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As used in this chapter, the following definitions shall apply. For purposes of this chapter, these definitions shall supersede any other definitions of the same terms in this code.
"AB 939" means the State Recycling Law, the California Integrated Waste Management Act of 1989 (California Public Resource Code Section 40000 and following).
"AB 1826" means the state law regarding organic waste recycling (commencing with Section 42649.8).
"Agency" means the City of Commerce.
"Agency director" means the city administrator, including his or her designee.
"Authorized recycler" means any person or business entity which lawfully collects, accepts, transports or otherwise processes recyclable materials from generators for a fee or profit through a proper permit, business license, agreement or other regulatory structure or authorization issued by the agency.
"Business" means any commercial entity, including, but not limited to: proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust, corporation which is organized for financial gain or for profit; non-profit or entity, or industrial or manufacturing restaurant, retail facility, office, markets, office buildings, hotels, motels, shopping centers, and theatres.
"Collect or collection" means to take physical possession of and remove solid waste or recyclable materials at the place of generation.
"Commercial facility(ies)" means any facility(ies) that is not a residential facility, including, but not limited to, a commercial facility, restaurant, retail facility, office, manufacturing or industrial facility, markets, office buildings, hotels, motels, shopping centers, theatres, and multi-family dwelling units.
"Compost" is defined in state law (Public Resources Code Section 40116) as the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal waste stream or which are separated at a centralized facility. Compost may also include the product of anaerobic digestion or other conversion technologies.
"Compostable material or compostables" means green waste and other material that can be broken down into or otherwise become part of, usable compost in a safe and timely manner, such as for use as soil conditioning material. Compostable material includes also waste such as food scraps, soiled paper, and plant trimmings, vegetable, yard and wood wastes which are not hazardous waste, disposable plastic food service ware and bags if labeled "compostable" in accordance with the department of environment regulations for easy identification, meeting the American Society for Testing and Materials (ASTM) Standard Specification (D6400) for compostable plastics, and consistent with state labeling law (California Public Resources Code Section 42359) that any plastic bag or food container labeled "compostable" must meet the ASTM Standard Specification for compostable plastics.
"Customer" means a generator that contracts for or receives solid waste/recycling removal services from a franchise refuse hauler or authorized recycler.
"Disposal" means the final disposition of solid waste at a permitted landfill or other permitted solid waste facility, as defined in the California Public Resources Code Section 40192.
"Diversion or divert" means the reduction or elimination of solid waste disposal in accordance with California Resources Code Section 41024.
"Food vendor" means any and all sales outlets, stores, shops, vehicles or other places of business located or operating within the City of Commerce that operate primarily to sell or convey foods or beverages to consumers.
"Franchise" means a commercial solid waste collection franchise contracted for or issued by the city.
"Franchise hauler" means a hauler holding a franchise, contract, license or permit issued by the city.
"Generator" means an owner or responsible party for a commercial facility(ies) or business, including non-residential property which generates recyclable or compostable materials as a result of its business, commercial facility(ies) or property activity. Generator may also include tenants, property managers for facilities with leased space, employees and contractors of generator.
"Hauler" means any person or commercial entity which lawfully collects, hauls or transports solid waste for a fee.
"Landfill" means a permitted disposal site which accepts solid waste.
"Multi-family dwelling units" means a residential structure having multiple residences.
"Organic waste" means food waste, green waste, landscaped and pruning waste, non-hazardous wood waste, and food-soiled paper waste that is mixed with food waste.
"Organic waste generator" means: (1)
A business that generates eight cubic yards or more of organic waste per week starting April 1, 2016;
(2)
A business that generates four cubic yards or more of organic waste per week starting January 1, 2017;
(3)
A business that generates four cubic yards or more of commercial solid waste per week starting January 1, 2019;
(4)
A business that generates two cubic yards or more of commercial solid waste per week starting January 1, 2020 if the statewide disposal of organic waste has not been reduced to fifty percent of the level of disposal during 2014.
"Recycle" or "recycling" means the process of collecting, sorting, cleaning, treating, and reconstituting materials that would otherwise become solid waste and returning them for use or reuse in the form of raw materials for new, used, or reconstituted products which meet the quality standard necessary to be used in the market place as defined in the California Public Resources Code Section 40201.
"Recyclable materials" means materials that have been separated from the solid waste stream prior to disposal and returning them for use of reuse in the form of raw materials for new, used, or reconstituted products which meet the quality standard necessary to be used in the market place and that are not landfilled. Recyclable materials include any materials identified by the agency director for which a market exists, including, but not limited to, plastic bottles and jars, paper, cardboard, glass, newspaper, metal containers, cans, as well as compostable materials such as green waste or food waste.
"Responsible party" means the individual or entity responsible for the generator's management of solid waste and/or recycling at the generator's commercial facility, business or non-residential property.
"Rubbish" means non-putrescible solid waste such as ashes, paper, cardboard, tin cans, yard waste, wood, glass, bedding, crockery, plastic, rubber by-products and litter.
"Scavenging or scavenger" means the uncontrolled and unauthorized removal of recyclables materials at any point in the solid waste management system.
"Self-haul" or "self-hauling" means a generator or responsible party who transports his or her own recyclable or compostable materials to a recycling facility by using a vehicle owned by that generator or generator's employees or the responsible party rather than using the hauling services of a franchise hauler or authorized recycler.
"Solid waste" means all putrescible and non-putrescible solid, semi-solid, and liquid waste, including refuse, paper, ashes, industrial waste, demolition and construction wastes, 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 semi-solid wastes. Solid waste does not include hazardous waste or low-level radioactive waste defined in the California Health and Safety Code Sections 25117 and 25141.
"Source separated" or "source separation" means the process of removing recycling materials from solid waste at the place of discard generation of discard generation, prior to collection, into separate containers that are separately designated for recyclables, compostable or refuse for the purpose of recycling.
"Trash" means material that is designated for landfill disposal by the collector and does not include either recyclable or compostable materials. The term refuse does not include hazardous waste, as defined in the California Health and Safety Code Sections 25117 and 25141.
(Ord. No. 677, § 1, 4-19-2016)