Windsor Municipal Code Art. 1 General Provisions

The storage, accumulation, collection and disposal of solid waste and other discarded materials is a matter of substantial public concern in that improper regulation of such matters may create a public nuisance, air pollution, fire hazard, vermin and insect infestation and other problems affecting the public health, safety, and welfare of the Town. The public health, safety, and general welfare of the Town require that there be an exclusive franchise for the provision of solid waste collection services and one (1) or more non-exclusive franchise for temporary construction and demolition debris collection services.

(Ord. No. 2017-315, § 1, 10-4-2017; Ord. No. 2021-358, § 1, 12-15-2021)

[The following words and phrases, whenever use in this chapter, shall be construed as defined in this section:]

Back-haul 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).

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.

CalRecycle means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcement of California Code of Regulations (CCR).

Collection services means the collection, transportation, storage, transfer, processing and/or disposal of solid waste.

Commercial edible food generator includes a Tier One or a Tier Two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74).

Commercial premises or commercial means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for profit or nonprofit, strip mall, industrial facility, or as otherwise defined in 14 (CCR) Section 18982(a)(6). A multi-family dwelling consisting of five (5) or more dwelling units is also "commercial" for the purposes of this chapter.

Composting means the controlled biological decomposition of organic waste into a specific mixture of decayed organic matter meeting the definition of "compost" in California Public Resources Code Section 40116 and 14 CCR Section 17896.2(a)(4).

Construction and demolition ("C&D") debris means solid waste resulting from construction, remodeling, repair, demolition, or renovation operations on any pavement, house, commercial building, or other structure, or from landscaping, including, but not limited to, dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastic pipe, roofing material, carpeting, concrete, wood, masonry, rocks, trees, surplus materials, or remnants of new materials, including, but not limited to, paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble, whether brought on the premises for fabrication or intended for use on the premises, excluding liquid and hazardous waste.

Container means any box, can, barrel, bin, cart, dumpster, container or receptacle approved by the Town for collection, holding and/or storing solid waste.

Designated waste means non-hazardous substances which may pose special disposal restrictions due to its potential to contaminate the environment and which may be disposed of only in a Class II disposal site or Class III disposal site pursuant to a variance issued by the California Department of Health Services. Designated waste consists of those substances classified as designated waste by the State of California, in accordance with California Code of Regulations Title 23, Section 2522 as may be amended from time to time.

Disposal means the management of solid waste through landfilling or transformation at a permitted facility.

Domestic septage means either liquid, semi-solid, or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic sewage. Domestic septage does not include liquid, semi-solid, or solid material removed from a septic tank, cesspool, or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from grease trap at a food service establishment.

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 Town to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

Enforcement agency means an entity with the authority to enforce or carry out the responsibilities of 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 permit or require that entity to undertake such enforcement except as agreed to by that entity and the Town. The Town is an enforcement agency for all sections of this chapter. The Town may choose to additionally delegate enforcement responsibility for certain sections, to other public entities, including the Sonoma County Waste Management Agency (Zero Waste Sonoma) and the County of Sonoma. The issuance of civil penalties shall remain the authority of public agencies and shall not be delegated to a private entity.

Exclusive franchisee means a person who has entered into an exclusive franchise agreement with the Town for the provision of solid waste collection services within the Town.

Exempt waste means biohazardous or biomedical waste, hazardous waste, medical waste, regulated radioactive waste, waste that is volatile, corrosive, or infectious, waste treatment or processing sludge, contaminated soil and dirt, contaminated concrete, contaminated asphalt, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, any matter or materials which are not acceptable for disposal at a solid waste landfill as defined in AB 939 and subsequent legislation, and those wastes under the control of the Nuclear Regulatory Commission.

Food recovery organization means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

(1) A food bank as defined in Section 113783 of the Health and Safety Code.

(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code.

(3) 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).

Food service provider means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

Food waste means food scraps and trimmings and other putrescible waste that result from food production, preparation, cooking, storage, consumption or handling. Food waste includes, but is not limited to, meat, fish and dairy waste, fruit and vegetable waste, grain waste, acceptable food packing items such as pizza boxes, paper towels, waxed cardboard and food contaminated paper products. Food waste does not include exempt waste.

Franchise means the right and privilege pursuant to a duly executed franchise agreement to provide collection services within the Town or a designated portion thereof.

Franchise agreement means an agreement between the Town and the franchisee governing the provision of collection services by the franchisee.

Franchisee means a person who has been granted a franchise by the Town pursuant to the provisions of this title, including an exclusive and/or non-exclusive franchisee.

Garbage means all non-recyclable packaging other waste attributed to normal activities of a premise. Garbage must be generated by and at the premise wherein the garbage is collected. Garbage does not include recyclable materials, organic waste, debris from construction and demolition, large items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste.

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

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

Hazardous waste means any material which is defined, regulated or listed as "hazardous," "toxic," a "pollutant," or words of similar import under California or United States law or any regulations promulgated pursuant to such law, as such state or federal law or regulations may be amended from time to time; and "designated waste" as defined in California Water Code Section 13173.

Household hazardous waste ("HHW") means any hazardous waste generated at a single-family residential or multi-family dwelling and/or premises resulting from products purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed, or otherwise managed. HHW includes, but is not limited to, cell phones and PDAs, used motor oil, used oil filters, cooking oil, compact fluorescent light bulbs contained in a sealed plastic bag, cleaning products, pesticides, herbicides, insecticides, painting supplies, automotive products, solvents, strippers, adhesives, auto batteries, household batteries, electronic waste and universal waste.

Inspection means a site visit where the Town or its designated enforcement agency, reviews records, containers, and an entity's collection, handling, recycling, or disposal of solid waste or edible food handling, and may include collection of photographic evidence or other documentation, 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).

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 two thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

Large venue 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. 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. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

Multi-family dwelling for purposes of this chapter, means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-family dwellings do not include hotels, motels, or other transient occupancy facilities, which are considered commercial premises.

Non-exclusive franchisee means a person who has entered into a non-exclusive franchise agreement with the Town for the provision of temporary construction and demolition debris collection services within the Town.

Organic waste means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food waste, compostable paper, plant debris, grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, and other forms of vegetative waste, or as otherwise defined in 14 CCR Section 18982(a)(46). The Town Manager, in mutual agreement with the franchisee, shall have the right to promulgate organic material subject to collection in collection containers designated for organic materials or recyclable materials.

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).

Permitted facility means any site, facility, location or premises permitted by law to be used for the processing and/or disposal of solid waste, including but not limited to, a solid waste transfer or processing station, a landfill, a composting facility, a transformation facility or a disposal facility. A permitted facility shall be in compliance with all state, county and local agency laws and regulations.

Person means any individual, firm, corporation, government or governmental subdivision or agency, trust, limited liability company, partnership, association, or other legal entity.

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

Prohibited container contaminants means:

(1) Discarded materials placed in the designated recycling container that are not identified as acceptable source separated recyclable materials for the Town's designated recycling container;

(2) Discarded materials placed in the designated organic waste container that are not identified as acceptable source separated organic waste for the Town's designated organic waste container; and

(3) Discarded materials placed in the garbage container that are acceptable source separated recyclable materials and/or source separated organic waste to be placed in Town's designated organic waste container and/or designated recycling container.

Recovered organic waste products means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

Recyclable material means materials that are separated from other waste materials for the purpose of recycling and includes, but is not limited to, newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers; aluminum beverage containers; scrap and cast aluminum (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); steel including "tin" cans, aerosol cans (empty, non-toxic products) and small scrap (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); bimetal containers; plastic bottles (#1-7); aluminum foil and pans; concrete, used motor oil and filters, and dry cell household batteries when contained in a sealed heavy-duty plastic bag. The Town Manager, in mutual agreement with the franchisee, shall have the right to promulgate recyclable material subject to collection in collection containers designated for organic materials or recyclable materials.

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.

Residential means single-family dwellings, multi-family dwellings, and mobile homes, including apartments and condominiums, consisting of fewer than five (5) dwelling units for the purposes of this chapter.

Responsible party means the owner, tenant, lessee, occupant or other designee responsible for the day-to-day operation, or otherwise in charge of, any premises in the Town, including the proprietor or manager of any commercial premises.

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. SB 1383 will be referenced as defined in 14 CCR.

Self-haulers and/or self-hauling [means] a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauling also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66).

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

Solid waste means all putrescible and non-putrescible solid, semi-solid, and liquid wastes including garbage, trash, refuse, paper, rubbish, ashes, recyclable materials, organic waste, industrial wastes, construction and demolition debris, 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 does not include hazardous waste, radioactive waste, medical waste, domestic septage and such other waste as may be specifically excluded from the definition of "solid waste" set forth in California Public Resources Code Section 40191.

Solid waste collection services means the ongoing collection, transportation, storage, transfer, processing and/or disposal by the exclusive franchisee of solid waste generated from the normal, day-to-day activities of premises that subscribe to and receive such services within the Town.

Source separated means the process of removing recyclable materials and organic waste from solid waste at the place of generation, prior to collection, and placing such materials into separate containers designated for recyclable materials and organic waste, or as otherwise defined in 14 CCR Section 17402.5(b)(4).

Temporary construction and demolition debris collection services means the temporary collection of construction and demolition debris by a non-exclusive franchisee by using 1-8 cubic yard bins or 8-40 cubic yard dumpster or other containers approved by the Town which are thereafter delivered to a permitted facility. Temporary construction and demolition collection services does not include collection of solid waste generated from on-going activities on a single-family residential, multi-family dwelling, or commercial premises, or collection from single-family residential, multi-family dwelling, or commercial premises that receives solid waste collection services from the exclusive franchisee.

Tier One commercial edible food generator means a commercial edible food generator that is one (1) of the following as defined in 14 CCR Section 18982(a) and as amended:

(1) Supermarkets with gross annual sales of two million dollars ($2,000,000.00) or more;

(2) Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet;

(3) Food service provider;

(4) Wholesale food vendor;

(5) Food distributor.

Tier Two commercial edible food generator means a commercial edible food generator that is one (1) of the following as defined in 14 CCR Section 18982(a) and as amended:

(1) Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet;

(2) Hotel with an on-site food facility and two hundred (200) or more rooms;

(3) Health facility with an on-site food facility and one hundred (100) or more beds;

(4) Large venue;

(5) Large event;

(6) 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;

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

Title means Title XI "Solid Waste Management" of the Town of Windsor Code.

Town means the Town of Windsor.

Town Council means the Town Council of the Town of Windsor.

(Ord. No. 2017-315, § 1, 10-4-2017; Ord. No. 2021-358, § 1, 12-15-2021)