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Integrated Waste Management Act of 1989 (Public Resources Code Section 40000, et seq., as amended, supplemented, superseded and replaced from time to time and as implemented by regulations of the California Department of Resources, Recycling and Recovery ("CALRecycle")), requires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.
L. 
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).
M. 
Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.20.755 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:
a. 
The collection of edible food for food recovery; or
b. 
Acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. 
Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. 
Allow the city's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
5. 
Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. 
A list of each food recovery service or food recovery organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. 
A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. 
A record of the following information for each of those food recovery services or food recovery organizations:
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:
1. 
A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
2. 
The quantity of food, measured in annual pounds recovered, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
3. 
The name, address and contact information of the food recovery service or food recovery organization.
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.
4. 
Haulers providing residential, commercial industrial organic waste collection services shall transport organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
5. 
Haulers providing residential, commercial industrial organic waste collection services shall obtain applicable approval of the city pursuant to 14 CCR Section 18988.1 and keep a record of the documentation of its approval by the city.
B. 
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:
A. 
Self-haulers of organic waste shall comply with the requirements in 14 CCR Section 18988.3.
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.
E. 
A single-family organic waste generator that self-hauls organic waste is not required to record or report information in subsection D of this section.
F. 
Self-haulers that are commercial businesses (including multifamily self-haulers) shall provide information collected in subsection C of this section to the city, if requested.
(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.
B. 
For organic waste commingled with C&D, the requirements of 24 CCR Sections 4.408.1 and 5.408.1, as amended July 1, 2019 and effective January 1, 2020 shall be complied with.
(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)
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:
1. 
Access to an entity's premises;
2. 
Installation and operation of remote monitoring equipment; or
3. 
Access to records for any inspection or investigation is a violation of this article and may result in penalties described herein.
C. 
Any records obtained by the city during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in State Government Code Section 6250 et seq.
D. 
The city 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.
E. 
The city shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints in accordance with by 14 CCR Section 18995.3.
(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:
1. 
For a first violation, the penalty shall be one hundred fifty dollars per violation.
2. 
For a second violation, the penalty shall be five hundred dollars per violation.
3. 
For a third or subsequent violation, the penalty shall be one thousand dollars per violation.
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:
1. 
Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. 
Delays in obtaining discretionary permits or other government agency approvals; or
3. 
Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city are under a corrective action plan with CALRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(Ord. 21-05 § 3)