Chapter 30.10
GENERAL PROVISIONS
Sections:
30.10.030 Other agency exemptions.
30.10.040 Dumping or littering.
30.10.060 Burning or burying of waste prohibited.
30.10.070 Scavenging prohibited.
30.10.100 Violations, enforcement, actions, and remedies.
30.10.130 Transportation requirements.
30.10.010 Definitions.
For purposes of this title, unless otherwise provided elsewhere in this title, the following words are defined as follows:
A. “A” Definitions.
1. “AB 939” means the California Integrated Waste Management Act of 1989, Public Resources Code Section 40000 et seq., as may be amended from time to time.
2. “Airborne waste” means solid waste that is likely to become airborne when discarded.
3. “Alternative compliance form” means a form provided by the City and completed by a commercial generator to document that commercial generator’s method of complying with the requirements of EGMC Chapters 30.40, 30.60 and 30.61 when not subscribing to recycling and/or organic waste collection service from an authorized hauler.
4. “Approved sharps container” means an approved rigid container designed to collect sharps waste which was home-generated and needs proper disposal.
5. “Authorized hauler” means any commercial hauler that has been authorized by the City to collect solid waste including C&D debris, garbage, recyclables, and/or organic waste from commercial generators within City limits and shall ensure such material is delivered to a facility authorized by law to dispose of, recycle, and/or recover those waste materials.
B. “B” Definitions.
1. “Back-haul” means the hauling of solid waste for disposal, recycling, and/or recovery by a generator who hauls the solid waste generated on site to a destination that is owned and operated by that generator using the generator’s own vehicle.
2. “Blue container” has the same meaning as in 14 CCR 18982(a)(5) and shall be used for the purpose of storage and collection of source-separated recyclable materials and some types of organic waste such as paper products, printing and writing paper, and cardboard.
3. “Brown container” has the same meaning as in 14 CCR 18982(a)(5.5) and shall be used for the purpose of storage and collection of source-separated food waste.
4. “Building Safety and Inspection (BSI)” means the City’s Building Safety and Inspection Division.
5. “Business” means: a) a commercial entity, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust, or corporation that is organized for financial gain or profit, including but not limited to offices, retail stores, strip malls or shopping centers, markets, industrial or manufacturing facilities, warehouse and distribution facilities, restaurants, motels and hotels, theaters, medical offices, gas stations and automotive facilities, and multifamily residential complexes of five (5) dwelling units or more; and b) not-for-profit organizations, including but not limited to churches, hospitals, and social service organizations.
C. “C” Definitions.
1. “C&D debris” or “construction and demolition debris” means used or discarded materials resulting from construction, renovation, remodeling, repair, deconstruction, or demolition operations on any pavement, house, commercial building, or other structure and such other materials as may be removed during the normal cleanup process of such construction, renovation, remodeling, repair, or demolition operations. “C&D debris” is used collectively to include: commingled construction and demolition debris; source-separated recyclable construction and demolition debris; and nonrecyclable construction and demolition material. “C&D debris” also refers to construction and demolition debris generated during the course of activities at a covered project.
2. “C&D generator” shall have the same meaning as “generator.”
3. “C&D waste plan” means a completed form prepared by a building permit applicant with an estimate of the construction and demolition waste and recycling to be generated by the project, submitted for approval to the City’s Recycling and Waste Division prior to building permit approval.
4. CalRecycle. See “Department of Resources Recycling and Recovery (CalRecycle).”
5. “Cart” means a plastic container with a hinged lid and wheels that is serviced by an automated or semi-automated collection vehicle. Also see “Container(s).”
6. “CCR” means the California Code of Regulations. CCR references in this title 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).
7. “Certified C&D sorting facility” means a facility for recovering recyclable materials from mixed construction and demolition waste that is certified, and maintains all the terms and conditions of certification, by the County of Sacramento or the Recycling and Waste Division.
8. “Cleanup company” means a type of commercial hauler that provides a range of short-term services, including but not limited to cleaning up a residential or commercial property or construction site, source-separating recyclables at a property or construction site, and the hauling of solid waste and/or C&D debris from a property or construction site. To be considered a cleanup company, an authorized hauler shall provide cleanup services only, and shall not provide long-term and/or ongoing solid waste collection service beyond the limited-duration cleanup project.
9. “Collection,” “collect,” and “collecting” mean the act of collecting and removing solid waste at the place of generation by any means, including but not limited to a dumpster truck; roll-off truck; side-load, front-load or rear-load truck; or a trailer.
10. “Commercial” refers to any entity, building, land or similar that is not intended for single-family habitation or general public use. This may include, but is not limited to, a business, nonresidential, multifamily property, or single-family residential property managed by an association or other organization, or any other solid waste generator that is not a considered to be a household residing in a single-family home. Where several businesses, nonresidential properties, multifamily properties, or single-family residential properties managed by an association or other organization share solid waste containers and service, “commercial customer” refers only to the party who enters into a contract for solid waste collection services with a commercial hauler.
11. “Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in subsections (T)(3) and (T)(4) of this section or as otherwise defined in 14 CCR 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR 18982(a)(7).
12. “Commercial hauler” means any person or entity who collects, hauls, or transports solid waste generated by a commercial generator for a fee by use of any means, including but not limited to a dumpster truck; roll-off truck; a side-, front-, or rear-load truck; or a trailer.
13. “Commercial hauler fee” means the fees required to be paid by haulers authorized by the City to provide solid waste collection and transportation service to commercial generators pursuant to EGMC Section 30.50.100. The commercial hauler fee shall be paid by all authorized haulers to the City to fund all costs associated with the compliance, enforcement, and public education related to commercial solid waste.
14. “Commingled C&D debris” means construction and demolition debris that includes commingled recyclable and nonrecyclable construction and demolition debris generated from a project.
15. “Compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the other solid wastes or separated at a centralized facility, or as otherwise defined in 14 CCR 17896.2(a)(4).
16. “Construction” means the building of any facility or structure or any portion thereof, including any tenant improvements to an existing facility or structure.
17. “Container(s)” mean carts, bins, and drop boxes; see also “Solid waste container.”
18. “County” means the County of Sacramento.
19. Covered Generator. See “Generator.”
20. “Covered project” means any addition, remodel, new construction, and/or demolition project. “Covered project” shall not include:
a. Activities performed in response to an emergency, such as a natural disaster; or
b. Activities that generate significant amounts of materials that cannot be disposed of in Class II sanitary landfills described in 27 CCR 20250, as may be amended.
21. “CRV” means California refund value, which is the amount paid by consumers at a retailer’s checkout stand and paid back to consumers when they recycle eligible aluminum, plastic, glass, and bimetal beverage containers at certified recycling centers.
D. “D” Definitions.
1. “Deconstruction” means the select dismantlement or disassembly of any facility, building, pavement, or other structure or any portion thereof, including any tenant improvements to an existing facility or structure, with the intent to reuse, repurpose, or recycle some or all of the components.
2. “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.
3. “Department of Resources Recycling and Recovery (CalRecycle)” is a department within the California Environmental Protection Agency. CalRecycle administers and provides oversight of all Statewide programs related to nonhazardous waste handling and recycling. CalRecycle also oversees jurisdictional compliance with regulations related to recycling and solid waste reduction.
4. “Designee” means an entity to which the City has delegated responsibility or authority to carry out a specified action pursuant to a contract, franchise, or other arrangement, which, for the purposes of this title, the term “designee” refers to the franchised residential hauler or an authorized commercial hauler acting as the City’s authorized representative to carry out certain relevant activities required by SB 1383 as authorized by 14 CCR 18981.2(b).
5. “Discard” means to throw out, including to dump, litter, spill, sweep, brush, deposit or otherwise cast off.
6. “Dispose” or “disposal” means disposal as defined in Section 40192 of the California Public Resources Code, as may be amended from time to time. “Disposal” does not include the use of organic waste as alternative daily cover (ADC).
7. “Divert” means to use material for any purpose other than disposal in a landfill.
8. “Division” means the Recycling and Waste Division of the City of Elk Grove.
E. “E” Definitions.
1. “Edible food” means food intended for human consumption or as otherwise defined by 14 CCR 18982(a)(18). For the purposes of this title, edible food is not considered solid waste if it is recovered and not discarded. Nothing in this title requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
2. “EGMC” means the Elk Grove Municipal Code.
3. “E-waste” means waste that is powered by batteries or electricity and that has a circuit board, including but not limited to televisions, small appliances, and personal electronics. Some e-waste or components thereof may be hazardous waste and thus require special handling.
4. “Excluded waste” means e-waste, universal waste, hazardous substances, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s) 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, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in City’s or its designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose 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 California Public Resources Code. “Excluded waste” does not include used motor oil and filters, household batteries, or medical sharps when such materials are properly placed for collection pursuant to instructions provided by the City or its franchised residential hauler for collection services.
F. “F” Definitions.
1. “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
2. “Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR 18982(a)(24).
3. “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 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.
A food recovery organization is not a commercial edible food generator for the purposes of this title and implementation of 14 CCR 18991 pursuant to 14 CCR 18982(a)(7).
If the definition in 14 CCR 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR 18982(a)(25) shall apply to this title.
4. “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 recovery, or as otherwise defined in 14 CCR 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this title and implementation of 14 CCR 18991 pursuant to 14 CCR 18982(a)(7).
5. “Food scraps” means the waste products from food preparation or consumption such as, but not limited to, bones, peels, fruit cores and pits, meat trimmings, rinds, seeds, coffee grounds, eggshells, and uneaten or spoiled leftovers. “Food scraps” excludes fats, oils, and grease when such materials are source separated from other food scraps.
6. “Food waste” means food scraps and food-soiled paper.
7. “Franchise” means a residential or commercial solid waste collection franchise issued to a hauler by the City pursuant to this title, as documented by a franchise agreement. For purposes of this title, “franchise agreement” and “franchise contract” shall have the same meaning.
8. “Franchised hauler” or “franchisee” means a residential solid waste hauler or hauler possessing a valid franchise issued by the City pursuant to this title.
G. “G” Definitions.
1. “Garbage” means solid waste that excludes recyclable material, organic waste, and excluded waste. “Garbage” includes: a) putrescible waste that can rapidly decompose and become a nuisance characterized by decay, odors, gases, attraction of vectors, and other offensive conditions; and b) nonputrescible waste such as nonorganic textiles, crockery, rubber, plastic or wax-coated paper, and similar waste materials.
2. “Generator” means a person or entity that is responsible for the initial creation of waste. Residential generators may include any person, resident, property owner, occupant, or other individual. Commercial generators may include any business, group of businesses located on a singularly owned parcel, multifamily property, or single-family property managed by an association or organization. For purposes of this title, “commercial generators” may be further defined as a covered generator or a C&D generator as follows:
a. “Covered generator” means any commercial generator that generates four (4 yd3) or more cubic yards of solid waste per week and/or any multifamily residential dwelling property of five (5) units or more regardless of waste collection service level. “Covered generator” may include a tenant, property owner, property manager, or other generator, and is dependent on whoever executes the contract(s) or written service agreement for solid waste collection services.
b. “C&D generator” means any commercial generator that generates C&D debris.
3. “Gray container” has the same meaning as in 14 CCR 18982(a)(28) and shall be used for the purpose of storage and collection of garbage.
4. “Green container” has the same meaning as in 14 CCR 18982(a)(29) and shall be used for the purpose of storage and collection of source-separated organic waste.
5. “Green waste” means organic solid waste that will decompose or putrefy generated from landscapes, including garden and yard waste such as grass, leaves, weeds, brush, bedding straw, and trees (including live, unflocked Christmas trees) and branches, clippings, prunings and trimmings from trees, and any other organic waste designated by the City; see also “Organic waste.”
H. “H” Definitions.
1. “Haul” means to transport or remove.
2. Hauler. Refer to “Commercial hauler” and/or “Residential hauler,” as applicable.
3. “Hazardous waste” means any waste defined as hazardous pursuant to 22 CCR 66261 and/or 40 CFR 261.3.
I. “I” Definitions.
1. “Inspection” means a site visit where the City, or its designee, reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of solid waste to determine if the entity is complying with requirements of this title.
J. Reserved for future use.
K. Reserved for future use.
L. “L” Definitions.
1. “Large event” means an event including, but not limited to, a sporting event, festival, vendor fair or market, or flea market that charges an admission price, or is operated by a local agency, and serves 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.
2. “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. “Venue facility” includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, area, hall, amusement park, conference or civic center, aquatic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this title 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 18982(a)(39) differs from this definition, the definition in 14 CCR 18982(a)(39) shall apply to this title.
M. “M” Definitions.
1. “Medical waste” or “infectious waste” means those wastes identified in California Health and Safety Code Section 25117.5, as may be amended from time to time.
2. “Multifamily property,” “multifamily development,” or “multifamily residential complex,” for purposes of this title only, means any multifamily dwelling building or group of buildings that contains five (5) or more individual dwelling units located on a single tax lot regardless of waste collection service level. Multifamily complexes include, but are not limited to, apartment complexes, mobile home parks, senior housing/care facilities, and condominium complexes.
N. “N” Definitions.
1. “Nonlocal entity” means an entity that is a solid waste generator but is not subject to the control of a jurisdiction’s regulations related to solid waste. These entities may include, but are not limited to, special districts, Federal facilities, prisons, facilities operated by the State parks system, public universities, and State agencies.
2. “Nonrecyclable C&D debris” means construction and demolition debris that contains only incidental amounts of recyclable or reusable construction and demolition material commingled with it.
3. “Nonresidential property” or “commercial property” means real property that is located in the City and used primarily for: a) commerce, including but not limited to offices, manufacturing, industrial, stores, restaurants, motels, hotels, recreational vehicle parks, theaters, service stations, and multifamily housing developments or complexes; b) not-for-profit organizations; and c) institutional uses, including churches and hospitals. The term “nonresidential property” or “commercial property” shall not include any single-family residential units or undeveloped land.
O. “O” Definitions.
1. “Organic waste” means wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food waste, green waste, lumber, untreated wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR 18982(a)(46). Some types of organic waste may also be considered recyclable materials for purposes of compliance with EGMC Chapter 30.60; these include, but are not limited to, paper products and printing and writing paper.
2. “Organic waste recovery” means any activity or process described in 14 CCR 18983.1(b), and/or as otherwise defined in 14 CCR 18982(a)(49).
3. “Owner” means a person or entity having ownership interest and may also mean the person or entity that owns a business, nonresidential property, multifamily property, or single-family residential property managed by an association or other organization. An owner may also be a generator.
P. “P” Definitions.
1. “Paper products” includes, but is not limited to, paper janitorial supplies, cartons, wrapping paper, packaging, file folders, hanging files, corrugated boxes, tissue, and paper towels, or as otherwise defined in 14 CCR 18982(a)(51).
2. “Permit” means any permit issued by the City pursuant to its zoning, planning, building, electrical, mechanical, or plumbing code.
3. “Permit applicant” means any person or entity that must secure a permit for a covered project.
4. “Permit application packet” means the collection of information and blank forms necessary to submit a complete application for a building permit to Building Safety and Inspection for construction and demolition related activities, including but not limited to building, construction, deconstruction, demolition, excavation, grading improvement, reconstruction, remodeling, renovation, repair, or any activity related to any of these activities. The permit application packet includes a C&D waste plan that shall be submitted to Building Safety and Inspection by the project manager or person to whom the permit will be issued for review by the Recycling and Waste Division.
5. “Permittee” means any natural 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 or receives from the City applicable permits to undertake any construction, demolition, or renovation project in the City.
6. “Premises” means a tract or parcel of land located in the City with or without habitable buildings or appurtenant structures.
7. “Printing and writing papers” includes, but is not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR 18982(a)(54).
8. “Prohibited container contaminants” means the following: a) discarded materials placed in the blue container that are not identified as acceptable source-separated recyclable materials; b) discarded materials placed in the green container that are not identified as acceptable source-separated organic waste; c) discarded materials placed in the brown container that are not identified as acceptable source-separated food waste; d) discarded materials placed in the gray container that are acceptable source-separated recyclable materials, food waste, and/or organic wastes to be placed in the blue, brown, or green container; and e) excluded waste placed in any container.
9. “Project” means any activity that requires a building permit from the City including, but not limited to, the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, wiring, plumbing, use, and maintenance of any building or structure within the City.
10. “Project valuation” means the total construction valuation of labor and materials for the construction, demolition, or renovation project as calculated by the City.
11. “PRC” means the California Public Resources Code.
Q. Reserved for future use.
R. “R” Definitions.
1. “Recyclable C&D material” means used or discarded material resulting from construction, demolition, deconstruction, or renovation including, but not limited to, remodeling, repair, or demolition operations on any pavement, sidewalk, street, roadway project, bridge, house, commercial building, utilities or any other facility, structure, or improvement that can be diverted from landfills and returned 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.
2. “Recyclable material” or “recyclables” means material which can be separated from other solid waste and diverted from disposal or transformation for the purpose of recycling, repurposing, reuse, or salvage.
3. Recyclable Materials Container. Refer to “Blue container.”
4. “Recycle,” “recycling,” and “recycled” mean the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise be disposed and returning them for use or reuse in the form of raw materials for new, used, or reconstituted products that meet the quality standard necessary to be used in the marketplace. “Recycling” does not include “transformation” as defined in California Public Resources Code Section 40201, as may be amended.
5. “Recycler” means any person or business entity that lawfully collects recyclable material.
6. “Recycling facility” means those facilities or operations that receive, process, and transfer to market recyclable materials that have been source separated from the solid waste stream.
7. “Recycling and Waste Division,” “R&W Division,” or “the Division” means the City of Elk Grove’s Recycling and Waste Division of the Public Works Department. This division is responsible for ensuring all generators comply with the requirements of this title and that the City is in compliance with all State-mandated waste reduction and diversion requirements.
8. “Removal” means the act of removing solid waste or recyclables from the place of waste generation.
9. “Renovation” means any change, addition, or modification in an existing structure.
10. “Resident” means the owner, occupant, manager, or other person in possession, charge, or control of a residential premises.
11. “Residential” refers to premises that contain four (4) or fewer dwelling units.
12. “Residential hauler” means a solid waste hauler that has been granted the exclusive right to haul all solid waste generated by single-family residential properties and certain small commercial properties with space constraints, except as provided for in EGMC Section 30.30.090, through the issuance of a valid franchise.
13. “Residual waste” means solid waste which remains after processing and is transported from a transfer station to a permitted solid waste facility for disposal.
14. “Reuse” means further or repeated use of materials.
15. “Roll-off container” or “debris box” or “drop box” means a metal container, of three (3 yd3) to forty (40 yd3) cubic yard capacity, capable of being mechanically loaded onto a collection vehicle for transport to a disposal facility.
S. “S” Definitions.
1. “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 may be amended, supplemented, superseded, and replaced.
2. “Self-haul” means the hauling for disposal, recycling, processing, or recovery of any solid waste by the same person or entity who generated it; see also “Back-haul.”
3. “Service agreement” means a written agreement between an authorized hauler and a commercial generator concerning the collection of solid waste.
4. “Sharps” means any item having corners, edges, or projections capable of cutting or piercing the skin for medical purposes.
5. “Single-family” means of, from, or pertaining to any residential premises with four (4) or fewer dwelling units.
6. “Solid waste” means any material that is discarded except excluded waste. For purposes of this title, “solid waste” refers collectively to all nonexcluded waste types including garbage, recyclable materials, and organic waste.
7. “Solid waste container” means any cart, bin, roll-off container, automatic lift container, debris box, or any other type of receptacle used for the deposit, storage, collection or transport of garbage, litter, junk, debris, refuse, swill, rubbish, waste matter, putrescible waste, hazardous waste, infectious waste, recyclable material, or organic waste.
8. “Solid waste handling” means all or a portion of the following:
a. Solid waste handling, as defined in Public Resources Code Section 40195, as may be amended from time to time; and
b. Solid waste disposal, as defined in Public Resources Code Section 40192, as may be amended from time to time.
9. “Source separate,” “source-separated,” and “source separation” means the process of separating solid waste at the point of discard or generation into separate containers for the purpose of additional sorting or processing those materials for recycling, recovery, or reuse 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 17402.5(b)(4). For the purposes of this title, “source-separated” shall include separation of materials by the generator, property owner, property owner’s employee, tenant, property manager, or property manager’s employee into different containers for the purpose of collection such that source-separated materials are separated from garbage or other solid waste for the purposes of collection and processing.
10. “Source-separated material” means the recyclable material separated from garbage at the point of generation that contains less than ten (10%) percent of contaminating solid waste by weight.
11. “Source-separated organic waste” means source-separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding organic waste that may be placed in a blue container such as paper products (see “Recyclable material”), carpets, and textiles.
12. “Source-separated recyclable C&D material” means any type of recyclable construction and demolition material separately containerized or clearly segregated from mixed construction and demolition debris, and other recyclable construction and demolition material, prior to collection and transportation for further processing.
13. “State” means the State of California.
14. “Subcontract” is a contract assigning some of the obligations of a contract to a third party.
T. “T” Definitions.
1. “Tenant” means someone who occupies land or property and pays rent to live in a single-family residential dwelling, a multifamily residential dwelling unit, or a commercial property that is owned by someone else.
2. “Three (3) container organic waste collection service” means a service provided to generators by a solid waste hauler where three (3) carts or containers are provided for the separation of three (3) different waste types (i.e., trash, recycling, and organics).
3. “Tier one commercial edible food generator” means a commercial edible food generator that is one (1) of the following:
a. Supermarket;
b. Grocery store with a total facility size equal to or greater than seven thousand five hundred (7,500 ft2) square feet;
c. Food service distributor; and/or
d. Wholesale food market.
4. “Tier two commercial edible food generator” means a commercial edible food generator that is one (1) of the following:
a. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000 ft2) square feet;
b. Hotel with an on-site food facility and two hundred (200) or more rooms;
c. Health facility with an on-site food facility and one hundred (100) or more beds;
d. Large venue;
e. Large event;
f. A State agency with a cafeteria with two hundred fifty (250) or more seats or local cafeteria facility size equal to or greater than five thousand (5,000 ft2) square feet; and/or
g. A local education agency facility with an on-site food facility.
U. “U” Definitions.
1. “Universal waste” means hazardous waste that is universal waste as defined and listed, respectively, in 22 CCR 66273.9 and 66261.9, and as may be amended from time to time.
V. Reserved for future use.
W. “W” Definitions.
1. “Waste” means any material that is discarded including solid waste and excluded waste.
2. “Waste log (WL)” means the record sheet (provided as a blank form by Building Safety and Inspection to the permit applicant as part of the permit application packet) that details the actual construction and demolition waste and recycling activity for the project, post-demolition, or post-construction.
X. Reserved for future use.
Y. Reserved for future use.
Z. Reserved for future use. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.10.020 Ownership of waste.
Waste is the property of the generator until any of the following has occurred:
A. The generator legally discards the waste;
B. The owner, occupant, manager, or other person in possession, charge, or control of a premises where solid waste is generated removes solid waste located on the premises and legally discards the solid waste; or
C. A hauler collects solid waste from its customer and transports it for recycling, processing, or disposal of it in accordance with all City, State, and Federal laws. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.10.030 Other agency exemptions.
Except as otherwise authorized or provided by applicable State law, the State of California, local education agencies such as school districts and nonlocal entities such as special districts, public universities and public colleges are exempted from the requirements of this title with respect to handling solid waste generated on their respective premises. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.10.040 Dumping or littering.
No person shall throw, drop, leave, dump, bury, burn, place, keep, accumulate, or otherwise dispose of any waste on public property or the private property of another, including any cart, container, or other waste receptacle, without permission or approval of the property owner, and except in accordance with all applicable laws, ordinances, and resolutions. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.10.050 Excluded waste.
No person shall deposit in any container used for solid waste any excluded waste. Special arrangements shall be made with a licensed hazardous or universal waste hauler, as appropriate, for removal of such material. Removal and proper disposal of excluded waste shall be the responsibility of the generator; an authorized hauler or a contractor is under no obligation to remove excluded waste. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.10.060 Burning or burying of waste prohibited.
It is unlawful for any person to burn or bury within the City any waste of any type. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.10.070 Scavenging prohibited.
A. No person shall open, look into, search through, and/or remove waste from any other entity’s solid waste container or excluded waste storage container/area without the written permission of the individual or entity that pays for waste handling services, except for the following:
1. An authorized residential or commercial hauler that is hired to collect solid waste that has been stored in that container or a licensed excluded waste hauler hired to transport excluded waste stored in a container or area;
2. A law enforcement officer;
3. A City employee in the performance of their duties; or
4. Any person authorized and directed by the City Manager or a designee, such as someone conducting solid waste audits.
B. No person or entity, other than the hauler authorized by the City or by the contract to collect solid waste at that location, shall remove or collect recyclable or salvageable materials placed by any person in a bag or container labeled for the use in connection with the recycling program operated by such hauler, or remove or collect recyclable or salvageable materials found at any commercial, industrial, or City-owned or leased facility within the City. This section shall not apply to residential, commercial, or industrial generators who contract for the removal of their recyclable or salvageable materials. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.10.080 Promulgation.
The City Manager and/or a designee is authorized to administer, implement, and enforce this title and promulgate related waste policy. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.10.090 Appeals.
Any person aggrieved by a final decision or ruling resulting from department-level review by the City Manager or the City Manager’s designee made pursuant to this title may file a written appeal with the City Clerk in accordance with EGMC Chapter 1.11. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.10.100 Violations, enforcement, actions, and remedies.
A. Each failure to comply with any provision of this title or any regulation promulgated under this title is unlawful and constitutes a public nuisance and shall be enforced in accordance with procedures set out in EGMC Chapters 1.04, 1.08, 1.12 and 16.18 except as stated in subsections (B) and (C) of this section.
B. Any violations of the provisions of EGMC Chapters 30.61, 30.62, and 30.63 shall not be subject to any penalties or fines unless the violation occurs on or after January 1, 2024. Prior to that date, violations of these chapters shall result in the issuance of a notification to the generator or to the food recovery service or organization containing information of the requirements to properly separate organic waste or edible food for recovery. After such date, violations of the specified chapters shall be subject to any applicable fines and/or penalties adopted by resolution of the City Council. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.10.110 Notices.
A. Public Hearings.
1. Posting and Publishing. Whenever a provision of this title authorizes or requires a public hearing to be conducted by the City Council, the City Clerk shall give notice of the time, date, place, and purpose of the hearing.
2. Personal Delivery or Mail. If the public hearing concerns an identifiable person, the City Clerk, or the City Clerk’s authorized designee, shall personally deliver or mail the notice, postage prepaid, by deposit at a United States post office, sub-post office, substation, or in a mailbox or mail chute. The City Clerk will direct the notice to the latest address that the person provided to the City.
B. Other Notices.
1. Public education and outreach notices issued pursuant to SB 1383 requirements found in 14 CCR 18985.1 may be distributed by the City or its designee by print or electronic media. The City may further distribute notices by direct contact through workshops, meetings, on-site visits, or public events.
2. The City Clerk or Recycling and Waste Division will distribute all notices not otherwise provided for in this chapter by personal delivery or by mail pursuant to subsection (A)(2) of this section. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.10.120 Haulers.
No person or entity may haul solid waste on City streets, alleys, highways, or other public pavement except as authorized by this title. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.10.130 Transportation requirements.
A. Any person or entity transporting solid waste in the City shall ensure that no material drops, sifts, leaks, blows, spills, or otherwise escapes from the vehicle transporting that solid waste.
B. Any person or entity transporting solid waste shall cover or otherwise secure the transported load of solid waste such that no solid waste spills or falls from the transporting vehicle.
C. The City shall reasonably act to enforce, or to assist an authorized hauler in enforcing, provisions of the hauler’s franchise agreement that adversely affect public health or that impinge on the City’s goals as stated in this title.
D. Persons or entities engaged in solid waste removal pursuant to these requirements shall be responsible for any damage in excess of normal wear and tear to the City’s driving surfaces, whether or not paved, resulting from the illegal weight of, or any leakage or spillage of, oils, fluids or solids by vehicles used in such solid waste removal.
E. Vehicles used for the collection, transportation, or disposal of solid waste shall comply with California Highway Patrol (CHP) and Department of Transportation (DOT) regulations and shall be thoroughly washed and disinfected inside the collection body following each use. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.10.140 Disposal.
A. Any person or entity transporting solid waste in the City shall deliver all solid waste collected and dispose of such solid waste only at sites or facilities that are authorized to accept that solid waste by law, such as permitted transfer stations, landfills, materials recovery facilities, composting facilities, digestion operations, biomass conversion operation, and/or recyclables buy-back centers.
B. The City may direct any person or entity transporting solid waste in the City to deliver solid waste to, and discard it at, one (1) or more sites or facilities owned by the City. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]