Santa Clarita Municipal Code § 15.44.010 Definitions Generally

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by Chapter 15.46, Division 30, Part 1, Chapter 2 of the Public Resources Code, Section 40105 et seq., and the regulations of the California Integrated Waste Management Board, if defined therein and, if not, to the definitions found in the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Section 6901 et seq. and the regulations implementing RCRA, as they may be amended.

"Act"

means the California Integrated Waste Management Act of 1989 (commencing with Section 40000 of the Public Resources Code), as amended, including, but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.

"Bulky waste" or "bulky goods"

means solid waste that cannot and/or would not typically be accommodated within a residential solid waste container including, but not by way of limitation, large and small household appliances (including refrigerators with and without Freon, ranges, washers, dryers, water heaters, dishwashers, and other similar items), furniture (including chairs, sofas, mattresses, and rugs); carpets, mattresses, white goods, tires, oversized yard waste such as tree trunks and large branches if no larger than two (2) feet in diameter and four (4) feet in length, and residential wastes (including wood waste, scrap wood, debris from building remodeling, rocks, sod, and earth, in the aggregate not exceeding one (1) cubic yard per collection), discarded from residential premises in the City of Santa Clarita. Bulky waste does not include car bodies, construction and demolition debris exceeding one (1) cubic yard, or items requiring more than two (2) persons to remove.

"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 the CCR).

"City"

means the City of Santa Clarita, California, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing and all geographic areas which may be added or annexed to the City. Authority granted in this chapter to the City may be carried out through the City Manager or City Manager's designated representative.

"City Manager"

means a person having that title in the employ of the City of Santa Clarita, or the City Manager's designated representative.

"Civic litter containers"

means City-owned receptacles located in public areas for disposal of solid waste generated by the public, which meet the standards of 14 CCR Chapter 8.12, Article 9, Section 17830 et seq.

"Collection"

means the act of collecting solid waste, at or near the place of generation or accumulation, by a solid waste enterprise which has made arrangements with the person in charge of day-to-day operations of the premises for the collection of solid waste.

"Commercial bin"

means a large solid waste container provided by a solid waste enterprise, at least one (1) but less than ten (10) cubic yards in capacity, designed for the deposit of solid waste, placed at commercial or residential premises for the collection of solid waste. Commercial bins may have compaction devices attached. Commercial bins are generally provided by the solid waste enterprise; compaction devices may be leased from third parties. "Commercial bin" does not include construction and demolition material bins, temporary bins or roll-off containers placed at residential premises.

"Commercial business" or "commercial premises"

means a firm, partnership, proprietorship, joint stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential premises, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five (5) units is not a commercial business for purposes of implementing this chapter.

"Commercial edible food generator"

includes a tier one or a tier two commercial edible food generator as defined in 14 CCR Sections 18982(a)(73) and (a)(74).

"Commercial solid waste"

means all types of solid waste, including recyclable solid waste and organic waste, generated or accumulated at commercial premises and placed in commercial bins, temporary bins, containers, or roll-off boxes for accumulation and collection. "Commercial solid waste" does not include residential solid waste or residential recyclable material.

"Construction and demolition material"

means discarded materials removed from premises, resulting from construction, renovation, remodeling, repair, deconstruction, or demolition operations on any pavement, house, commercial building, or other structure or from landscaping. Such materials include but are not limited to "inert wastes" as defined in Public Resources Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), gravel, plaster, gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavements, houses, commercial buildings, and other structures. See Chapter 15.46, Construction and Demolition Materials Management.

"Container"

means any commercial bin, residential solid waste container, temporary bin, drop box, dumpster, roll-off, vessel, can, barrel, cart, or other receptacle used for the temporary accumulation, collection and removal of solid waste, including recyclable solid wastes, green waste, and construction and demolition material.

"Designee"

means a person or entity that the City Manager designates, contracts with, or otherwise arranges to carry out any of the jurisdiction's responsibilities of this chapter authorized in 14 CCR Section 18981.2. A designee may be a government employee or entity, a private entity, a franchised collector, or a combination of those entities.

"Edible food"

means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste 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.

"Enforcement action"

means an action of the relevant Enforcement Officer to address noncompliance with this chapter including, but not limited to, issuing abatement notices, administrative citations, fines, penalties, or using other remedies as authorized by Title 1.

"Enforcement Officer"

means a person or entity the City Manager designates to enforce part or all of this chapter. Enforcement Officers may carry out inspections and enforcement activities pursuant to this chapter. The City has enforcement responsibility for all sections of this chapter. The City may choose to additionally delegate Enforcement Officer responsibility for certain sections, to other public entities or joint powers authority, including but not limited to the County of Los Angeles. 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.

"E-waste,"

also referred to as "electronic waste," shall mean electronic products, including, but not limited to, computers, televisions, VCRs, CRTs, batteries, stereos, copiers, fax machines, cell phones, DVD players, and monitors entering a waste stream. E-wastes include any other materials identified by the Department of Toxic Substances Control (DTSC). Most e-wastes are classified by DTSC as universal wastes (see "Universal wastes," below) and require special handling and reporting.

"Excluded waste"

means hazardous substances, hazardous waste, infectious waste, designated waste, waste that is volatile, corrosive or infectious, medical waste, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City 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, including but not limited to: 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 City or its designee would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City or its designee 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 in compliance with Sections 41500 and 41802 of the Public Resources Code. Excluded waste does not include used motor oil and filters, or other materials defined as allowable materials for collection through the City's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the City or the franchised collector providing service to the generator.

"Food facility"

has the same meaning as in Section 113789 of the Health and Safety Code.

"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 food bank as defined in Section 113783 of the Health and Safety Code;

A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

"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).

"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"

is a tier 1 commercial edible food generator and 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 waste"

means food scraps and food-soiled paper.

"Franchise" or "solid waste franchise"

means the right and privilege granted by the City: (1) to make arrangements for the collection of and to collect solid waste; (2) to transport solid waste to transfer stations, materials recovery facilities, landfills, transformation facilities, compostable materials handling facilities, or green material composting facilities, as defined in 14 CCR Section 17852, or other permitted solid waste management facilities; and/or (3) to recycle solid waste collected within the City. Any solid waste franchise granted shall be subject to all of the rights, if any, held by any other solid waste enterprise pursuant to Public Resources Code Section 49520 et seq. A business license is a receipt for the payment of tax and is not a solid waste franchise and confers no continuation rights under Public Resources Code Section 49520 et seq. or other law.

"Franchise fee"

means the fee or assessment imposed by the City on a solid waste enterprise which holds a solid waste franchise as part of its consideration for the right granted to it to provide solid waste handling services.

"Garbage"

means those elements of the solid waste stream designated for the garbage container, and excludes hazardous waste, excluded waste, materials designated for the organics container or recycling container or materials which have been separated for reuse.

"Garbage 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 garbage.

"Generator"

means a person or entity that is responsible for the initial creation of garbage, organic waste or recyclable materials.

"Green waste"

(also sometimes referred to as "yard waste") means a form of solid waste composed of leaves, grass clippings, brush, branches, and other forms of organic matter generated from maintenance or alteration of landscapes or gardens, including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, weeds, and incidental pieces of scrap lumber, separated from other forms of solid waste, and bedding straw. "Green waste" includes Christmas trees and Hanukkah bushes but does not include stumps or branches exceeding six (6) inches in diameter or four (4) feet in length, dirt, agaves, palm fronds, yucca, bamboo, juniper spears, or cactus. "Green wastes" are organic materials intended for the organics container, not recyclable materials or recyclable solid wastes.

"Grocery store"

is a tier 1 commercial edible food generator and 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).

"Gross revenues"

means any and all revenue or compensation in any form derived pursuant to a solid waste franchise, permit or license, directly or indirectly by a solid waste enterprise, its affiliates, subsidiaries, parents, and any person or entity in which a solid waste enterprise has a financial interest from the collection, transportation, processing, disposal and other services with respect to solid waste, including recyclable solid wastes and green waste, collected within the City. Gross revenues shall be calculated in accordance with generally accepted accounting principles. "Gross revenues" includes, but is not limited to, monthly customer fees for collection of solid waste, including recyclable solid wastes, special pickup fees, container rental and collection fees, fees for redelivery of containers, without subtracting franchise fees or any other cost of doing business. Sales revenue from the sale of recyclable material is excluded from gross receipts for purposes of calculating franchise fees.

"Hazardous waste"

means any waste materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Section 6901 et seq., the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. Section 9601 et seq., or the Carpenter-Presley-Tanner Hazardous Substance Account Act ("HSAA"), California Health and Safety Code Section 25300 et seq., and all future amendments to any of them, or as defined by the California Integrated Waste Management Board or the California Department of Toxic Substances Control. Where there is a conflict in the definitions employed by two (2) or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous waste" shall be construed to have the broader, more encompassing definition.

"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 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).

"Inspection"

means a site visit where an Enforcement Officer reviews 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 chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

"Multifamily residential dwelling" or "multifamily premises"

means, for the purpose of implementing this chapter, of, from, or pertaining to residential premises with five (5) or more dwelling units. Multifamily premises are considered a distinct type of commercial business for the purposes of implementing SB 1383 requirements. Consistent with SB 1383 regulations, residential premises that consist of fewer than five (5) units are not multifamily and instead are single-family for the purposes of implementing this chapter. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses that are not multifamily residential dwellings.

"Organic waste"

for the purposes of implementation of this chapter means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.

"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).

"Organics 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 organic waste designated for compost processing, including food waste and landscape and pruning waste accepted in the City's organic waste collection program, and other organic materials as determined by the City as acceptable for the organics container.

"Prohibited container contaminants"

includes all of the following: (1) materials placed in the recycling container that are not identified as acceptable source separated recyclable materials for the City's recycling container; (2) materials placed in the organics container that are not identified as acceptable source separated organic waste for the City's organics container; (3) materials placed in the garbage container that are acceptable source separated recyclable materials and/or acceptable source separated organic waste that can be placed in the City's organics container and/or recycling container; and (4) excluded waste placed in any container.

"Property owner"

means the owner of real property.

"Recyclable materials"

has the same meaning as source separated recyclable materials below.

"Recyclable solid waste"

means a form of solid waste (1) designated as a recyclable solid waste by the City, or a solid waste enterprise which holds a solid waste franchise and (2) that has been separated by a solid waste service recipient from nonrecyclable solid waste.

"Recycling container"

has the same meaning as "blue container" in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.

"Residential solid waste container"

means a container provided by a service recipient or a solid waste enterprise with a residential solid waste franchise granted by the City, used for the accumulation and collection of residential solid waste. Residential solid waste containers may either be a wheeled cart typically collected using an automated collection arm and provided by the solid waste enterprise, or a barrel, typically between thirty-two (32) gallons and one hundred ten (110) gallons in size and provided either by the solid waste enterprise or the customer.

"Roll-off container"

means a solid waste receptacle typically measuring ten (10) cubic yards or larger that is of the type commonly transported on a flat-bed truck and is detachable from the truck and/or the main cab for parking at a commercial premises or construction or demolition site. Roll-off container includes roll-off compactors, which are enclosed containers that attach to a compaction device and must be detached from the compaction device and transported for disposal. Standard, or noncompacting, roll-off boxes are generally provided by the solid waste enterprise. Compacting roll-off boxes may be leased from a third party.

"Self-hauler"

means a generator who transports its own solid waste by using a vehicle owned by that generator and driven by the generator or the generator's employees, rather than the franchised collector. Self-hauler also includes a person or entity who backhauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). "Backhaul" means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

"Sharps"

means any device having acute rigid corners, edges, or protuberances capable of cutting or piercing, such as hypodermic needles, hypodermic needles with syringes, blades, needles with attached tubing, acupuncture needles, pen needles, intravenous needles, lancets, and other devices used to penetrate the skin for the delivery of medications or the drawing of samples of body fluids.

"Single-family" or "single-family premises"

means, of, from, or pertaining to any residential premises with fewer than five (5) units for the purposes of implementing this chapter.

"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 semisolid wastes, and other discarded solid and semisolid wastes. Solid waste includes recyclable solid waste but does not include (1) hazardous waste; (2) radioactive waste regulated pursuant to the Health and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the Health and Safety Code Section 117600 et seq.

"Solid waste enterprise"

means any individual, partnership, joint venture, unincorporated private organization, or private corporation, which is regularly engaged in the business of providing solid waste handling services. Solid waste enterprise includes enterprises that engage in the business of removing solid waste or recyclable solid waste for pay from residential or commercial locations, including those enterprises commonly known as "junk haulers."

"Solid waste handling" or "handling"

means the collection, transportation, storage, transfer, or processing of solid wastes.

"Source separated"

means materials that have been kept separate from other materials in the solid waste stream, at the point of generation, for the purpose of additional sorting or processing 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, or as otherwise defined in 14 CCR Section 17402.5(b)(4).

"Source separated organic waste"

means those organics that can be placed in an organics container for compost processing, including food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste, and any other items as determined by the City.

"Source separated recyclable materials"

means the same thing as "recyclable materials" and includes those recyclable materials that can be placed in the recycling container including, but not limited to, glass and plastic bottles, aluminum, tin and steel cans, metals, unsoiled paper products, printing and writing paper, and cardboard, and any other items as determined by the City.

"Supermarket"

is a tier 1 commercial edible food generator and 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).

"Temporary bin" or "temporary bin service"

includes bin service provided to a premises on a temporary, as-needed basis in such a manner that no bins belonging to a particular solid waste enterprise remain on that premises for more than thirty (30) consecutive days, or for more than sixty (60) days of any consecutive ninety (90) day period in any calendar year.

"Tier 1 commercial edible food generator"

means a commercial edible food generator that is one (1) of the following:

Supermarkets with gross annual sales of two million dollars ($2,000,000) or more, or as defined in 14 CCR Section 18982(a)(71).

Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet, as defined in 14 CCR Section 18982(a)(30).

"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, or as otherwise defined in 14 CCR Section 18982(a)(27).

"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, or as otherwise defined in 14 CCR Section 18982(a)(76).

"Food distributor"

which 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).

"Tier 2 commercial edible food generator"

means a commercial edible food generator that is one (1) of the following:

Restaurant which 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) and which has two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.

Hotel with an on-site food facility and two hundred (200) or more rooms or as otherwise defined in 14 CCR Section 18982(a)(74)(B).

Health facility with an on-site food facility and one hundred (100) or more beds, or as otherwise defined in 14 CCR Section 18982(a)(73)(C).

"Large venue,"

which means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility, or as otherwise defined in 14 CCR Section 18982(a)(39). For purposes of this chapter 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 implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one (1) large venue that is contiguous with other large venues in the site is a single large venue.

"Large event,"

as defined in 14 CCR Section 18982(a)(38), means an event that serves an average of more than two thousand (2,000) individuals per day of operation of the event and either: (1) charges an admission price; or (2) is operated by a local agency.

A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

A "local education agency,"

which 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), and which has an on-site food facility.

"Universal wastes"

means universal waste electronic devices (UWEDs), cathode ray tubes (CRTs) and other universal wastes as defined by the California Department of Toxic Substances Control or a successor agency, including but not limited to nonempty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor ramps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries (burglar alarm and emergency light batteries), alkaline batteries, carbon-zinc batteries, and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, and mercury-containing switches.

"User disposal containers"

means containers inside a business for the collection of source separated organic waste, source separated recyclables and garbage for employees, contractors, tenants, customers and other users of the business.

"White goods"

means discarded household appliances that have been historically, but may or may not be, enameled, such as refrigerators, freezers, stoves, washer/dryers, water heaters, dishwashers, trash compactors, and similar items.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022)