For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
has the same meaning as in 14 CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of source
separated recyclable materials or source separated blue container
organic waste.
has the same meaning as in 14 CCR Section 18982(a)(5.5) and
shall be used for the purpose of storage and collection of source
separated food scraps.
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
cities (and others).
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).
means the City of Desert Hot Springs.
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, strip
mall, industrial facility, or a multifamily residential dwelling,
or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily
residential dwelling that consists of fewer than five units is not
a commercial business for purposes of implementing this chapter.
includes a tier one or a tier two commercial edible food
generator as defined in this chapter or as otherwise defined in 14
CCR Sections 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).
means any activity permitted by City 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 100 cubic yards
and 750 square feet, as specified in 14 CCR Section 17855(a)(4), or
as otherwise defined by 14 CCR Section 18982(a)(8).
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.
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).
means a cart, can, commercial bin, debris box, or stationary
compactor intended for the purpose of depositing waste for disposal,
except construction and demolition debris and bulky items, or recyclable
materials for diversion. Containers may be provided by the City or
its authorized agent, or for manual collection as may be required
to be provided by the property owner or occupant generating solid
waste, organic waste or non-organic recyclables.
means a container, regardless of color, that contains prohibited
container contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
means construction and demolition debris.
as defined in 14 CCR Section 18982(14.5), means a solid waste
facility that accepts a source separated organic waste collection
stream as defined in 14 CCR Section 17402(a)(26.6) and complies with
one of the following:
The facility is a “transfer/processor,” as defined
in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting
requirements of 14 CCR Section 18815.5(d), and meets or exceeds an
annual average source separated organic content recovery rate of 50
percent between January 1, 2022 and December 31, 2024 and 75 percent
on and after January 1, 2025 as calculated pursuant to 14 CCR Section
18815.5(f) for organic waste received from the source separated organic
waste collection stream.
If a transfer/processor has an annual average source separated
organic content recovery rate lower than the rate required in paragraph
1 of this definition for two consecutive reporting periods, or three
reporting periods within three years, the facility shall not qualify
as a “designated source separated organic waste facility.”
The facility is a “composting operation” or “composting
facility” as defined in 14 CCR Section 18815.2(a)(13), that
pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates
that the percent of the material removed for landfill disposal that
is organic waste is less than the percent specified in 14 CCR Section
17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and,
if applicable, complies with the digestate handling requirements specified
in 14 CCR Section 17896.5.
If the percent of the material removed for landfill disposal
that is organic waste is more than the percent specified in 14 CCR
Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two consecutive reporting
periods, or three reporting periods within three years, the facility
shall not qualify as a “designated source separated organic
waste facility.” For the purposes of this chapter, the reporting
periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).
means an entity that a jurisdiction contracts with or otherwise
arranges to carry out any of the jurisdiction’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.
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.
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.
means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious,
regulated radioactive waste, and toxic substances or material that
facility operator(s), which receive materials from the City and its
generators, 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, universal wastes, and/or latex paint when such materials
are defined as allowable materials for collection through the City’s
collection programs and the generator or customer has properly placed
the materials for collection pursuant to instructions provided by
jurisdiction or its designee for collection services.
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).
has the same meaning as in Section 113789 of the Health and
Safety Code.
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).
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 bank as defined in Section 113783 of the Health and Safety
Code;
A nonprofit charitable organization as defined in Section 113841
of the Health and Safety Code; and
A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code.
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).
means all food such as, but not limited to, fruits, vegetables,
meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread,
cheese, and eggshells. Food scraps excludes fats, oils, and grease
when such materials are source separated from other food scraps.
means an entity primarily engaged in providing food services
to institutional, governmental, commercial, or industrial locations
of others based on contractual arrangements with these types of organizations,
or as otherwise defined in 14 CCR Section 18982(a)(27).
is 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.
means food scraps, food-soiled paper, and compostable plastics.
has the same meaning as in 14 CCR Section 18982.2(a)(28)
and shall be used for the purpose of storage and collection of gray
container waste.
has the same meaning as in 14 CCR Section 18982.2(a)(29)
and shall be used for the purpose of storage and collection of source
separated green container organic waste and de minimis amounts of
food scraps contained in bags.
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).
means the designated itinerary or sequence of stops for each
segment of the jurisdiction’s collection service area, or as
otherwise defined in 14 CCR Section 18982(a)(31.5).
means a facility that is in compliance with the reporting
requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
annual average mixed waste organic content recovery rate of 50 percent
between January 1, 2022 and December 31, 2024, and 75 percent after
January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e)
for organic waste received from the “mixed waste organic collection
stream” as defined in 14 CCR Section 17402(a)(11.5), or as otherwise
defined in 14 CCR Section 18982(a)(33).
means a site visit where the City reviews records, containers,
and an entity’s collection, handling, recycling, or landfill
disposal of organic 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).
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 2,000 individuals
per day of operation of the event, at a location that includes, but
is not limited to, a public, nonprofit, or privately owned park, parking
lot, golf course, street system, or other open space when being used
for an event. If the definition in 14 CCR Section 18982(a)(38) differs
from this definition, the definition in 14 CCR Section 18982(a)(38)
shall apply to this chapter.
means a permanent venue facility that annually seats or serves
an average of more than 2,000 individuals within the grounds of the
facility per day of operation of the venue facility. For purposes
of this chapter and implementation of 14 CCR, Division 7, Chapter
12, a venue facility includes, but is not limited to, a public, nonprofit,
or privately owned or operated stadium, amphitheater, arena, hall,
amusement park, conference or civic center, zoo, aquarium, airport,
racetrack, horse track, performing arts center, fairground, museum,
theater, or other public attraction facility. For purposes of this
chapter and implementation of 14 CCR, Division 7, Chapter 12, a site
under common ownership or control that includes more than one 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.
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).
means of, from, or pertaining to residential premises with
five or more dwelling units. Multifamily premises do not include hotels,
motels, or other transient occupancy facilities, which are considered
commercial businesses.
refers to the Model Water Efficient Landscape Ordinance (MWELO),
23 CCR, Division 2, Chapter 2.7.
includes, but is not limited to, paper that is coated in
a plastic material that will not breakdown in the composting process,
or as otherwise defined in 14 CCR Section 18982(a)(41).
means the following entities that are not subject to the
jurisdiction’s enforcement authority, or as otherwise defined
in 14 CCR Section 18982(a)(42):
Special district(s) located within the boundaries of the jurisdiction.
Federal facilities, including military installations, located
within the boundaries of the jurisdiction.
Prison(s) located within the boundaries of the jurisdiction.
Private prisons are considered commercial businesses and should not
be listed here.
Facilities operated by the State park system located within
the boundaries of the jurisdiction.
Public universities (including community colleges) located within
the boundaries of the jurisdiction.
County fairgrounds located within the boundaries of the jurisdiction.
State agencies located within the boundaries of the jurisdiction.
Tribal land is excluded; but land owned by Tribal nation persons
or corporations is not excluded.
means non-putrescible and non-hazardous recyclable wastes,
including, but not limited to, bottles, cans, metals, plastics and
glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
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).
means a person or entity that is responsible for the initial
creation of organic waste, or as otherwise defined in 14 CCR Section
18982(a)(48).
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).
include, but are 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 Section 18982(a)(54).
means the following: (1) discarded materials placed in the
blue container that are not identified as acceptable source separated
recyclable materials for the jurisdiction’s blue container;
(2) discarded materials placed in the green container that are not
identified as acceptable source separated green container organic
waste for the jurisdiction’s green container; (3) discarded
materials placed in the gray container that are acceptable source
separated recyclable materials and/or source separated green container
organic wastes to be placed in City’s green container and/or
blue container; and (4) excluded waste placed in any container.
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).
means paper products and printing and writing paper that
consists of at least 30 percent, by fiber weight, postconsumer fiber,
or as otherwise defined in 14 CCR Section 18982(a)(61).
means an establishment primarily engaged in the retail sale
of food and drinks for onpremises or immediate consumption, or as
otherwise defined in 14 CCR Section 18982(a)(64).
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).
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.
means a person, who hauls solid waste, organic waste or recyclable
material he or she has 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 waste to a destination owned and operated by the generator
using the generator’s own employees and equipment, or as otherwise
defined in 14 CCR Section 18982(a)(66)(A).
means of, from, or pertaining to any residential premises
with fewer than five units.
has the same meaning as defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and
nonputrescible solid, semi-solid, 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
semi-solid wastes, with the exception that solid waste does not include
any of the following wastes:
Hazardous waste, as defined in the State Public Resources Code
Section 40141.
Radioactive waste regulated pursuant to the State Radiation
Control Law (Chapter 8 (commencing with Section 114960) of Part 9
of Division 104 of the State Health and Safety Code).
Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division
104 of the State Health and Safety Code). Untreated medical waste
shall not be disposed of in a solid waste landfill, as defined in
State 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 State Public Resources Code.
means materials, including commingled recyclable 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 the chapter, source
separated shall include separation of materials by the generator,
property owner, property owner’s employee, property manager,
or property manager’s employee into different containers for
the purpose of collection such that source separated materials are
separated from gray container waste or other solid waste for the purposes
of collection and processing.
means source separated organic wastes that can be placed
in a blue container that is limited to the collection of those organic
wastes and non-organic recyclables as defined in Section 18982(a)(43),
or as otherwise defined by Section 17402(a)(18.7).
means source separated food scraps placed in a brown container
for the purposes of collection and processing.
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 source separated blue
container organic waste, carpets, non-compostable paper, and textiles.
Source separated green container organic waste may include food scraps
provided that the food scraps are bagged separate from other non-food
organic waste.
means source separated non-organic recyclables and source
separated blue container organic waste.
means the State of California.
means a full-line, self-service retail store with gross annual
sales of $2,000,000, 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).
means a commercial edible food generator that is one of the
following:
means a commercial edible food generator that is one of the
following:
Restaurant with 250 or more seats, or a total facility size
equal to or greater than 5,000 square feet.
Hotel with an on-site food facility and 200 or more rooms.
Health facility with an on-site food facility and 100 or more
beds.
Large venue.
Large event.
A State agency with a cafeteria with 250 or more seats or total
cafeteria facility size equal to or greater than 5,000 square feet.
means a collection service that collects green waste and
yard waste that is bagged for collection on the street in front of
a generator’s house or place of business for collection and
transport to a facility that recovers source separated organic waste,
or as otherwise defined in 14 CCR Section 189852(a)(75).
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).
(Prior code § 50.01; Ord. 546 5-6-14; Ord. 758 6-8-22)