§ 8.44.030. Definitions.

The following definitions shall apply within this division except where inconsistent with or expressly superseded by those state laws or regulations referenced in Section 8.44.020.

"Agricultural solid wastes" means wastes resulting from the production and processing of farm or agricultural products, including manures, prunings and crop residues wherever produced.

"Approval agency" includes any agency with regulatory authority regarding solid waste generation, collection, transportation, processing or disposal and includes, but is not limited to, the California Integrated Waste Management Board, the board of supervisors of the county, the local enforcement agency (LEA), the California Regional Water Quality Control Board, the Bay Area Air Quality Management District, the Upper Valley Waste Management Agency, the county, and the incorporated cities within Napa County.

"Approved disposal site" means a disposal site subject to provisions of this division which has been issued written approval for the landfill disposal of solid wastes by the LEA. Such approval may be either in the form of a solid waste facility permit or an exemption letter.

"Board" means the Napa County board of supervisors.

"Collection" means the act of collecting solid waste at the place of waste generation by an approved collection operator (public or private) and is a form of "removal."

"Collection vehicle or equipment" means any vehicle or equipment, including but not limited to any truck, trailer, semi-trailer, passenger car, station wagon, van, pickup or conveyance used or intended to be used by or for an operator for the purpose of collecting, hauling or transporting solid waste upon public highways.

"Collection vehicle permit" means an annual permit issued by the LEA for the operation of each collection vehicle.

"Compost facility (county composting permit)" means a facility that processes either two hundred or more cubic yards on any day or more than two thousand cubic yards per year irrespective of whether the completed product is used on site, given away or sold; that is exempt from the solid waste facility permit or the notification requirements of Title 14, division 7, Chapter 3.1 of the California Code of Regulations; and that may use, but is not limited to using agricultural, institutional, residential, or business waste as feedstock.

"Composting" means a controlled microbial degradation of organic wastes, including vegetable, green material, and wood wastes but not including hazardous wastes, which are source-separated from the municipal solid waste stream or separated at a centralized facility, and which yields a safe and nuisance-free product for re-use known as "compost."

"Construction and demolition wastes" means solid waste composed of building materials, packaging and rubble resulting from the construction, remodeling, repair or demolition of pavements, houses, commercial, industrial or agricultural buildings, and other structures.

"Container" means any receptacle approved by the department for deposit and storage of solid waste at the site of generation or any other site prior to final disposal.

"County" means the county of Napa, a political subdivision of the state of California.

"Dead animals" means those deceased animals whose carcasses require disposal.

"Department" means the Napa County department of planning, building and environmental services.

"Director" means the director of the Napa County department of planning, building and environmental services.

"Disposal" means transferring, processing, or otherwise disposing of solid waste.

"Disposal facility" means any facility or location where disposal of solid waste occurs.

"Disposal site" means the place, location, tract of land, area or premises used, intended to be used or which has been used for the dumping or abandonment of solid waste, or landfill disposal of solid wastes.

"Disposal site owner" means the person who holds title to the property used as a disposal site.

"Franchisee" means any person authorized by the board under this division to collect, remove, transfer and/or dispose of solid waste generated by other persons within designated franchise zones of the county outside of the jurisdiction of the Upper Valley Waste Management Agency, except "franchise" does not include the Napa Vallejo Waste Management Authority.

"Garbage" means that solid waste which is comprised of kitchen and table food waste, or animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs.

"Green material or green waste" means solid waste comprised of yard trimmings, leaves, untreated wood wastes, paper products, or other green wastes, but does not include human excrement, mammalian flesh, organs, unprocessed hide, blood, bone, and marrow.

"Hazard" means any condition, practice, or procedure which is or may be dangerous, harmful, or perilous to property, residents, employees, neighbors, or the general public.

"Hazardous waste" means include any waste material or mixture of wastes which meets any of the following criteria:

1.

The material is toxic, corrosive, flammable, an irritant, a strong sensitizer, or which generates pressure through decomposition, heat or other means, if such waste or mixture of wastes may cause substantial personal injury, serious illness or harm to humans, domestic animals, or wildlife, during, or as a proximate result of any disposal of such wastes or mixture of wastes as defined in Article 2, Chapter 6.5, Section 25117 of the Health and Safety Code. The terms "toxic," "corrosive," "flammable," "irritant," and "strong sensitizer" shall be given the same meanings as in the California Hazardous Substances Act (Chapter 13 commencing with Section 28740 of Division 21 of the Health and Safety Code).

2.

The material may, because of its quantity, concentration, or physical, chemical, or infectious characteristics cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating illness; or may pose a substantial present or potential threat to human health or environment when improperly treated, stored, transported, disposed of, or otherwise managed.

"Health officer" means the health officer appointed by the board or that person's duly authorized representative, including the director.

"Incinerator" means any equipment used for volume reduction or destruction of combustible wastes by burning and from which exhaust gases pass through a flue.

"Incinerator residue" means the solid materials remaining after reduction of wastes in an incinerator.

"Inspection fee" means that fee enacted by resolution of the board and paid to the LEA for the costs to the LEA of overseeing the operations and site conditions of solid waste facilities within the county of Napa, whether such facilities are permitted, or exempt, legal or illegal, and open or closed, including but not limited to file review, site inspection, meetings, reporting and record keeping.

"Integrated waste management plan" means the county integrated solid waste management plan required by Division 30, Part 2, Chapter 1 of the Public Resources Code.

"Litter" means all solid waste which has been improperly discarded at any location or which has migrated by wind or equipment away from the unloading area of a solid waste facility, disposal site or operation. Litter includes, but is not limited to, convenience food, beverage, and other product packages or containers constructed of steel, aluminum, glass, paper, plastic, and other natural and synthetic materials, thrown or deposited on the lands and waters of the county, but not including properly discarded wastes from primary processing of agriculture, mining, logging, or manufacturing.

"Local enforcement agency, enforcement agency, or LEA" means that agency defined as the "enforcement agency" or "local enforcement agency" in Public Resources Code Section 40130 which, within Napa County, has been so designated by the board and certified by the California Integrated Waste Management Board.

"Material recovery facility (MRF)" means a facility for the separation of recyclable materials from a solid waste stream which, due to volume or types of material processed, requires a solid waste facility permit.

"Medical waste" means waste regulated pursuant to the Medical Waste Management Act, Chapter 6.1 (commencing with Section 25015) of Division 20 of the Health and Safety Code.

"Operator" means the person required under this division to obtain approval to own or operate a solid waste facility or a solid waste collection or transportation system.

"Person" means an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation or any other entity whatsoever.

"Petroleum contaminated soil" means soil that:

1.

Contains designated or non-hazardous concentrations, as set forth in Title 23, Chapter 15, Article 1, Section 2510 et seq. of the California Code of Regulations, of petroleum hydrocarbons, such as gasoline and its components (benzene, toluene, xylene, and ethylbenzene), diesel and its components (benzene), virgin oil, motor or waste oil, or aviation fuel, and any associated metals, such as lead, cadmium, chromium, copper, nickel, or zinc; and

2.

Has been determined pursuant to Section 13263(a) of the Water Code to be a waste that requires regulation by the Regional Water Quality Control Board or local oversight agency.

"Petroleum contaminated soil transfer/processing operation or facility" means a solid waste facility that handles only petroleum contaminated soil for the purpose of treatment, storage, and/or transfer but not for manufacturing, in accordance with the regulations for such facilities set forth in Title 14 of the California Code of Regulations.

"Petroleum contaminated soil disposal facility" means a solid waste facility that handles only petroleum contaminated soil for the purpose of disposal and not for the purpose of manufacturing, in accordance with the regulations for such facilities set forth in Title 14 of the California Code of Regulations.

"Processing" means the reduction, separation, recovery, conversion, or recycling of solid waste.

"Public nuisance" means anything which is (1) injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property; (2) affects at the same time an entire community or neighborhood or any considerable number of persons although the extent of annoyance or damage inflicted upon the individual may be unequal; and (3) occurs as a result of the storage, removal, transport, processing or disposal of solid waste.

"Putrescible wastes" include wastes that are capable of being decomposed by micro-organisms with sufficient rapidity to cause nuisances because of odors, gases or other offensive conditions, and include materials such as food wastes, offal and dead animals.

"Recycle or recycling" means 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 finished or source material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation or the feeding of garbage to animals.

"Removal" means the act of taking solid wastes from the place of waste generation either by an approved collection operator or by a person in control of the premises.

"Rubbish" means non-putrescible solid wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber by-products or litter.

"Solid waste" means 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 pans thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge, manure, vegetable or animal solid and semisolid wastes, and other discarded and solid and semisolid wastes, but does not include hazardous waste, low-level radioactive waste regulated by California Health and Safety Code Sections 25800 et seq., or medical waste.

"Solid waste disposal" means the final deposition of solid wastes onto land, into the atmosphere, or into the waters of the state of California.

"Solid waste facility" means a solid waste transfer or processing station, a compost facility (including a composting facility required to obtain a county permit), a transformation facility, or a disposal facility.

"Solid waste facility permit" means a permit concurred with by the California Integrated Waste Management Board and issued by the LEA which describes the terms, conditions and prohibitions for operation of a solid waste facility as defined in this division.

"Solid waste handling" means the collection, transportation, storage, transfer, or processing of solid waste.

"Solid waste landfill" means a disposal facility that accepts solid waste for land disposal but does not include a facility which receives only wastes generated by the facility owner or operator in the extraction, beneficiation, or processing of ores and minerals, or a cemetery which disposes on-site only the grass clippings, floral wastes, or soil resulting from activities on the grounds of the cemetery.

"Transfer or processing station" means a facility utilized to receive solid waste, temporarily store, separate, convert, or other process the materials in the solid waste, or to transfer the solid waste directly from smaller to larger or alternative vehicles for transport, or a facility utilized for transformation of solid waste, but does not include (1) a facility whose principal function is to receive, store, separate, convert, or otherwise process manure in accordance with state minimum standards; (2) a facility whose principal function is to receive, store, convert, or otherwise process waste which has already been separated for reuse and is not intended for disposal; or (3) the operations premises of a duly licensed solid waste handling operator who receives, stores, transfers, or otherwise processes waste as an activity incidental to the conduct of a solid waste collection and disposal business in accordance with regulations adopted pursuant to California Public Resources Code Section 43309.

"Transformation" means incineration, pyrolysis, distillation, gasification, or biological conversion, but does not include composting or biomass conversion.

"Vector" means any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease, or disrupting the normal enjoyment of life by adversely affecting the public health and well-being.

"Waste" means any material which is discarded by its owner. For purposes of this division, "discard" shall not include the sale, donation, or other conveyance by the owner of a material to another person for the purpose of recycling or reusing the material.

(Ord. 1123 § 4 (part), 1997)

(Ord. No. 1379, § 42, 1-29-2013)