“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 providing collection services under a contract or franchise agreement with the City.

“Bulky waste” means large items of solid waste such as appliances (white goods), e-waste (except for universal waste), furniture, tires, carpets, mattresses and similar large items, large auto parts, trees, branches, stumps, and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing, or disposal methods. It does not include abandoned vehicles or household hazardous waste.

“CCR” means the 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).

“City Manager” means the City Manager of the City of Larkspur, or their designee, which may include City employees.

“Collection services” or “solid waste collection services” means the collection, transportation, storage, transfer, processing and/or disposal of solid waste originating in the City by an authorized collector.

“Commercial business” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily dwelling that consists of five (5) or more dwelling units is commercial for the purposes of compliance with the requirements of this chapter.

“Commercial edible food generator” means a tier one or a tier two commercial edible food generator as defined in 14 CCR Sections 18982(a)(73) and (a)(74). Food recovery organizations and food recovery services are not commercial edible food generators.

“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 (1) time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined by 14 CCR Section 18982(a)(8).

“Compost” means a mixture that consists largely of decayed organic matter and is used for fertilizing and conditioning land.

“Composting” means the process of controlled biological decomposition of organic waste.

“Construction and demolition debris” or “C&D” means used or discarded materials resulting from construction, renovation, remodeling, repair, demolition, excavation or construction cleanup operations on any pavement or structure.

“Container” or “collection container” means, for the purpose of this chapter, any bin, box or cart used for the purpose of holding source separated solid waste for collection.

“Debris box” means any ten (10) to forty (40) cubic yard container, or any compactor provided by a solid waste generator, placed in the public right-of-way, on City property, private property, or elsewhere in the service area, which is procured by a solid waste generator for their use in the collection of their solid waste. Debris boxes are serviced by means of lifting the entire container, including all contents, onto a designated collection vehicle.

“Designated collection location” means the place where an authorized collector has contracted with either the local governing body or a private entity to pick up solid waste. This location will customarily be the curbside of a residential neighborhood or the service alley of a commercial enterprise.

“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, authorized collector, private entity, or a combination of those entities.

“Disposal” means the final disposition of solid waste at a solid waste facility permitted for disposal.

“Diversion” means activities reducing or eliminating the amount of solid waste from solid waste disposal, and which return these materials to use in the form of raw materials for new, reused, or reconstituted products, which meet the quality standards necessary for commercial use, or for other purposes of reuse.

“Dwelling unit” means one (1) or more rooms with internal access between all rooms, which provide complete independent living facilities for at least one (1) family, including provisions for living, sleeping, eating, cooking, bathing, and sanitary facilities. Cooking facilities for purposes of this chapter shall be defined as any combination of the following: sink, refrigerator, cupboard and/or storage, stove, oven (including microwave and convection).

“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 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

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

“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 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:

“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.

“Food waste” means food scraps and trimmings and other putrescible waste that result from food production, preparation, cooking, storage, consumption or handling. Food waste includes but is not limited to meat, fish and dairy waste, fruit and vegetable waste and grain waste. Food waste does not include exempt waste.

“Garbage” means all nonrecyclable packaging and putrescible waste generated on any premises within the City. Garbage does not include recyclable materials, organic materials, debris from construction and demolition, large items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste.

“Generator” means a person or entity that is responsible for the initial creation of solid waste, including commercial and residential.

“Hauler” means a person who collects material from a generator and delivers it to a reporting entity, end user, or a destination outside of the state. “Hauler” includes public contract haulers, authorized collectors, food waste self-haulers, and self-haulers. A person who transports material from reporting entity to another person is a transporter, not a hauler.

“Inspection” means a site visit where the City, its designee or the authorized collector, 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 chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

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

“Person” means any person or persons, firm, 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. For purposes of this chapter the word “premises” includes residential and commercial uses of the land, whether owned, leased, rented or subrented, including every dwelling house, dwelling unit, apartment house or multiple-dwelling building, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, office building, department store, manufacturing, processing or assembling shop or plant, warehouse and every other place or premises where any person resides, or any business is carried on or conducted within the City.

“Prohibited container contaminants” means (1) discarded materials placed in the designated recyclables container that are not identified as acceptable source separated recyclables for the designated recyclables collection container; (2) discarded materials placed in the designated organic materials collection container that are not identified as acceptable source separated organic materials for the designated organic materials collection container; and (3) discarded materials placed in the garbage container that are acceptable source separated recyclables and/or source separated organic materials to be placed in 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 City and the authorized collector in accordance with the franchise agreement. Recyclable materials are currently limited to paper, glass, cardboard, plastics, ferrous metal, and aluminum.

“Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become garbage 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 marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201.

“Residential” means, for the purposes of this chapter, any premises consisting of between one (1) and four (4) dwelling units, and on-site domestic uses accessory to these dwelling units. A multifamily dwelling that consists of fewer than five (5) dwelling units is residential, for the purposes of this chapter.

“Resource recovery” means the reclamation or salvage of wastes for reuse, conversion to energy or recycling.

“Self-haul” means a person who hauls solid waste, organic waste or recovered material they have generated to another person. A self-hauler also includes a person who back-hauls waste as 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, vehicles and equipment, or as otherwise defined in 14 CCR Section 189881(a)(66)(A).

“Solid waste” has the same meaning as defined in Public Resources Code Section 40191, which defines solid waste as 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 with the exception that 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). Recyclable materials and organic materials are a part of solid waste.

“Solid waste facility” means a solid waste transfer or processing station including material recovery facilities, a composting facility, a gasification facility, a transformation facility, an engineered municipal solid waste conversion facility, and a disposal facility. Solid waste facility also 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 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 that is one (1) of the following as defined in 14 CCR Section 18982(a):

“Tier two commercial edible food generator” means a commercial edible food generator that is one (1) of the following as defined in 14 CCR Section 18982(a):