A.
Assembly
Bill ("AB") 939 of 1989, the California Integrated Waste Management
Act of 1989 (Public Resources Code Section 40000, et seq., as amended,
supplemented, superseded and replaced from time to time and as implemented
by regulations of the California Department of Resources, Recycling
and Recovery ("CALRecycle")), requires the city to reduce, reuse,
and recycle (including composting), solid waste generated in the city
to the maximum extent feasible before any incineration or landfill
disposal of waste, to conserve water, energy, and other natural resources,
and to protect the environment.
B.
AB 341
of 2011 places requirements on businesses, including multi-family
property owners with five or more dwelling units, that generate a
specified threshold amount of solid waste to arrange for recycling
services and requires the city to implement a mandatory commercial
recycling program.
C.
AB 1826
of 2014 requires businesses, including multifamily property owners
with five or more dwelling units, that generate a specified threshold
amount of solid waste, recycling, and organic waste per week to arrange
for recycling services for that waste, and requires the city to implement
a recycling program to divert organic waste from such businesses.
D.
Senate
Bill ("SB") 1383 of 2016, the Short-Lived Climate Pollutant Reduction
Act of 2016, requires CALRecycle to develop regulations to reduce
organics in landfills as a source of methane. These regulations, adopted
in 2020 ("SB 1383 regulations"), place requirements on multiple entities
including the city; single-family residential households; commercial
businesses, including multifamily property owners with five or more
dwelling units; commercial edible food generators, haulers, including
self-haulers; food recovery organizations; and food recovery services
to support achievement of statewide organic waste disposal reduction
targets.
E.
The
SB 1383 regulations require the city to adopt and enforce an ordinance
or other enforceable mechanism to implement relevant provisions of
the SB 1383 regulations.
F.
This
article implements the requirements of the SB 1383 regulations.
(Ord. 20-09 § 4; Ord. 21-05 § 3)
Single-family organic waste generators shall comply with the
following requirements, except single-family generators that meet
the self-hauler requirements of this code:
A.
Subscribe
to the city's organic waste collection service(s) for all organic
waste generated as described below. The city shall have the right
to review the number and size of a generator's containers to evaluate
adequacy of capacity provided for each type of collection service
for proper separation of materials and containment of materials; and
single-family generators shall adjust their service level for their
collection services as requested by the city. Generators may additionally
manage their organic waste by preventing or reducing their organic
waste, managing organic waste on site, and/or using a community composting
site pursuant to 14 CCR Section 18984.9(c).
B.
Participate
in the city's organic waste collection service(s) by placing designated
materials in designated containers as described in this paragraph,
and shall not place prohibited container contaminants in collection
containers. Generators shall place source separated green container
organic waste, including food waste, in the green container; source
separated recyclable materials (which includes source separated nonorganic
recyclables and source separated blue container waste) in the blue
container; and gray container waste in the gray container. Generators
shall not place materials designated for the gray container into the
green container or blue container.
(Ord. 21-05 § 3)
Organic waste generators that are commercial businesses, including
multifamily residential dwellings, shall comply with the following
requirements, except commercial businesses that meet the self-hauler
requirements of this code.
A.
Subscribe to the city's three-container organic waste collection service(s) and comply with requirements of those service(s) as described below in subsection B of this section. The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the city.
B.
Participate
in the city's organic waste collection service by placing designated
materials in designated containers. Generators shall place source
separated green container organic waste including food waste, in the
green container; source separated recyclable materials (which includes
source separated non-organic recyclables and source separated blue
container waste) in the blue container; and gray container waste in
the gray container. Generators shall not place materials designated
for the gray container into the green container or blue container.
C.
Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming to subsections (D)(1) and (D)(2) below) for employees, contractors, tenants, and customers, consistent with the city's collection service or, if self-hauling, per the commercial business's instructions to support its compliance with its self-haul program, in accordance with Section 8.20.765 of this chapter.
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 shall be visible and easily accessible.
Such containers do not need to be provided in restrooms. If a commercial
business does not generate any of the materials that would be collected
in one type of container, then the business does not have to provide
that particular container in all areas where disposal containers are
provided for customers. Pursuant to 14 CCR Section 18984.9(b), the
containers provided by the business shall have either:
1.
A
body or lid that conforms to the container colors provided through
the collection service provided by the city. A commercial business
is not required to replace functional containers, including containers
purchased prior to January 1, 2022, that do not comply with the requirements
of this subsection prior to the end of the useful life of those containers,
or prior to January 1, 2036, whichever comes first.
2.
Container
labels that include language or graphic images, or both, indicating
the primary material accepted and the primary materials prohibited
in that container, or containers with imprinted text or graphic images
that indicate the primary materials accepted and primary materials
prohibited in the container. Pursuant to 14 CCR Section 18984.8, the
container labeling requirements are required on new containers commencing
January 1, 2022.
E.
Multifamily
residential dwellings are not required to comply with container placement
requirements or labeling requirements pursuant to 14 CCR Section 18984.9(b).
F.
Excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's blue container, green container, and gray container collection service or, if self-hauling, per the commercial business's instructions to support its compliance with its self-haul program in accordance with Section 8.20.765 of this chapter.
G.
Excluding
multifamily residential dwellings, periodically inspect blue containers,
green containers, and gray containers for contamination and inform
employees if containers are contaminated and of the requirements to
keep contaminants out of those containers pursuant to 14 CCR Section
18984.9(b)(3).
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 information as described in subsection H in this section before or within fourteen days of occupation of the premises to new tenants.
J.
Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with Section 8.20.785 of this chapter to confirm compliance with the requirements of this section.
K.
If a commercial business wants to self-haul, meet the self-hauler requirements of this code, including Section 8.20.765 of this chapter.
(Ord. 20-09 § 4; Ord. 21-05 § 3)
A.
De Minimis Waivers. The city may waive a commercial business's obligations (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this article if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described below in subsection (A)(2). Commercial businesses requesting a de minimus waiver shall:
1.
Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (A)(2) below.
2.
Provide
documentation that either:
a.
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
b.
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.
3.
Notify
the city if circumstances change such that the commercial business's
organic waste exceeds the threshold required for waiver, in which
case the waiver will be rescinded.
4.
Provide
written verification of eligibility for a de minimus waiver every
five years, if the city has approved a de minimus waiver.
B.
Physical
Space Waivers. The city may 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 of this article if the city
has evidence from its own staff, a hauler, licensed architect, or
licensed engineer demonstrating that the premises lacks adequate space
for the collection containers required for the organic waste collection
requirements of this chapter. Commercial businesses or property owners
requesting a physical space waiver shall:
1.
Submit
an application form specifying the type(s) of collection services
for which they are requesting a compliance waiver and provide documentation
as noted below.
2.
Provide
documentation that the premises lacks adequate space for blue containers
and/or green containers including documentation from its hauler, licensed
architect, or licensed engineer.
3.
Provide
written verification to the city that it is still eligible for a physical
space waiver every five years, if the city has approved an application
for a physical space waiver.
C.
Collection
Frequency Waivers. The city, 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'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.
D.
The
enforcement official will be responsible for review and approval of
waivers.
(Ord. 21-05 § 3)
A.
Tier
one commercial edible food generators must comply with the requirements
of this section commencing January 1, 2022, and tier two commercial
edible food generators must comply with the requirements of this section
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:
3.
Shall
not intentionally spoil edible food that is capable of being recovered
by a food recovery organization or a food recovery service.
4.
Allow
the city's designated enforcement entity or designated third party
enforcement entity to access the premises and review records pursuant
to 14 CCR Section 18991.4.
5.
Keep
records that include the following information, or as otherwise specified
in 14 CCR Section 18991.4:
a.
A list of each food recovery service or food recovery organization
that collects or receives its edible food pursuant to a contract or
written agreement established under 14 CCR Section 18991.3(b).
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.
D.
If the
enforcement official makes a request, then within thirty days of the
request, tier one commercial edible foods generators and tier two
commercial edible food generators shall provide a food recovery report
to the city that includes the following information:
E.
Nothing in section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the State Education Code, and amended Section 114079 of the State Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time.
(Ord. 20-09 § 4; Ord. 21-05 § 3)
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 shall inform generators
about State Food and Federal Good Samaritan Food Donation Act protection
in written communications, such as in their contract or agreement
established under 14 CCR Section 18991.3(b).
D.
Food
recovery organizations and food recovery services that have their
primary address physically located in the city and contract with or
have written agreements with one or more commercial edible food generators
pursuant to 14 CCR Section 18991.3(b) shall report to the city the
total pounds of edible food recovered in the previous calendar year
from the tier one and tier two commercial edible food generators they
have established a contract or written agreement with pursuant to
14 CCR Section 18991.3(b) no later than July 1 of each year, commencing
in 2023.
E.
Food
recovery services and food recovery organizations operating in the
city shall provide information and consultation to the city, upon
request, regarding existing, or proposed new or expanded, food recovery
capacity that could be accessed by the city and its commercial edible
food generators. A food recovery service or food recovery organization
contacted by the city shall respond to such request for information
within sixty days, unless a shorter timeframe is otherwise specified
by the city.
(Ord. 21-05 § 3)
A.
Requirements
for Haulers.
1.
Haulers
providing residential, commercial, or industrial organic waste collection
services to generators within the city's boundaries shall meet the
requirements and standards of 14 CCR, Division 7, Chapter 12 as a
condition of approval of contract, agreement, or other authorization
to collect organic waste.
2.
Through
written notice to the city, haulers shall identify the facilities
to which they will transport organic waste.
3.
Haulers
providing organic waste collection services shall comply with the
applicable requirements of 14 CCR, Division 7, Chapter 12, Article
3.
B.
Subsection A of this section is not applicable to a hauler that consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the Public Resources Code, is transporting source separated organic waste to a community composting site or to a hauler that is lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and applicable requirements of this code.
C.
Requirements
for Facility Operators and Community Composting Operations.
1.
Owners
of facilities, operations, and activities that recover organic waste,
including, but not limited to, compost facilities, in-vessel digestion
facilities, and publicly-owned treatment works shall, upon the city's
request, provide information regarding available and potential new
or expanded capacity at their facilities, operations, and activities,
including information about throughput and permitted capacity necessary
for planning purposes. Entities contacted by the city shall respond
within sixty 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 sixty days, unless a shorter timeframe
is otherwise specified by the city.
(Ord. 20-09 § 4; Ord. 21-05 § 3)
In addition to any other requirements for self-haulers as contained
in this code:
B.
Self-haulers
shall source separate all recyclable materials and organic waste (materials
that the city otherwise requires organic waste generators to separate
for collection in the city's organics and recycling collection program)
generated on-site from solid waste in a manner consistent with 14
CCR Section 18984.1, or shall haul organic waste to a high diversion
organic waste processing facility as specified in 14 CCR Section 18984.3.
C.
Self-haulers
shall haul their source separated recyclable materials to a facility
that recovers those materials; and haul their source separated 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.
D.
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. The records shall include the following
information:
1.
Delivery
receipts and weight tickets from the entity accepting the waste.
2.
The
amount of material in cubic yards or tons transported by the generator
to each entity.
3.
If
the material is transported to an entity that does not have scales
on-site, or employs scales incapable of weighing the self-hauler's
vehicle in a manner that allows it to determine the weight of materials
received, the self-hauler is not required to record the weight of
material but shall keep a record of the entities that received the
organic waste.
(Ord. 21-05 § 3)
A.
In addition
to any other requirements of this, the following requirements also
apply:
1.
For
projects covered by the California Green Building Standards Code,
24 CCR, Part 11, the applicants must, as a condition of the city's
permit approval, comply with the following:
a.
Where five or more 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 and green container materials, consistent
with the collection 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
July 1, 2019 and effective January 1, 2020.
b.
Where new commercial construction or additions will result in more
than thirty percent of the floor area, provide readily accessible
areas identified for the storage and collection of blue container
and green container materials, consistent with the collection program
offered by the city, or shall comply with provision of adequate space
for recycling for 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 July 1,
2019 and effective January 1, 2020.
(Ord. 21-05 § 3)
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 amended September 15, 2015.
(Ord. 21-05 § 3)
Direct service providers to the city and all vendors providing
paper products and printing and writing papers must comply with the
city's policy regarding recovered organic waste product procurement,
including recycled-content paper procurement.
(Ord. 21-05 § 3)
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 article 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, its designees or agents to enter
the interior of a private residential property for inspection. For
the purposes of inspecting commercial business containers for compliance
with this article, the city may conduct container inspections for
prohibited container contaminants.
B.
A regulated
entity shall provide or arrange for access during all inspections
(with the exception of residential property interiors) and shall cooperate
with the city representative and/or its designated entity, including
designees, 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 article described herein. Failure
to provide or arrange for:
C.
Any
records obtained by the city during its inspections, remote monitoring,
and other reviews shall be subject to the requirements and applicable
disclosure exemptions of the Public Records Act as set forth in State
Government Code Section 6250 et seq.
D.
The
city representative, its designees and agents are authorized to conduct
any inspections, remote monitoring, or other investigations as reasonably
necessary to further the goals of this article, subject to applicable
laws.
(Ord. 21-05 § 3)
A.
Violation of any provision of this article shall constitute grounds for issuance of a notice of violation and assessment of a fine by the enforcement official. Enforcement actions under this article are issuance of an administrative citation and assessment of a fine. The city's procedures on imposition of administrative fines set forth in Chapters 1.20 and 1.21 of this code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this article and any rule or regulation adopted pursuant to this article, except as otherwise indicated in this article. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The city may pursue civil actions in the state courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
B.
Enforcement
pursuant to this article may be undertaken by the enforcement official.
C.
Fines
for Violations. The fines for violations of the provisions of this
article are as follows, subject to modifications by resolution of
the city council:
D.
Compliance
Deadline Extension Considerations. The city may extend the compliance
deadlines set forth in a notice of violation if it finds that there
are extenuating circumstances beyond the control of the respondent
that make compliance within the deadlines impracticable, including
the following:
(Ord. 21-05 § 3)
