A. "Blue container" has the same meaning as in 14 CCR Section 18982(a)(5), as amended from time to time, and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.

B. "CalRecycle" means California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations.

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" means the city of Petaluma, a California municipal corporation and charter city.

E. "City enforcement official" means the city manager, or his or her authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.

F. "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), as amended from time to time. A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of this chapter.

G. "Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in subsections MMM and NNN of this section or as otherwise defined in 14 CCR Sections 18982(a)(73) and (a)(74), as amended from time to time. 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), as amended from time to time.

H. "Compliance review" means a review of records by the city to determine compliance with this chapter.

I. "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 one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined by 14 CCR Section 18982(a)(8), as these sections may be amended from time to time.

J. "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), as amended from time to time, which stated, as of the effective date of 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.

K. "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), as amended from time to time.

L. "C&D" means construction and demolition debris.

M. "Designee" means a person or entity that the city contracts with or otherwise authorizes to carry out any of the city’s responsibilities under this chapter as authorized in 14 CCR Section 18981.2, as amended from time to time. City designee(s) for purposes of this chapter may include an authorized city employee, a government entity, a hauler, a private entity, or a combination of them.

N. "Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18), as amended from time to time. 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, as amended from time to time, requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

O. "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 seeking other remedies.

P. "Excluded waste" means hazardous substances; hazardous waste; infectious waste; designated waste; volatile, corrosive, or medical waste; regulated radioactive waste; and toxic substances or material that facility operator(s) that 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 due to applicable permit conditions; waste that in the reasonable opinion of the city or its designee 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. Excluded waste does not include 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, as amended from time to time. Excluded waste also 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 city or its designee for collection services.

Q. "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 amended from time to time.

R. "Food facility" has the same meaning as in Section 113789 of the Health and Safety Code, as amended from time to time.

S. "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 amended from time to time.

T. "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), as amended from time to time, 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), as amended from time to time.

If the definition in 14 CCR Section 18982(a)(25) for food recovery organization, as amended from time to time, differs from the definition of food recovery organization in this chapter, the definition in 14 CCR Section 18982(a)(25), as amended from time to time, shall control.

U. "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), as amended from time to time. 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), as amended from time to time.

V. "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.

W. "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), as amended from time to time.

X. "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.

Y. "Food waste" means food scraps and food-soiled paper.

Z. "Gray container" has the same meaning as in 14 CCR Section 18982(a)(28), as amended from time to time, and shall be used for the purpose of storage and collection of gray container waste.

AA. "Gray container waste" means solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5), as these provisions may be amended from time to time.

BB. "Green container" has the same meaning as in 14 CCR Section 18982(a)(29), as amended from time to time, and shall be used for the purpose of storage and collection of source separated green container organic waste.

CC. "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 amended from time to time.

DD. "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 amended from time to time.

EE. "High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), as amended from time to time, and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022, and December 31, 2024, and seventy-five 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), as these provisions may be amended from time to time.

FF. "Inspection" 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), as amended from time to time.

GG. "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 two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for a large event. If the definition in 14 CCR Section 18982(a)(38), as amended from time to time, differs from the definition of large event in this chapter, the definition in 14 CCR Section 18982(a)(38) shall control.

HH. "Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR Division 7, Chapter 12, a large 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, as amended from to time, 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 the definition of large venue in this chapter, the definition in 14 CCR Section 18982(a)(39), as amended from time to time, shall control.

II. "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), as amended from time to time.

JJ. "Multifamily residential dwelling" or "multifamily" 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.

KK. [Reserved]

LL. "Noncompostable paper" includes but is not limited to paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41), as amended from time to time.

MM. "Nonlocal entity" means an entity that is an organic waste generator but is not subject to the control of a jurisdiction’s regulations related to solid waste. These entities may include but are not limited to special districts, federal facilities, prisons, facilities operated by the state parks system, public universities and state agencies, as defined in 14 CCR Section 18982(a)(42), as amended from time to time.

NN. "Nonorganic recyclables" means nonputrescible and nonhazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43), as amended from time to time.

OO. "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 Chapter 1.14 of the Petaluma Municipal Code, or in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4, as these sections may be amended from time to time.

PP. "Organic waste" 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), as amended from time to time. Biosolids and digestate are as defined by 14 CCR Section 18982(a), as amended from time to time.

QQ. "Organic waste generator" 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), as amended from time to time.

RR. "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), as amended from time to time.

SS. "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), as amended from time to time.

TT. "Prohibited container contaminants" means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city’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 city’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.

UU. "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), as amended from time to time.

VV. "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), as these provisions may be amended from time to time.

WW. "Recycled-content paper" means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61), as amended from time to time.

XX. "Regional agency" means regional agency as defined in Public Resources Code Section 40181, as amended from time to time.

YY. "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), as amended from time to time.

ZZ. "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), as amended from time to time.

AAA. "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), as amended from time to time.

BBB. "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.

CCC. "SB 1383 regulations" or "SB 1383 regulatory" means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that enacted 14 CCR Division 7, Chapter 12 and amended portions of regulations in 14 and 27 CCR.

DDD. "Self-hauler" 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), as amended from time to time. "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).

EEE. "Single-family" means of, from, or pertaining to any residential premises with fewer than five units.

FFF. "Solid waste" has the same meaning as defined in state Public Resources Code Section 40191, as amended from time to time, 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:

GGG. "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 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), as amended from time to time. For the 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 container waste/mixed waste or other solid waste for the purposes of collection and processing.

HHH. "Source separated blue container organic waste" means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and nonorganic recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7), as these provisions may be amended from time to time.

III. "Source separated green container organic waste" 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, noncompostable paper, and textiles.

JJJ. "Source separated recyclable materials" means source separated nonorganic recyclables and source separated blue container organic waste.

KKK. "State" means the state of California.

LLL. "Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71), as amended from time to time.

MMM. "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, as amended from time to time, differs from the definition of tier one commercial edible food generator in this chapter, the definition in 14 CCR Section 18982(a)(73) shall control.

NNN. "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, as amended from time to time, differs from the definition of tier two commercial edible food generator in this chapter, the definition in 14 CCR Section 18982(a)(74) shall control.

OOO. "Uncontainerized green waste and yard waste collection service" or "uncontainerized service" means a collection service that collects green waste and yard waste that is placed in a pile or 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 18982(a)(75), as amended from time to time.

PPP. "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 18982(a)(76), as amended from time to time.