A. “Agreement” means a contract entered into between the city and a service provider providing for, among other things, the award of a franchise, payment of franchise fees, and procedures for the service provider’s collection, transportation, processing, and/or disposal of discarded materials and the setting of rates and charges for services.

B. “Alternative daily cover (ADC)” has the same meaning as in Section 20690 of Title 27 of the California Code of Regulations.

“Alternative intermediate cover (AIC)” has the same meaning as in Section 20700 of Title 27 of the California Code of Regulations.

C. “Applicable law” means all laws, statutes, rules, regulations, guidelines, permits, actions, determinations, orders, approvals, or requirements of the United States, state of California, regional or local government authorities, agencies, boards, commissions, courts, or other bodies having applicable jurisdiction, that from time to time apply to or govern the management of discarded materials, or any other materials described in this chapter.

D. “Bin” means a metal container with a hinged lid and wheels, less than ten cubic yards in size, for the deposit of discarded materials, designed to be collected with a front- or rear-loading collection vehicle.

E. “Bulky item” means discarded appliances (including refrigerators), furniture, tires, carpets, mattresses, yard trimmings and/or wood waste, and similar large items which can be handled by two people, weigh no more than two hundred pounds, and require special collection due to their size or nature, but can be collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. Bulky items must be generated by the customer and at the service address wherein the bulky items are collected. “Bulky items” do not include abandoned automobiles, large auto parts, trees, construction and demolition debris, or items herein defined as excluded waste.

F. “CalRecycle” means California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on jurisdictions (and others).

G. “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 CCR).

H. “Cart” means a plastic container with a hinged lid and wheels, and a capacity of twenty, thirty-two, sixty-four, or ninety-six gallons (or similar volumes) that is serviced by an automated or semi-automated collection vehicle.

I. “City” and “municipal code” mean the city of Marina and the Marina Municipal Code as it may be revised and amended from time to time.

J. “City-authorized service provider” means a permittee or franchisee authorized by the city council which has received written approval, through an agreement or otherwise, to collect, transport, process, or dispose of discarded materials within the city.

K. “City enforcement official” is defined in this code at Section 1.12.020 and includes and means the city manager or other executive in charge or their authorized person(s) who is/are partially or whole responsible for enforcing this chapter.

L. “Commercial business” or “commercial” means of, from or pertaining to nonresidential premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon residential property which are permitted under applicable zoning regulations and are not the primary use of the property.

M. “Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in this section or as otherwise defined in 14 CCR Section 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 Section 18982(a)(7).

N. “Compliance review” means a review of records by a city to determine compliance with this chapter.

O. “Community composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

P. “Compactor” means a mechanical apparatus that compresses materials together with the container that holds the compressed materials or the container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two to eight cubic yard bin compactors serviced by front-end loader collection vehicles and ten to fifty cubic yard drop box compactors serviced by roll-off collection vehicles.

Q. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this chapter, that “compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

R. “Compostable plastics ” or “compostable plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

S. “Container contamination” or “contaminated container” means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

T. “Construction and demolition debris” or “C&D debris” means discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded waste.

U. “Container” means a receptacle used to accumulate discarded materials on premises for scheduled or periodic collection. Containers may be carts, bags, bins, drop boxes, compactors, public litter containers, or other city-approved receptacles.

V. “Contractor” means any person or entity holding, or required to hold, a contractor’s license of any type under applicable law, or who performs (whether as applicant, contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to commercial or residential premises.

W. “Council” means the city council of Marina.

X. “Customer” means a person subscribing with a city-authorized service provider for collection services.

Y. “Designated waste” means nonhazardous waste which may pose special disposal problems because of its potential to contaminate the environment, and which may be disposed of only in class II disposal sites or class III disposal sites 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, in California Code of Regulations Title 23, Section 2522 as may be amended from time to time.

Z. “Designee” means an entity that the city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A “designee” may be a government entity, a hauler, a private entity, or a combination of those entities.

AA. “Director of public works” means the director of public works for the city of Marina or any designee of the director of public works as being authorized to address specific issues covered by this chapter.

BB. “Discarded materials” means any one or combination of recyclable materials, organic materials, salvageable materials, C&D debris, and solid waste placed by a generator in a collection container and/or at a location for the purposes of collection excluding excluded waste.

CC. “Drop box” means an open-top container with a capacity of ten to forty cubic yards that is serviced by a roll-off collection vehicle.

DD. “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.

EE. “Electronic waste” means any discarded electronic devices and components as well as substances involved in their manufacture or use as defined under various federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements, as they may be amended from time to time, of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any hazardous waste.

FF. “Enforcement action" means an action of the city to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

GG. “Excluded waste” means hazardous waste, household hazardous waste, medical waste, universal waste, volatile, corrosive, radioactive and toxic substances or materials, waste that would, as a result of or upon 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, waste that would present a significant risk to human health or the environment, or otherwise cause a nuisance; but not including de minimis volumes or concentrations of waste of a type and amount normally found in residential discarded materials after implementation of programs for the safe collection, 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 recyclable materials or organic materials which have been properly source separated and placed by a generator for collection by a city-authorized service provider, pursuant to the city-authorized service provider’s agreement with the city.

HH. “Food distributor” 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).

II. “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.

JJ. “Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

KK. “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 recovery organization” 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).

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

LL. “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).

MM. “Food scraps” and “food soiled paper” mean discarded food and food-soiled materials that will decompose and/or putrefy. “Food scraps” are a subset of organic materials and compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes and milk cartons.

NN. “Food waste” means food scraps and food-soiled paper.

OO. “Food waste self-hauler” means a self-hauler who generates and hauls, utilizing their own employees and equipment, an average of one cubic yard or more per week, or six thousand five hundred pounds or more per quarter of their own food waste to a location or facility that is not owned and operated by that self-hauler. “Food waste self-haulers” are a subset of self-haulers.

PP. “Franchise” means the exclusive or nonexclusive rights granted by the city council to provide collection services to customers in the city.

QQ. “Franchise fee” means the fee paid by a franchisee to city for the privilege to hold a franchise.

RR. “Franchisee” means the holder of a franchise in the city.

SS. “Franchised discarded materials” means those categories of discarded materials required to be collected or otherwise handled by a franchisee, as described in and pursuant to a franchise agreement, unless exempt as described in Section 8.04.130.

TT. “Generator” means any person whose act or process produces discarded materials, or whose act first causes discarded materials to become subject to regulation.

UU. “Grocery store” 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).

VV. “Hauler route” means the designated itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

WW. “Hazardous substance” means any of the following: (1) any substances defined, regulated or listed (directly or by reference) as “hazardous substances,” “hazardous materials,” “hazardous wastes,” “toxic waste,” “pollutant,” or “toxic substances,” or similarly identified as hazardous to human health or the environment, in or pursuant to: (a) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 U.S.C. Section 9601 et seq. (CERCLA); (b) the Hazardous Materials Transportation Act, 49 U.S.C. Section 1802, et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; (d) the Clean Water Act, 33 U.S.C. Section 1251 et seq.; (e) California Health and Safety Code Sections 25115 through 25117, 25249.8, 25281, and 25316; (f) the Clean Air Act, 42 U.S.C. Section 7901 et seq.; and, (g) California Water Code Section 13050; (2) any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and, (3) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyls (PCBs), petroleum, natural gas, and synthetic fuel products, and by-products.

XX. “Hazardous waste” means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state in Health and Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or recodifications of such statutes or identified and listed as solar panels from residential premises, and hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

YY. “Household hazardous waste” or “HHW” means hazardous waste generated at residential premises within the city. “HHW” includes: electronic waste, universal waste, paint, stain, varnish, thinner, adhesives, auto products such as old fuel, used motor oil, used oil filters, cleaners and sprays, pesticides, fertilizers and other garden products, needles, syringes, and lancets.

ZZ. “Infectious waste” means (1) equipment, instruments, utensils and other fomites of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must, therefore, be isolated as required by public health agencies; (2) laboratory wastes, including pathological specimens (i.e., all tissues, specimens of blood elements, excreta and secretions obtained from patients or laboratory animals) and disposable fomites (any substance that may harbor or transmit pathogenic organisms) attendant thereto; and/or (3) surgical operating room pathologic specimens – including recognizable anatomical parts, human tissue, anatomical human remains and disposable materials from hospitals, clinics, outpatient areas and emergency rooms, as defined in 14 CCR Section 17225.36.

AAA. “Inspection” means a site visit where a city reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of recyclable materials, organic waste, solid 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).

BBB. “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 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.

CCC. “Large venue” means a permanent venue facility that annually seats or serves an average of more than two thousand 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 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.

DDD. “Litter” means discarded materials, debris, vehicle parts, and all other materials, things, or objects which if thrown, distributed by the elements, or deposited as hereinafter prohibited tends to create a public nuisance, blight or danger to the public health, safety and welfare.

EEE. “Local education agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

FFF. “Medical waste” means materials which are generated or produced as a result of diagnosis, treatment, or immunization of humans or animals; the production or testing of biologicals and sharps waste; laboratory waste including human or animal specimen cultures from medical and pathology laboratories; cultures and stock of infectious agents from research and industrial laboratories; waste from the production of bacteria, viruses, spores, discarded live and attenuated vaccines used in human health care or research, and discarded animal vaccines; human or animal surgery specimens or tissues; waste containing materials contaminated with excretion exudates or secretions from humans that are required to be isolated by infection control staff, the attending physician, or local health officer to protect others from highly communicable diseases; biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and other similar establishments that are identified in Health and Safety Code Section 25117.5 as may be amended from time to time.

GGG. “Multifamily residential dwelling” or “multifamily” means any residential premises, other than a single-family premises, with five or more dwelling units used for residential purposes (regardless of whether residence therein is temporary or permanent). “Multifamily” is a subset of residential. “Multifamily premises” do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

HHH. “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

III. “Nonlocal entity” means the following entities that are not subject to the city’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

JJJ. “Notice of violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

KKK. “Organic materials” means those materials approved by the city for collection in its organic materials collection program. “Organic materials” include yard trimmings and food scraps and food-soiled papers that are set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of processing. No discarded material shall be considered organic materials, however, unless such material is separated from solid waste and recyclable materials.

LLL. “Organic materials container” shall be used for the purpose of storage and collection of source separated organic materials.

MMM. “Organic waste” means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

NNN. “Owner” means the person(s) holding legal title to real property and/or any improvements thereon and shall include the person(s) listed on the latest equalized assessment roll of the county assessor.

OOO. “Paper products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

PPP. “Person” means every natural person and every company, firm, organization, partnership, copartnership, association, trust, joint venture, public entity or corporation.

QQQ. “Printing and writing papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, notepads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

RRR. “Premises” means any permanent and transient human dwelling, place of residence, place of recreation, rooming house, hotel, motel, apartment, court, trailer camp, boardinghouse, eating place, shop and place of business, or any other housing accommodation, building, grounds, or location, where solid waste or discarded materials are or may be produced, generated or accumulated, including all sidewalk, curb, gutter, and street and alley areas adjacent thereto. All structures on the same legal parcel which are owned by the same person shall be considered as one premises.

SSS. “Prohibited container contaminants” means the following: (1) discarded materials placed in the recyclable materials container that are not identified as acceptable source separated recyclable materials for the city’s recyclable materials container; (2) discarded materials placed in the organic materials container that are not identified as acceptable source separated organic materials for the city’s organic materials container; (3) discarded materials placed in the solid waste container that are acceptable source separated recyclable materials and/or source separated organic materials to be placed in city’s organic materials container and/or recyclable materials container; and (4) excluded waste placed in any container.

TTT. “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).

UUU. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

VVV. “Recyclable materials” means those discarded materials approved by the city for collection in its recyclables collection program set aside, handled, packaged or offered for collection in a manner different from solid waste for the purpose of recycling. No discarded material shall be considered recyclable materials, however, unless such material is separated from solid waste and organic materials.

WWW. “Recyclable materials container” shall be used for the purpose of storage and collection of source separated recyclable materials.

XXX. “Regional agency” means regional agency as defined in Public Resources Code Section 40181.

YYY. “Regional or county agency enforcement official” means a regional or county agency enforcement official, designated by the city with responsibility for enforcing this chapter in conjunction or consultation with city enforcement official.

ZZZ. “Remote monitoring” means the use of the internet of things, physical objects that are embedded with sensors, processing ability, software, and other technologies (IoT), and/or wireless electronic devices to visualize the contents of recyclable materials containers, organic materials containers, and solid waste containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

AAAA. “Renewable gas” means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

BBBB. “Residential” means of, from, or pertaining to any property, premises or place on which is constructed one or more buildings or other structures containing one or more dwelling units. “Residential” includes both multifamily and single-family premises, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments.

CCCC. “Responsible party” means the owner, property manager, tenant, lessee, occupant, or other designee that subscribes to and pays for recyclable materials, organic materials, and/or solid waste collection services for a premises in the city, or, if there is no such subscriber, the owner or property manager of a single-family premises, multifamily premises, or commercial premises. In instances of dispute or uncertainty regarding who is the responsible party for a premises, “responsible party” shall mean the owner of a single-family premises, multifamily premises, or commercial premises.

DDDD. “Restaurant” 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).

EEEE. “Route review” means a visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

FFFF. “Salvageable materials” means discarded materials that may be subsequently reused in their original form for the same or similar purpose.

GGGG. “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.

HHHH. “SB 1383 regulations” or “SB 1383 regulatory” means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

IIII. “Self-haul” means to act as a self-hauler.

JJJJ. “Self-hauler” means a person who hauls solid waste, organic waste or recyclable material they have generated to another person. “Self-hauler” also includes a landscaper, or a person who back-hauls waste. “Back-haul” means generating and transporting recyclable materials or organic waste to a destination owned and operated by the generator or responsible party using the generator’s or responsible party’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

KKKK. “Single-family” means any detached or attached house or residence designed or used for occupancy by one family. “Single-family” may include residential units of a duplex, tri-plex, or four-plex residential structure. “Single-family” is a subset of residential.

LLLL. “Solid waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines “solid waste” as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that “solid waste” does not include any of the following wastes:

MMMM. “Solid waste container” shall be used for the purpose of storage and collection of solid waste.

NNNN. “Source separated” or “source-separated (materials)” means materials, including commingled recyclable materials and organic materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling 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 Section 17402.5(b)(4). For the purposes of this chapter, “source separated” shall include separation of materials by the generator, responsible party, or responsible party’s employee, into different containers for the purpose of collection such that source-separated materials are separated from solid waste for the purposes of collection and processing.

OOOO. “Source separated organic materials” means organic materials that are source separated and placed in an organic materials container.

PPPP. “Source separated recyclable materials” means recyclable materials that are source separated and placed in a recyclable materials container.

QQQQ. “State” means the state of California.

RRRR. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars, 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).

SSSS. “Tier one commercial edible food generator” means a commercial edible food generator that is one of the following:

If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.

TTTT. “Tier two commercial edible food generator” means a commercial edible food generator that is one of the following:

If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.

UUUU. “Trash hauler” or “yard cleaner” means any person who cleans up, collects, transports and disposes of discarded materials or yard trimmings, but not solid waste, all as herein defined, within the city.

VVVV. “Universal waste” means all wastes as defined by Title 22, Sections 66273.1 through 66273.9 of the California Code of Regulations. These include, but are not limited to, batteries, fluorescent light bulbs, mercury switches, and electronic waste.

WWWW. “Wholesale food vendor” 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 189852(a)(76).

XXXX. “Yard trimmings” or “yard waste” mean those discarded plant or otherwise nonanimal organic waste materials resulting from normal yard and landscaping installation, maintenance, or removal that will decompose and/or putrefy. “Yard trimmings” is a subset of organic materials. (Ord. 2021-06 § 2 (Exh. A), 2021)