18.01.010 Definitions generally.
For purposes of this title the following definitions apply:
“Act” means the California Integrated Waste Management Act of 1989 (commencing with Section 40000 of the Public Resources Code), as amended, including but not limited to the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 (Wiggins, SB 1016)), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.
“Authorized collector” means such persons, firms, or corporations collecting and delivering for disposal, recycling, or processing solid waste (other than solid waste generated by a permitted building project) originating in the town of Atherton (“town”) and doing so under a contract or franchise agreement with the town.
“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 CCR).
“City manager” means the city manager of the town of Atherton, or their designee, which may include town employees.
“Collection” means to take physical possession of solid waste at, and remove from, the place of generation for transport to a solid waste facility or other recovery activity.
“Commercial business” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, institution, or association, whether for-profit or nonprofit, strip mall, industrial facility, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily dwelling or dormitory that consists of five or more dwelling units is “commercial,” for the purposes of this chapter.
“Commercial edible food generator” means a tier one or a tier two commercial edible food generator as defined in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). Food recovery organizations and food recovery services are not commercial edible food generators. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with edible food recovery requirements contained in the requirements for tier one and tier two commercial edible food generators section of this title, including the self-hauling provisions.
“Construction and demolition debris” or “C&D” means used or discarded materials resulting from construction, renovation, remodeling, repair, demolition, excavation, or construction clean-up operations on any pavement or structure.
“Container” or “collection container” means, for the purpose of this title, any bin, box, or cart used for the purpose of holding solid waste for collection.
“County” is the county of San Mateo.
“Debris” shall mean and include any and all material resulting from construction, demolition or temporary clean-up operations collected and transported on an occasional basis.
“Designee” means an entity that the town contracts with or otherwise arranges to carry out any responsibilities of this title, as authorized by 14 CCR Section 18981.2. A designee may be a government entity, an authorized collector, a private entity, or a combination of those entities. A “designee” may include an enforcement agency including a designee for edible food recovery.
“Designee for edible food recovery” means the county of San Mateo’s office of sustainability with which the town of Atherton (town) has a memorandum of understanding for the purposes of edible food recovery including, but not limited to, inspection, investigation, and enforcement of the edible food recovery provisions of this title. Contact information for the designee for edible food recovery can be found on the county of San Mateo office of sustainability website.
“Disposal” means the final disposition of solid waste at a solid waste facility permitted for disposal.
“Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this title 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 title 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.
“Edible food recovery” means actions to collect, receive, and/or redistribute edible food for human consumption from tier one and tier two commercial edible food generators that otherwise would be disposed.
“Enforcement action” means an action of the town or enforcement agency to address noncompliance with this title including, but not limited to, issuing administrative notices, citations, fines, penalties, or using other remedies.
“Enforcement agency” means an entity with the authority to enforce part or all of this title as specified herein. Employees and agents of an enforcement agency may carry out inspections and enforcement activities pursuant to this title. Nothing in this title authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity and the town. The town of Atherton and the designee for edible food recovery are enforcement agencies for all sections of this title. The town may choose to additionally delegate enforcement responsibility for certain sections, to other public entities or joint powers authority.
“Enforcement officer” means a person or entity the city manager designates to enforce part or all of this title, or a designee by another enforcement agency authorized by the city manager to enforce part or all of this title. The issuance of civil penalties or other penalties or fines will remain the authority of public enforcement entities and will not be delegated to a private entity.
“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 facility” has the same meaning as in Section 113789 of the Health and Safety Code.
“Food recovery organization” means an entity that engages in the collection or receipt of edible food from tier one or tier two commercial edible food generators and distributes that edible food either directly or through other entities, 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; and, (3) 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, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food recovery service” means a person or entity that collects and transports edible food from a tier one or tier two commercial edible food generator to a food recovery organization or other entities for edible food recovery. A food recovery service is not a commercial edible food generator for the purposes of this title and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Garbage” means all nonrecyclable packaging and other waste attributed to normal activities of a service unit. Garbage must be generated by and at the service unit wherein the garbage is collected. “Garbage” does not include source separated recyclable materials and organic materials subject for collection in a separately designated container as promulgated by the town, debris from construction and demolition, large items, e-waste, universal waste, hazardous waste, household hazardous waste, or exempt waste.
“Generators” for the purpose of this title means a person or entity, including commercial generators and residential generators, that is responsible for the initial creation of organic materials, or as otherwise defined as “organic waste generator” in 14 CCR Section 18982(a)(48).
“Greenhouse gas emission reduction” or “greenhouse gas reduction” means actions designed to achieve a calculated decrease in greenhouse gas emissions over time.
“Greenhouse gas (GHG)” means carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and other fluorinated greenhouse gases as defined in this section.
“Hazardous waste” shall mean all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state of California in Health and Safety Code Sections 25117, 25110.02, and 25115, or in the future amendments to or recodifications of such statutes, or identified and listed as hazardous waste by the U.S. Environmental Protection Agency, 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.
“Health officer” means the health officer of the county, acting as health officer for the town.
“Inspection” means a site visit where the town or its designee reviews records, containers, and an entity’s collection, handling, recycling, or disposal of solid waste or edible food handling to determine if the entity is complying with requirements set forth in this title, or as otherwise defined in 14 CCR Section 18982(a)(35). For the purposes of edible food recovery, “inspection” means actions to review contracts and other records related to the recovery of edible food and may occur off-site via email and other forms of electronic communication, as well as the on-site review of an entity’s records and collection, handling, and other procedures for the recovery of edible food to determine if the entity is complying with the requirements of this title.
“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.
“Organic material” or “organic waste” means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food waste, 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). Organic materials subject to collection in designated curbside containers shall be promulgated by the town and/or authorized collector.
“Organic material processing facility” means any facility selected by the authorized collector that is approved by the town, or specifically designated by the town, operated and legally permitted for the purpose of receiving and processing organic materials.
“Person” means any person or persons, firm, institution, association, corporation, or other entity acting as principal, agent or officer, servant, or employee, for themselves or for any other person, firm, or corporation.
“Premises” includes a tract or parcel of land with or without habitable buildings or appurtenant structures (14 CCR Section 17225.50). For purposes of this title the word “premises” includes residential and commercial uses of the land, whether owned, leased, rented, or subleased, including every dwelling house, dwelling unit, store, restaurant, rooming house, hotel, motel, office building, department store, manufacturing, processing or assembling shop or plant, warehouse, institution and every other place or premises where any person resides, or any business is carried on or conducted within the town.
“Prohibited container contaminants” means (1) discarded materials placed in the designated recyclables container that are not identified as acceptable source separated recyclables for the town’s designated recyclables collection container; (2) discarded materials placed in the designated organic materials collection container that are not identified as acceptable organic materials for the town’s designated organic materials collection container; and (3) as directed by the town, discarded materials placed in the garbage container that are acceptable source separated recyclables and/or organic materials to be placed in the town’s designated organic materials collection container and/or designated recyclables collection container, and (4) exempt waste placed in any container.
“Recyclable (source separated) materials” means any material designated to be separated from the waste stream for purposes of recycling. This designation shall be made by the town and the authorized collector based on good public practice, ability to receive an acceptable economic return, and feasibility of separating the material from the waste stream at the point of collection. “Recyclable materials” currently include paper, glass, cardboard, plastics, ferrous metal, and aluminum. Recyclable materials subject to collection in curbside recycling containers shall be promulgated by the town and/or authorized collector.
“Residential” means, for the purposes of this title, any premises consisting of one or more dwelling units, and on-site domestic uses accessory to these dwelling units.
“Self-haul” or “self-hauler” means a person who hauls solid waste, organic waste, or recovered material they have generated to another person. “Self-hauler” also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). “Back-haul” means generating and transporting organic materials 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). For the purposes of edible food recovery, “self-hauler” means a commercial edible food generator which holds a contract with and hauls edible food to a food recovery organization or other site for redistribution according to the requirements of this title.
“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes, including garbage, recyclable materials, organic materials, demolition and construction wastes, bulky waste, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes. (PRC Section 49503) Solid waste does not include any of the following wastes: (1) hazardous waste, as defined in the Public Resources Code Section 40141, (2) radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code) and (3) medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the Public Resources Code. Recyclable materials and organic materials are a part of solid waste.
“Solid waste facility” or “facility” means a solid waste transfer or processing station including material recovery facilities, a recycling facility, a composting facility, a gasification facility, a transformation facility, an engineered municipal solid waste conversion facility, and a disposal facility. “Solid waste facility” additionally includes a solid waste operation that may be carried out pursuant to an enforcement agency notification, as provided in regulations adopted by CalRecycle, or otherwise set forth in the Act.
“Source reduction” means any action which causes a net reduction in the generation of solid waste. “Source reduction” includes, but is not limited to, reducing the use of nonrecyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing garbage rate structures with incentives to reduce the amount of wastes generators produce, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials. “Source reduction” does not include steps taken after the material becomes solid waste or actions which would impact air or water resources in lieu of land, including, but not limited to, transformation.
“Source separate” means the process of removing recyclable materials and organic materials from solid waste at the place of generation, prior to collection, and placing such materials into separate containers designated for recyclable materials and organic materials, or as otherwise defined in 14 CCR Section 17402.5(b)(4).
“Tier one commercial edible food generator” means a commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and as amended, including the following:
1. “Supermarket,” which 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).
2. Grocery store with a total facility size equal to or greater than ten thousand square feet. “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.
3. “Food service provider,” which means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.
4. “Food distributor,” which means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.
5. “Wholesale food vendor,” which means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76).
“Tier two commercial edible food generator” means a commercial edible food generator as defined in 14 CCR Section 18982(a)(74) and as amended, including the following:
1. Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet. “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).
2. Hotel with an on-site food facility and two hundred or more rooms.
3. Health facility with an on-site food facility and one hundred or more beds.
4. “Large venue,” which 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 title 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 title 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 title. Large venue operators not providing food services, but allowing for food to be provided by other entities, shall require food facilities operating at the large venue to comply with the requirements for tier two commercial edible food generators.
5. “Large event,” which 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 title. Large event operators not providing food services, but allowing for food to be provided by other entities, shall require food facilities operating at the large event to comply with the requirements for tier two commercial edible food generators.
6. A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.
7. A local education agency facility with an on-site food facility. “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).
“Town” is the town of Atherton, San Mateo County, California, and includes the city manager and designees. (Ord. 649 § 3, 2021)