All refuse collection service from all places and premises shall
be by the city or its agent, and it shall be mandatory for all occupants
or persons in possession, charge or control of such places and premises
in the city in or from which refuse is created, accumulated or produced
to use the city's collection service; provided, however, that
there may be joint or multiple use of refuse containers, subject to
authorization therefor pursuant to rules and regulations as established
by the council. It is unlawful for any person other than authorized
agents or employees of the city to collect, remove or dispose of refuse
in the city; provided, however, that nothing contained herein shall
prevent the use of garbage disposal devices as permitted by the city.
(Ord. 770 § 2, 2022)
The city council may let contracts for the accumulation and
disposal of refuse as provided for in this chapter and may, as a condition
for granting such contract, require a bond from the contractor in
an amount determined by the council for the faithful performance of
such agreement. In case the contractor fails or refuses to conform
to the conditions of such agreement in this chapter, the city council,
at its option and after hearing, of which the contractor shall have
ten days' notice in writing, may terminate such agreement and
let the contract to another person being more capable of carrying
out the terms of such agreement. In letting contracts for refuse disposal,
the city council shall not be required to let the same to the lowest
bidder, but shall be free to let such contract to the person best
suited to comply with the terms and intent of this chapter.
All refuse accumulated in the city shall be collected, conveyed
and disposed of by the city or its agents. No other person shall collect,
convey over any of the streets or alleys of the city, or dispose of
any refuse accumulated in the city. Collectors of refuse from outside
the city shall not be prohibited from hauling such refuse over city
streets, provided such collectors comply with the provisions of this
chapter and other applicable rules and regulations.
(Ord. 770 § 2, 2022)
The following words and phrases whenever used in this chapter
shall be construed as defined in this section:
means any person or business entity which lawfully collects,
accepts, transports or otherwise processes recyclable materials from
generators for a fee or profit through a proper permit, business license
or other regulatory structure or authorization issued by the city.
has the same meaning as in 14 CCR Section 18982(a)(28) and
shall be used for the purpose of storage and collection of black container
waste. This definition shall be interchangeable with "gray container."
means solid waste that is collected in a black container
that is part of the three- container organic waste collection service
that prohibits the placement of organic waste in the black container
as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise
defined in 14 CCR Section 17402(a)(65). This definition shall be interchangeable
with "gray container waste."
has the same meaning as in the 14 CCR Section 18982(a)(5)
and shall be used for the purpose of storage and collection of source
separated recyclable materials or source separated blue container
organic waste.
means any commercial entity, including, but not limited to:
proprietorship, firm partnership, person in representative or fiduciary
capacity, capacity, association, venture, trust, corporation which
is organized for financial gain or for profit; or nonprofit corporation
or entity, or industrial or manufacturing, restaurant, retail facility,
markets, office buildings, hotels, motels, shopping centers, and theaters.
means California's Department of Resources Recycling
and Recovery, which is the department designated with responsibility
for developing, implementing, and enforcing SB 1383 regulations on
cities (and others).
means city of Loma Linda.
means the city manager of the city of Loma Linda or any person
designated by the city manager.
means the city manager, or other executive in charge or their
authorized designee(s) who is/are partially or wholly responsible
for enforcing this chapter.
means the employee charged by the city with the responsibility
for the enforcement of the Loma Linda Municipal Code, ordinances and
regulations.
means to take physical possession of and remove solid waste
or recyclable materials at the place of generation.
includes and means magazines, books, hats, trimmings from
lawns, trees and flower gardens, pasteboard boxes, rags, paper, straw,
sawdust, packing material, shavings, boxes and all such material that
will incinerate through contact with flames of ordinary temperature.
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for profit or nonprofit, strip
mall, industrial facility, or a multifamily residential dwelling,
or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily
residential dwelling that consists of fewer than five units is not
a commercial business for purposes of implementing this chapter.
includes a tier one or a tier two commercial edible food
generator as defined herein below in this section or as otherwise
defined in 14 CCR Sections 18982(a)(73) and (a)(74). 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).
means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and compost on site
at any one time does not exceed one hundred cubic yards and seven
hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4),
or as otherwise defined by 14 CCR Section 18982(a)(8).
means a review of records by city to determine compliance
with this chapter.
has the same meaning as in 14 CCR Section 17896.2(a)(4),
which stated, as of the effective date of this chapter, that "compost"
means the product resulting from the controlled biological decomposition
of organic solid wastes that are source separated from the municipal
solid waste stream, or which are separated at a centralized facility.
or "compostable plastic" means plastic materials
that meet the ASTM D6400 standard for compostability, or as otherwise
described in 14 CCR Section 18984.l (a)(1)(A) or 18984.2(a)(1)(C).
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).
means construction and demolition debris.
means a generator that contracts for solid waste removal
services and enters into a service agreement with a franchised hauler
or authorized recycler for recycling services. In the event a business,
nonresidential property or commercial facility shares solid waste
or recycling containers and/or service, "customer" refers
only to the entity that arranges for service.
means an entity that city contracts with or otherwise arranges
to carry out any of the city's responsibilities of this chapter
as authorized in 14 CCR Section 18981.2. A designee may be a government
entity, a hauler, a private entity, or a combination of those entities.
means director of public works or the director's designee.
means the final disposition of solid waste at a permitted
landfill or other permitted solid waste disposal facility, as defined
in California Public Resources Code Section 40192.
means the final reduction or elimination of solid waste from
solid waste disposal in accordance with California Public Resources
Code Section 40192.
means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
means an action of the city to address noncompliance with
this chapter, including, but not limited to, issuing administrative
citations, fines, penalties, or using other remedies.
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, without limitation:
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 city'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 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 multifamily
solid waste after implementation of programs for the safe collection,
processing, recycling, treatment, and disposal of batteries and paint
in compliance with Sections 41500 and 41802 of the California Public
Resources Code.
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).
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).
means an entity that engages in the collection or receipt
of edible food from commercial edible food generators and distributes
that edible food to the public for food recovery either directly or
through other entities or as otherwise defined in 14 CCR Section 18982(a)(25),
including, but not limited to:
A food bank as defined in Section 113783 of the Health and Safety
Code;
A nonprofit charitable organization as defined in Section 113841
of the Health and Safety Code; and
A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code.
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 chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
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.
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 l 8982(a)(27).
is compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates,
paper coffee cups, napkins, pizza boxes, and milk cartons.
means food scraps, food-soiled paper, and compostable plastics.
means commercial solid waste collection franchise contracted
for or issued by the city to a hauler.
means a hauler holding a franchise, contract, license or
permit issued by the city which authorizes the exclusive or nonexclusive
right to provide solid waste handling servicers within all or part
of the city boundaries of the city.
means an owner or responsible party for a commercial facility(ies)
or business, including nonresidential property which generates recyclable
or compostable materials as a result of its business, commercial facility(ies)
or property activity. Generator may also include tenants, property
managers for facilities with leased space, employees and contractors
of the generator, as well as a responsible party for special events.
Generator also includes the city, its facilities, its nonresidential
properties and special events, its sponsors or cosponsors.
has the same meaning as in 14 CCR Section 18982(a)(28) and
shall be used for the purpose of storage and collection of gray container
waste.
has the same meaning as in 14 CCR Section 18982.2(a)(29)
and shall be used for the purpose of storage and collection of source
separated green container organic waste.
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).
means any person or commercial entity which lawfully collects,
hauls, or transports solid waste for a fee by use of any means, including,
but not limited to, a dumpster truck, roll-off truck, side-load, front-
load, rear-load hauler truck or trailer.
means the designated itinerary or sequence of stops for each
segment of the city of Loma Linda's collection service area,
or as otherwise defined in 14 CCR Section 18982(a)(31.5).
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 fifty
percent between January 1, 2022 and December 31, 2024, and seventy-five
percent after January 1, 2025, as calculated pursuant to 14 CCR Section
18815.5(e) for organic waste received from the "mixed waste
organic collection stream" as defined in 14 CCR Section 17402(a)(11.5);
or as otherwise defined in 14 CCR Section 18982(a)(33).
means a site visit where city reviews records, containers,
and an entity's collection, handling, recycling, or landfill
disposal of organic waste or edible food handling to determine if
the entity is complying with requirements set forth in this chapter,
or as otherwise defined in 14 CCR Section 18982(a)(35).
means a permitted disposal site which accepts solid waste.
means an event, including, but not limited to, a sporting
event or a flea market, that charges an admission price, or is operated
by a local agency, and serves an average of more than two thousand
individuals per day of operation of the event, at a location that
includes, but is not limited to, a public, nonprofit, or privately
owned park, parking lot, golf course, street system, or other open
space when being used for an event. If the definition in 14 CCR Section
18982(a)(38) differs from this definition, the definition in 14 CCR
Section 18982(a)(38) shall apply to this chapter.
means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR, Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.
means a school district, charter school, or county office
of education that is not subject to the control of city or county
regulations related to solid waste, or as otherwise defined in 14
CCR Section 18982(a)(40).
or "multifamily" means of, from, or pertaining
to residential premises with five or more dwelling units. Multifamily
premises do not include hotels, motels, or other transient occupancy
facilities, which are considered commercial businesses.
refers to the Model Water Efficient Landscape Ordinance (MWELO),
23 CCR, Division 2, Chapter 2.7.
includes, but is not limited to, paper that is coated in
plastic material that will not break down in the composting process,
or as otherwise defined in 14 CCR Section 18982(a)(41).
means the following entities that are not subject to the
city's enforcement authority, or as otherwise defined in 14
CCR Section 18982(a)(42):
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).
includes and means every owner, tenant, occupant or person
having the care or control of any premises within the city.
means solid wastes containing material originated from living
organisms and their metabolic waste products, including, but not limited
to, food, green material, landscape and pruning waste, organic textiles
and carpets, lumber, wood, paper products, printing and writing paper,
manure, biosolids, digestate, and sludges, or as otherwise defined
in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined
by 14 CCR Section 18982(a).
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).
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).
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).
means the following: (1) discarded materials placed in the
blue container that are not identified as acceptable source separated
recyclable materials for the city's blue container; (2) discarded
materials placed in the green container that are not identified as
acceptable source separated green container organic waste for the
city's green container; (3) discarded materials placed in the
black container that are acceptable source separated recyclable materials
and/or source separated green container organic wastes to be placed
in city's green container and/or blue container; and (4) excluded
waste placed in any container.
means products made from California, landfill diverted recovered
organic waste processed in a permitted or otherwise authorized facility,
or as otherwise defined in 14 CCR Section 18982(a)(60).
means paper products and printing and writing paper that
consists of at least thirty percent, by fiber weight, postconsumer
fiber, or as otherwise defined in 14 CCR Section 18982(a)(61). "Remote
monitoring" means the use of the Internet of Things (IoT) and/or
wireless electronic devices to visualize the contents of blue containers,
green containers, and black containers for purposes of identifying
the quantity of materials in containers (level of fill) and/or presence
of prohibited container contaminants.
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).
means a visual inspection of containers along a hauler route
for the purpose of determining container contamination, and may include
mechanical inspection methods such as the use of cameras, or as otherwise
defined in 14 CCR Section 18982(a)(65).
means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7,
and 39730.8 to the Health and Safety Code, and added Chapter 13.1
(commencing with Section 42652) to Part 3 of Division 30 of the Public
Resources Code, establishing methane emissions reduction targets in
a statewide effort to reduce emissions of short-lived climate pollutants
as amended, supplemented, superseded, and replaced from time to time.
means a person, who hauls solid waste, organic waste or recyclable
material he or she has generated to another person. Self-hauler also
includes a person who back-hauls waste, or as otherwise defined in
14 CCR Section 18982(a)(66). 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).
means of, from, or pertaining to any residential premises
with fewer than five units. "Solid waste" has the same
meaning as defined in State Public Resources Code Section 40191, which
defines solid waste as all putrescible and non-putrescible solid,
semi-solid, 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 semi-solid wastes,
with the exception that solid waste does not include any of the following
wastes:
Hazardous waste, as defined in the State Public Resources Code
Section 40141.
Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code.
Medical waste regulated pursuant to the State 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.
means materials, including commingled recyclable materials
that have been separated or kept separated 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(6)(4). For the purposes of this chapter, source
separated shall include separation of materials by the generator,
property owner, property owner's employee, property manager
or property manager's employee into different containers for
the purpose of collection such that source separated materials are
separated from black container or other solid waste for the purposes
of collection and processing.
means source separated organic wastes that can be placed
in a blue container that is limited to the collection of those organic
wastes and non-organic recyclables as defined in Section 18982(a)(43),
or as otherwise defined by Section 17402(a)(18.7).
means source separated organic waste that can be placed in
a green container that is specifically intended for the separate collection
of organic waste by the generator, excluding source separated blue
container organic waste, carpets, non-compostable paper, and textiles.
means source separated non-organic recyclables and source
separated blue container organic waste.
means the state of California.
means a full-line, self-service retail store with gross annual
sales of two million dollars, or more, and which sells a line of dry
grocery, canned goods, or nonfood items and some perishable items,
or as otherwise defined in 14 CCR Section 18982(a)(71).
means a commercial edible food generator that is one of the
following:
means a commercial edible food generator that is one of the
following:
Restaurant with two hundred fifty or more seats, or a total
facility size equal to or greater than five thousand square feet.
Hotel with an on-site food facility and two hundred or more
rooms.
Health facility with an on-site food facility and one hundred
or more beds.
Large venue.
Large event.
A state agency with a cafeteria with two hundred fifty or more
seats or total cafeteria facility size equal to or greater than five
thousand square feet.
or "uncontainerized service" means a collection
service that collects green waste and yard waste that is placed in
a pile or bagged for collection on the street in front of a generator's
house or place of business for collection and transport to a facility
that recovers source separated organic waste, or as otherwise defined
in 14 CCR Section 18982(a)(75).
means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables)
is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination, or as otherwise defined
in 14 CCR Section 18982(a)(76).
(Ord. 770 § 2, 2022)
Fees for the service collection of refuse shall not exceed those
ceilings as established by resolution by the city council.
(Ord. 770 § 2, 2022)
The keeping of solid waste or source separated materials in
containers other than containers prescribed by this chapter or the
keeping upon premises of solid waste or source separated materials
which is allowed to become offensive and noisome, shall constitute
a public nuisance and may be abated in the manner provided by law
for the abatement of nuisances.
(Ord. 770 § 2, 2022)
It shall be the duty of every owner, lessee, manager and/or
person in possession, charge or control of a building on any premises
in the city to maintain at all times the hauler-provided convenient
portable solid waste and source separated containers upon said premises.
(Ord. 770 § 2, 2022)
Each solid waste and source separated material container shall
be of sound construction and shall be watertight and shall have no
ragged or sharp edges or any other defect liable to hamper or injure
the person collecting the contents of the container. Containers shall
be provided by the hauler.
(Ord. 770 § 2, 2022)
All containers shall have a tight-fitting cover. The covers
shall not be removed from containers except when necessary to place
solid waste or source separated materials therein or to remove refuse
therefrom; at all other times, said cover shall be in place on said
container.
(Ord. 770 § 2, 2022)
Each container shall be kept in or placed in such a manner as
not to be visible from the public street and so as to be easily accessible
to the hauler collector; provided, that during or for the time fixed
for the collection of solid waste or source separated materials from
said containers, such containers shall be kept or placed as follows:
A.
Near
Alley. Where there is an alley other than a blind alley in the rear
of such premises, such container(s) shall be placed on the premises,
within five feet of the rear property line.
B.
On Curb.
Where there is no alley other than a blind alley in the rear of the
premises, each container shall be placed immediately behind the curb
on a public street, in front of the premises. Where no curb exists,
containers shall be placed in a position as though a curb did exist.
(Ord. 770 § 2, 2022)
No person shall place any container in any street, alley, sidewalk,
court or other public way in the city at any time other than the regular
time for collection service. Every person who so places a container
for the purpose of solid waste or source separated materials collection
shall place the container(s) no earlier than sundown prior to the
date of collection and shall remove same no later than seven p.m.
of the day of collection.
(Ord. 770 § 2, 2022)
No person shall deposit or cause or permit to be deposited any
solid waste or source separated materials upon or in any public street,
alley or other public place, or upon any premises in the city, except
in appropriate containers as provided in this chapter.
(Ord. 770 § 2, 2022)
For collection of unusual accumulations of solid waste or source
separated materials, or collection from locations not otherwise provided
for in this chapter, reasonable collection charges may be charged
as shall be agreed upon by the hauler contractor and the customer;
provided, that in all cases where a dispute arises as to the rate
charged or to be charged for such unusual collection service, the
matter shall be referred to the city council which shall determine
and fix a maximum ceiling for such charge.
(Ord. 770 § 2, 2022)
The contractor shall collect solid waste or source separated
materials from receptacles belonging to the city. The city shall keep
containers at appropriate public locations within the city, including,
but not limited to, parks, playgrounds, and public sidewalks in business
areas, civic center, and other locations frequented by the public.
After each holiday and other days when such parks and playgrounds
have extraordinary use, collections shall be made. Regular collection
shall be made once a week or on a greater frequency as necessary in
order to ensure adequate service. Such collection shall be performed
without charge to the city.
(Ord. 770 § 2, 2022)
It is unlawful for any person, other than the owner or person
responsible for the container(s) or any officer, agent, or employee
of such person or of the city or its agents, to interfere in any manner
with any container or to remove any container or any of its contents
or materials from the location where it was placed by the owner thereof.
(Ord. 770 § 2, 2022)
No person shall place or cause or permit to be placed in any
solid waste or source separated materials container any substance
or material other than solid waste or source separated materials as
defined in this chapter.
(Ord. 770 § 2, 2022)
All vehicles used in collecting and transporting solid waste
or source separated materials shall be provided with metal bodies
and shall be so constructed as to be watertight and to prevent the
loss of any contents being collected or transported therein upon the
streets, alleys and other public ways in the city. Such vehicle shall
be thoroughly cleansed daily so as to reduce or eliminate odors and
decayed or rotten materials.
(Ord. 770 § 2, 2022)
Multifamily residential, commercial and industrial units shall
have their solid waste or source separated materials collected in
the same manner and subject to such rate ceilings as the city council
may adopt for various levels of service. The frequency of collection
shall be negotiated individually but shall be collected at least once
a week.
(Ord. 770 § 2, 2022)
A.
Where
practical difficulties or results inconsistent with the general purposes
of this chapter would occur from its strict literal enforcement, the
city council may grant a waiver from certain or all of its provisions,
upon such terms and conditions as it deems necessary. A written application
for waiver shall be filed with the city clerk setting forth provisions
the applicant seeks to be exempt from and setting forth with specificity
the reasons why such waiver should be granted. The following shall
be the acceptable waivers for generators that may be approved by the
city:
1.
De
Minimis Waivers. The city of Loma Linda may, at its discretion, waive
a commercial business's obligation (including multifamily residential
dwellings) to comply with some or all of the organic waste requirements
of this chapter if the commercial business:
a.
Submits an application specifying the services that they are requesting
a waiver from; and
b.
Provides documentation that either:
i.
The commercial business's 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 twenty
gallons per week per applicable container of the business's
total waste; or
ii.
The commercial business's 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
ten gallons per week per applicable container of the business's
total waste; and
c.
Notifies the city of Loma Linda if circumstances change such that
commercial business's organic waste exceeds the threshold required
for waiver, in which case waiver will be rescinded; and
d.
Provides written verification of eligibility for de minimis waiver
every five years, if the city of Loma Linda has approved de minimis
waiver.
2.
Physical
Space Waivers. The city of Loma Linda may, at its discretion, waive
a commercial business's or property owner's obligations
(including multifamily residential dwellings) to comply with some
or all of the recyclable materials and/or organic waste collection
service requirements if the city of Loma Linda has evidence from its
own staff, a hauler, licensed architect, or licensed engineer demonstrating
that the premises lack adequate space for the collection containers
required for compliance with the organic waste collection requirements
of this chapter. A commercial business or property owner may request
a physical space waiver through the following process:
a.
Submit an application form specifying the type(s) of collection services
for which they are requesting a compliance waiver.
b.
Provide documentation that the premises lack adequate space for blue
containers and/or green containers, including documentation from its
hauler, licensed architect, or licensed engineer.
c.
Provide written verification to the city of Loma Linda that it is
still eligible for physical space waiver every five years, if the
city of Loma Linda has approved application for a physical space waiver.
3.
Collection
Frequency Waiver. The city of Loma Linda, at its discretion and in
accordance with 14 CCR Section 18984.11(a)(3), may allow the owner
or tenant of any residence, premises, business establishment or industry
that subscribes to the city of Loma Linda's three-container
organic waste collection service to arrange for the collection of
their blue container, gray container, or both once every fourteen
days, rather than once per week.
B.
Self Haul Permits. Notwithstanding the requirements of Sections 8.12.010 and 8.12.020, the person responsible for day-to-day operations of any premises within the city, or the occupant thereof, may apply for a self-hauling permit to remove refuse or other waste matter from his or her own premises. Such a permit may be issued by the city public works department upon the payment of a fee as authorized by resolution of the city council of the city of Loma Linda, upon the showing that the proposed permittee owns an enclosed pickup truck or similar enclosed vehicle and upon proof of the permittee's compliance with this chapter of the municipal code of the city of Loma Linda by providing weekly receipts from an authorized landfill on a monthly basis. The permit shall be subject to revocation upon any violation of this chapter. The permittee shall have the right to dispute the revocation by appeal to the director of public works or designee within ten days of notice of revocation. The decision of the director of public works or designee shall be final.
C.
In addition
to any other requirements for self-haulers as contained in Section
8.12.190(B), the following shall also apply:
1.
Authorized
self-haulers shall source separate all recyclable materials and organic
waste (materials that the city of Loma Linda otherwise requires generators
to separate for collection in the city of Loma Linda's organics
and recycling collection program) generated on site from solid waste
in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or
shall haul organic waste to a high diversion organic waste processing
facility as specified in 14 CCR Section 18984.3.
2.
Self-haulers
shall haul their source separated recyclable materials to a facility
that recovers those materials; and 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.
3.
Self-haulers
that are commercial businesses (including multifamily 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 of Loma Linda. The records shall include
the following information:
a.
Delivery receipts and weight tickets from the entity accepting the
waste.
b.
The amount of material in cubic yards or tons transported by the
generator to each entity.
c.
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 selfhauler is not required to record the weight of material
but shall keep a record of the entities that received the organic
waste.
D.
No person
shall provide services as a hauler of recyclables within the boundaries
of the city without being a franchised hauler with the city.
(Ord. 770 § 2, 2022)
Single-family organic waste generators, except single-family
generators that meet all applicable self- hauler requirements in this
chapter:
A.
Shall
subscribe to the city of Loma Linda's three-container organic
waste collection services. The city of Loma Linda 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 of Loma Linda.
B.
Shall
participate in the city of Loma Linda's three-container system
for source separated recyclable materials, source separated green
container organic materials, and gray container waste collection services.
Generator participation in the collection programs requires that generators
place only approved materials in the appropriate colored containers.
Generators shall not place materials designated for the gray container
into the green container or blue container.
Notwithstanding the above, and in accordance with the SB 1383
regulations, the city of Loma Linda is not required to replace functional
containers, including containers purchased prior to January 1, 2022,
that do not comply with the color requirements of this chapter and
the regulations, prior to the end of the useful life of those containers,
or prior to January 1, 2036, whichever comes first. Labels will be
placed on the containers indicating the primary materials accepted
and the primary materials prohibited in the containers. Until SB 1383
compliant colored containers are provided (blue container, green container,
and gray container), single-family waste generators shall comply with
the container label requirements.
(Ord. 770 § 2, 2022)
Commercial businesses, which include multifamily residential
dwellings of five or more units, shall:
A.
Except
commercial businesses that meet all applicable self-hauler requirements
in this chapter, subscribe to the city of Loma Linda's three-container
organic waste collection services. The city of Loma Linda shall have
the right to review the number, size, and location 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 business
shall adjust its service level for its collection services as requested
by the city of Loma Linda.
B.
Except
commercial businesses that meet all applicable self-hauler requirements
in this chapter, participate in and comply with the city of Loma Linda's
three-container (blue container, green container, and gray container)
collection service by placing designated materials in designated containers.
Generators shall place only approved materials in the appropriate
colored containers. Generators shall not place materials designated
for the gray container into the green container or blue container.
Notwithstanding the above, and in accordance with the SB 1383
regulations, the city of Loma Linda is not required to replace functional
containers, including containers purchased prior to January 1, 2022,
that do not comply with the color requirements of this chapter and
the regulations, prior to the end of the useful life of those containers,
or prior to January 1, 2036, whichever comes first. Labels will be
placed on the containers indicating the primary materials accepted
and the primary materials prohibited in the containers. Until SB 1383
compliant colored containers are provided (blue container, green container,
and gray container), commercial businesses shall comply with the container
label requirements.
C.
Supply
and allow access to adequate number, size, and location of collection
containers with sufficient labels or colors (conforming with subsections
(D)(l) and (D)(2) below), for employees, contractors, tenants and
customers, consistent with the city of Loma Linda's blue container,
green container, and gray container collection service, or, if self-hauling,
per the commercial business's instructions to support its compliance
with its self-haul program.
D.
Excluding
multifamily residential dwellings, 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, for materials generated by
that business. 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 collection service provided by the city of Loma Linda, with either
lids conforming to the color requirements or bodies conforming to
the color requirements or both lids and bodies conforming to color
requirements. 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 the 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. Pursuant to 14 CCR Section 18984.8, the
container labels are required on new containers commencing January
1, 2022.
E.
Multifamily
residential dwellings are not required to comply with container placement
requirements or labeling requirement pursuant to 14 CCR Section 18984.9(b).
F.
To the
extent practical through education, training, inspection, and/or other
measures, excluding multifamily residential dwellings, prohibit employees
from placing materials in a container not designated for those materials
per the city of Loma Linda's blue container, green container,
and gray container collection service or, if self-hauling, per the
commercial business's instructions to support its compliance
with its self-haul program.
G.
Excluding
multifamily residential dwellings, periodically inspect blue container,
green container, 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).
H.
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.
I.
Provide
education information before or within fourteen days of occupation
of the premises to new tenants that describes requirements to keep
source separated green container organic waste and source separated
recyclable materials separate from gray container waste (when applicable)
and the location of containers and the rules governing their use at
each property.
J.
Provide
or arrange access for the city of Loma Linda or its agent to their
properties during all inspections conducted in accordance with this
chapter to confirm compliance with the requirements of this chapter.
K.
If implemented,
accommodate and cooperate with the city of Loma Linda's remote
monitoring program for inspection of the contents of containers for
prohibited container contaminants, to evaluate generator's compliance
with this chapter. The remote monitoring program shall involve installation
of remote monitoring equipment on or in the blue containers, green
containers, and/or gray containers.
L.
If the
commercial business wants to self-haul, meet all requirements of this
chapter.
M.
Nothing
in this section prohibits a generator from preventing or reducing
waste generation, managing organic waste on site, or using a community
composting site pursuant to 14 CCR Section 18984.9(c).
N.
Commercial
businesses that are tier one or tier two commercial edible food generators
shall comply with food recovery requirements of this chapter.
(Ord. 770 § 2, 2022)
A.
Tier
one commercial edible food generators must comply with the below requirements
commencing January 1, 2022, and tier two commercial edible food generators
must comply 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 section, 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 of Loma Linda's designated enforcement entity or designated
third party enforcement entity to access the premises and review records
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 organization that collects
or receives its edible food pursuant to a contract or written agreement
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:
i.
The name, address and contact information of the food recovery service
or food recovery organization.
ii.
The types of food that will be collected by or self-hauled to the
food recovery service or food recovery organization.
iii.
The established frequency that food will be collected or self-hauled.
iv.
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.
6.
Commencing
no later than January 1, 2022, for tier one commercial edible food
generators and January 1, 2024, for tier two commercial edible food
generators, commercial edible food generators shall provide a quarterly
food recovery report to the city of Loma Linda which includes the
information required in 14 CCR Section 18991.4 "Record Keeping
Requirements for Commercial Edible Food Generators."
D.
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 of California 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 Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. 770 § 2, 2022)
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.
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 it
is located in 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 1899l.3(b) no later than January 1, 2023.
D.
Food
Recovery Capacity Planning. In order to support edible food recovery
capacity planning assessments or other studies conducted by the city
or its designated entity, that provides solid waste collection services,
or its designated entity, food recovery services and food recovery
organizations operating in the city of Loma Linda shall provide information
and consultation to the city of Loma Linda, upon request, regarding
existing, or proposed new or expanded, food recovery capacity that
could be accessed by the city of Loma Linda and its commercial edible
food generators. A food recovery service or food recovery organization
contacted by the city of Loma Linda shall respond to such request
for information within sixty days, unless a shorter timeframe is otherwise
specified by the city of Loma Linda.
(Ord. 770 § 2, 2022)
A.
Exclusive
franchise hauler providing residential, commercial, or industrial
organic waste collection services to generators within the city's
boundaries shall meet the following requirements and standards as
a condition of approval of a contract, agreement, or other authorization
with the city to collect organic waste:
1.
Through
written notice to the city on or before July 1, 2022, and annually
thereafter, identify the facilities to which they will transport organic
waste including facilities for source separated recyclable materials
and source separated green container organic waste.
3.
Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 8.12.205 of this chapter, and Loma Linda Municipal Code Chapter 15.58.
4.
The
authorization of the exclusive franchise hauler to collect organic
waste shall comply with education, equipment, signage, container labeling,
container color, contamination monitoring, reporting, and other requirements
contained within its franchise agreement, permit, license or other
agreement entered into with city of Loma Linda.
5.
Notwithstanding
any of the foregoing, nothing in this chapter shall restrict or otherwise
prohibit the authorized hauler from meeting its compliance requirements
by any alternative methods or procedures, provided it complies with
SB 1383, the SB 1383 regulations, and/or any other applicable law,
as may be amended from time to time.
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 city 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
sixty days.
2.
Community
composting operators, upon city of Loma Linda 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 sixty days.
(Ord. 770 § 2, 2022)
A.
Persons
applying for a permit from the city for new construction and building
additions and alterations shall comply with the requirements of this
section and all required components of the California Green Building
Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if
its project is covered by the scope of CALGreen or more stringent
requirements of the city of Loma Linda. If the requirements of CALGreen
are more stringent then the requirements of this section, the CALGreen
requirements shall apply. Project applicants shall refer to city of
Loma Linda Municipal Code for complete CALGreen requirements.
B.
For
projects covered by CALGreen or more stringent requirements of the
city of Loma Linda, the applicants must, as a condition of the city's
permit approval, comply with the following:
1.
Where
five or more multifamily 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 or green container materials, consistent with the
three-container collection service program offered by the city, or
comply with provision of adequate space for recycling for multifamily
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 provided amended requirements are more stringent
than the CALGreen requirements for adequate recycling space effective
January 1, 2020.
2.
New
commercial construction or additions resulting in more than thirty
percent of the floor area shall provide readily accessible areas identified
for the storage and collection of blue container or green container
materials, consistent with the three-container collection service
program offered by the city, or shall comply with provision of adequate
space for recycling for multifamily 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, provided
amended requirements are more stringent than the CALGreen requirements
for adequate recycling space effective January 1, 2020.
3.
Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with city's C&D ordinance, Chapter 15.58 of the Loma Linda Municipal Code and all written and published city policies, ordinances, and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
(Ord. 770 § 2, 2022)
A.
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,
multifamily, public, institutional, or commercial) project with a
landscape area greater than five hundred square feet, or rehabilitating
an existing landscape with a total landscape area greater than two
thousand five hundred 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 delineated in this section.
B.
The
following compost and mulch use requirements that are part of the
MWELO are now also included as requirements of this chapter. Other
requirements of the MWELO are in effect and can be found in 23 CCR,
Division 2, Chapter 2.7.
C.
Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection (A) above shall:
1.
Comply
with Sections 492.6 (a)(3)(B), (C), (D), and (G) of the MWELO, which
requires the submittal of a landscape design plan with a soil preparation,
mulch, and amendments section to include the following:
a.
For landscape installations, compost at a rate of a minimum of four
cubic yards per one thousand square feet of permeable area shall be
incorporated to a depth of six inches into the soil. Soils with greater
than six percent organic matter in the top six inches of soil are
exempt from adding compost and tilling.
b.
For landscape installations, a minimum three inch layer of mulch
shall be applied on all exposed soil surfaces of planting areas except
in turf areas, creeping or rooting groundcovers, or direct seeding
applications where mulch is contraindicated. To provide habitat for
beneficial insects and other wildlife up to five percent of the landscape
area may be left without mulch. Designated insect habitat must be
included in the landscape design plan as such.
c.
Organic mulch materials made from recycled or post-consumer materials
shall take precedence over inorganic materials or virgin forest products
unless the recycled post-consumer organic products are not locally
available. Organic mulches are not required where prohibited by local
fuel modification plan guidelines or other applicable local ordinances.
2.
The
MWELO compliance items listed in this section are not an inclusive
list of MWELO requirements; therefore, property owners or their building
or landscape designers that meet the threshold for MWELO compliance
outlined in this Chapter 8.12.100(A) shall consult the full MWELO
for all requirements.
D.
If,
after the adoption of this chapter, the California Department of Water
Resources, or its successor agency, amends 23 CCR, Division 2, Chapter
2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September
15, 2015 requirements in a manner that requires cities to incorporate
the requirements of an updated MWELO in a local ordinance, and the
amended requirements include provisions more stringent than those
required in this section, the revised requirements of 23 CCR, Division
2, Chapter 2.7 shall be enforced.
(Ord. 770 § 2, 2022)
A.
City
departments, and direct service providers to the city, as applicable
must comply with the city's recovered organic waste product
procurement policy and recycled-content paper procurement policy.
B.
All
vendors providing paper products and printing and writing paper shall:
1.
If
fitness and quality are equal, provide recycled-content paper products
and recycled-content printing and writing paper that consists of at
least thirty percent, by fiber weight, postconsumer fiber instead
of non-recycled products whenever recycled paper products and printing
and writing paper are available at the same or lesser total cost than
non-recycled items.
2.
Provide
paper products and printing and writing paper that meet Federal Trade
Commission recyclability standard as defined in 16 Code of Federal
Regulations (CFR) Section 260.12.
3.
Certify
in writing, under penalty of perjury, the minimum percentage of postconsumer
material in the paper products and printing and writing paper offered
or sold to the city. This certification requirement may be waived
if the percentage of postconsumer material in the paper products,
printing and writing paper, or both can be verified by a product label,
catalog, invoice, or a manufacturer or vendor internet website.
4.
Certify
in writing, on invoices or receipts provided, that the paper products
and printing and writing paper offered or sold to the city is eligible
to be labeled with an unqualified recyclable label as defined in 16
Code of Federal Regulations (CFR) Section 260.12 (2013).
5.
Provide records to the city's recovered organic waste product procurement recordkeeping designee, in accordance with the city's recycled-content paper procurement policy(ies) of all paper products and printing and writing paper purchases within thirty days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the city. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in Sections 8.12.207(B)(3) and (B)(4) of this chapter for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.
(Ord. 770 § 2, 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 multifamily residential dwellings), property owners, commercial
edible food generators, haulers, self-haulers, food recovery services,
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.
Organic
waste generators, commercial businesses (including multifamily residential
dwellings), property owners, commercial edible food generators, haulers,
self-haulers, food recovery services, and food recovery organizations
shall provide or arrange for access during all inspections (with the
exception of residential property interiors) and shall cooperate with
the city's personnel 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 of this
chapter described herein. Failure to provide or arrange for: (1) access
to an entity's premises or (2) access to records for any inspection
or investigation is a violation of this chapter and may result in
penalties described.
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 set forth in Government Code Section 6250,
et seq.
D.
City
representatives, its designated entity, and/or 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.
The
city shall receive written complaints from persons regarding an entity
that may be potentially noncompliant with SB 1383 regulations, including
receipt of anonymous complaints.
(Ord. 770 § 2, 2022)
Violation of any provision of this chapter shall constitute
grounds for issuance of a notice of violation and assessment of a
fine by city enforcement official or representative. Enforcement actions
under this chapter include, but are not limited to, issuance of an
administrative citation and assessment of a fine. The city's
procedures on imposition of administrative fines 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 chapter and any rule or regulation
adopted pursuant to this chapter, except as otherwise indicated in
this chapter.
A.
Other
remedies allowed by law may be used for enforcement, including civil
action or prosecution as misdemeanor or infraction. The city may pursue
civil actions in the California 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 exists such that court action is a reasonable use
of city staff and resources.
B.
Responsible
Entity for Enforcement.
1.
Enforcement
pursuant to this chapter may be undertaken by the city enforcement
official, which may be the city manager, or designee, legal counsel,
or combination thereof.
a.
The city enforcement official, or designee, will interpret this chapter;
determine the applicability of waivers, if violation(s) have occurred;
implement enforcement actions; and
b.
Determine if compliance standards are met. The city enforcement official,
or designee, may issue notices of violation(s).
C.
Process
for Enforcement.
1.
City of Loma Linda enforcement officials and/or their designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 8.12.208 establishes the city's right to conduct inspections and investigations.
2.
The
city may issue an official notification to notify regulated entities
of its obligations under this chapter.
3.
For
incidences of prohibited container contaminants found in containers,
the city will issue a notice of violation to any generator found to
have prohibited container contaminants in a container. Such notice
will be provided via a cart tag or other communication immediately
upon identification of the prohibited container contaminants or within
three weeks after determining that a violation has occurred.
4.
With
the exception of violations of generator contamination of container
contents addressed under Section 8.12.210(C)(3) above, the city shall
issue a notice of violation requiring compliance within sixty days
of issuance of the notice.
5.
Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an enforcement action to impose penalties, via an administrative citation and fines as set forth in Loma Linda Municipal Code Section 1.12.010.
Notices shall be sent to "owner" at the official
address of the owner maintained by the tax collector for the city
or if no such address is available, to the owner at the address of
the dwelling or commercial property or to the party responsible for
paying for the collection services, depending upon available information.
D.
Compliance
Deadline Extension Considerations. The city may extend the compliance
deadlines set forth in a notice of violation issued in accordance
with this section if it finds that there are extenuating circumstances
beyond the control of the respondent that make compliance within the
deadlines impracticable, including the following:
E.
Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to the appeal procedures in Loma Linda Municipal Code Section 9.24.120.
F.
Education
Period for Noncompliance. Beginning on or after 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 with this chapter,
and if the city determines that an organic waste generator, hauler,
self-hauler, tier one 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
by January 1, 2022, and that violations may be subject to administrative
civil penalties starting on January 1, 2024.
G.
Civil
Penalties for Noncompliance. Beginning January 1, 2024, if the city
or designee determines than an organic waster generator, hauler, self-hauler,
tier one or 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 that noncompliance or violation,
issue a notice of violation, and take enforcement action pursuant
to this section, as needed.
(Ord. 770 § 2, 2022)
