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Ordinance No. NS-XXX
<br />Page 6 of 42
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<br />collection. Discarded materials do not include edible food that is recovered for human
<br />consumption and is not discarded.
<br />Diversion requirement means the CALGreen-applied percentage of C&D debris
<br />generated by a covered project that must be diverted from landfills.
<br />Divert or to divert or diversion means any combination of recycling, sorting,
<br />composting, and/or other processing activities conducted in order to prepare, use and/or
<br />market the materials for reuse, remanufacture, reconstitution, or to otherwise return the
<br />material to the economic marketplace and to prevent the materials from being disposed
<br />in a landfill.
<br /> Edible food shall mean food intended for human consumption, or as otherwise
<br />defined in 14 CCR Section 18982(a)(18). For the purposes of this article or as otherwise
<br />defined in 14 CCR Section 18982(a)(18), edible food is not solid waste if it is recovered
<br />and not discarded. Nothing in this article or in Title 14 CCR, Division 7, Chapter 12
<br />requires or authorizes the recovery of edible food that does not meet the food safety
<br />requirements of the California Retail Food Code.
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<br /> Enforcement action shall mean an action of the city to address non-compliance
<br />with this article, including, but not limited to, a warning, a notice of violation, issuing
<br />administrative citations, fines, infractions, penalties, or using other remedies.
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<br /> Excluded waste shall mean hazardous substance, hazardous waste, infectious
<br />waste, designated waste, volatile, corrosive, medical waste, infectious, regulated
<br />radioactive waste, and toxic substances or material that facility operator(s), which receive
<br />materials from the city and its generators, reasonably believe(s) would, as a result of or
<br />upon acceptance, transfer, processing, or disposal, be a violation of local, State, or
<br />Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste
<br />that cannot be disposed of in Class III landfills or accepted at the facility by permit
<br />conditions, waste that in city’s, or its designee’s reasonable opinion, would present a
<br />significant risk to human health or the environment, cause a nuisance or otherwise create
<br />or expose city, or its designee, to potential liability; but not including de minimis volumes
<br />or concentrations of waste of a type and amount normally found in single-family or
<br />multifamily solid waste after implementation of programs for the safe collection,
<br />processing, recycling, treatment, and disposal of batteries and paint in compliance with
<br />Sections 41500 and 41802 of the California Public Resources Code. Excluded waste
<br />does not include used motor oil and filters, household batteries, universal wastes, and/or
<br />sharps when such materials are defined as allowable materials for collection through the
<br />city’s collection programs and the generator or customer has properly placed the
<br />materials for collection pursuant to instructions provided by city or its designee for
<br />collection services.
<br /> Executive director shall mean the Executive Director of Public Works of the city of
<br />Santa Ana, or his or her designee.
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