Ord. 28543.)

"Large venue" means venue facilities such as, but not limited to, stadiums, museums, concert halls, and parks and attractions located within the city with an average attendance of more than two thousand persons per day of operation of the venue.

(Ord. 28543.)

"High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of fifty percent (50%) between January 1, 2022 and December 31, 2024, and seventy-five percent (75%) after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Material 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).

(Ord. 30684)

"Material service classification " means the material or class of materials (e.g., "rubbish only," "mixed recyclables," "glass only") allowed to be placed or stored in a particular commercial solid waste container or in a debris box used to store residential rubbish, as determined by the franchise granted to the collector of the materials and by the rules and regulations promulgated by the director.

(Ord. 24718.)

A. "Commingled recyclables" means source separated recyclables that are:

1. Commingled in a container in a combination specified in rules promulgated by the director; and

2. Segregated from other waste materials by the generator for the purpose of recycling.

B. Except for incidental residue as specified in rules promulgated by the director, "commingled recyclables" does not include materials which are separated for recycling but are disposed of by landfilling.

(Ords. 24315, 25835.)

"Medical Waste" means waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code).

(Ord. 30684.)

"Mixed used development" means any permanent premises used for both residential and commercial purposes where the residential units do not receive separate or individual solid waste collection service. "Mixed used development" does not include any portion of such premises that is used as a hotel, motel, guesthouse, residential care facility, extended care facility, sorority or fraternity house, school, dormitory, residential service facility, emergency residential shelter, hospital, convent or monastery.

(Ord. 26625.)

A. "Multi-Family Dwelling" means any permanent Premises of at least two (2) units used for residential purposes where the units do not receive separate or individual Solid Waste collection service. By way of illustration, Multi-Family Dwelling includes apartment buildings, attached Single-Family Dwellings such as townhouses and condominiums, and mobilehome parks, in which the units do not receive separate or individual Solid Waste collection service.

B. Multi-Family Dwelling does not include any Mixed Use Development, hotel, motel, guesthouse, Residential Care Facility serving seven or more persons, extended care facility, sorority or fraternity house, school, dormitory, residential service facility, emergency residential shelter, hospital, convent or monastery.

(Ords. 24315, 26625, 30684.)

"Organic Material" means materials originating 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).

(Ord. 30684.)

"Owner" means the person holding legal title to any real property located in the city.

(Ord. 24315.)

"Parcel" means a lot or unit of land which is separately assessed for property tax purposes by the Santa Clara County Tax Collector ("tax collector") or if not subject to assessment by the tax collector, a lot or unit of land which may be lawfully sold as a separate parcel in conformity with the provisions of Title 19 of this Code.

(Ord. 29562.)

"Premises" means any land, building and/or structure or portion thereof in the city.

(Ord. 24315.)

"Processing" means the reduction, separation, recovery, conversion, or recycling of Solid Waste, Recyclable Material, or Organic Material.

(Ord. 30684.)

"Prohibited Container Contaminants" means discarded materials placed in a container that are not identified as acceptable for the container type.

(Ord. 30684.)

"Recyclable material" means materials which are segregated from other waste material for the purpose of recycling and includes, but is not limited to, paper, glass, metals, wood, plastics, yard wastes, bulky goods and waste oil.

(Ord. 24315.)

"Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise be disposed of by landfilling or transformation, and returning such materials to the economic mainstream in the form of raw material for new, reused or reconstituted products.

(Ord. 24315.)

"Recycling center" means a facility or site which accepts segregated or commingled recyclable materials for the purpose of recycling and shall include a facility or site established pursuant to the California Beverage Container Recycling and Litter Reduction Act, California Public Resources Code, Section 14500 et seq. In order to be a recycling center, the facility or site must be in conformance with all applicable federal, state and local laws and regulations including without limitation the applicable provisions of the San José Zoning Code contained in the San José Municipal Code, Title 20, and be in conformance with all permits issued pursuant to said Title 20.

(Ords. 24315, 25835.)

"Residential Care Facility" is a facility licensed by the State of California where care, services or treatment is provided to persons living in a community residential setting.

(Ord. 30684.)

"Residential premises" means single-family dwellings and multifamily dwellings.

(Ord. 24315.)

"Residential solid waste" means solid waste generated at residential premises.

(Ord. 24315.)

"Rubbish" means all waste shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, earth, rock, used, demolished or discarded building materials, and other waste material not included in the definitions of "Garbage," "Stable Matter" or "Swill" set forth in this Part.

(Ords. 24315, 30684.)

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

(Ord. 30684.)

"Self-Hauler" means a person, who hauls Solid Waste, Organic Material or Recyclable Material he or she has generated to another person. Self-Hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66).

(Ord. 30684.)

A. "Source separated recyclables" means recyclable material that is segregated by the generator, for the purpose or recycling, into one of the following categories: paper, glass, metals, plastics, wood, beverage containers, soil, concrete, swill, cannery waste, and such other categories as may be designated in rules promulgated by the director.

B. Source separated recyclable does not include materials in any of the categories listed in subsection A. that are commingled in a container with any other materials, including materials in another listed category.

C. Except for incidental residue as specified in rules promulgated by the director, "source separated recyclables" does not include materials which are separated for recycling but are disposed of by landfilling.

(Ords. 24315, 25401, 25835.)

"Single-family dwelling" means permanent premises used for or designated as a single-family residential dwelling. Single-family dwelling includes each part of a (a) condominium project, (b) duplex, (c) triplex, (d) townhouse project, (e) mobilehome park, or (f) apartment building which has been approved by the director for separate or individual solid waste collection service.

(Ord. 24315.)

"Solid Waste," also referred to in this Chapter as "Mixed Waste," has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as 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 semi-solid wastes, with the exception that Solid Waste does not include any of the following wastes:

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

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

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

(Ords. 24315, 30684.)

"Solid waste collector" means:

A. Any person authorized to perform residential solid waste collection services in the city pursuant to a collection agreement existing between such person and the city; and

B. An authorized recycling collector; and

C. Any person authorized to perform commercial solid waste collection services in the city pursuant to:

1. A collection agreement existing between such person and the city; or

2. A franchise granted in accordance with the provisions of Part 11 of this chapter.

(Ords. 24315, 25401.)

"Solid waste collection service charges" is the sum of the fee for solid waste collection services and the source reduction and recycling fee imposed pursuant to Section 9.10.1120.

(Ord. 29562.)

"Solid waste disposal facility" means a facility or site where final disposal of solid waste occurs and such facility or location meets all of the following requirements:

A. The facility or site is designated as a disposal site in the Integrated Waste Management Plan for Santa Clara County; and

B. The facility or site is operating pursuant to a solid waste facilities permit issued pursuant to Chapter 3 of Part 4 of Division 30 of the California Public Resources Code; and

C. The facility or site is in conformance with all applicable state, federal and local laws and regulations including without limitation the applicable provisions of the San José Zoning Code contained in San José Municipal Code, Title 20, and all permits issued pursuant to said Title 20.

(Ord. 24315.)

"Solid Waste Enclosure" means a walled structure with a solid cover for the storage of Solid Waste with a drainage system connected to the sanitary sewer and wash system that are adequate to accommodate anticipated waste generated at the Premises.

(Ord. 30684.)

"Solid Waste Room" means an enclosed and ventilated space with a drainage system connected to the sanitary sewer and wash system that are adequate to accommodate anticipated waste generated at the Premises.

(Ord. 30684.)

"Source Separation" or "Source Separated" means the segregation by the Generator of Recyclable or Organic Materials from other Solid Waste by placing the Recyclable or Organic Materials in separate Solid Waste containers, by binding the materials separately from other waste materials, or by physically separating the materials from other waste materials.

(Ords. 24718, 30684.)

"Stable matter" means all manure and other waste matter normally accumulated in and about stables or any farm animal, livestock or poultry enclosures resulting from the keeping of farm animals, poultry or livestock.

(Ord. 24315.)

"Swill" means any animal or vegetable waste resulting from the handling, packing, canning, cooking, preparing or processing of food, which:

A. Is fit for consumption by and may lawfully be fed to animals, or which will be made fit by heat or other treatment for consumption by animals and may thereafter be lawfully fed to animals; and

B. Has been segregated from other refuse and kept and accumulated in separate containers by the generator thereof for the purpose of feeding it or having it fed to animals; and

C. Is actually and lawfully fed to animals.

(Ord. 24315.)

"Swill collector" means any person who collects swill.

(Ords. 24315, 25401.)

"Tenant" means any person or persons, other than the owner, occupying or in possession of a premises.

(Ord. 24315.)

"Transfer/processing station" means a facility or site where solid wastes are transferred from hauling vehicles to transfer vehicles and the solid waste or a portion thereof may undergo incidental processing, recycling or further handling before transport to a disposal facility or other waste handling facility, and includes a facility or site where solid wastes are subject to processing operations involving reduction, separation, resource recovery or conversion. The transfer/processing station must meet all of the following requirements:

A. The facility or site is designated as a transfer station or waste processing facility in the Integrated Waste Management Plan for Santa Clara County; and

B. The facility or site is operating pursuant to a solid waste facilities permit issued pursuant to Chapter 3 of Part 4 of Division 30 of the California Public Resources Code; and

C. The facility or site is in conformance with all applicable federal, state and local laws and regulations including without limitation the applicable provisions of the San José Zoning Code contained in San José Municipal Code, Title 20, and all permits issued pursuant to said Title 20.

(Ord. 24315.)

"Transformation" means incineration, pyrolysis, distillation, gasification, anaerobic digestion, or biological conversion other than Composting. Transformation does not include Composting.

(Ords. 24315, 30684.)

"Waste oil" means oil of a type approved by the director for collection in the city's waste oil collection component of the integrated waste management services provided to residential premises, including oil that has been refined from crude oil, or has been synthetically produced, and is either (1) no longer useful because of extended storage, spillage or contamination with nonhazardous impurities such as dirt or water, or (2) has been used and as a result of such use has been contaminated with physical or chemical impurities. Waste oil does not include transmission fluid.

(Ord. 24315.)

"Yard Waste" means grass, weeds, leaves, tree trimmings, plants, shrubbery prunings, and such other similar materials which are generated in the maintenance of yards, gardens or commercial landscaping in the City and which are separated from other Solid Waste materials and placed in a Designated Collection Location.

(Ords. 24315, 30684.)