1.“Alternative daily cover (ADC)”, has the same meaning as in Section 20690 of Title 27 of the California Code of Regulations (“CCR”), as may be amended.

2.“Alternative intermediate cover (AIC)” shall have the same meaning as in Section 20700 of Title 27 of the California Code of Regulations, as may be amended.

3.“CalRecycle” means California’s Department of Resources Recycling and Recovery.

4.“City Enforcement Official” means the Community Development Director, or designee, who is responsible for enforcing this Article.

5.“Commercial business” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, or industrial facility.

6.“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), as may be amended. 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).

7.“Compliance review” means a review of records by the City to determine compliance with this Article.

8.“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 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), as may be amended.

9.“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended, which stated, as of the adoption of this Article, 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.

10.“Compostable” means that all the materials in the product or package will break down, or otherwise become part of usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner. Compostable material must meet ASTM standards for compostability and any compostable product containing a bioplastic or plastic-like material must be clearly labeled as compostable in accordance with California Public Resources Code Section 42357 et seq. and all State and Federal labeling laws pertaining to the identification of compostable products.

11.“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).

12.“C&D” means construction and demolition materials, including waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings, and other structures.

13.“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.

14.“Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this Article 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.

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

16.“Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18), as may be amended. For the purposes of this Article, “edible food” is not solid waste if it is recovered and not discarded. Nothing in this Article requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

17.“Enforcement action” means an action of the City to address noncompliance with this Article including, but not limited to, issuing administrative citations, fines, penalties, or using other available remedies.

18.“Excluded waste” 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 the 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, 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 City or its designee for collection services.

19.“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), as may be amended.

20.“Food facility” has the same meaning as in Section 113789 of the Health and Safety Code, as may be amended.

21.“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), as may be amended.

22.“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 Article 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 Article.

23.“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 Article.

24.“Food scraps” 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, and liquid wastes including but not limited to soups or sauces.

25.“Food service provider” 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).

26.“Food-soiled paper” 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.

27.“Food waste” means food scraps, food-soiled paper, and compostable plastics.

28.“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 6,500 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.

29.“Franchisee” means the person, firm, corporation, or other entity, or their authorized agents and employees, that is a party to a franchise agreement with the City of Monterey for the collection of solid waste and recyclable materials.

30.“Generator” means a person or entity that is responsible for the initial creation of one or more types of discarded materials.

31.“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), as may be amended.

32.“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), as may be amended.

33.“Hazardous substance” means any of the following: (a) 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: (i) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 U.S.C. § 9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 U.S.C. § 1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; (iv) the Clean Water Act, 33 U.S.C. § 1251 et seq.; (v) California Health and Safety Code §§25115 through 25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 U.S.C. § 7901 et seq.; and (vii) California Water Code § 13050; (b) any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and (c) 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.

34.“Hazardous waste” means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State in Health and Safety Code §§ 25110.02, 25115, and 25117, or in the future amendments to or recodifications of such statutes, 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. § 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

35.“Infectious waste” means (a) 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; (b) 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 (c) 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.

36.“Inspection” means a site visit where the 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 Article, or as otherwise defined in 14 CCR Section 18982(a)(35), as may be amended.

37.“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 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.

38.“Large venue” 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 Article 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 Article 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 Article.

39.“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).

40.“Multifamily residential dwelling” or “multifamily” means of, from, or pertaining to residential premises with five (5) or more dwelling units. “Multifamily premises” do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

41.“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):

42.“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.

43.“Occupant” means any person occupying residential or commercial premises located within the territorial limits of the City of Monterey, or within the limits of an area where the City and/or its franchisee has agreed to provide solid waste disposal services, whether or not the person owns the premises that they occupy.

44.“Organic materials” means yard trimmings, 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.

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

46.“Organic waste” means solid wastes containing material originating 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).

47.“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.

48.“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).

49.“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, 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).

50.“Premises” means and includes any land, building and/or structure, or portion thereof, in the City where discarded materials are produced, generated, or accumulated. All structures on the same legal parcel which are owned by the same person shall be considered as one premises.

51.“Prohibited container contaminants” means the following: (i) 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; (ii) 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; (iii) 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 (iv) excluded waste placed in any container.

52.“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).

53.“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).

54.“Recyclable materials” means discarded materials set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of recycling. No discarded materials shall be considered recyclable materials unless such material is separated from organic materials and solid waste. “Recyclable materials” shall include, but not be limited to, newspaper (including inserts, coupons, and store advertisements), mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, colored paper legal pad backings, shoe boxes, cereal, and other similar food boxes), chipboard, corrugated cardboard, glass containers of any color (including brown, clear, and green), aluminum (including beverage containers and small pieces of scrap metal), steel, tin, or bi-metal cans, rigid plastics with a neck, and those materials added by the City or its franchisee from time to time.

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

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

57.“Regional or county agency enforcement official” means a regional or county agency enforcement official, designated by the City with responsibility for enforcing this Article in conjunction or consultation with City Enforcement Official.

58.“Remote monitoring” means the use of the internet of things (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.

59.“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).

60.“Residential” shall mean of, from, or pertaining to a single-family premises or multifamily premises, including apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments.

61.“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.

62.“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).

63.“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).

64.“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.

65.“SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this Article, 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.

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

67.“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).

68.“Single-family” means of, from, or pertaining to any residential premises with fewer than five (5) units.

69.“Solid waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines “solid waste” as all putrescible and non-putrescible 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:

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

71.“Source separated” 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 Article, “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.

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

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

74.“Special event” means any special event, regardless of size, specifically including but not limited to large events, sponsored by any commercial or nonprofit organization, group, or individual, which is held within the City of Monterey, and at which food and/or drinks are being provided for public consumption. This definition shall apply whether such food and/or drinks are prepared within or outside of the Monterey City limits.

75.“State” means the State of California.

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

77.“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 Article.

78.“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 Article.

79.“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).

80.“Yard waste” or “yard trimmings” means types of organic waste resulting from normal yard and landscaping installation, maintenance, or removal. (Ord. 3642 § 2, 2021)