(a) “Bulky goods” shall mean oversized or overweight household articles placed curbside by a residential householder or owner, which oversized or overweight household articles have weights, volumes or dimensions which cannot be accommodated by solid waste containers for residential premises, such as stoves, refrigerators, water heaters, washing machines, furniture, sofas, mattresses, box springs, and large rugs.

(b) “CalRecycle” means California’s Department of Resources Recycling and Recovery, which is the state agency designated by statute with responsibility for developing, implementing, and enforcing the requirements of the Act, including implementation of SB 1383 requirements.

(c) “California Code of Regulations” or “CCR” 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).

(d) “City enforcement official” means a code enforcement officer, police officer, building inspector, the city manager, or his or her authorized designee(s), who is/are partially or wholly responsible for enforcing this chapter.

(e) “City manager” shall mean the city manager of the city of Cudahy or the city manager’s designee.

(f) “Collection” shall mean the operation of gathering together within the city, and transporting by means of a motor vehicle to the point of disposal or processing, any solid waste or recyclable materials.

(g) “Collection agreement” shall mean a contract, including an exclusive franchise agreement, between the city and a solid waste enterprise for the provision of solid waste and recyclable materials handling services in the city.

(h) “Collector” shall mean any solid waste enterprise who, pursuant to the provisions of this chapter, has been authorized by the city council by exclusive franchise to provide residential or commercial/industrial solid waste or recyclable materials handling services in the city.

(i) “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 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.

(j) “Commercial/industrial business owner” shall mean any person, firm, corporation or other enterprise or organization holding or occupying, alone or with others, commercial/industrial premises, whether or not that person or entity is the holder of the title or the owner of record of the commercial/industrial premises.

(k) “Commercial/industrial collector” shall mean a collector who collects solid waste and recyclable materials from commercial/industrial premises.

(l) “Commercial/industrial premises” shall mean all occupied real property in the city, except property occupied by federal, state or local governmental agencies which do not consent to their inclusion, and except residential premises as defined in this section, and shall include, without limitation, wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional services, sports or recreational facilities, construction and demolition sites, a multiple dwelling that is not a residential premises, and any other commercial or industrial business facilities, structures, sites, or establishments in the city.

(m) “Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in this chapter. 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).

(n) “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).

(o) “Compliance review” means a review of records by the city of Cudahy to determine compliance with this chapter.

(p) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), and 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.

(q) “Construction or demolition site” shall mean any real property in the city in, on or from which a building or structure is being fabricated, assembled, erected or demolished, and which produces construction or demolition solid waste which must be removed from the property, and which site requires the use of commercial solid waste containers.

(r) “Construction or demolition waste” shall mean any solid waste or debris generated as the result of construction or demolition, including, without limitation, discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.

(s) “Control” shall mean, for purposes of CMC 8.12.100, the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a corporation, partnership, joint venture, or other association.

(t) “C&D” means construction and demolition debris.

(u) “Designee” means an entity that a 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, a hauler, a private entity, or a combination of those entities.

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

(w) “Disposal” shall mean the complete operation of treating and disposing of solid waste after the collection thereof.

(x) “Divert” or “diversion” (or any variation thereof) means to prevent discarded materials from disposal at landfill or transformation facilities (including facilities using incineration, pyrolysis, distillation, gasification, or biological conversion methods) through source reduction, reuse, recycling, composting, anaerobic digestion or other method of processing, subsequent to the provisions of AB 939. Diversion is a broad concept that is to be inclusive of material handling and processing changes that may occur over the term including, but not limited to, changes in standard industry practice or implementation of innovative (but not necessarily fully proven) techniques or technology that reduce disposal risk, decrease costs and/or are for other reasons deemed desirable by the city.

(y) “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 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.

(z) “Enforcement action” 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.

(aa) “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 the 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 California Public Resources Code Sections 41500 and 41802. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint if and 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 the city or its franchise hauler for collection services.

(bb) “Exclusive solid waste and recyclable materials handling services” shall mean any action by the city council, whether by franchise, contract, license, permit, or otherwise, whereby the city itself, or one or more other local agencies or solid waste enterprises, has the exclusive right to provide solid waste and recyclable materials handling services of any class or type within all or any part of the territory of the city.

(cc) “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).

(dd) “Food facility” has the same meaning as in Health and Safety Code Section 113789.

(ee) “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).

(ff) “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 chapter 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 chapter.

(gg) “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.

(hh) “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 exclude fats, oils, and grease when such materials are source separated from other food scraps.

(ii) “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).

(jj) “Food-soiled paper” is compostable paper material that has come into contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

(kk) “Food waste” means source separated food scraps, food-soiled paper, and compostable plastics.

(ll) “Franchise agreement” means the agreement between the city and Consolidated Disposal Service, LLC (CDS) that provides for CDS to have the exclusive right to collect solid waste, recyclable materials and organic waste within the city. In cases of conflict between the provisions of this chapter and the franchise agreement, the provisions of the franchise agreement shall control.

(mm) “Franchise hauler or franchisee” means Consolidated Disposal Service, LLC, the city’s exclusive solid waste handling services provider under contract to the city for collection of solid waste, recyclable materials and organic waste within the city.

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

(oo) “Gray/black container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of gray/black container waste.

(pp) “Gray/black container waste” means solid waste that is collected in a gray/black container that is part of a three-container organic waste collection service.

(qq) “Green container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

(rr) “Green waste” or “yard waste” shall mean leaves, grass clippings, brush, branches and other forms of organic materials generated from landscapes or gardens, separated from other solid waste.

(ss) “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).

(tt) “Hauler route” means the designated itinerary or sequence of stops for each segment of the city’s collection service area.

(uu) “Hazardous waste” shall mean and include waste defined as hazardous by Public Resources Code Section 40101 as it now exists or may subsequently be amended, namely, a waste or combination of wastes which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may do either of the following: (i) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; (ii) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. “Hazardous waste” includes extremely hazardous waste and acutely hazardous waste, and any other waste as may hereafter from time to time be designated as hazardous by the Environmental Protection Agency (“EPA”) or other agency of the United States government, or by the California legislature or any agency of the state of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous.

(vv) “High diversion organic waste processing facility” 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.

(ww) “Holiday” shall mean:

“Holiday” shall also mean any other day designated as such in a contract between a collector and the labor union serving as the exclusive representative of that collector’s employees, provided the holiday is established or recognized by resolution of the city council.

(xx) “In the city” or “within the city” shall mean within the limits of the city as such limits exist on the effective date of this chapter* or may thereafter exist by virtue of the annexation of territory to, or detachment of territory from, the limits of the city.

(yy) “Inspection” means a site visit where the city or the franchise hauler may review 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.

(zz) “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 to this chapter.

(aaa) “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 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.

(bbb) “Manure” shall mean waste droppings from any animal.

(ccc) “Mixed waste organic collection stream” or “mixed waste” means organic waste or solid waste collected in a container that is required by 14 CCR Section 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).

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

(eee) “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.

(fff) “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.

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

(hhh) “Organic waste” means solid waste containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, lumber, wood, food-soiled paper, 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).

(iii) “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).

(jjj) “Person” shall have the meaning set forth in CMC 1.12.010.

(kkk) “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.

(lll) “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, notepads, 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).

(mmm) “Processing” shall mean the controlled separation, recovery, volume reduction, conversion, or recycling of solid waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).

(nnn) “Prohibited container contaminants” means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city’s blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city’s green container; (iii) 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 (iv) excluded waste placed in any container.

(ooo) “Public agency” shall mean any governmental agency or department thereof, whether federal, state, or local.

(ppp) “Recyclable materials” shall mean those materials that are suitable for recycling, as determined by resolution of the city council, or as set forth in a collection agreement.

(qqq) “Recycling” shall mean the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning 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. “Recycling” does not include transformation as defined in Public Resources Code Section 40201.

(rrr) “Recycling container” shall mean a container which is provided to residential premises for use in collecting and moving recyclable materials to curbside for collection by a collector, or a container which is provided to commercial/industrial premises for use by the collector in collecting and moving recyclable materials.

(sss) “Refuse” means solid waste or debris, except sewage, construction and demolition debris, recyclable materials, and/or organic waste placed in containers for collection.

(ttt) “Remote monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray/black containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

(uuu) “Residential collector” shall mean a collector who collects solid waste and recyclable materials from residential premises.

(vvv) “Residential householder” shall mean any person or persons holding or occupying residential premises in the city, whether or not the owner of the residential premises.

(www) “Residential owner” shall mean the owner of any residential premises within the city.

(xxx) “Residential premises” shall mean any residential dwelling unit within the city, including, without limitation, units within multiple-unit residential complexes of five units or less, such as rental housing projects, condominiums, apartment houses, mixed condominiums and rental housing, and mobile home parks.

(yyy) “Resource recovery” shall mean any use of solid waste collected pursuant to this chapter, except for landfill disposal or transfer for landfill disposal. “Resource recovery” shall include, but is not limited to, transformation, composting, and multi-material recycling.

(zzz) “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 residence, or commercial/multifamily establishment. In instances of dispute or uncertainty regarding who is the responsible party for a single-family residence or commercial/multifamily establishment, “responsible party” shall mean the owner of a single-family residence, or commercial/multifamily establishment.

(aaaa) “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).

(bbbb) “Route review” means a visual inspection of containers along a hauler route for the purpose of determining container contamination and may include manual container inspections or mechanical inspection methods such as the use of cameras.

(cccc) “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.

(dddd) “SB 1383 regulations” means or refers to the 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.

(eeee) “Self-hauler” means commercial or multifamily generator who registers with the city and obtains a permit as a self-hauler and uses its own vehicle, employees and equipment and who hauls organic waste to a permitted solid waste processing facility in compliance with this chapter. “Back-haul” means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees, vehicles and equipment. Back-haul is subject to verification and inspection at the generator’s operational locations by the city or the franchise hauler.

(ffff) “Solid waste” has the same meaning as defined in state Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible 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 semisolid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

(gggg) “Solid waste container” shall mean any vessel, tank, receptacle, box or bin permitted to be used for the purpose of holding solid waste for collection.

(hhhh) “Solid waste enterprise” shall mean any person regularly engaged in the business of providing solid waste and recyclable materials handling services.

(iiii) “Solid waste and recyclable materials handling services” shall mean the collection, transportation, storage, transfer, or processing of solid wastes or recyclable materials from residential or commercial/industrial users or customers.

(jjjj) “Source separated” 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 of 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. For purposes of this 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/black container waste or other solid waste for the purposes of collection and processing.

(kkkk) “Standard commercial/industrial solid waste container” shall mean a state-of-the-art bin or solid waste container used in connection with commercial/industrial premises with a capacity of between one and eight cubic yards, designed for mechanical pick-up by collection vehicles and equipped with a lid, or, where appropriate for the commercial/industrial premises served, a 15-, 25-, 30-, 40-, or 50-cubic-yard roll-off or drop box or compactor, and shall include other types of containers suitable for the storage and collection of commercial/industrial solid waste which have been approved in writing by the city manager for use in the city.

(llll) “Standard residential solid waste container” shall mean a standardized rollaway container with a locking lid, made of metal, hard rubber or plastic and having an approximate capacity of 90 gallons, and of a design, color and durability as approved by the city manager.

(mmmm) “Tier one commercial edible food generator” means a commercial edible food generator that is one of the following:

(nnnn) “Tier two commercial edible food generator” means a commercial edible food generator that is one of the following:

(oooo) “Vacant property” shall mean any real property in the city which, for a period of 30 days or longer, shows no activity on the water meter.