San Ramon Municipal Code Art. 1 Definitions

For the purposes of this Chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that they have a different meaning: (Ord. No. 499, § 1, 02/25/2020)

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Adequate Level of Collection Service(s) means a level of service(s) that the City has deemed to meet the following goals: (a) Maintain public health and safety; (b) Prevent excessive material accumulation, container overflow, spillage, and storage of materials outside of approved containers; (c) Ensure sufficient container capacity and collection frequency for proper source-separation of Solid Waste, Organic Materials, and Recyclable Materials; and (d) Prevent placement of Prohibited Container Contaminants in collection containers. (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022 Alteration means any change, addition, renovation, or modification in an existing structure.

Effective on: 3/26/2020 Authorized Collector means a person who has been granted an exclusive or non-exclusive Solid Waste, Organic Materials, Recyclable Materials, or C&D Debris collection franchise by the City. Authorized Collectors may include franchised Commercial Recycling Transporters per Article 3 of this Chapter.

Effective on: 3/26/2020 Building Permit Applicant means any person, business, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any Construction, Demolition, or Alteration Project within the City.

Effective on: 3/26/2020 CCR means the 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). (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022 C&D means “Construction” and “Demolition” as those terms are defined in this Chapter.

Effective on: 3/26/2020 C&D Debris includes discarded building materials, packaging, debris, and rubble resulting from Construction, alteration, renovation, remodeling, repair or Demolition operations on any pavements, excavation Projects, houses, commercial buildings, or other structures. Construction and Demolition Debris includes rocks, soils, tree remains and other Yard Trimmings which results from land clearing or land development operations in preparation for Construction.

Effective on: 3/26/2020 C&D Diversion Plan means the plan submitted by Building Permit Applicants that identifies the Diversion facility(ies), transporter(s), strategy(ies), and/or program(s) that will be used to Divert C&D Debris collected in the City in compliance with the Diversion requirement.

Effective on: 3/26/2020 C&D Hauler means an Authorized Collector that has been issued a Commercial Recycling Transporter Franchise by the City authorizing the hauler to provide C&D Debris collection and transportation services in the City.

Effective on: 3/26/2020 C&D Materials Recovery Facility (C&D MRF) means facility that sorts, screens, separates or otherwise processes mixed C&D Debris in order to recover and Recycle a portion of such debris.

Effective on: 3/26/2020

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C&D Program Guidelines means the program guidelines developed, maintained, and managed by the Director pursuant to Article 4 of this Chapter.

Effective on: 3/26/2020 Collection Services means collection by an Authorized Collector of one or more of the following: Solid Waste, Organic Materials, Recyclable Materials, or C&D Debris.

Effective on: 3/26/2020 Commercial means non-Residential developments, properties or uses including, but not limited to, office, retail, industrial, institutional, hotel, and commercial components of mixed use developments and properties. A Multi-Family premise that consists of five (5) or more dwelling units is “Commercial” for the purposes of this Chapter. (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022 Commercial Edible Food Generator means a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). Food recovery organizations and food recovery services are not commercial edible food generators. (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022 Commercial Recycling Transporter means a person or business that has been issued a Commercial Recycling Transporter Franchise by the City.

Effective on: 3/26/2020 Commercial Recycling Transporter Franchise means a non-exclusive franchise issued under the provisions of Article 3 of this Chapter authorizing the applicant to engage in the business of collecting, removing and transporting Commercial Recyclable Materials, Commercial Organics Materials, and C&D Debris generated within the City.

Effective on: 3/26/2020 Construction means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.

Effective on: 3/26/2020 Covered Project means any Construction, Demolition, Alteration, or Deconstruction Project that exceeds the established thresholds subjecting the Project to the requirements of Article 4 of this Chapter. The threshold for a Covered Project shall be established by the Director and specified in the C&D Program Guidelines.

Effective on: 3/26/2020 Deconstruction means the process of carefully dismantling a building or structure in order to salvage components for reuse and recycling.

Effective on: 3/26/2020 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.

Effective on: 3/26/2020 Director means the City of San Ramon Public Works Department Director or designee.

Effective on: 3/26/2020

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Discarded Materials means Recyclable Materials, Organic Materials, Solid Waste, or C&D Debris placed in a container or receptacle, or at a location, for the purposes of collection.

Effective on: 3/26/2020 Disposal or Dispose means the final disposition of Solid Waste in a landfill or transformation facility. In addition, Disposal includes all activities that do not count as Diversion per AB 939, AB 341, and subsequent State legislation.

Effective on: 3/26/2020 Divert or Diversion means to prevent Discarded Materials from Disposal through source reduction, reuse, Recycling, Composting, anaerobic digestion or other method of Processing, in accordance with the provisions of AB 939, AB 341, and subsequent State legislation. For purposes of this Chapter, Diversion does not include the use of source separated yard trimmings or other Organic Materials as Alternative Daily Cover (ADC) at a landfill.

Effective on: 3/26/2020 Edible food means food intended 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 chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022 Enforcement Action means an action of the City or Enforcement Agency to address non- compliance with this ordinance including, but not limited to, issuing administrative notices, citations, fines, penalties, or using other remedies as set forth in TITLE A of this Code. (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022 Enforcement Agency means an entity with the authority to enforce part or all of this chapter as specified herein. Employees and agents of an Enforcement Agency may carry out inspections and enforcement activities pursuant to this chapter. Nothing in this chapter authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity and the City. The City is an Enforcement Agency for all sections of this chapter. The City may choose to additionally delegate enforcement responsibility for certain sections, to other public entities. (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022 Excluded Waste means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, E-Waste, Universal Waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances, as defined by State Statutes and as amended.

Effective on: 3/26/2020 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: (a) A food bank as defined in Section 113783 of the Health and Safety Code; (b) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and (c) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

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(Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022 Food Recovery Service means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022 Generator means any Person whose act or process produces Discarded Materials as defined in the Public Resources Code, or whose act first causes Discarded Materials to become subject to regulation. (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022 Mixed Recyclable Materials means Recyclable Materials that contain a mixture of material types, such as a mixture of Recyclable paper, cardboard, metal, glass, and plastic items.

Effective on: 3/26/2020 Multi-Family means any Residential Premises, other than a Single-Family Premises, used for Residential purposes (regardless of whether residence therein is temporary or permanent), including such Premises when combined in the same building with Commercial establishments, that receive centralized, shared, collection service for all units on the Premises. Customers residing in townhouses, mobile homes, condominiums, or other structures who receive individual service shall not be considered Multi-Family. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial. (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022 Occupied Property means a Residential or Commercial property where people live, work, or visit on a regular basis. For purposes of this Chapter, a property is not an Occupied Property if it is vacant for thirty (30) consecutive days or more.

Effective on: 3/26/2020 On-site Clean-Up Contractor means a person that is in the business of entering a customer's property, gathering, sorting, and consolidating C&D Debris, Solid Waste, or other unwanted items on the property, removing such materials from the property, loading them into collection vehicles, and transporting them to a Reuse, Recycling, transfer, or Disposal facility.

Effective on: 3/26/2020 Organic Materials means plants, yard trimmings, food scraps, compostable paper, and clean wood, individually or collectively. Organic Materials may also include manure from herbivores (horses, cows, goats, sheep, rabbits, etc.). Organic Materials may include Compostable plastic bags, utensils, cups, containers, or other Compostable plastic products if such products are delivered to a facility that can compost them. No Discarded Material shall be considered to be Organic Materials, however, unless it is source separated from Recyclable Material and Solid Waste and is taken to a facility that Diverts Organic Materials. The Director, in mutual agreement with the Authorized Collector(s), shall have the right to promulgate acceptable organic material types subject to source separation for collection service. (Ord. No. 512, § 1 (part), 01/11/2022)

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Effective on: 2/10/2022 Prohibited Container Contaminants means (1) discarded materials placed in the designated recyclables container that are not identified as acceptable source separated recyclable materials for the City’s collection service; (2) discarded materials placed in the designated organic materials collection container that are not identified as acceptable source separated organic materials for the City’s collection service; or (3) discarded materials placed in the solid waste container that are acceptable source separated recyclable materials and/or acceptable source separated organic materials per the City’s collection service, and (4) exempt waste placed in any container. (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022 Project means any activity which requires a building permit or Demolition permit from the City.

Effective on: 3/26/2020 Recyclable Materials means those Discarded Materials that are set out for collection for the purpose of Recycling. Recyclable Materials exclude Excluded Waste. No Discarded Materials shall be considered Recyclable Materials unless such material is source separated from Organic Materials, and Solid Waste. Recyclable Materials may include, but not be limited to: cardboard, newspaper, office paper, mixed recyclable paper, glass bottles and jars, aluminum, steel, tin or bi-metal cans, HDPE and PET plastic bottles and jugs, and all beverage containers with California Redemption Value. The Director, in mutual agreement with the Authorized Collector(s), shall have the right to promulgate acceptable recyclable material types subject to source separation for collection service. (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022 Recycle or Recycling means the process of sorting, cleansing, treating, and reconstituting materials that would otherwise be Disposed of at a landfill for the purpose of returning such materials to the economy in the form of raw materials for new, reused, or reconstituted products.

Effective on: 3/26/2020 Residential means all residential developments or properties including Single-Family and Multi-Family premises that consist of fewer than five (5) dwelling units and residential components of mixed use developments and properties. (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022 Roofing Tear-Off Contractor means a person that is in the business of removing old/unwanted roofing materials from structures and transporting such materials to a reuse, Recycling, transfer, or Disposal facility.

Effective on: 3/26/2020 Self-haul means a person who hauls solid waste, organic waste or recovered material they have 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). “Back-haul” means generating and transporting organic materials to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 189881(a)(66)(A). (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022

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Single-Family means, notwithstanding any contrary definition in City’s Municipal Code, any detached or attached house or residence designed or used for occupancy by one (1) family, provided that Collection service is provided to such Premises as an independent unit. (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022 Solid Waste means Solid Waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, §40191, as amended, and regulations promulgated hereunder. Excluded from the definition of Solid Waste are Excluded Waste, C&D Debris, source separated Recyclable Materials, source separated Organic Materials, and radioactive waste.

Effective on: 3/26/2020 Source Separate means the process of removing Recyclable Materials and Organic Materials from Solid Waste at the place of generation, by the Generator, prior to Collection Service, Recycling, Composting, recovery or reuse. (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022 Tier One Commercial Edible Food Generator means a Commercial Edible Food Generator that is one of the following as defined in 14 CCR Section 18982(a) and as amended: a. Supermarkets with gross annual sales of $2,000,000 or more. b. Grocery store with a total facility size equal to or greater than 10,000 square feet. c. Food service provider, which 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. d. Wholesale food vendor, which 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. e. Food distributor, which means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores. (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022 Tier Two Commercial Edible Food Generator means a Commercial Edible Food Generator that is one of the following as defined in 14 CCR Section 18982(a) and as amended: a. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. b. Hotel with an on-site food facility and 200 or more rooms. c. Health facility with an on-site food facility and 100 or more beds. d. Large venue, which 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. For purposes of this ordinance 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 ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common

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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. e. Large Event, which 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 a large event. f. 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. g. A local education agency facility with an on-site food facility. “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, or as otherwise defined in 14 CCR Section 18982(a)(40). (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022 Total Cost means the total Construction value of the Project as calculated by the Planning/Community Development Department using the City's standard Commercial and Residential valuation procedures.

Effective on: 3/26/2020