Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 856, 940, 973, 1074, 1100, 1108, 1163, 1236, 1289, 1440, 1551, 1532, 1537, 1913, 1926.
[Ord. #1946, § 1; Ord. #2035, § 1; Ord. #2184, § 1; Ord. #2297, § 1; amended 6-25-2019 by Ord. No. 2310]
a. 
Definitions Generally. For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this chapter unless it is apparent from the context that a different meaning was intended. Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by Division 30, Part 1, Chapter 2 of the California Public Resources Code, Sections 40105-40201, and the regulations of CalRecycle, if defined therein, as amended from time to time.
ACT
The California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq., sometimes referred to as "AB 939") as amended from time to time.
APPLICABLE LAW
All laws, regulations, rules, orders, directives, judgments, decrees, permits, approvals, or other requirement of the United States, the State of California, the County of Los Angeles, the City, and any federal, state, regional or local administrative and regulatory agencies, that are applicable to the provision of solid waste and recyclable materials handling services in the City, as they all may be enacted, issued, or amended from time to time.
AUTHORIZED COLLECTOR
The City or a solid waste enterprise operating under the provisions of a collection agreement authorized by the City Council.
BILL/BILLING
The statement(s) of charges provided to customers for solid waste and recycling materials handling services rendered by an authorized collector.
BIN
A metal container with a hinged lid and wheels with a capacity of less than 10 cubic yards and designed for mechanical pick-up by collection vehicles.
BROWN GOODS
Discarded electronic equipment such as, but not limited to, cellular telephones, video cassette recorders, compact disc (CD) players, CD recorders, digital video disc (DVD) players, DVD recorders, video cassette recorders, stereos, audio receivers, video receivers, facsimile machines, central processing units (CPUs), laptop computers, and peripherals (e.g., external computer hard drives, computer keyboards, computer mice, and computer printers), and other similar items commonly known as "brown goods" and "e-waste."
BULKY ITEMS/BULKY WASTE
Solid waste that cannot and/or would not typically be accommodated within a cart including specifically without limitation: furniture (including chairs, sofas, mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as "white goods"); brown goods, electronic waste; wood waste, and tree branches (if no larger than two feet in diameter and four feet in length, and weighing not more than 60 pounds). "Bulky waste" does not include car bodies or parts, construction and demolition debris or items requiring more than two persons to remove. Other items not specifically included or excluded above will be collected as bulky waste provided the authorized collector has agreed to collect them. In the event a question arises as to whether a specific item or category of items meets the definition of bulky waste, the City Manager will determine whether that definition will apply, which determination will be final and binding.
CALRECYCLE
The State of California's Department of Resources Recycling and Recovery.
CART
A plastic container with a hinged lid and wheels serviced by an automated or semi-automated truck and with a capacity of no less than 30 and no greater than 101 gallons.
CITY MANAGER
An individual having that title in the employ of the City or the City Manager's designee.
CIVIC LITTER CONTAINER
A City-owned receptacle located in a public area for the temporary accumulation and collection of solid waste generated by the public in public places.
COLLECT/COLLECTED/COLLECTION
To take physical possession, transport and remove solid waste or recyclable materials within the City.
COLLECTION AGREEMENT
An agreement between the City and a solid waste enterprise, entered into pursuant to this chapter authorizing the solid waste enterprise to provide solid waste and recyclable materials handling services.
COMMERCIAL PREMISES
All premises in the City, other than residential premises. The term "commercial premises" includes, but is not limited to, stores; offices; federal, state, county, and local governmental institutions, including, but not limited to, schools, school districts, special districts, and water districts; restaurants; rooming houses; hotels; motels; offices; manufacturing, processing, or assembling shops or plants; hospitals; clinics; nursing homes; convalescent centers; dormitories; barracks; and card rooms. In the event a question arises as to whether a specific premises meets the definition of "commercial premises," the City Manager will determine whether that definition will apply, which determination will be final and binding.
COMPOSTING
The separation of organic waste from the waste stream for controlled decomposition into a material that may be used as a soil amendment.
CONSTRUCTION AND DEMOLITION DEBRIS
Solid waste resulting from construction, remodeling, repair or demolition operations at any premises and includes, but is not limited to, concrete, asphalt, rock and dirt.
CONTAINER
Any and all types of solid waste or recyclable materials receptacles, including carts, bins and roll-off boxes.
CUSTOMER
A person receiving solid waste and recyclable materials handling services from an authorized collector pursuant to the terms of a collection agreement.
DISPOSE/DISPOSAL
The ultimate disposition of solid waste at a landfill or otherwise as permitted by applicable law.
DIVERSION
Shall have the meaning ascribed in Section 40124 of the California Public Resources Code, as amended from time to time.
ELECTRONIC WASTE
Has the meaning ascribed to "Covered Electronic Waste" in Section 42463 of the Public Resources Code, as amended from time to time, and all brown goods.
EMSW CONVERSION
Shall have the meaning ascribed in California Public Resources Code Section 40131.2, as amended from time to time.
FOOD WASTE
Unused and discarded solid food products/scraps, including, but not limited to, all vegetables, fruits, meat, fish, shells, bones, cheese, bread, coffee grounds, and discarded paper that is contaminated with food waste.
GENERATOR
Any person whose act or process produced solid waste or recyclable materials or whose act first causes solid waste or recyclable materials to become subject to regulation.
GREEN WASTE
Any vegetative matter resulting from normal yard and landscaping maintenance that is not more than four feet in its longest dimension or four inches in diameter. "Green waste" includes plant debris, such as tree trimmings, wood stumps, grass cuttings, dead plants, leaves, branches, flowers, plant stocks, leaves, dead trees (subject to length and diameter limitations), and other forms of organic waste that is generated at the premises wherein the green waste is collected. "Green waste" excludes yucca and palm fronds. "Green waste" does not include material not normally produced from gardens or landscape areas, such as brick, rock, gravel, large quantities of dirt, concrete, sod, nonorganic wastes, oil, and painted or treated wood products. "Green waste" is an organic waste.
HAZARDOUS WASTE
Wastes defined in Public Resources Code § 40141 as well as all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste in Health and Safety Code §§ 25110.02, 25115, and 25117.1 and listed as hazardous waste by the United States Environmental Protection Agency (EPA), pursuant to the RCRA, and all future amendments thereto, and all rules and regulations promulgated thereunder.
HOLIDAY
Labor Day, New Year's Day, Independence Day, Thanksgiving Day, and Christmas Day, and shall also include any other day designated by resolution of the City Council, the City Manager, or a collection agreement.
HOUSEHOLD HAZARDOUS WASTE
Hazardous waste generated at residential premises.
MEDICAL WASTE
Shall have the meaning ascribed in California Health and Safety Code Section 117600 et seq., as amended from time to time.
MULTIFAMILY DWELLING
Any building or lot containing four or more dwelling units. Multifamily dwelling units generally receive solid waste and recyclable materials collection through the use of shared bins.
OCCUPANT
The person who is in possession of, is the inhabitant of, or has the care and control of a premises or is otherwise responsible for the day-to-day operations of the premises.
ORGANIC WASTE
Food waste, green waste, landscape and pruning waste, nonhazardous wood waste and food-soiled paper waste that is mixed in with food waste.
OWNER
The person holding legal title to a premises.
PERSON
Any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County of Los Angeles, the City, other cities, and special purpose districts.
PREMISES
Any land or building in the City where solid waste is generated or accumulated.
PUBLIC AGENCY/PUBLIC ENTITY
Any governmental agency or department thereof, whether federal, state or local.
RCRA
The Resource Conservation and Recovery Act ("RCRA") (42 U.S.C. § 6901 et seq.), as amended from time to time.
RECYCLABLE MATERIALS
Solid waste that prior to collection is separated by the generator from other solid waste, has some potential economic value, and is handled differently than other solid waste in order to allow it to be processed for recycling. Recyclable materials include any materials identified by resolution of the City Council, the City Manager, or a collection agreement.
RECYCLE/RECYCLING
The process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise be disposed of as solid waste, and returning them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation or EMSW conversion.
REFUSE
Solid waste exclusive of recyclable materials, organic waste, and green waste.
RESIDENTIAL PREMISES
Premises upon which dwelling units exist, including, without limitation, single-family dwellings and multifamily dwellings, apartments, including apartments and condominiums in which each unit has separate cooking and bathing facilities, but does not include hotels, motels, rooming houses, hospitals, nursing homes, convalescent centers, dormitories or barracks or other group living places. In the event a question arises as to whether a specific premises meets the definition of "residential premises," the City Manager will determine whether that definition will apply, which determination will be final and binding.
ROLL-OFF BOX
A container of 10 yards or larger.
SHARPS
Waste generated by a household that includes a hypodermic needle, syringe, or lancet.
SINGLE-FAMILY DWELLING
A dwelling unit in a building or lot containing three or fewer residential dwelling units. Single-family dwelling units generally receive individual solid waste and recyclable materials handling services with the use of carts.
SOLID WASTE
All discarded putrescible and nonputrescible solid and semisolid wastes including refuse, recyclable materials, green waste, organic waste, construction and demolition debris, bulky items, and any combination thereof which are permitted for disposal of in a Class III landfill, and which are included in the definition of the nonhazardous solid waste set forth in the California Code of Regulations.
SOLID WASTE AND RECYCLABLE MATERIALS HANDLING SERVICES
The collection, reduction, separation, recovery, conversion, transfer, transport, storage, recycling, processing and disposal of solid waste, including recyclable materials, green waste, and other organic waste.
SOLID WASTE ENTERPRISE
Any person which is regularly engaged in the business of providing solid waste and recyclable materials handling services.
SOURCE SEPARATE/SOURCE-SEPARATED
The segregation by the generator of recyclable materials, organic waste or green waste from other solid waste.
TAX ROLL
The assessment roll upon which the general taxes of the City are collected by the County of Los Angeles.
TRANSFORMATION
Shall have the meaning ascribed thereto in California Public Resources Code § 40201, as amended from time to time.
UNIVERSAL WASTE
Discarded consumer products containing mercury, lead, cadmium and other substances that are hazardous to human health and the environment, including, but not limited to, batteries and fluorescent tubes.
b. 
Additional definitions. Nothing in this section shall be deemed to preclude the City and any authorized collector from incorporating into any collection agreement definitions relating to their respective contractual rights and obligations, which may differ from or augment those set forth herein.
a. 
Provision of Service. The City shall provide for or furnish solid waste and recyclable materials handling services throughout the City. The solid waste and recyclable materials handling services may be furnished by any one or a combination of City officers and employees, an authorized collector(s) pursuant to a collection agreement(s), or agreement(s) with another local agency or local agencies. The provision of solid waste and recyclable materials handling services shall be under the direction of the City Manager. From time to time, the City Council may adopt resolutions that further implement the purposes and intent of this chapter. Except as may be specifically provided in this chapter, or as may be specified by a resolution of the City Council, the City is not subject to the provisions of this chapter that impose obligations on authorized collectors.
b. 
Manner, Time and Frequency of Collection. Authorized collectors shall make arrangements with their customers specifying the manner in which solid waste and recyclable materials handling services are provided, subject to the City's duty to protect the public health, safety and well-being and to limit sources of noise and air pollution within the City by prohibiting collection between certain hours and on certain holidays. The City Council may determine, by resolution or a collection agreement, the manner in which solid waste and recyclable materials handling services are provided within the City, specifying the hours, days and frequency of collection.
c. 
Categories. The City Council may determine, by resolution or a collection agreement, collection categories (e.g., single-family residential and multifamily residential) and make or impose collection requirements which vary for such categories.
d. 
Mandatory Service; Collection Arrangement Required. Except as expressly provided in this chapter, the owner and occupant of every premises in the City is required to make or cause to be made arrangements with an authorized collector for regular solid waste and recyclable materials handling services, and shall pay the charges for those services as established by the City; shall not enter into an agreement for solid waste and recyclable materials handling services with any person other than an authorized collector, and shall implement measures to reach the diversion and other goals mandated by the act. It shall be unlawful for any such person to fail to comply with the foregoing requirements. An occupant of a premises shall be deemed to have complied with this section if the owner of such premises has caused to be made appropriate arrangements with an authorized collector for regular solid waste and recyclable materials handling services and the payment of the charges for those services as established by the City. It is further unlawful, and a public nuisance, for any person to occupy any premises within the City for which appropriate arrangements for regular solid waste and recyclable materials handling services have not been made and kept in full force and effect.
e. 
Deposit of Solid Waste on Public Property. Any person who deposits or causes to be deposited any solid waste on any public property, including the public right-of-way, except in a container provided therefor as herein specified, shall immediately clean up, contain, collect and remove same. To facilitate proper disposal of solid waste by pedestrians and motorists, publicly patronized establishments shall provide, empty, and maintain adequate containers for deposit of solid waste generated by the public as a result of the patronization of such establishments.
a. 
Fees.
1. 
Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code, § 41900 et seq., the City may levy fees ("fees" or "charges") upon authorized collectors and/or premises for planning and program development and administration regarding solid waste and recyclable materials handling services and for such services. Such fees may include charges for the use of disposal facilities and may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements and integrated waste management plans. The charges shall be the amounts which the City Council from time to time may determine and establish by ordinance or resolution.
2. 
The City may determine to collect all or part of such charges (plus any interest or penalties) on the tax roll for the premises, whether or not delinquent, the water bill, by separate bill of the City or an authorized collector, or by such other means as the City Council may elect. Charges, whether or not delinquent, collected on the tax roll shall be collected pursuant to the provisions of Division 5, Part 3, Chapter 6, Article 4 of the California Health and Safety Code. Nondelinquent charges collected on the tax roll shall be levied as an annual charge in an amount computed in accordance with this chapter.
b. 
Residential Solid Waste and Recyclable Materials Handling Services Franchises.
1. 
Upon a determination that the public health, safety and well-being so require, the City Council, by ordinance, referring to the solid waste enterprise by name, may authorize, by collection agreement, one or more solid waste enterprises to provide solid waste and recyclable materials handling services to residential premises in all or any part of the City. Any collection agreement is subject to all of the provisions and to any rights held by any other solid waste enterprise which may hold rights pursuant to Public Resources Code § 49520.
2. 
Each collection agreement shall be granted on such terms and conditions as the City Council shall establish in its sole discretion, as matters of local concern, subject to the provisions of the Compton City Charter and applicable law.
3. 
Each collection agreement awarded by the City shall be in writing, signed by the Mayor, approved as to form by the City Attorney, and filed with the City Clerk. No solid waste enterprise or any other person shall infer the existence of any other form of agreement not meeting all the foregoing requirements.
4. 
In the sole discretion of the City Council, the solid waste and recyclable materials handling services may be authorized on an exclusive or nonexclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the City.
5. 
Each authorized collector shall possess a current City business license and shall display a current City-issued decal on each collection vehicle operated in the City.
6. 
Each authorized collector shall comply with all requirements set forth in the authorized collector's collection agreement and all applicable law, including this Code, this chapter and any regulation which has been adopted pursuant to this chapter.
c. 
Commercial Solid Waste and Recyclable Materials Handling Services Franchises.
1. 
Upon a determination that the public health, safety and well-being so require, the City Council, by ordinance, referring to the solid waste enterprise by name, may authorize, by collection agreement, one or more solid waste enterprises to provide solid waste and recyclable materials handling services to commercial premises in all or any part of the City. Any collection agreement is subject to all of the provisions and to any rights held by any other solid waste enterprise which may hold rights pursuant to Public Resources Code § 49520.
2. 
Each collection agreement shall be granted on such terms and conditions as the City Council shall establish in its sole discretion, as matters of local concern, subject to the provisions of the Compton City Charter and applicable law.
3. 
Each collection agreement awarded by the City shall be in writing, signed by the Mayor, approved as to form by the City Attorney, and filed with the City Clerk. No solid waste enterprise or any other person shall infer the existence of any other form of agreement not meeting all the foregoing requirements.
4. 
In the sole discretion of the City Council, the solid waste and recyclable materials handling services may be authorized on an exclusive or nonexclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the City.
5. 
Each authorized collector shall possess a current City business license and shall display a current City-issued decal on each collection vehicle operated in the City.
6. 
Each authorized collector shall comply with all requirements set forth in the authorized collector's collection agreement and all applicable law, including this Code and this chapter.
d. 
Collection Agreement Required. Except as expressly provided in this chapter, no person shall provide solid waste and recyclable materials handling services in the City unless that person has entered into a collection agreement meeting all the requirements of this chapter, irrespective of any permit issued by any other public agency authorizing the provision of solid waste and recyclable materials handling services. Any such collection agreement shall be in addition to any business license or permit otherwise required by this Code.
e. 
Resolution of Conflicts. In the event of a conflict between the provisions of a collection agreement and the provisions of this chapter, the provisions of the collection agreement shall control.
f. 
Licenses and Permits. Every authorized collector shall obtain and maintain at all times during the authorized collector's operations a business license issued by the City, and all applicable permits and licenses required by any public agency having jurisdiction.
g. 
Solid Waste Facilities. No person shall construct or operate a solid waste management facility, including, but not limited to, a materials recovery facility, solid waste transfer or processing station, composing facility, a buy-back or drop-off center, disposal facility, or a recycling center without satisfying all City requirements for land use, environmental and other approvals.
h. 
Liabilities for Fees.
1. 
Charges for a premises may be billed on the water bill, the tax roll, whether or not delinquent, or separate bill of the City or authorized collector. The charges (plus any interest or penalties) shall be due and payable on the date stated on the water bill, the property tax bill, or separate bill for the premises.
2. 
Each person required by this chapter to arrange for solid waste and recyclable materials handling services shall pay or cause to be paid the charges for such services to the City, if billed by the City, authorized collector, if billed by the authorized collector, or the County of Los Angeles Auditor-Controller, if billed on the tax roll. The owner and occupant of each premises shall be jointly and severally liable for the payment of the charges (plus any interest or penalties).
3. 
Any charges, except charges billed on the tax roll, which remain unpaid for a period of 30 or more days after the date upon which they were billed shall be deemed delinquent. A penalty of 10% shall be charged and an additional 1.5% per month shall be charged until the charges and penalties and interest are paid.
4. 
The charges collected on the tax roll, including delinquent and nondelinquent charges, shall be collected pursuant to the provisions of Chapter 5, Part 3, Chapter 6, Article 4 of the California Health and Safety Code in the same manner, by the same persons, and at the same time as, together with and not separately from, the City's general taxes and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.
5. 
The charges shall be a civil debt owing to the City or authorized collector, as applicable. As a cumulative and alternative remedy, the City or authorized collector, as applicable, may pursue collection of delinquent accounts through collection agencies, small claims courts or any other means provided by law, and may recover reasonable attorneys' fees and costs as permitted by law.
6. 
Solid Waste and Recyclable Materials Handling Services may be discontinued for commercial premises if any charges remain unpaid for a period of 30 or more days after the date upon which they were billed.
7. 
Upon written notice from the owner or occupant of a premises to discontinue solid waste and recyclable materials handling services, there shall be refunded any advance charges. However, solid waste and recyclable materials handling services cannot be discontinued as long as the premises is receiving water service from the City or any other public water agency.
8. 
Any person with a valid self-haul permit who does not use the solid waste and recyclable materials handling services offered by the authorized collector shall be exempt from the payment of fees pursuant to this chapter.
a. 
Containers: Use.
1. 
The authorized collector shall provide the containers specified in the collection agreement to each premises in the City.
2. 
Each person required by this chapter to arrange for solid waste and recyclable materials handling services shall keep in a suitable place a sufficient number of containers provided by the authorized collector or approved by the City capable of holding without spilling, leaking, or emitting odors, all solid waste, including recyclable materials, which would ordinarily accumulate on the premises between the time of two successive collections.
3. 
Each person required by this chapter to arrange for solid waste and recyclable materials handling services shall deposit or cause to be deposited in containers provided by the authorized collector or approved by the City all solid waste, including recyclable materials, generated or accumulated on those premises.
4. 
No person shall place ashes which are not cold and free from fire in any container.
5. 
Subject to any exclusions set forth in this chapter, no person shall deposit solid waste from a premises in any place other than an approved container located on the premises which generated the solid waste.
b. 
Containers, Bulky Waste and Green Waste: Placement and Removal.
1. 
No person shall place for collection any container not in conformance with the container provided by an authorized collector or approved by the City.
2. 
No person shall place a container adjacent to a street or public right-of-way for collection if the container and its contents weigh more than 65 pounds, unless the authorized collector is using automated collection equipment.
3. 
No person shall place a container or any bulky waste adjacent to a street or public right-of-way for collection service before 12:00 noon on the day preceding the regularly scheduled collection day.
4. 
During the hours for collection, containers for residential premises shall be placed at the location designated by the authorized collector and shall be accessible for mechanized pick-up, if mechanized pick-up methods are utilized by the authorized collector. Bins shall be accessible to the authorized collector. Except during the time a container is placed for curbside collection, containers for residential premises shall not be visible from the public right-of-way. Upon collection, all containers shall be replaced in an upright position, at the location where found by an authorized collector.
5. 
Containers shall be removed from any location adjacent to a street or public right-of-way not later than 6:00 a.m. on the day following the regularly scheduled collection day.
6. 
An authorized collector who has been notified in writing by a customer or the City that solid waste service is to be discontinued shall remove all of its bins or carts from such customer's premises within one week following receipt of notification that service is to be discontinued from such customer's premises.
7. 
Green waste shall be cut into pieces not to exceed four feet in length and four inches in diameter before being placed adjacent to a street or public right-of-way for collection. Green waste shall be placed in containers designated for the collection of green waste, or tied securely in bundles not exceeding 60 pounds and shall not be contaminated with other forms of solid waste or with hazardous waste.
8. 
The City Manager may waive the requirements of this section when necessitated by conditions beyond the control of the authorized collector, owner, or occupant of the premises.
a. 
Frequency. Except as expressly provided in this chapter or an applicable collection agreement, or as otherwise approved by the City Manager if necessary to maintain the public health or safety, each person required by this chapter to arrange for solid waste and recyclable materials handling services shall make arrangements with the authorized collector to have all solid waste from the premises (other than construction and demolition debris) collected no less than once each calendar week. Subject to the foregoing requirement, the owners or occupants of commercial premises or multifamily dwellings may specify the frequency of collection of solid waste from the premises and the size and number of bins or other containers required.
b. 
Schedule. Collection by an authorized collector shall be in accordance with the applicable collection agreement or a schedule approved by the City Manager, which shall identify the routes and collection days and which shall not permit the accumulation of solid waste in quantities detrimental to the public health or safety.
c. 
Hours and Days of Collection. Collection from any premises by an authorized collector shall not be made between the hours of 6:00 p.m. and 5:00 a.m. of the following day or at any time on a Sunday or a holiday. The City Manager may waive the requirements of this section when necessitated by conditions beyond the control of the authorized collector and may require an authorized collector to change hours of operation if disruption occurs.
d. 
Designation of Routes and Times. Authorized collectors shall design their routes and times for collection in a manner which minimizes air pollution, traffic, noise and wear and tear on public and private streets and other problems with the potential to adversely affect public health, safety, or the environment.
a. 
An authorized collector shall provide on-call collection of bulky waste and other items to its customers in accordance with the applicable collection agreement.
b. 
No sharps, medical waste, hazardous waste (including but not limited to tires, oil and antifreeze), household hazardous waste, universal waste, battery acid, poisonous, caustic or toxic material or any other substance capable of damaging clothing or causing injury to a person shall be mixed or placed with any other solid waste, including recyclable materials, organic waste or green waste, which is to be collected by an authorized collector. Such items shall be collected at the owner's or occupant's expense only after arrangements have been made for such collection in accordance with all applicable law.
It shall be unlawful for any person other than an authorized collector to collect or dispose of solid waste except as set forth below or in a collection agreement.
a. 
Composting Organic Waste. Nothing in this chapter shall prevent owners or occupants from composting organic waste.
b. 
Self-Hauler's Exclusion. Nothing in this chapter shall prevent owners or occupants from, on a regular basis, collecting and disposing of solid waste, including recyclable materials, green waste and organic waste, generated in or on their premises, in lieu of making arrangements with an authorized collector ("self-haulers"). No self-hauler shall employ or engage any solid waste enterprise, other than an authorized collector, to collect or dispose of such materials. Before collecting or disposing of solid waste, including recyclable materials, green waste and organic waste, self-haulers shall obtain a self-haul permit from the City established by resolution of the City Council, and shall report to the City the type, total weight and destination of solid waste removed, including recyclable materials, green waste and organic waste, on a form prescribed by the City Manager together with supporting documentation required by the City Manager on a quarterly basis (March, June, September and December). Notwithstanding any other provision of this chapter, no self-hauler shall be obligated to use containers provided by the authorized collector.
c. 
Selling or Donating Recyclable Materials or Organic Waste. Nothing in this chapter shall prevent a person from selling or donating any source-separated recyclable materials or organic waste to a person or entity other than an authorized collector, provided that no such materials may be transported for disposition to a landfill or transfer station (as defined in Public Resources Code § 40200). If the seller or donor of recyclable materials is required to pay monetary or nonmonetary consideration in any form or amount for the collection of recyclable materials or organic waste, the fact that the generator receives a reduction or discount in price (or in other terms of the consideration the generator is required to pay) shall not be considered a sale or donation. Before selling or donating recyclable materials or organic waste, each business, as defined in Subsection 21-1.8b1 or c1, shall obtain a permit from the City established by resolution of the City Council, and shall report to the City the name of the person or entity to whom the recyclable materials or organic waste was sold or donated, and the type and total weight of the recyclable materials or organic waste removed on a form prescribed by the City Manager together with supporting documentation required by the City Manager on a quarterly basis (March, June, September and December).
d. 
Buying Recyclable Materials or Organic Waste. Nothing in this chapter shall prevent a person which is not a solid waste enterprise engaged in the business of collecting or disposing of solid waste for a fee, other charge or consideration from buying source-separated recyclable materials or organic waste for monetary or other valuable consideration, and removing and transporting such materials to a destination for marketing, provided that no such materials may be transported for disposition in a landfill or transfer station (as defined in Public Resources Code Section 40200).
e. 
Document Destruction Service. Nothing in this chapter shall prevent any person engaged in the business of destroying or disposing of secret, confidential, or sensitive documents from transporting or disposing of such documents by shredding, lumping, incinerating or other means, as a part of such document destruction or disposal service. Before transporting or disposing of such documents, persons shall obtain a permit from the City established by resolution of the City Council, and shall report to the City the destination and total weight of documents removed on a form prescribed by the City Manager together with supporting documentation required by the City Manager on a quarterly basis (March, June, September and December).
f. 
General Requirements Applicable to Exclusions. In all cases where the right to an exclusion pursuant to this chapter is exercised, disposal shall be made in accordance with applicable law at a disposal or processing facility which meets all applicable regulatory requirements. Green waste shall only be disposed of at a permitted facility where green waste is sorted, mulched, or separated for the purpose of recycling, reuse, or composting. Recyclable materials shall only be disposed of at certified materials recovery facility or other mixed waste processing facility for diversion from disposal. Any disposal by a person exempted under this section shall not relieve such person from any obligation or liability imposed by this chapter or any other City ordinance, resolution, rule or regulation or for the payment of any fees pursuant to this chapter, except as otherwise provided in this chapter.
a. 
Ownership of Recyclable Materials and Organic Waste. Upon placement of source-separated recyclable materials at a designated recycling location or placement of source-separated recycling material or organic waste in a container provided by an authorized collector for the collection of recycling materials or organic waste, the recyclable materials or organic waste shall become the property of the authorized collector.
b. 
Mandatory Commercial Recycling.
1. 
Except as otherwise expressly provided in this chapter, public entities or commercial businesses (including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit entity or nonprofit entity) that generate four cubic yards or more of solid waste per week and multifamily dwellings ("business" or "businesses" for purposes of this section) shall divert their solid waste from disposal by taking one, or any combination, of the following actions in compliance with the requirements of Chapter 12.8 of Part 3 of Division 30 of the California Public Resources Code (Section 42649 et seq.):
(a) 
Source separate recyclable materials and make arrangements with an authorized collector for delivery of a container or containers designated for recyclable materials, and deposit recyclable materials in the designated container or containers provided by the authorized collector; or
(b) 
Source separate recyclable materials and self-haul such materials in compliance with Subsection 21-1.7b; or
(c) 
Source separate recyclable materials and sell or donate such materials in compliance with Subsection 21-1.7c.
2. 
The deposit of any materials other than recyclable materials in a container designated for recyclable materials is prohibited and the deposit of recyclable materials in a container that is not designated for recyclable materials is prohibited.
3. 
To comply with this section, owners or managers of multifamily dwellings may require tenants to source-separate their recyclable materials.
4. 
A business may request an exemption from the requirements of this section by submitting an application on a form prescribed by the City Manager. After reviewing the exemption request, the City Manager shall either approve or disapprove the exemption request. To be eligible for an exemption from the requirements of this section, the business must demonstrate that there are no recyclable materials being generated by any activities of the business or there is inadequate storage space for the storage of recyclable materials.
5. 
The City may require a business that is granted an exemption from the requirements of this section to submit an application every year from the date the exemption was granted by the City.
6. 
Each business that does not make arrangements with an authorized collector pursuant to Subsection b1(a) shall be responsible for ensuring and demonstrating to the City its compliance with the requirements of this subsection and Subsection 21-1.7b or c. Each such business must provide satisfactory proof to the City of the person or entity to whom the recyclable materials is sold or donated, if applicable, and the type, total weight and destination of recyclable materials self-hauled on a form prescribed by the City Manager together with supporting documentation required by the City Manager on a quarterly basis (March, June, September and December).
7. 
To the extent authorized by law, the City or an authorized collector may inspect the premises and examine the containers for refuse and recyclable materials. The City shall notify a business if the business is not in compliance with this section or if self-hauling is not appropriate or effective.
8. 
The City shall implement a commercial solid waste recycling program in conjunction with the authorized collector that consists of education, outreach and monitoring of businesses that is designed to divert solid waste from businesses. The authorized collector shall be responsible for providing recycling service to all businesses, including recycling containers, and for monitoring and correcting contamination of recyclable materials, and for reporting recycling participation to the City in accordance with the City's requirements.
9. 
Nothing in this section is intended to prevent or limit the right of any business to donate or sell its recyclable materials as provided by Public Resources Code Section 41952.
c. 
Mandatory Commercial Organics Recycling.
1. 
Except as otherwise expressly provided in this chapter, public entities, commercial businesses (including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit entity or nonprofit entity), and multifamily dwellings ("business" or "businesses" for purposes of this section) that generate four cubic yards or more of solid waste per week shall divert their solid waste from disposal by taking one, or any combination, of the following actions in compliance with the requirements of Chapter 12.9 of Part 3 of Division 30 of the California Public Resources Code (Section 42649.8 et seq.):
(a) 
Source separate organic waste and make arrangements with an authorized collector for delivery of a container or containers designated for organic waste, and deposit organic waste in the designated container or containers provided by the authorized collector;
(b) 
Source separate organic waste and recycle such materials on site; or
(c) 
Source separate organic waste and self-haul such materials in compliance with Subsection 21-1.7b; or
(d) 
Source separate organic waste and sell or donate such materials in compliance with Subsection 21-1.7c.
2. 
The deposit of any materials other than organic waste in a container designated for organic waste is prohibited and the deposit of organic waste in a container that is not designated for organic waste is prohibited.
3. 
To comply with this section, a business that is an owner may require a lessee or tenant of that property to source separate their organic waste.
4. 
To comply with this section, when arranging for gardening or landscaping services, the contract or work agreement between a business and a gardening or landscaping service shall require that the organic waste generated by those services be managed in compliance with Chapter 12.8 of Part 3 of Division 30 of the California Public Resources Code (Section 42649.8 et seq.).
5. 
A business that is a multifamily dwelling is not required to arrange for the recycling of food waste that is generated by the business.
6. 
A business may request an exemption from the requirements of this section by submitting an application on a form prescribed by the City Manager. After reviewing the exemption request, the City Manager shall either approve or disapprove the exemption request. To be eligible for an exemption from the requirements of this section, the business must demonstrate that the business does not generate at least 1/2 cubic yard of organic waste per week, there is inadequate space to provide additional organic waste recycling bins, the business is currently implementing actions that result in the recycling of a significant portion of its organic waste, or there is some extraordinary and unforeseen event that warrants a temporary exemption.
7. 
The City may require a business that is granted an exemption from the requirements of this section to submit an application every year from the date the exemption was granted by the City.
8. 
Each business that does not make arrangements with an authorized collector pursuant to Subsection c1(a) shall be responsible for ensuring and demonstrating to the City its compliance with the requirements of this subsection and Subsection 21-1.7b or c if applicable. Each such business must provide satisfactory proof to the City of the type and total weight of organic waste recycled on site, the person or entity to whom the organic waste is sold or donated, and the type, total weight and destination of organic waste self-hauled on a form prescribed by the City Manager together with supporting documentation required by the City Manager on a quarterly basis (March, June, September and December).
9. 
To the extent authorized by law, the City or an authorized collector may inspect the premises and examine the containers for refuse and organic waste. The City shall notify a business if the business is not in compliance with this section or if self-hauling is not appropriate or effective.
10. 
The City shall implement an organic waste recycling program in conjunction with the authorized collector that consists of education, outreach and monitoring of businesses that is designed to divert organic waste from businesses. The authorized collector shall be responsible for providing organic waste recycling service to all businesses, including recycling containers, and for monitoring and correcting contamination of organic waste, and for reporting recycling participation to the City in accordance with the City's requirements.
11. 
Nothing in this section is intended to prevent or limit the right of any business to donate or sell its organic waste as provided by Public Resources Code § 41952.
a. 
Cleanup Responsibility.
1. 
Until solid waste, including recyclable materials, green waste and organic waste, has been collected in accordance with the requirements of this chapter, the owner or occupant shall immediately clean up any solid waste generated or accumulated on the premises that has spilled or is otherwise located outside an authorized container notwithstanding human or animal interference with containers, wind or other natural forces.
2. 
Each authorized collector shall immediately clean up any solid waste spilled or otherwise released or discharged into the environment during its collection.
a. 
Use of Containers. No person shall keep solid waste in containers other than those supplied by the authorized collector or approved by the City; nor shall any person accumulate solid waste for more than six consecutive days; nor shall any person keep upon any premises any solid waste which is offensive, obnoxious or unsanitary.
b. 
Moving of Containers. It shall be unlawful for any person other than the owner or occupant of the premises, an officer or employee of the City, or the authorized collector to move any container from the location where the container was placed for storage or collection without the prior written approval of the owner or occupant.
c. 
Scavenging of Solid Waste. It shall be unlawful for any person other than the owner or occupant of the premises, an officer or employee of the City, or the authorized collector to collect, remove or otherwise handle any solid waste, including recyclable materials, contained in any container that has been placed for storage or collection without the prior written approval of the owner or occupant or to remove recyclable materials placed at a designated recycling collection location.
d. 
Graffiti. It shall be unlawful for any person to apply any paint or markings (commonly known as "graffiti" or "tagging") to any container supplied by the authorized collector or approved by the City without the prior written approval of the authorized collector or City.
e. 
Bulky Waste. It shall be unlawful for any person to place bulky waste adjacent to a street or public right-of-way without first having made arrangements with the authorized collector for the collection of the bulky waste.
f. 
Hazardous Waste. It shall be unlawful for any person to spill or to place sharps, medical waste, hazardous waste (including but not limited to tires, oil and antifreeze), household hazardous waste, universal waste, battery acid, poisonous, caustic or toxic material or any other substance capable of damaging clothing or causing injury to a person with any other solid waste, including recyclable materials, organic waste or green waste in any container provided by an authorized collector.
g. 
Solid Waste from Outside City. It shall be unlawful for any person to place for collection any solid waste from outside the City.
h. 
Nonconforming Solid Waste. It shall be unlawful for any person to place for collection by an authorized collector any solid waste, including bulky waste, that does not conform to the standards of this chapter.
i. 
Civic Litter Container; Prohibited Waste. It shall be unlawful for any person to place solid waste generated at premises or hazardous waste in any civic litter container.
j. 
Burning of Solid Waste. It shall be unlawful for any person to burn any solid waste within the City, except in an approved incinerator or transformation facility or other device for which all required permits have been issued by public agencies having jurisdiction and in a manner that complies with such permits and applicable law.
k. 
Dumping or Burial of Solid Waste. It shall be unlawful for any person to dump, spill, leak, pump, pour, emit, empty, discharge, inject, or bury any solid waste within the City, except pursuant to a permit issued by public agencies having jurisdiction and in a manner that complies with such permit and applicable law.
l. 
Collection of Solid Waste Without License Prohibited. Except as expressly provided in this chapter, no person shall collect any solid waste from any premises within the City, nor shall any person place a container for the accumulation of solid waste at any premises within the City, without a City business license and a collection agreement or operate a collection vehicle within the City without displaying a current City-issued collector's decal.
m. 
Failure to Make Collection Arrangements. Except as expressly provided in this chapter, it is unlawful for the owner or occupant of any premises in the City to not make arrangements for regular solid waste and recyclable materials handling services with the authorized collector.
n. 
Unauthorized Disposal. It shall be unlawful for any person to place solid waste in, or otherwise use, the containers of another without their permission.
o. 
Trespass. It shall be unlawful for an authorized collector to enter on private property beyond the extent necessary to collect the solid waste or recyclable materials properly placed for collection.
p. 
Transporting Loose Solid Waste. It shall be unlawful for any person to transport any loose solid waste by motor vehicle unless the cargo is covered and/or secured in such a manner as to prevent depositing of solid waste on public or private property.
q. 
Transfer of Loads on Public Streets. It shall be unlawful for any person to transfer solid waste or recyclable materials from one collection vehicle to another on any public street or road unless such transfer is essential to the method of operation and is approved by the City Manager, or is necessary owing to mechanical failure or accidental damage to a vehicle.
r. 
Interference. It shall be unlawful for any person to interfere with the performance of solid waste and recyclable materials handling services being rendered by the City or an authorized collector.
a. 
Pursuant to California Penal Code Section 836.5. the City Manager and City Code Enforcement Officers are authorized to enforce the provisions of this chapter as well as those of California Penal Code Sections 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7, and 375, California Government Code Sections 68055, et seq.; and California Vehicle Code Sections 23111 and 23112.
b. 
Whenever in this chapter, enforcement authority is given to any City employee or officer, such authority may be exercised by designees of those officers and employees.
c. 
Except as otherwise provided in this chapter, violations of this chapter are punishable as set forth in Subsections 1-6.1 through 1-6.6.
d. 
Violation of any provision of this chapter shall be a misdemeanor.
e. 
The City Manager or the City Manager's designee(s) shall have the authority to enforce the provisions of this chapter. This authority shall be in addition to the authority granted law enforcement officers pursuant to this Code.
[Ord. #2181, § 1]
a. 
The provisions of this § 21-2 are adopted in recognition of the fact that construction and demolition waste constitutes a substantial portion of the total volume of solid waste generated in the City, much of which is ultimately disposed of in solid waste landfills in Los Angeles County. These construction and demolition waste materials have significant potential for solid waste reduction, reuse, and recycling.
b. 
The purpose and intent of the provisions of this § 21-2 is to promote the reduction, reuse, and recycling of construction and demolition waste in order to protect the public health, welfare, and safety and to assist the City in meeting its statutory obligations under the California Integrated Waste Management Act of 1989 (AB 939), which requires that each local jurisdiction in the state divert from landfills 50% of all solid waste through source reduction, recycling, and composting activities.
c. 
The further purpose and intent of the provisions of this § 21-2 is to ensure that all construction and demolition waste generated at covered projects in the City is processed at a facility or facilities which cause not less than 75% of such materials to be diverted from landfills in order to assist the City in meeting its statutory obligations under AB 939.
[Ord. #2181, § 1]
For the purposes of this § 21-2 of Chapter 21, the terms and phrases set forth below will have the following definitions:
a. 
CONSTRUCTION AND DEMOLITION WASTE – Shall mean used or discarded materials, packaging, and rubble resulting from covered projects that involve construction, remodeling, repair, or demolition operations on pavements, single-family and multifamily residences, commercial buildings, and other structures.
b. 
COMMINGLED LOADS OF CONSTRUCTION AND DEMOLITION WASTE – Shall mean construction and demolition waste that has been intermixed at the point of generation and has not been segregated by type or nature of materials prior to their collection or disposal.
c. 
SOURCE-SEPARATED LOADS OF CONSTRUCTION AND DEMOLITION WASTE – Shall mean construction and demolition waste that has been segregated at the point of generation by type or nature of materials prior to their collection or disposal.
[Ord. #2181, § 1]
a. 
The Building Official is authorized to impose the conditions and requirements set forth in this § 21-2 upon permits that are issued for construction, renovation, and demolition projects described below, which projects meet the specified square footage, valuation, or other criteria, and are therefore deemed to be "covered projects:"
1. 
The construction of a new residential or commercial structure that involves 250 square feet or more of floor area, and that has a valuation equal to or exceeding $10,000.
2. 
The renovation of an existing residential or commercial structure that involves 250 square feet or more of floor area, and that has a valuation equal to or exceeding $10,000.
3. 
The construction of an accessory structure or other addition to an existing residential or commercial structure that involves 250 square feet or more of floor area, and that has a valuation equal to or exceeding $10,000.
4. 
A demolition project that involves a residential or commercial structure or structures on the same or abutting property that equals or exceeds 250 square feet in floor area, and that has a valuation equal to or exceeding $10,000.
5. 
The reroofing of a structure that requires the removal of the existing roof.
b. 
In calculating the square footage or the valuation of a construction or renovation project, the square footage or valuation of all structures that will be concurrently constructed or renovated by the applicant on the same property or abutting property will be included.
[Ord. #2181, § 1]
a. 
The following projects are exempt from the requirements of Subsection 21-2.3:
1. 
Work for which only a plumbing, electrical, or mechanical permit is required, and which the Building Official determines, based upon information provided by the applicant, will not generate more than one ton of construction or demolition waste.
2. 
Seismic tie-down projects.
3. 
Installation of prefabricated patio enclosures and covers where no foundation or other structural building modifications are required.
4. 
Installation of prefabricated accessories, such as signs or antennas, where no structural building modifications are required.
5. 
Construction or renovation projects that are less than 250 square feet in floor area.
6. 
Construction or renovation projects that have a valuation of less than $10,000.
7. 
Construction or renovation projects that involve a roof, but the tear-off of the existing roof is not required.
8. 
The construction of new fencing.
9. 
Construction, renovation, or demolition work that the Building Official determines, based upon information provided by the applicant, will not generate more than one ton of construction or demolition waste.
b. 
If an applicant for a project desires to obtain an exemption for that project, then the applicant must file with the Building Official an application for exemption stating all facts that support the requested exemption.
c. 
The Building Official will review each application for exemption and determine whether an exemption is authorized by this section. The applicant will be notified of the Building Official's decision.
[Ord. #2181, § 1]
a. 
An applicant for a permit for a covered project that meets the criteria set forth above in Subsection 21-2.3 may elect to comply with the diversion requirements of this § 21-2 by following one of the two procedures specified below:
1. 
An applicant for a permit for a covered project may arrange with the City's franchised solid waste collector for one or more construction and demolition bins for the removal of all construction and demolition waste generated by the covered project that will not be salvaged or reused at the site of the covered project. The selection of this option will eliminate the need for a Waste Diversion Plan and the payment of an administrative fee but will not eliminate the required payment of a diversion performance deposit or the submission of a Waste Diversion Report.
2. 
An applicant for a permit for a covered project may self-haul all construction and demolition waste generated at the project site if a Waste Diversion Plan, in a form provided by the Building Official, is submitted by the applicant. This form will require the following information:
(a) 
The vendor or the qualified facility or facilities that the permit applicant proposes to use to collect or to receive the types of materials that constitute the construction and demolition waste.
(b) 
The estimated tonnage or volume of construction and demolition waste, by materials type, that is expected to be generated by the covered project.
(c) 
The estimated tonnage or volume of construction and demolition waste, by materials type, that may reasonably be salvaged, recycled, reused, or otherwise diverted from disposal at a landfill.
(d) 
The estimated tonnage or volume of construction and demolition waste that is expected to be disposed of in a landfill.
b. 
No construction or demolition permit will be issued to an applicant for any covered project under Paragraph a2 above unless the Building Official has approved the Waste Diversion Plan and has made the following findings:
1. 
The Waste Diversion Plan submitted by the applicant contains all of the information required by Paragraph a2 above; and
2. 
The Waste Diversion Plan indicates that at least 75% of all construction and demolition waste generated by the covered project will be diverted from disposal at a landfill; provided, however, that the Building Official may approve a diversion percentage that is less than 75% if the applicant provides reasonable written justification for that lower diversion percentage.
[Ord. #2181, § 1]
Prior to the final inspection of a covered project, or the issuance of any certificate of occupancy, or the release of any required diversion performance deposit, the permittee must submit additional information that is required by a Waste Diversion Report in a form to be provided by the Building Official. That additional information will include the following:
a. 
If compliance with the diversion requirements of this § 21-2 is based upon the procedures specified above in Subsection 21-2.5a1 that authorize arrangements with the City's franchised solid waste collector, then the permittee must submit the original or a photocopy of the document or documents evidencing the engagement of the franchised solid waste collector to collect and dispose of the construction and demolition waste generated at the site of the covered project.
b. 
If compliance with the diversion requirements of this § 21-2 is based upon the procedures specified above in Subsection 21-2.5a2 that authorize self-hauling, then the permittee must submit the following:
1. 
A copy of the previously approved Waste Diversion Plan for the covered project on which is noted the actual volume or weight of each type of material that has been diverted from disposal at a landfill, or that has been disposed of at a landfill, and the location or locations where those materials were transported.
2. 
Photocopies of receipts, weight slips, or similar records of measurement from the vendor or from the facility or facilities that collected or received each type of material constituting the construction and demolition waste.
3. 
Any additional information that the permittee deems to be relevant to a determination of its good faith efforts to comply with the diversion requirements set forth in Subsection 21-2.5a2.
[Ord. #2181, § 1]
An administrative fee in an amount established by resolution of the City Council must be paid by an applicant for a permit for a covered project that requires the submission of a Waste Diversion Plan. This administrative fee will be in an amount sufficient to cover the City's costs for the processing and review of Waste Diversion Plans, Waste Diversion Reports, applications for diversion performance deposit refunds, and other documentation related to the administration of this § 21-2.
[Ord. #2181, § 1]
An applicant for a permit for a covered project must submit with the permit application a diversion performance deposit to guarantee compliance with the diversion requirements of this § 21-2. The deposit must be payable to the City and must be in the form of cash or a cash equivalent, such as a personal check, certified check or cashier's check. The amount of the deposit for each category of covered projects set forth above in Subsection 21-2.3 will be established by resolution of the City Council. The Building Official may, in the exercise of sound discretion, reduce the deposit for a covered project if it is determined that the amount of the required deposit is not commensurate with the volume of construction and demolition waste that is expected to be generated by the covered project.
[Ord. #2181, § 1]
a. 
The permittee of a covered project may, within six months after its completion, obtain a refund of the diversion performance deposit by filing with the Building Official an application for a refund. The application must include information that demonstrates the permittee has either:
1. 
Arranged for and used at the project site one or more construction and demolition bins provided by the City's franchised solid waste collector for the removal of all construction and demolition waste generated at the site of the covered project; or
2. 
Complied with the diversion requirements set forth in the approved Waste Diversion Plan submitted in accordance with Subsection 21-2.5a2.
b. 
The Building Official will refund the entire diversion performance deposit for a covered project under any of the following circumstances:
1. 
The permittee arranged for and used at the project site, on a continuous basis, one or more construction bins provided by the City's franchised solid waste collector for the collection and removal of all construction and demolition waste generated during the course of completion of the covered project.
2. 
The permittee complied with the diversion requirements set forth in the approved Waste Diversion Plan and diverted from landfill disposal the required percentage of construction and demolition waste generated by the covered project.
3. 
The application for a permit for a covered project is withdrawn or canceled before any construction, renovation, or demolition has commenced.
4. 
The diversion performance deposit was erroneously paid by the permit applicant.
c. 
The Building Official may authorize a partial refund, up to 75% of the diversion performance deposit, where the permittee did not achieve the required percentage of diversion specified in the Waste Diversion Plan, but the Building Official determines that the permittee made a good faith effort to comply with those diversion requirements and that attainment of those requirements was not feasible under the circumstances.
d. 
If the Building Official determines that the permittee of a covered project has not made a good faith effort to achieve the required percentage of diversion specified in the Waste Diversion Plan, or if the permittee of a covered project fails within six months after the completion of a covered project to submit supporting information required by Paragraphs a1 or a2 above, then the diversion performance deposit will be forfeited to the City.
[Ord. #2181, § 1]
Diversion performance deposits received by the Building Official will be deposited in a special account to be used only for the following purposes:
a. 
The payment of refunds of diversion performance deposits.
b. 
The payment of costs incurred in administering the City's construction and demolition waste diversion program, which costs are not covered by the administrative fee referenced above in Subsection 21-2.7.
c. 
The development and implementation of additional policies and programs that are approved by the City Council to promote the diversion of construction and demolition waste from landfill disposal and to encourage the salvage, reuse, and recycling of that waste.
[Ord. #2181, § 1]
The duties of the Building Official with regard to the implementation and enforcement of the provisions of this § 21-2 consist of the following:
a. 
To develop and to make available to applicants for permits for covered projects the following forms:
1. 
Applications for exemption of projects from the diversion requirements of Subsection 21-2.3.
2. 
The Waste Diversion Plan that is referenced above in Subsection 21-2.5a2.
3. 
The Waste Diversion Report that is referenced above in Subsection 21-2.6.
4. 
Forms related to diversion performance deposits to be paid to the City in accordance with Subsection 21-2.8.
5. 
Applications for the refund of diversion performance deposits as provided for in Subsection 21-2.9.
6. 
Forms related to the appeal of decisions made by the Building Official, as provided for in Subsection 21-2.12.
b. 
To distribute to permit applicants the name, address, telephone number, days and hours of operation, and schedule of rates and charges of one or more construction and demolition waste recycling facilities that meet the following criteria and that have been approved by the City Council:
1. 
A facility that provides to the City a written guarantee that it is currently achieving not less than a 75% diversion rate for all construction and demolition waste that is delivered to the premises of that facility.
2. 
A facility that provides to the City satisfactory evidence in writing that it has adequate capacity to receive and to process the tonnage of construction and demolition waste that is reasonably anticipated to be generated in the City and diverted from landfills on a daily, weekly, and monthly basis.
3. 
A facility that provides to the City satisfactory evidence in writing that it has obtained and maintains all permits, licenses, and other authorizations from Federal, State, regional, County, and municipal agencies that are required for its operation as a construction and demolition waste recycling facility, and that such facility is in full regulatory compliance with those permits, licenses, and other authorizations.
4. 
A facility that has entered into a written agreement with the City for the processing and diversion of construction and demolition waste attributable to "covered projects" that are subject to City-issued permits, which agreement sets forth insurance and indemnification provisions and such other terms and conditions as may be approved by the City Council.
At its option, the City Council may designate one or more construction and demolition waste recycling facilities as a qualified recycling facility for use by the City's franchised solid waste collector and by all permittees that are subject to the provisions of this § 21-2, subject to such conditions, limitations, and exceptions as may be approved by the City Council with regard to the collection and disposal of commingled and source-separated loads of construction and demolition waste.
c. 
To review permit applications for all covered projects to determine whether the diversion of at least 75% of the construction and demolition waste is feasible, and, where such diversion is not feasible, to authorize a lower diversion rate.
d. 
To receive, review, approve, conditionally approve, or reject the Waste Diversion Plan submitted by a permit applicant for a covered project.
e. 
To determine a permit applicant's entitlement to an exemption from the diversion requirements of Subsection 21-2.3.
f. 
To determine the amount of the diversion performance deposit that is required to be paid for covered projects in accordance with Subsection 21-2.8.
g. 
To review the Waste Diversion Report submitted by a permittee upon completion of a covered project and to determine compliance with the diversion requirements of this § 21-2.
h. 
To determine whether a diversion performance deposit paid to the City in accordance with Subsection 21-2.8 is to be refunded, in whole or in part, or is to be forfeited.
[Ord. #2181, § 1]
a. 
An aggrieved applicant or permittee may appeal to the City Manager, or the City Manager's designee, any decision of the Building Official that relates to the denial of an exemption, the refusal to approve a Waste Diversion Plan or a Waste Diversion Report, or the refusal to refund the entire amount of a diversion performance deposit.
b. 
A Notice of Appeal from the decision of the Building Official must be filed with the City Manager within 10 business days after that decision is made by the Building Official. Any failure to file a Notice of Appeal within that ten-day period will constitute a waiver of any objection to that decision, and the decision will be deemed final.
c. 
The Notice of Appeal must describe the decision that is being appealed, the reasons why the decision is deemed to be in error, and must be accompanied by all supporting documentation.
d. 
The City Manager will review the Notice of Appeal and the supporting documentation and will render a written decision on the appeal.
[Ord. #2181, § 1]
The Building Official will provide information to applicants for permits for construction, renovation, repair, or demolition projects that do not meet the criteria for a "covered project" set forth above in Subsection 21-2.3, which information identifies methods, procedures, and recycling facilities that can be used to ensure the diversion from landfills of at least 75% of all project-related construction and demolition waste.
[Ord. #2181, § 1]
Within one year after the effective date of this § 21-2, the Building Official must submit to the City Council a report on the effects of this § 21-2, including but not limited to an assessment of whether § 21-2 is achieving its stated goals and any recommended modifications to this § 21-2.
[Ord. #2181, § 1]
a. 
It is unlawful for any person to engage in the construction, renovation, or demolition of a covered project in a manner that violates any provision of this § 21-2.
b. 
Any person violating any provisions of this § 21.2 is subject to the enforcement and penalty provisions that are set forth in Subsection 21-1.11 of this Chapter 21.
[Added 11-1-2022 by Ord. No. 2348]
a. 
For the purposes of this section, the following words, terms, phrases, and their derivations have the meanings given in this subsection. Terms not defined in this subsection and defined elsewhere in this Code shall have the same meanings herein unless the context otherwise requires. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. In the event of a conflict between a definition in Subsection 21-1.1 of this Code and the definitions in this subsection, the definitions in this subsection shall control for the purposes of this section. In the event of a conflict between a definition in this Code and a definition in 14 CCR Section 18982, the definitions in Section 18982 shall control for the purposes of this section. Additionally, for the purposes of this section, the definitions in 14 CCR Section 18982 shall control for terms used in this section and not defined in this Code. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded and replaced from time to time.
BLUE CONTAINER
Has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of Source Separated Recyclable Materials. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Source Separated Recyclable Materials and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) shall be deemed to be Blue Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
C&D
Means construction and demolition debris removed from a premise during the construction or demolition of a structure.
CALIFORNIA CODE OF REGULATIONS or CCR
Means the State of California Code of Regulations. CCR references in this section are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of the CCR).
CALRECYCLE
Means the California Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on the City (and others).
CITY
Means the City of Compton.
CITY MANAGER
Means the City Manager of the City or his/her designee.
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 Multi-Family Residential Dwelling; or, as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five dwelling units is not a Commercial Business for purposes of implementing this section.
COMMERCIAL EDIBLE FOOD GENERATOR
Includes a Tier One or a Tier Two Commercial Edible Food Generator as defined herein. 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).
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 in 14 CCR Section 18982(a)(8).
COMPLIANCE REVIEW
Means a review of records by the City to determine compliance with this section.
COMPOST
Has the same meaning as in 14 CCR Section 17896.2(a)(4).
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).
COUNTY
Means the County of Los Angeles.
DESIGNEE
Means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this section as authorized in 14 CCR Section 18981.2; or, as otherwise defined in 14 CCR Section 18982(a)(15). A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
EDIBLE FOOD
Means food intended for human consumption; or, as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this section 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 Code 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 State Retail Food Code.
ENFORCEMENT ACTION
Means an action of the City to address non-compliance with the provisions of this section including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies; or, as otherwise defined in 14 CCR Section 18982(a)(19).
ENFORCEMENT OFFICIAL
Means the City Manager or the City's authorized Designee(s) who is/are partially or wholly responsible for enforcing the provisions of this section. The Enforcement Official includes the Regional or County Agency Enforcement Official.
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 Enforcement Official'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 Multi-Family 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 State Public Resources Code.
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).
FOOD FACILITY
Has the same meaning as in Section 113789 of the State Health and Safety Code.
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).
FOOD RECOVERY ORGANIZATION
Unless otherwise defined in 14 CCR Section 18982(a)(25), 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, including, but not limited to:
1. 
A food bank as defined in Section 113783 of the State Health and Safety Code;
2. 
A nonprofit charitable organization as defined in Section 113841 of the State Health and Safety code; and
3. 
A nonprofit charitable temporary food facility as defined in Section 113842 of the State Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Subchapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
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 section and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
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.
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).
FOOD WASTE
Means Food Scraps and Food-Soiled Paper.
FOOD-SOILED PAPER
Means 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.
FRANCHISE AGREEMENT
Means an agreement in effect between the City and a person, firm or corporation, approved by the City Council, authorizing that person form or corporation to collect and deliver Solid Waste originating in the City for disposal, recycling or processing.
FRANCHISE HAULER
Means such persons, firms or corporations collecting and delivering for disposal, recycling or processing Solid Waste originating in the City under a Franchise Agreement with the City.
GENERATOR
Means a person or entity that is responsible for the initial creation of Solid Waste, and with respect to Organic Waste, 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).
GRAY CONTAINER
Has the same meaning as in 14 CCR Section 18982(a)(28), which includes gray and black containers, and shall be used only for the purpose of storage and collection of Gray Container Waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Gray Container Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28) shall be deemed to be Gray Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
GRAY CONTAINER WASTE
Means Solid Waste that is collected in a Gray Container that is part of the City's 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). Notwithstanding the preceding sentence, Gray Container Waste includes carpets and textiles.
GREEN CONTAINER
Has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of Source Separated Green Container Organic Waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Source Separated Green Container Organic Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) shall be deemed to be Green Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
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).
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).
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% between January 1, 2022 and December 31, 2024, and 75% 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).
INSPECTION
Means a site visit where the City or its Designee 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 section; or, as otherwise defined in 14 CCR Section 18982(a)(35).
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; or, as otherwise defined in 14 CCR Section 18982(a)(38).
LARGE VENUE
Unless otherwise defined in 14 CCR Section 18982(a)(39), 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 section 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 section 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.
LOCAL EDUCATION AGENCY
Means a school district, charter school, or county office of education that is not subject to the control of the City's regulations related to Solid Waste; or, as otherwise defined in 14 CCR Section 18982(a)(40). "Multi-Family Residential Dwelling(s)" or "Multi-Family" means of, from, or pertaining to residential premises with five or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
MWELO
Refers to the Model Water Efficient Landscape Ordinance, 23 CCR, Division 2, Chapter 2.7.
NON-COMPOSTABLE PAPER
Includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process; or, as otherwise defined in 14 CCR Section 18982(a)(41).
NON-ORGANIC RECYCLABLES
Means non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics and glass; or, as otherwise defined in 14 CCR Section 18982(a)(43).
NOTICE OF VIOLATION or 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.
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, 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). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
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).
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, note pads, 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).
PROHIBITED CONTAINER CONTAMINANTS
Unless otherwise defined in 14 CCR Section 18982(a)(55), means the following:
1. 
Discarded materials placed in the Blue Container that are not identified by the City as acceptable Source Separated Recyclable Materials for the Blue Container;
2. 
Discarded materials placed in the Green Container that are not identified by the City as acceptable Source Separated Green Container Organic Waste for the Green Container, including carpet, hazardous wood waste and Non-Compostable Paper;
3. 
Discarded materials placed in the Gray Container that are identified by the City as acceptable Source Separated Recyclable Materials to be placed in the Blue Container or Source Separated Green Container Organic Waste to be placed in the City's Green Container; and,
4. 
Excluded Waste placed in any container.
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).
RECYCLED-CONTENT PAPER
Means Paper Products and Printing and Writing Papers that consist of at least 30%, by fiber weight, postconsumer fiber; or, as otherwise defined in 14 CCR Section 18982(a)(61).
REGIONAL OR COUNTY AGENCY ENFORCEMENT OFFICIAL
Means a regional agency or county agency enforcement official, which the City may designate with responsibility for enforcing the provisions of this section in conjunction or consultation with the City's Enforcement Official.
REMOTE MONITORING
Means the use, at the discretion of the City, of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.
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).
SB 1383
Means Senate Bill 1383 of 2016 approved by the Governor of the State on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the State Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the State Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants.
SB 1383 REGULATIONS
Means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of 14 CCR and 27 CCR.
SELF-HAULER
Means a person or entity, who, hauls Solid Waste, Organic Waste or recyclable materials he or she has generated to another person or entity; or as otherwise defined in 14 CCR Section 18982(a)(66). Self-Hauler also includes a person or entity who Back Hauls waste. 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).
SINGLE-FAMILY
Means of, from, or pertaining to any residential premises with fewer than five units.
SOLID WASTE
Unless otherwise defined in State Public Resources Code Section 40191, means 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 semi-solid 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 State Public Resources Code Section 40141;
2. 
Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code); and
3. 
Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
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). For the purposes of this section, Source Separated shall include separation of materials, at the point of generation, 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 or other Solid Waste for the purposes of collection and processing of those materials.
SOURCE SEPARATED BLUE CONTAINER ORGANIC WASTE
Means Source Separated Organic Waste that can be placed in a Blue Container that is limited to the collection of that Organic Waste and Non-Organic Recyclables. Source Separated Blue Container Organic Waste includes Paper Products, Printing and Writing Papers, wood and dry lumber and textiles unless otherwise specified by the City, but excludes Source Separated Green Container Organic Waste.
SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE
Means Source Separated Organic Waste that can be placed in a Green Container that is limited to the collection of that Organic Waste; or as otherwise specified in 14 CCR 18984.1(a) and (b), excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles.
SOURCE SEPARATED RECYCLABLE MATERIALS
Means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste.
STATE
Means the State of California.
SUPERMARKET
Means a full-line, self-service retail store with gross annual sales of $2,000,000, 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).
TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR
Means a Commercial Edible Food Generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73):
1. 
Supermarket;
2. 
Grocery Store with a total facility size equal to or greater than 10,000 square feet;
3. 
Food Service Provider;
4. 
Food Distributor; or
5. 
Wholesale Food Vendor.
TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR
Means a Commercial Edible Food Generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(74):
1. 
Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet;
2. 
Hotel with an on-site Food Facility and 200 or more rooms;
3. 
Health facility with an on-site Food Facility and 100 or more beds;
4. 
Large Venue;
5. 
Large Event;
6. 
A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or
7. 
A Local Education Agency facility with an on-site Food Facility.
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 189852(a)(76).
[Added 11-1-2022 by Ord. No. 2348]
Organic Waste Generators, haulers and other entities that are subject to the requirements of SB 1383 and the SB 1383 Regulations and the City's authority shall fully comply with all applicable requirements of SB 1383, the SB 1383 Regulations, this section, and the provisions of the Franchise Agreement. In the event of a conflict between the provisions of this section and other provisions of this Code, the provisions of this section shall control. In the event of a conflict between the provisions of the SB 1383 Regulations and the provisions of this section, the provisions of the SB 1393 Regulations shall control.
[Added 11-1-2022 by Ord. No. 2348]
Single-Family Organic Waste Generators shall comply with the following requirements, except Single-Family Generators that meet the Self-Hauler requirements of the Franchise Agreement and this Code:
a. 
Subscribe to the City's three-container Organic Waste collection service(s) performed by the Franchise Hauler pursuant to the requirements of the Franchise Agreement for all Organic Waste generated as described in paragraph b of this subsection. The City shall have the right to review the number and size of a Generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Single-Family Generators shall adjust their service level for their collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
b. 
Participate in the City's Organic Waste collection service(s) performed by the Franchise Hauler pursuant to the Franchise Agreement by placing designated materials in designated containers as described in this subsection, and shall not place Prohibited Container Contaminants in collection containers. Generators shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials (which includes Source Separated Non-Organic Recyclables and Source Separated Blue Container Waste) in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.
[Added 11-1-2022 by Ord. No. 2348]
Commercial Organic Waste Generators and Commercial Businesses shall comply with the following requirements:
a. 
Except for a Commercial Organic Waste Generator that meet the Self-Hauler requirements of the Franchise Agreement and this Code, Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, shall subscribe to the City's three-container Organic Waste collection service(s) provided by the Franchise Hauler pursuant to the Franchise Agreement and comply with requirements of those service(s) as described below in paragraph b of this subsection. The City shall have the right to review the number and size of a Generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Commercial Businesses shall adjust their service level for their collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
b. 
Except for Commercial Organic Waste Generators that meet the Self-Hauler requirements of the Franchise Agreement and this Code, Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, shall participate in the City's Organic Waste collection service(s) performed by the Franchise Hauler pursuant to the Franchise Agreement by placing designated materials in designated containers as described in this subsection, and not placing Prohibited Container Contaminants in containers. Generators shall place Source Separated Green Container Organic Waste in the Green Container; Source Separated Recyclable Materials (which includes Source Separated Non-Organic Recyclables and Source Separated Blue Container Waste) in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.
c. 
Commercial Organic Waste Generators, except for Multi-Family Residential Dwellings, shall provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
1. 
A body or lid that conforms with the container colors provided through the Organic Waste collection service provided by the City. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
2. 
Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container; or as otherwise provided in 14 CCR Section 18984.8.
d. 
Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, shall supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming to paragraphs c1 and c2 above) for employees, contractors, tenants, and customers, consistent with the City's collection service and Article 3 of Chapter 12 of Division 7 of Title 14 of the CCR.
e. 
Commercial Organic Waste Generators, except for Multi-Family Residential Dwellings, shall prohibit employees from placing materials in a container not designated for those materials per the City's Blue Container, Green Container, and Gray Container collection service pursuant to 14 CCR Section 18984.1(a)(5).
f. 
Commercial Organic Waste Generators, except for Multi-Family Residential Dwellings, shall periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
g. 
Commercial Businesses, including Multi-Family Residential Dwellings, shall annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.
h. 
Commercial Businesses, including Multi-Family Residential Dwellings, shall provide information as described in paragraph g in this subsection before or within 14 days of occupation of the premises to new tenants.
i. 
Commercial Businesses, including Multi-Family Residential Dwellings, shall provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with Subsection 21-3.13 to confirm compliance with the requirements of this section.
j. 
If a Commercial Business wants to self-haul, the Commercial business shall meet the Self-Hauler requirements of this Code, including Subsection 21-3.9.
k. 
Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, if generating two cubic yards or more of total Solid Waste per week (or other threshold defined by the State), shall require that any contract or work agreement between the owner, occupant, or operator of the Commercial Business and a gardening or landscaping service specify that the Organic Waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the Public Resources Code.
l. 
Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Subsection 21-3.6.
m. 
Nothing in this subsection shall be construed as classifying customers as commercial, residential, single family dwellings, or multi-family dwellings, for purposes of implementing a Franchise Agreement between the City and a Franchised Hauler.
[Added 11-1-2022 by Ord. No. 2348]
The City, at its discretion and in accordance with 14 CCR Section 18984.11, or as otherwise authorized by CalRecycle, may grant one or more of the following types of waivers to a Generator of Organic Waste:
a. 
De Minimis Waivers. The City may waive a Commercial Business' (including Multi-Family Residential Dwellings) obligations to comply with some or all of the Organic Waste requirements of this section if the Commercial Business makes an application and provides adequate documentation to the City demonstrating that the business generates below a certain amount of Organic Waste material as described below in paragraph a2. Commercial Businesses requesting a de minimis waiver shall:
1. 
Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in paragraph a2 below.
2. 
Provide documentation that either:
(a) 
The Commercial Business' total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business' total waste; or
(b) 
The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business' total waste.
3. 
Notify the City if circumstances change such that the Commercial Business' Organic Waste exceeds the threshold required for waiver, in which case the waiver will be rescinded. In addition, if the City obtains information at any time that a Commercial Business that has received a waiver is exceeding the Organic Waste thresholds set forth in paragraph a2 above, the City shall rescind the waiver.
4. 
Provide written verification of eligibility for a de minimis waiver every five years, if the City has approved a de minimis waiver.
b. 
Physical Space Waivers. The City may waive a Commercial Business' or property owner's obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements of this section if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this section.
Commercial Businesses or property owners requesting a physical space waiver shall:
1. 
Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver and provide documentation as noted below.
2. 
Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.
3. 
Notify the City if circumstances change such that Commercial Business has adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this section in which case the waiver will be rescinded. In addition, if the City obtains information at any time that a Commercial Business that has received a waiver has adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this section, the City shall rescind the waiver.
4. 
Provide written verification to the City that it is still eligible for a physical space waiver every five years, if the City has approved an application for a physical space waiver.
c. 
Collection Frequency Waivers. The City may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City's three-container Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both once every 14 days, rather than once per week.
d. 
The Enforcement Official will be responsible for review and approval of waivers.
[Added 11-1-2022 by Ord. No. 2348]
a. 
Tier One Commercial Edible Food Generators must comply with the requirements of this subsection commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply with the requirements of this subsection commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
b. 
Large Venue or Large Event operators, not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this subsection, commencing January 1, 2024.
c. 
Commercial Edible Food Generators shall comply with the following requirements:
1. 
Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
2. 
Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for:
(a) 
The collection of Edible Food for Food Recovery; or
(b) 
Acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
3. 
Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
4. 
Allow the City's designated enforcement entity or designated third party enforcement entity to access the premises and review records kept pursuant to 14 CCR Section 18991.4.
5. 
Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(a) 
A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(b) 
A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(c) 
A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(1) 
The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(2) 
The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(3) 
The established frequency that food will be collected or self-hauled.
(4) 
The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
d. 
If the Enforcement Official makes a request, then within 30 days of the request, Tier One Commercial Edible Foods Generators and Tier Two Commercial Edible Food Generators shall provide a Food Recovery report to the City that includes the following information:
1. 
A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
2. 
The quantity of food, measured in annual pounds recovered, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
3. 
The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
4. 
Any additional information required by the City or the City's Designee.
e. 
Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the State Education Code, and amended Section 114079 of the State Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time.)
[Added 11-1-2022 by Ord. No. 2348]
a. 
Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. 
The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
2. 
The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
3. 
The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
4. 
The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
b. 
Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. 
The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.
2. 
The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
3. 
The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.
c. 
If the Enforcement Official makes a request, then within 30 days of the request, Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).
d. 
Food Recovery Organizations and Food Recovery Services shall inform Generators about State and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
e. 
Food Recovery Capacity Planning — Food Recovery Services and Food Recovery Organizations. In order to support the City's cooperation with the County of Los Angeles in its conduct of Edible Food Recovery capacity planning assessments or other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
[Added 11-1-2022 by Ord. No. 2348]
a. 
Requirements for Haulers. Haulers, including Franchise Hauler, providing residential, Commercial, or industrial Organic Waste collection services to Generators within the City's boundaries shall meet the requirements and standards of 14 CCR, Division 7, Chapter 12 and the following requirements as conditions of approval of contract, agreement, or other authorization to collect Organic Waste:
1. 
Through written notice to the City, identify the facilities to which they will transport Organic Waste.
2. 
Comply with the applicable requirements of 14 CCR, Division 7, Chapter 12, Article 3.
3. 
Transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
4. 
Obtain applicable approval of the City pursuant to 14 CCR Section 18988.1 and keep a record of the documentation of its approval by the City.
b. 
Paragraph a of this subsection is not applicable to a hauler that consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the State Public Resources Code, is transporting Source Separated Organic Waste to a Community Composting site or to a hauler that is lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and applicable requirements of this Code.
c. 
Requirements for Facility Operators and Community Composting Operations.
1. 
Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days, unless a shorter timeframe is otherwise specified by the City.
2. 
Community Composting operators, upon the City's request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days, unless a shorter timeframe is otherwise specified by the City.
[Added 11-1-2022 by Ord. No. 2348]
In addition to any other requirements for Self-Haulers as contained in this Code:
a. 
Self-Haulers of Organic Waste shall comply with the requirements of 14 CCR Section 18988.3 and, to the extent such provisions do not conflict with the requirements of 14 CCR Section 18988.3, with the applicable self-hauling provisions of the Franchise Agreement.
b. 
Self-Haulers shall Source Separate all recyclable materials and Organic Waste (materials that the City otherwise requires Organic Waste Generators to separate for collection in the City's organics and recycling collection program in accordance with the Franchise Agreement) generated on-site from Solid Waste in a manner consistent with 14 CCR Section 18984.1, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
c. 
Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
d. 
Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:
1. 
Delivery receipts and weight tickets from the entity accepting the waste.
2. 
The amount of material in cubic yards or tons transported by the Generator to each entity.
3. 
If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
e. 
A Single-Family Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in paragraph d of this subsection.
f. 
Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in paragraph d of this subsection to the City, if requested.
[Added 11-1-2022 by Ord. No. 2348]
a. 
In addition to any other requirements of this section, the following requirements also apply:
1. 
For projects covered by the California Green Building Standards Code, 24 CCR, Part 11, the applicants must, as a condition of the City's permit approval, comply with the following:
(a) 
Where five or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the collection program offered by the City, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.
(b) 
Where new commercial construction or additions will result in more than 30% of the floor area, provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the collection program offered by the City, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.
b. 
For Organic Waste commingled with C&D, the requirements of 24 CCR Sections 4.408.1 and 5.408.1, as amended July 1, 2019 and effective January 1, 2020 shall be complied with.
[Added 11-1-2022 by Ord. No. 2348]
Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including Sections related to use of Compost and mulch, as amended September 15, 2015.
[Added 11-1-2022 by Ord. No. 2348]
Direct service providers to the City and all vendors providing Paper Products and Printing and Writing Papers shall comply with the City's policy regarding recovered Organic Waste product procurement, including Recycled-Content Paper procurement.
[Added 11-1-2022 by Ord. No. 2348]
a. 
City representatives and/or its designated entity, including Designees, are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from Generators, or Source Separated materials to confirm compliance with this section by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This subsection does not allow the City, its Designees or agents to enter the interior of a private residential property for inspection. For the purposes of inspecting Commercial Business containers for compliance with this section, the City may conduct container Inspections, including using Remote Monitoring, for Prohibited Container Contaminants.
b. 
A regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City representative and/or its designated entity, including Designee, during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this section described herein. Failure to provide or arrange for:
1. 
Access to an entity's premises;
2. 
Installation and operation of Remote Monitoring equipment; or
3. 
Access to records for any Inspection or investigation
is a violation of this section and may result in penalties described herein.
c. 
Any records obtained by the City during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in State Government Code Section 6250 et seq.
d. 
The City's representatives, its Designees and agents are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this section, subject to applicable laws.
e. 
The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints in accordance with 14 CCR Section 18995.3.
[Added 11-1-2022 by Ord. No. 2348]
a. 
Violation of any provision of this section that occurs on or after January 1, 2024 shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the Enforcement Official in accordance with 14 CCR Section 18995.4. Enforcement Actions under this section are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines set forth in Section 1-7 of this Code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this section and any rule or regulation adopted pursuant to this section, except as otherwise indicated in this subsection. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The City may pursue civil actions in the State courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.
The provisions of paragraph a do not apply to violations related to a Generator placing Prohibited Container Contaminants in containers, which the Enforcement Official and/or the City's Designee shall enforce through the notice provisions of 14 CCR Section 18984.5(b) and the contamination processing fees pursuant to the provisions of the applicable Franchise Agreement between the City and a Franchise Hauler.
b. 
Enforcement pursuant to this section may be undertaken by the Enforcement Official.
c. 
Penalty Amounts for Types of Violations. For the purposes of this section, the penalty levels for violations of the provisions of this section are as follows:
1. 
For a first violation, the penalty shall be $100 per violation.
2. 
For a second violation, the penalty shall be $200 per violation.
3. 
For a third or subsequent violation, the penalty shall be $500 per violation.
d. 
A Notice of Violation shall require compliance within 60 days of the issuance of the Notice of Violation.
e. 
Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. 
Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. 
Delays in obtaining discretionary permits or other government agency approvals; or,
3. 
Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies."