[Amended by Ord. No. 1204-21, eff. January 6, 2022]
For the purposes of this chapter, certain words and phrases
used herein are defined as follows:
Shall have the same meaning as in 14 CCR § 18982.2(a)(5)
and shall be used for the purpose of storage and collection of Source
Separated Recyclable Materials or Source Separated Blue Container
Waste.
The State of California Code of Regulations.
The California Department of Resources Recycling and Recovery.
The City of Avalon, California.
The City Council of Avalon, California.
The act of collecting solid waste, including recyclable materials
and organic waste, at or near the place of generation by a contractor
who has made arrangements with the generator for the collection of
solid waste, recyclable materials, and organic waste.
Any activity that composts organic waste, 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 § 17855(a)(4); or, as otherwise defined by 14
CCR § 18982(a)(8).
A review of records by the City to determine compliance with
this chapter.
Any bin, vessel, can, or receptacle used for collecting solid
waste, recyclable materials, and organic waste, for removal by an
authorized contractor.
A Container, regardless of color, that contains prohibited
container contaminants, or as otherwise defined in 14 CCR § 18982(a)(55).
Any person, firm, business, or corporation with whom the
City has an exclusive or non-exclusive contract pursuant to the provisions
of this article for the collection and disposal of solid waste, recyclable
materials, and organic waste.
The County of Los Angeles.
The place designated by a contractor for the collection of
recyclables. This location may be, but the City does not require that
it be, at the curbside of a residential neighborhood or the service
alley of a commercial enterprise.
A residence, including any flat, apartment, or other facility
intended to be and permitted to be used for housing one or more persons,
except "dwelling" does not include hospitals, hotels, motels, nursing
homes, or convalescent centers.
Food intended for human consumption, or as otherwise defined
in 14 CCR § 18982(a)(18). Edible Food is not solid waste
if it is recovered and not discarded.
An action of the City to address non-compliance including,
but not limited to, issuing administrative citations, fines, penalties,
or using other remedies.
The city manager, county administrative official, chief operating
officer, executing director, public works director, or other executive
in charge, or their authorized designees who is/are partially or wholly
responsible for enforcing this chapter.
Any hazardous waste or mixture of hazardous wastes which,
if human exposure should occur, may likely result in death, disabling
personal injury or illness during, or as a proximate result of, any
disposal of such waste or mixture of wastes because of its quality,
concentration, or chemical characteristics.
Food scraps separated from solid waste and offered for collection
by contractors, that will decompose and/or putrefy including:
Any person or other entity that is responsible for the initial
creation of solid waste.
Shall have the same meaning as in 14 CCR § 18982.2(a)(28)
and shall be used for the purpose of storage and collection of Gray
Container Waste.
Shall have the same meaning as in 14 CCR § 18982.2(a)(29)
and shall be used for the purpose of storage and collection of source
separated organic waste.
All tree and plant trimmings, prunings, grass cuttings, dead
plants, weeds, leaves, branches, and similar plant materials.
The Health Officer of the City or his or her duly authorized
deputy or representative.
A facility that is in compliance with the reporting requirements
of 14 CCR § 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 § 18815.5(e) for organic waste received
from the "mixed waste organic collection stream" as defined in 14
CCR § 17402(a)(11.5); or, as otherwise defined in 14 CCR
§ 18982(a)(33).
A site visit where the City reviews records, containers,
and an entity's collection, handling, recycling, or landfill
disposal of organic waste or edible food handling to determine if
the entity is complying with requirements set forth in this chapter,
or as otherwise defined in 14 CCR § 18982(a)(35).
Of, from, or pertaining to residential premises with five
or more dwelling units. Multifamily premises do not include hotels,
motels, or other transient occupancy facilities, which are considered
commercial businesses.
Every occupant or possessor of a premises in which a person
lives or resides.
A person or entity that is responsible for the initial creation
of organic waste, or as otherwise defined in 14 CCR § 18982(a)(48).
Solid wastes containing material originated from living organisms
and their metabolic waste products, including, but not limited to,
food waste, green waste, non-hazardous wood waste, and unwaxed, food-soiled
paper.
The record owner of a premises.
Shall mean, but is 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 § 18982(a)(51).
Any individual, firm, corporation, partnership, association,
or municipality.
All sites of residential real property upon which solid waste,
recyclable materials, or organic waste is produced or accumulates.
Shall mean, 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 § 18982(a)(54).
Any of the following:
Discarded materials placed in the blue container that are not
identified as acceptable source separated recyclable materials for
the City's Blue Container;
Discarded materials placed in the green container that are not
identified as acceptable source separated organic waste;
Discarded materials placed in the gray container that are acceptable
source separated recyclable materials and/or source separated organic
wastes to be placed in the blue container and/or green container;
and
Non-solid waste items placed in any container.
Products made from California, landfill-diverted recovered
organic waste processed in a permitted or otherwise authorized facility,
or as otherwise defined in 14 CCR § 18982(a)(60).
Those materials, including, but not limited to, newspapers,
newsprint, aluminum cans, corrugated cardboard, glass or plastic bottles
or containers, and metal, that may be separated on a commercially
reasonable basis from solid waste and returned 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.
The process of separating, collecting, sorting, cleansing,
treating, reconstituting, or otherwise processing materials that are
or would otherwise be disposed of in a landfill and returning them
to the economic mainstream in the form of raw material for new, reused,
or reconstituted products which meet the quality standards necessary
to be used in the marketplace.
Any residential dwelling or apartment house.
A visual inspection of containers along a hauler route for
the purpose of determining container contamination, and may include
mechanical inspection methods such as the use of cameras, or as otherwise
defined in 14 CCR § 18982(a)(65).
Senate Bill 1383 (Chapter 395, Statutes of 2016).
The unauthorized removal of recyclable materials which have
been placed in a container for collection.
A person who hauls solid waste, organic waste, or recyclable
materials he or she has generated to another person. Self-hauler also
includes a person who back-hauls waste, or as otherwise defined in
14 CCR § 18982(a)(66). 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 § 18982(a)(66)(A).
Of, from, or pertaining to any residential premises with
fewer than five units.
All putrescible and nonputrescible solid, semisolid, and
liquid wastes, including garbage, trash, refuse, 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 or semisolid wastes, and
other discarded solid and semisolid wastes.
A facility where solid waste is sorted, processed, treated,
or transferred.
Source separated wastes that can be placed in a blue container
that is limited to the collection of recyclable materials.
Source separated organic waste that can be placed in a green
container that is specifically intended for the separate collection
of organic waste by the generator, excluding source separated blue
container waste, carpets, non-compostable paper, and textiles.
The process of removing recyclable materials and organic
waste from solid waste at the place of generation, prior to collection,
and placing them into blue containers that are separately designated
for recyclable materials or green containers that are separately designated
for organic waste.
Any truck, trailer, semitrailer, conveyance, or vehicle used
to collect, hold, or transport solid waste, recyclables, or organic
waste upon and along the streets, roads, or highways of the City.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
No person other than a contractor or the City shall gather,
collect, or remove from any premises in the City any solid waste,
recyclables, or organic waste.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
The provisions of § 6-2.102 shall not apply to the hauling or disposal of green waste to or at a legal point of disposal as an incidental part of a gardening or landscaping service, provided that the disposal is undertaken by the gardening or landscaping service and not a separate business directly or indirectly hired for clean-up, removal, or hauling.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
It is hereby declared the intention of the City to provide for
the collection and removal of solid waste, recyclables, and organic
waste from premises within the City in accordance with the regulations
and provisions of this article and the rules, regulations, and provisions
of any resolution of the City adopted pursuant to the provisions of
this article and in accordance with the conditions and terms of any
contract entered into between the City and a contractor pursuant to
the provisions of this article.
A service charge for the collection, hauling, and disposal of
solid waste, recyclables, and organic waste shall be collected by
the contractor or City from each occupant or owner as provided by
resolution of the City Council.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
The contractor shall collect and remove from all premises as
required by any contract entered into between the City and a contractor
all solid waste, recyclables, and organic waste which are contained
in a container of the type required by the provisions of this article.
Such container, with the lid or cover securely closed, shall be placed
along the street curb in front thereof or along the alley in the rear
thereof, depending upon whether the prescribed route is along the
street or alley. The contractor shall also collect and remove from
all such premises contracting for such collection solid waste, or
recyclables which, by the provisions of this article, need not be
placed in a container.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
No person shall place, or cause to be placed, any container
at any place or in any manner other than as provided in this article.
No person shall place, or cause to be placed, any container on any
sidewalk, road, street, or alley on any day other than the day or
days established for collection of solid waste, recyclables, or organic
wastes on the particular route, and no person shall permit or cause
such container to remain there for more than 24 hours after the container
has been emptied. Any container placed for collection along a street
shall be placed between the curbline (or edge of the roadway) and
the property line as close to the curb or edge of the roadway as practicable.
Any container placed for collection in any alley shall be placed as
close to the property as practicable and shall not be placed in a
manner which would obstruct vehicular travel. No person shall place,
or cause to be placed, any container without a lid or cover or a lid
or cover that is not securely closed, except as permitted in § 6.2-110.
All newly-constructed multi-family dwellings in the City must
include an enclosure of adequate size to facilitate the placement
and collection of containers for the solid waste, recyclables, and
organic waste generated at those multi-family dwellings.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
No person occupying, using, or in charge of any premises shall
set out, or cause to be set out, for collection during any week solid
waste, recyclables, and organic waste other than solid waste, recyclables,
and organic waste originating on the premises, for collection.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
Containers used at premises shall be of such size, shape, and weight when filled that they may be readily lifted for emptying into the trucks of the contractor and free of all rough or jagged surfaces which may be likely to cause injury to persons lifting them. The container shall have a lid or other animal proof cover. Such in the event that the contract entered into between the City and a contractor contains standardized container sizes and specifications or requires occupants to utilize containers provided by the contractor, occupants shall comply with such requirements. Moreover, in the event that the contract entered into between the City and a contractor requires occupants to place solid waste, recyclables and/or organic waste in separate containers, all persons shall only place solid waste, recyclables or organic waste, as applicable, in each container and shall ensure that such container is properly placed for collection with the lid or cover securely closed. Container bodies and/or lids shall conform to the coloration requirements set forth in the SB 1383 Regulations and as further described in § 6-2.132.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
Every person having the charge or control of any premises where
solid waste, recyclables, and organic waste accumulates shall place
such solid waste, recyclables, and organic waste in a container; provided,
no single item placed for collection shall exceed five feet in length
and six inches in width. Tree trimmings, brush, shrubs, or other materials
susceptible to being bundled shall be securely tied in bundles not
heavier than 50 pounds nor more than five feet in length and 24 inches
in diameter. It shall be unlawful for any person having the charge
or control of any residential premises to dispose or attempt to dispose
of appliances, furniture and furnishings, televisions, monitors, computer
equipment and related electronics, construction materials and debris,
including but not limited to concrete, plaster, asphalt, at any place
or time other than directly to the landfill facility or as otherwise
directed by the City or the contractor. All container lids or covers
shall remain closed and secured, except when one is depositing solid
waste, recyclables, or organic waste, as applicable.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
After each emptying and before any container used for solid
waste, recyclables, or organic waste is again used, such container
shall be thoroughly cleaned, and all grease and adherent materials
shall be removed by the occupant.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
In addition to the requirements set forth in § 6-2.113 of this article, all trucks and equipment of the contractor used in the City shall be maintained at all times in good mechanical condition. The sides and covers of such trucks shall be so constructed, used, and maintained that solid waste, recyclables, or organic waste will not blow, fall, or be dislodged from the truck into the streets of the City at any time. If operated pursuant to a contract with the City, such trucks shall be of the type and kind as designated by the Council by ordinance or resolution. When not in use, such trucks and equipment shall be parked or stored in an area approved by the City.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
The bodies of all trucks transporting solid waste, recyclables,
or organic waste along any public road, street, alley, or highway
in the City shall have a minimum covering of metal or a clean tarpaulin
or otherwise ensure that solid waste, recyclables, or organic waste
remain within the truck during transport to the place of disposal.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
All trucks and equipment shall be cleaned and washed as provided
for in the contract between the City and contractor.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
The contractor shall carry on each truck a broom, shovel, and
such other equipment necessary to clean and pick up any debris of
any sort deposited upon the streets, roads, highways, alleys, sidewalks,
or private property by reason of the activity of the contractor. The
contractor shall clean, pick up, haul away, and dispose of any debris
left or deposited upon the streets, roads, highways, alleys, sidewalks,
or private property within the City by reason of the activities of
the contractor.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
The contractor shall return all containers in an upright position
to the approximate location where found by the contractor and without
any unnecessary wear, tear, or damage to the container.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
(a)
Prohibition Against Tampering with Containers. No person, other than
the owner, occupant, their agents, or an officer or employee of the
City, or the contractor and its employees, shall tamper with any container,
or the contents thereof, or remove the contents of any such container,
or remove any such container from the location where the same shall
have been placed by the owner thereof or his or her agent.
(b)
Prohibition Against Scavenging.
(1)
When recyclables have been placed in a container, such recyclables
shall become the property of the City or its contractor, as set forth
in the parties' contract, and shall be used for recycling purposes.
No person other than the employee(s) or agents of the City or contractor
acting in the scope of their employment or agency shall scavenge or
otherwise remove recyclables from a container, or transport such materials
over the public street, except that any occupant may remove recyclables
which have been generated on his or her premises.
(2)
No person shall appropriate or remove from any place or premises
in the City, any Recyclable container provided by the City or the
contractor for the purposes of storage and collection of recyclables.
No person shall utilize any such Recycling container for any purpose
other than the collection and removal of recyclables by the City or
the contractor.
(c)
Enforcement. Any person, firm, or corporation, whether as principal,
agent, employee or otherwise, violating any provision of this chapter
is guilty of a misdemeanor.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
All employees of the contractor shall be dressed uniformly or
as otherwise permitted in the contact between the City and contractor.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
No solid waste, recyclables, or organic waste collection truck
shall be operated in the City by any person unless the owner thereof
has filed the following information in writing with the City:
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
All rights and privileges of the contractor set forth are granted
pursuant to the provisions of this article and conditioned on the
contractor's having on deposit with the City Clerk at all times
during the term of said contract a valid, unexpired bond, approved
by the City Attorney, in cash or corporate surety, in favor of the
City in the amount set forth in the contractor's contract with
the City.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
Every contractor authorized to collect and remove solid waste, recyclable materials, and organic waste pursuant to this chapter and every individual operating for hire a collection within the City shall maintain a policy of public liability insurance pursuant to §§ 1-6.01 and 1-6.02 of the Avalon Municipal Code.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
No person shall pay, nor shall any contractor charge, more than
the rate specified for service for solid waste, recyclable materials,
or solid waste collection or disposal or processing as such rate is
set forth in the contract between the City and the contractor or applicable
fees adopted by the City Council of the City of Avalon.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
No person shall cause or permit:
(a)
Any animal or vegetable matter, filth, slop, stagnant water, or other
waste or matter which is, or which is liable to become, putrid or
offensive, or which is, or which is liable to become, a fire menace
or a menace to health or safety or an attraction to rodents to accumulate
at any premises for a period in excess of one calendar week, excluding
combustible solid waste of salvageable value;
(b)
Solid waste, recyclables, or organic waste to accumulate at any premises
for a period in excess of 15 days; and
(c)
The burying or burning of solid waste or recyclables.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
The accumulation of solid waste, recyclables, or organic waste
by any person beyond the periods specified in this article or in a
manner other than as specified in this article is hereby declared
to be a nuisance pursuant to the provisions of § 38771 of
the Government Code of the State. The Council, pursuant to the provisions
of § 38773 of the Government Code of the State, hereby provides
for the summary abatement of such nuisance at the expense of the person
creating, causing, or maintaining such nuisance as follows:
(a)
If the Health Officer shall make a report to the City that a certain
person at a certain address is maintaining a nuisance as defined in
this section, the City shall, within five days, notify such person
and the owner of such property in writing of the fact that he or she
is conducting a nuisance as defined in this section and requiring
him or her, within 10 days, to abate or cause such nuisance to be
abated within the legal means as provided for in this article.
(b)
If, at the end of such ten-day period, such person has not removed
or caused to be abated such nuisance, the City shall have the power
and authority to authorize the contractor, City employees or any City
agent to enter the premises of such person and remove and abate such
nuisance and charge the City for the cost of the removal and abatement
of such nuisance.
(c)
Thereafter, if such person shall continue to allow solid waste, recyclables,
or organic waste to accumulate for periods beyond those specified
in this section, the City shall have the power to order the contractor,
City employees or any City agent to continue to enter such premises
and remove and abate such nuisance, charging the City for the cost
thereof.
(d)
The charge or cost of the abatement of such nuisance by the City
shall constitute a lien against the property occupied by the person
maintaining such nuisance and a personal obligation against the owner
pursuant to the provisions of § 38773 of the Government
Code of the State.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
The Council may make such rules not inconsistent with the provisions
of this article or the contract between the City and the contractor
as may be necessary, reasonable, and proper to effect the expedient,
economical, and efficient collection and removal of solid waste recyclables,
and organic waste by the contractor.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
In the event the contractor shall breach or fail to perform
any of the terms, conditions, or provisions of this article, or of
the contract, or of any resolution made pursuant to the provisions
of this article, the Council may, in its discretion, pursue or use
any and all legal or equitable remedies it may have by reason of such
breach or failure to perform.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
Construction and demolition debris, as defined in § 6-2.401, shall be disposed of pursuant to the provisions of this chapter to the extent consistent with the provisions of Article 4 of this chapter. In the event of any conflict or inconsistency, the terms of Article 4 shall control.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
(a)
Single-family organic waste generators shall comply with the following
requirements.
(1)
Subscribe to the City's organic waste collection services.
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 through backyard residential
composting, and/or using a community composting site.
(2)
Participate in the City's organic waste collection services
by placing designated materials in designated containers.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
(a)
Single-family organic waste generators shall comply with the following
requirements.
(1)
Be automatically enrolled in the City's integrated waste
collection services with a source separated blue recyclable materials
container, with a source separated green organic waste container,
and with a source separated gray solid waste container, approved by
the public works director or his or her designee. City shall have
the authority to change the minimum required levels of service over
time. City shall have the right to review the number, size, and location
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 generator shall adjust
its service level for its collection services as requested by the
City.
(2)
Participate in the City's three-container system for source
separated blue container recyclable materials, source separated green
container organic materials, and gray container collection services.
Generator participation in the collection programs requires that generators
place source separated green container organic waste, including food
waste, in the green container; source separated recyclable materials
in the blue container; and solid waste in the gray container. Generators
shall not place materials designated for the gray container into the
green container or blue container, nor place materials designated
for the green container or blue container into the gray container.
(3)
Nothing in this section prohibits a generator from preventing
or reducing waste generation, managing organic waste through backyard
residential composting, and/or using a community composting site.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
(a)
Requirements for Haulers.
(1)
Haulers shall meet the following requirements and standards
as a condition of approval of a solid waste franchise, permit, or
other authorization with the City to collect organic waste:
a.
Through written notice to the City annually, on or before June
1, identify the facilities to which they will transport organic waste,
including facilities for source separated recyclable materials and
source separated green container organic waste.
b.
Transport source separated recyclable materials, source separated
green container organic waste, and mixed waste to a facility, operation,
activity, or property that recovers organic waste as defined in 14
CCR, Division 7, Chapter 12, and Article 2.
c.
Obtain approval from the City to haul organic waste, unless
transporting source separated organic waste to a community composting
site or lawfully transporting construction and demolition debris.
(2)
Haulers authorized to collect organic waste shall comply with
education, equipment, signage, container-labeling, container color,
contamination monitoring, reporting, and other requirements as specified
by their respective permits or other agreements entered into with
the City.
(b)
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.
(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.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
(a)
Self-haulers shall source separate all recyclable materials and organic
waste generated on-site from solid waste in a manner consistent with
14 CCR §§ 18984.1 and 18984.2, or shall haul organic
waste to a high diversion organic waste processing facility.
(b)
Self-haulers shall haul their source separated recyclable materials
to a facility that recovers those materials, and shall haul their
source separated green container 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.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
(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 chapter by organic waste generators, Commercial Businesses
(including multi-family residential dwellings), property owners, Commercial
Edible Food generators, self-haulers, hauler, Food Recovery Service,
and Food Recovery Organizations, subject to applicable laws. This
Section does not allow the City to enter the interior of a private
residential property for inspection.
(b)
The regulated entity shall provide or arrange for access during all
inspections (with the exception of residential property interiors)
and shall cooperate with the City's employee or its 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
described herein. Failure to provide or arrange for:
(c)
Any records obtained by the City during its inspections and other
reviews shall be subject to the requirements and applicable disclosure
exemptions of the Public Records Act as set forth in Government Code
§ 6250 et seq.
(d)
City representatives or its designee are authorized to conduct any
inspections or other investigations as reasonably necessary to further
the goals of this chapter, subject to applicable laws.
(e)
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. Contractors shall relay to City all
written complaints they receive concerning acts or omissions of themselves
or another entity that is potentially non-compliant with SB 1383 Regulations,
including anonymous complaints.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
(a)
Violation of any provision of this chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by an enforcement officer. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The procedures set forth in Chapter 1-9 of the Avalon Municipal Code shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.
(b)
City may seek all other remedies allowed by law, including civil
action or prosecution for an alleged misdemeanor or infraction. City
may pursue civil actions in the California courts to seek recovery
of unpaid administrative citations.
(d)
Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Section 1-9.06 of the Avalon Municipal Code.
(e)
Education Period for Non-Compliance. Beginning January 1, 2022 and
through December 31, 2023, the City will conduct inspections, route
reviews or waste evaluations, and compliance reviews, depending upon
the type of regulated entity, to determine compliance, and if the
City determines that Organic Waste Generator, self-hauler, hauler,
Tier One Commercial Edible Food Generator, Tier Two Commercial Edible
Food Generator, Food Recovery Organization, Food Recovery Service,
or other entity is not in compliance, it shall provide educational
materials to the entity describing its obligations under this chapter
and a notice that compliance is required as of January 1, 2022, and
that violations may be subject to administrative civil penalties starting
on January 1, 2024.
(f)
Civil Penalties for Non-Compliance. Beginning January 1, 2024, if
the City determines that an Organic Waste Generator, self-hauler,
hauler, Tier One or Tier Two Commercial Edible Food Generator, Tier
Two Commercial Edible Food Generator, Food Recovery Organization,
Food Recovery Service, or other entity is not in compliance with this
chapter, it shall document the noncompliance or violation, issue a
Notice of Violation, and take enforcement action pursuant to this
chapter.
(g)
This chapter shall be interpreted consistent with the City's
regulatory authority and shall only apply to local education agencies
and other entities to the extent permitted by law, including SB 1383
Regulations.
