It is the purpose of this chapter to set forth terms and conditions
pursuant to which authorization may be granted by the city council
to provide services for handling discarded materials including solid
waste, recyclables and organic materials; and to promote the public
health, welfare and safety of the community by establishing reasonable
regulations relating to the storage, accumulation, collection and
disposal of solid waste, recyclables and organic materials.
(Ord. 3183-21 § 2)
(a)
"Approved collection container"
"Authorized collector"
"A"
means a container or compartment of a split container that
has been approved by the director for collection of specific discarded
materials.
means a person or entity that been granted a franchise or
other authorization by the city to collect solid waste, recyclable
materials, or organic materials.
(b)
(Reserved)
(c)
"CalRecycle"
"California code of regulations" or "CCR"
"City"
"City enforcement official"
"Commercial business" or "commercial"
"Commercial edible food generator"
"Compliance review"
"Community composting"
"Compost"
"Compostable"
"Concierge service, valet service, or zero waste facilitator"
"Container(s)"
"Container contamination" or "contaminated container"
"Courtesy notice"
"C&D"
"C"
means California's Department of Resources Recycling and
Recovery.
means the city of Sunnyvale acting through its duly authorized
officials and employees.
means the director or any city employee who is duly authorized
or designated by the director to enforce this chapter.
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, strip
mall, or industrial facility.
includes a tier one or a tier two commercial edible food
generator as defined in this chapter 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 a review of records by the city to determine compliance
with this chapter.
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).
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 material that is source separated from the municipal solid
waste stream, or which are separated at a centralized facility.
means that an item is composed of organic materials that
are capable of being broken down into compost through a process of
controlled biological decomposition using heat, moisture, oxygen,
and microorganisms.
means any person or company that manages waste on site for
generators. Services may include bin staging, trash enclosure maintenance,
on site collection, on site material sorting and discarded materials
removal from generators for deposit to approved containers.
means bins, carts, compactors, drop boxes (or debris bins
or debris dumpster), compartments of split containers and public litter
containers.
means a container, regardless of color, that contains prohibited
container contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
means a form that the city's authorized collector leaves
with the customer indicating the ways in which a customer has failed
to comply with proper discarded materials set-out procedures, giving
reference to the law, or chapter, that has been violated, which is
left by the authorized collector at customer's premises to indicate
that their improperly set our discarded materials were collected as
a courtesy, but may be subject to non-collection in the future
means construction and demolition debris.
(d)
"Director"
"Department"
"Designee"
"Discarded materials"
"Disposal facility"
"Dwelling unit"
"D"
means the director of the environmental services department.
References to the director include any city employee designated by
the director to perform or carry out duties on the director's behalf.
means any department of the city designated by the city council
or city manager to enforce or administer this chapter, as authorized
in 14 CCR Section 18981.2.
means an entity that the 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 recyclable materials, organic materials, and solid
waste placed by a generator in a collection container and/or at a
location for the purposes of collection, excluding excluded waste.
means a landfill or other facility for the ultimate disposal
of solid waste.
(e)
"Edible food"
"Enforcement action"
"Enforcement official"
"Excluded waste"
"E"
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 California Health and Safety Code Sections 113700 et seq., known
as 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 the city enforcement official or, if delegated, the
regional or county agency enforcement official.
means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, regulated radioactive
waste, and toxic substances or material that facility operator(s),
which receive materials from the city and its generators, reasonably
believe(s) would, as a result of or upon acceptance, transfer, processing,
or disposal, be a violation of local, state, or federal law, regulation,
or ordinance, including: land use restrictions or conditions, waste
that cannot be disposed of in Class III landfills or accepted at the
facility by permit conditions, waste that in the city, or its designee's
reasonable opinion would present a significant risk to human health
or the environment, cause a nuisance or otherwise create or expose
the city, or its designee, to potential liability; but not including
de minimis volumes or concentrations of waste of a type and amount
normally found in residential 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. Excluded waste
does not include used cooking oil, motor oil and filters, household
batteries, and/or universal wastes when such materials are defined
as allowable materials for collection through the city's collection
programs and the generator or customer has properly placed the materials
for collection pursuant to instructions provided by city or its designee
for collection services.
(f)
"Food distributor"
"Food facility"
"Food recovery"
"Food recovery organization"
(A)
(B)
(C)
"Food recovery service"
"Food scraps"
"Food service provider"
"Food-soiled paper"
"F"
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).
has the same meaning as in Section 113789 of the Health and
Safety Code.
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, eggshells, tea bags, coffee filters, fats, oils, and grease.
means an entity primarily engaged in providing food services
to institutional, governmental, commercial, or industrial locations
of others based on contractual arrangements with these types of organizations,
or as otherwise defined in 14 CCR Section 18982(a)(27).
is compostable paper material, such as, but not limited to,
compostable paper plates, paper coffee cups, napkins and pizza boxes
that has come in contact with food or liquid.
(g)
"Generator"
"Grocery store"
"G"
means a person or entity that is responsible for the initial
creation of one or more types of discarded materials.
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).
(h)
"Hauler route"
"Health facility"
"High diversion organic waste processing facility"
"Hotel"
"H"
means the designated itinerary or sequence of stops for each
segment of the city's collection service area, or as otherwise defined
in 14 CCR Section 18982(a)(31.5).
has the same meaning as in Section 1250 of the Health and
Safety Code.
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).
has the same meaning as in Section 17210 of the Business
and Professions code.
(i)
"Inspection"
"I"
means an electronic or onsite review of records, containers,
and an entity's collection, handling, recycling, or landfill disposal
of recyclable materials, organic waste, solid waste/mixed 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).
(j)
(Reserved)
(k)
(Reserved)
(l)
"Large event"
"Large multifamily"
"Large venue"
"Local education agency"
"L"
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 premises with five or more dwelling units. Large
multifamily does not include hotels, motels, or other transient occupancy
facilities, which are considered commercial businesses.
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).
(m)
"Mixed waste organic collection stream" or "mixed waste"
"Multifamily"
"M"
means a premises with two or more dwelling units.
(o)
"Organic materials"
"Organic waste"
"O"
means yard trimmings, food scraps, and food-soiled papers
that are set aside, handled, packaged, or offered for collection in
a manner different from solid waste for the purpose of processing.
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).
(p)
"Paper products"
"Premises"
"Printing and writing papers"
"Prohibited container contaminants"
"Putrescible wastes"
"P"
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).
means and includes any land, building and/or structure, or
portion thereof, in the city where discarded materials are produced,
generated, or accumulated. All structures on the same legal parcel,
which are owned by the same person shall be considered as one premises.
include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white woven
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:
means materials that are capable of being decomposed or rotted
by microorganisms with sufficient rapidity as to cause nuisances because
of odors, gases or other offensive conditions, and include materials
such as food scraps, offal and dead animals.
(q)
(Reserved)
(r)
"Recovery"
"Recycle" or "recycling"
"Recyclable containers"
"Recyclable paper"
"Recyclable materials"
"Regional agency"
"Regional or county agency enforcement official"
"Remote monitoring"
"Responsible party"
"Restaurant"
"Route review"
"R"
means the process of sorting, cleansing, treating, and reconstituting
at a recyclable materials processing facility, materials that would
otherwise be disposed of at a landfill for the purpose of returning
such materials to the economy in the form of raw materials for new,
reused, or reconstituted products.
means non-putrescible and non-hazardous recyclable materials
including but not limited to bottles, cans, metals, plastics and glass.
means paper products and printing and writing papers, with
the exception of food-soiled paper.
means materials, byproducts, or components of such materials
set aside, handled, packaged, or offered for collection in a manner
different from solid waste for the purpose of recycling.
means regional agency as defined in Public Resources Code
Section 40181.
means a regional or county agency enforcement official, designated
by the city with responsibility for enforcing this chapter in conjunction
or consultation with city enforcement official(s).
means the use of the internet of things (IoT) and/or wireless
electronic devices to visualize the contents of recyclable materials
containers, organic materials containers, and mixed waste containers
for purposes of identifying the quantity of materials in containers
(level of fill) and/or presence of prohibited container contaminants.
means the property owner. If a property owner enters into
a written agreement with another party (such as a tenant, lessee,
occupant, property manager, home owners association, valet services,
waste broker, concierge service, zero waste facilitator or other party
that contracts for or manages collection services) to manage or obtain
mixed waste, organic materials, and recyclable materials collection
services, then that party and the property owner shall both be responsible
for compliance with this chapter and shall be held jointly and severally
liable for any civil or criminal violations.
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 and/or remote monitoring inspection
methods such as the use of cameras, or as otherwise defined in 14
CCR Section 18982(a)(65).
(s)
"SB 1383"
"SB 1383 regulations"
"Self-haul"
"Self-hauler"
"Single-family"
"Solid waste"
(A)
(B)
(C)
(D)
"Source separated" or "source-separated (materials)"
"State"
"Supermarket"
"S"
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 to act as a self-hauler.
means a person, who hauls solid waste, C&D, organic waste,
or recyclable material they have generated to another person. self-hauler
also includes a landscaper or a person who back-hauls waste. Back-haul
means generating and transporting recyclable materials or organic
waste to a destination owned and operated by the generator or responsible
party using the generator's or responsible party's own employees and
equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
means a premises with:
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.
Recyclable materials and organic waste when such materials are
source separated.
means materials, including commingled recyclable materials
and organic materials, that have been separated or kept separate from
the mixed waste stream, at the point of generation, for the purpose
of additional sorting or processing those materials for recycling
or reuse in order to return them to the economic mainstream in the
form of raw material for new, reused, or reconstituted products, which
meet the quality standards necessary to be used in the marketplace,
or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes
of this chapter, source separated shall include separation of materials
by the generator, responsible party, or responsible party's employee,
into specified approved collection containers for the purpose of collection
such that source-separated materials are separated from mixed waste
for the purposes of collection and processing.
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).
(t)
"Tier one commercial edible food generator"
"Tier two commercial edible food generator"
(A)
(B)
(C)
(D)
(E)
(F)
(G)
"T"
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;
(u)
(Reserved)
(v)
"Valet service"
"V"
means the same as "concierge service".
(w)
"Waste broker"
"Wholesale food vendor"
"Working days"
"W"
means any person or company arranging the recovery or disposal
of waste on behalf of others, including such brokers who do not take
physical possession of the waste.
means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables)
is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination, or as otherwise defined
in 14 CCR Section 189852(a)(76).
means every day except Saturdays, Sundays, and holidays specified
in California Government Code Section 6700.
(x)
(Reserved)
(y)
"Yard trimmings"
"Y"
means types of organic waste resulting from normal yard and
landscaping installation, maintenance, or removal, including but not
limited to, green trimmings, grass, weeds, leaves, prunings, branches,
dead plants, brush, tree trimmings, dead trees and small pieces of
unpainted or untreated wood. Yard trimmings placed for collection
must meet the size limitations of the city's current franchise agreement.
(z)
"Zero waste facilitator"
"Z"
means the same as concierge service or valet service.
(Ord. 3183-21 § 2)
(a)
It
is unlawful for any person occupying or maintaining any premises within
the city, where any discarded materials are created, produced, or
accumulated upon the premises, to fail or neglect to use a container
or containers for receiving and holding, without leakage or escape
of odors, all discarded materials which are produced, created, or
accumulated upon the premises and all persons shall deposit all discarded
materials in a container.
(b)
All
generators must use container(s) approved by the director or furnished
by the city's authorized collector for the containers that will be
emptied by the authorized collector, except that approved containers
for compactors may be provided by the generator.
(c)
All
containers shall be maintained at all times in a sanitary and tidy
condition. All materials shall be placed inside the containers and
shall not be placed outside nor allowed to spill out of such containers.
All containers under the size of seven cubic yards must have lids.
All lids must remain closed.
(1)
Exception: Bagged garbage with city-approved extra bag tag or residential
bulky items or source-separated recyclable materials placed curbside
for collection on day of collection.
(d)
Generators
shall not cause or permit material to be so compacted or otherwise
placed, kept, or accumulated in any container in a manner which does
not allow the contents of the container to fall out, by their own
weight, upon the container being lifted and emptied. The responsible
party shall be required to increase service levels for repeated instances
as determined by the director.
(e)
All
containers shall be clearly identified with the name and telephone
number of the authorized collector.
(Ord. 3183-21 § 2)
All discarded materials, other than green material, landscape
and pruning material, created, produced, or accumulated in or about
dwelling houses situated anywhere in the city shall be disposed of
or removed from the premises at least once each week. All discarded
materials, other than green material, landscape and pruning material,
created, produced, or accumulated on all other premises shall be disposed
of or removed from such premises at least once each week, or more
often, if necessary, except for containers of seven or more cubic
yards capacity containing only non-putrescible discarded materials.
Containers of seven or more cubic yards capacity shall remain on site
only so long as in active use for purposes as neighborhood cleanup,
collection of construction debris, etc., and shall not remain without
removal for excessive periods of time. Upon a determination by the
director that a container has remained on site for an excessive period
of time, the person responsible for the container shall, upon written
notice, cause it to be removed.
(Ord. 3183-21 § 2)
(a)
No
mixed waste, organic materials, or recyclable materials container
or receptacle, other than one owned by the city and designated for
public use, shall be placed, stored, or kept in or on any public street,
sidewalk, footpath, or any public place whatsoever, except as follows:
(1)
Containers may be placed curbside or in a designated collection location,
or in a location accessible for removing and emptying by the authorized
collector, no earlier than 12:01 a.m. on the day preceding the scheduled
collection day;
(2)
Collection containers shall be removed from designated collection
location, public street, sidewalk, or curb after collection no later
than six a.m. on the day after scheduled collection;
(3)
If the authorized collector does not collect a container as scheduled
or a service tag has been issued, that container may be left at the
curb or other designated collection location until collected/emptied
or for no more than twenty-four hours;
(4)
In the event that the city authorizes periodic collection of un-containerized
mixed waste, organic materials, recyclable materials, and/or large,
bulky items (furniture, appliances, mattresses, rolls of carpet, etc.)
through a neighborhood clean-up day, on-call bulky item collection
or similar program, those items may not be placed curbside more than
twenty-four hours before the scheduled collection day.
(b)
Commercial
and Large Multifamily Premises—Placement of Containers, Signage
and Enclosure Requirements.
(1)
Collection containers for all required materials shall be placed
reasonably close to every mixed waste container such that the organic
materials, recyclable materials and mixed waste containers are equally
accessible.
(2)
Collection containers must bear prominent signage on or near the
containers clearly describing the proper segregation and storage of
mixed waste, organic materials, and recyclable materials.
(3)
If, in the judgment of the director, a property's existing designated enclosure(s) for all required materials containers does not have adequate capacity to accommodate all types of containers, the property owner may locate one or more containers outside of the existing enclosure to comply with the requirements of this chapter so long as the materials are properly enclosed in lidded, leak-proof containers. In such an instance, the property owner would not be held in violation of this section and the existing enclosure would be considered legal nonconforming under Chapter 19.50 of this code. New enclosures must completely contain mixed waste, organic materials and recyclable materials collection containers in compliance with Section 19.38.030 of this code.
(Ord. 3183-21 § 2)
(a)
It
is unlawful for any person to throw or deposit, or cause to be thrown
or deposited, any discarded materials or abandoned vehicle parts,
or allow any collection of same to remain, in or upon any public right-of-way,
watercourse, waterway, levees or banks of watercourses or waterways,
or upon any premises whatsoever except an approved disposal area.
(b)
It
is unlawful to dispose of discarded materials in a container owned
or rented by a person other than the generator of such discarded materials,
without permission from the owner or renter of the Container to deposit
discarded materials in the container.
(Ord. 3183-21 § 2)
It is unlawful for any person to burn discarded materials within
the city.
(Ord. 3183-21 § 2)
The city council shall provide for the collection and disposal
of discarded materials generated within the city by the issuance of
franchises or contracts to authorized collectors. The terms and conditions
under which the authorized collector(s) are required to collect and
dispose of discarded materials shall be specified in the applicable
franchise or contract and the rates for such collection and disposal
operations shall be established by resolution of the city council.
(Ord. 3183-21 § 2)
The city council finds that the periodic collection and disposal of discarded materials from all places in the city benefits all places and premises in the city and therefore the responsible party must subscribe to discarded materials collection services from the authorized collector and are made liable for the discarded materials collection rates established by resolution of the city council in connection with any franchise or license, issued pursuant to this chapter and the city charter, for the collection and disposal of discarded materials. All such collection rates imposed as herein provided shall be a civil debt owing the city from the occupant of the property receiving the services; provided, however, that where this code provides that such collection rates shall be a civil debt owing the city from the owner of the property receiving the service, such provision shall govern liability to the city for such service. The presence of active water service shall be the primary method of determining occupancy and liability of discarded materials collection rates. As to customers to whom the city provides water service, all such collection rates shall be included as a part of the municipal water bills and shall be due and payable at the same time as municipal water bills. Failure or refusal to pay the rates when due shall subject the person obliged to pay the same to discontinuance of discarded materials and water service provided by the city pursuant to Chapter 12.50 of this code.
(Ord. 3183-21 § 2)
The collection location for single-family and multifamily residential
uses with three or fewer units shall be the street curb line adjacent
to such premises and discarded materials collection of authorized
containers shall be placed in that location by the occupant of the
premises for collection by the city authorized collector(s). The number
and location of collection locations for other classes of uses shall
be easily accessible to the city's authorized collector(s) for collection
of the discarded materials accumulated at such location for collection.
(Ord. 3183-21 § 2)
Removal, transportation, and disposal of discarded materials
from all premises within the city shall be completed only by an authorized
collector to whom a franchise or contract to do so has been granted
by the city. It is unlawful for any person to interfere in any manner
with the lawful operations of such authorized collector.
(Ord. 3183-21 § 2)
All discarded materials upon being removed from the premises
where produced or accumulated shall become and be the property of
the authorized collector.
(Ord. 3183-21 § 2)
It is unlawful for any person to burn, break, destroy, scatter,
collect or take any recyclable materials without the consent of the
owner of such materials. Consent to collection of such materials may
be either oral or written, or may be, manifested by a practice or
arrangement between the owner and a donee or donees, whereby recyclable
materials are placed in a particular place, area or distinctive container,
for regular collection by the donee.
(Ord. 3183-21 § 2)
(a)
It
is unlawful for any person other than the authorized collector to
engage in the business of collecting or hauling discarded materials
or C&D through any street or public right-of-way within the city.
(b)
It
is unlawful for the responsible party of a premises to engage the
services of a person other than the authorized collector for collecting
discarded materials within the city.
(c)
Exemptions.
The following types of materials may be collected or hauled by persons
who are not authorized collectors:
(1)
Self-Hauled Materials. A commercial business owner or resident may dispose of occasional loads of recyclable materials, organic materials, solid waste, and C&D generated in or on their own premises by him or herself or by his or her employees and with his or her own vehicle and equipment in compliance with the self-hauler requirements in Section 8.16.240 of this chapter. However, the containers provided by the city or the city's authorized collector may not be used for activities authorized by this paragraph.
(A)
Notwithstanding the foregoing, no resident or businesses shall employ
or engage any discarded materials enterprise, other than the authorized
collector, to haul or transport discarded materials to a disposal
or processing facility.
(B)
Self-hauling materials does not negate the requirement that each
property must subscribe to an adequate level of discarded materials
collection services provided by the approved collector.
(2)
Donated or Sold Materials. Any items which are source separated at
any property and sold or donated to other persons. No provision of
this chapter shall prevent a recycler, junk dealer or other enterprise
engaged in the business of buying and marketing source separated recyclable
materials in the stream of commerce and which buys such materials
for marketing and not for disposition in a landfill or transfer station
(as defined in Public Resources Code Section 40200) from buying Recyclable
Materials for a monetary or other valuable consideration; nor shall
any provision of this chapter prevent a recycler, junk dealer or enterprise
which buys the materials from removing and transporting the materials
to a destination for marketing in the stream of commerce.
(3)
Edible Food. Edible food distributed for the purposes of feeding
people or animals, regardless of whether it is donated or a fee has
been paid to collect it.
(4)
Materials removed as incidental part of services: Recyclable materials,
organic materials, solid waste, C&D, and bulky items removed from
a property by a contractor (e.g., gardener, landscaper, tree-trimming
service, construction and demolition (C&D), on-site clean-up contractor,
roofing tear-off contractor, paper shredder/document destruction company)
as an incidental part of the service being performed, rather than
as a separately contracted or subcontracted hauling service; or if
such contractor is providing a service, which does not fall within
the definition of collection services by the authorized collector.
(A)
Renovation, Rebuilding, Repairs. No provision of this chapter shall
prevent a commercial/industrial business owner from arranging for
any worn, spent, or defective equipment, or part thereof, used in
a commercial business and requiring renovation, rebuilding, recharging,
regeneration or repair, to be picked up, renovated, rebuilt, recharged,
regenerated or otherwise restored and repaired and returned to such
commercial/industrial business owner; nor shall any provision of this
chapter prevent any person engaged in the business of renovating,
rebuilding, recharging, regenerating, or otherwise restoring or repairing
equipment or part thereof, from transporting the same from or returning
it to the commercial business, or from removing, transporting or disposing
of any equipment, or part thereof, replaced in connection with an
equipment repair or service contract.
(B)
Contractors. No provision of this chapter shall prevent a licensed
contractor having a contract for the demolition or reconstruction
of a building, structure, pavement, or concrete installation from
marketing any saleable items salvaged from demolition or reconstruction,
or from causing salvageable items or construction or demolition waste
to be removed and transported from the Premises on which the waste
is generated, pursuant to the provisions of the demolition or construction
contract, subject to the following:
(C)
Collection, removal and disposal activity shall be only by the licensed
contractor having the contract for the construction or demolition
work that generated salvageable items or construction or demolition
waste, or by regularly employed personnel carried on the licensed
contractor's payroll records as an employee.
(D)
All vehicles used in carrying out collection, removal and disposal
activities shall be owned by or under the exclusive control of the
licensed contractor and shall meet all the requirements of this chapter
and all other laws, statutes, rules, regulations, and ordinances of
the State of California and the city.
(5)
Animal, grease waste, and used cooking oil: Animal waste and remains
from slaughterhouse or butcher shops, grease, or used cooking oil.
(6)
Excluded Waste. Excluded waste regardless of its source.
(7)
Materials generated by the state and county facilities: materials
generated by state and county facilities located in the city, including,
but not limited to, any public school district or community college
district, provided that the generator has arranged services with other
persons or authorized collector through a separate agreement.
(d)
Upon
request by the city, any person claiming to be exempt under the provisions
of this section shall submit credible evidence such as contracts,
invoices, sales orders, statements signed under penalty of perjury,
or other documentation sufficient to verify that such person qualifies
for the exemption. The failure to provide such evidence may be used
as evidence of a violation.
(Ord. 3183-21 § 2)
(a)
Any person who violates Section 8.16.140(a) of this chapter shall be notified in writing that the prompt and permanent removal is required of any receptacle placed on the premises for collection by a person who is not a city authorized collector. Written notice shall be posted prominently upon the receptacle. If the receptacle is identified with the name and address or telephone number of the person operating it, notice shall be provided by mail or telephone. Failure to notify any person by phone or by mail shall not invalidate the notice.
(b)
The notice shall inform the person who places or operates the receptacle that the city intends to impound any receptacle that is placed in violation of Section 8.16.140(a) of this chapter within the time set forth in the notice, which shall not be less than twenty-four hours after posting of the notice, or not less than six hours after telephonic notification.
(c)
The
city may impose fees, costs, charges, and penalties in the amount
set forth by city council resolution, unless, within ten working days
from the date of notice, the person who places or operates the receptacle
has requested a hearing on removal and impoundment by filing a written
request for a hearing with the department. A hearing on impoundment
shall be scheduled within three working days after request.
(d)
Any
person who violates this section shall be liable to the city for all
penalties. That person or persons shall also be liable for any fees,
costs and charges in connection with impounding, collection, transportation,
storage and handling of such receptacle by the city, as well as cost
recovery pursuant to the applicable utility fee schedule in effect
on the date of hearing. The receptacle impounded by the city shall
be retrieved by the owner upon proof of ownership of the receptacle
after all applicable fees, penalties, costs and charges have been
paid, including but not limited to fees for unloading the material
at the Sunnyvale Materials Recovery and Transfer Station and any costs
related to disposal of hazardous materials. fees, penalties, costs,
and charges shall not apply if any person prevails in any hearing
adjudicating the matter. In all cases, a receptacle not retrieved
after three months shall be deemed abandoned.
(e)
Upon
posting of a written notice of violation upon the unauthorized receptacle,
no person using the unauthorized receptacle shall place discarded
materials therein, or that person will be subject to fees, penalties,
costs, and charges in the amount set forth by city council resolution.
(Ord. 3183-21 § 2)
(a)
All
vehicles, conveyances, or containers used for hauling discarded materials
within the city shall be of such construction as to comply fully with
all laws, rules, and regulations of the State of California pertaining
thereto, and shall be of a type and construction to prevent leakage,
spillage, or overflow. This chapter is intended to implement the requirements
of California Vehicle Code Section 23114, or its successor statute.
(b)
Any
operator of an uncovered open bed truck hauling Discarded Materials
to the SMaRT Station® shall be subject to payment of a penalty.
The amount of the penalty shall be established by city council resolution.
The penalty may be assessed at the SMaRT Station scalehouse.
(Ord. 3183-21 § 2)
Responsible parties of single-family premises shall:
(a)
Subscribe
to and pay for city's collection services for weekly collection of
recyclable containers, recyclable paper, yard trimmings, food scraps,
and mixed waste generated by the premises and comply with requirements
of those services as described in this section. 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.
The responsible parties for the premises shall adjust their service
level for their collection services as requested by the city.
(b)
Participate
in the city's collection service(s) in the manner described below:
(1)
Place and/or direct its generators to place the following materials
in the specified approved collection containers: source separated
recyclable containers, source separated recyclable paper, source separated
yard trimmings, source separated food scraps, and mixed waste;
(2)
Not place and/or direct its generators to not place prohibited container
contaminants in approved collection containers and not place materials
designated for the food scraps, recyclable containers, recyclable
paper, or yard trimmings containers in the mixed waste container.
(c)
Nothing
in this section prohibits the responsible party or generator from
preventing or reducing discarded materials generation, managing organic
waste on site, and/or using a community composting site pursuant to
14 CCR Section 18984.9(c).
(d)
The
requirements for single-family premises are also applicable to multifamily
premises that are not large multifamily premises (have less than five
units).
(Ord. 3183-21 § 2)
Responsible parties of large multifamily premises shall:
(a)
Provide
or arrange for recyclable containers, recyclable paper, yard trimmings,
food scraps, and mixed waste collection services consistent with this
chapter for employees, contractors, and tenants;
(b)
Subscribe
to and pay for the city's at least weekly collection services of recyclable
containers, recyclable paper, yard trimmings, food scraps, and mixed
waste as further described below in this section. The city shall have
the right to review the number and size of the large multifamily premises'
collection 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. The responsible
party of a large multifamily premises shall adjust their service level
for their collection services as requested by the director;
(c)
Place,
and direct its generators to place, the following materials in the
specified approved collection containers: source separated food scraps;
source separated recyclable containers; source separated recyclable
paper; source separated yard trimmings; and mixed waste;
(d)
Not
place, and direct its generators to not place, prohibited container
contaminants in approved collection containers;
(e)
Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (1) and (2) below) for employees, contractors, tenants, and customers, consistent with city's collection service or, if self-hauling, consistent with the large multifamily premises' approach to complying with self-hauler requirements in Section 8.16.240 of this chapter;
(1)
A body or lid that conforms with the container colors provided through
the collection service provided by city, with either lids conforming
to the color requirements or bodies conforming to the color requirements
or both lids and bodies conforming to color requirements. The responsible
party of the large multifamily premises 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 14 CCR Section 18984.8,
the container labeling requirements are required on new containers
commencing January 1, 2022.
(f)
Annually
provide information to employees, contractors, tenants, and customers
about recyclable materials and organic waste recovery requirements
and about proper sorting of recyclable materials, organic materials,
and mixed waste;
(g)
Ensure
that employees of valet services, concierge services, zero waste facilitators,
waste brokers, and other vendors hired to manage the property's collection
service are trained by city staff on an annual basis about recyclable
materials and organic waste recovery requirements and proper sorting
of recyclable materials, organic materials, and mixed waste. The city
will maintain a list of vendors whose staff have received such training;
(h)
Provide
education information before or within fourteen days of occupation
of the premises to new tenants that describes requirements to source
separate recyclable materials and organic materials and to keep source
separated organic materials and source separated recyclable materials
separate from each other and from solid waste/mixed waste (when applicable)
and the location of containers and the rules governing their use at
each property;
(i)
Provide
or arrange access for city or its designee to their properties during
all Inspections conducted in accordance with this chapter to confirm
compliance with the requirements of this chapter;
(j)
At
the option of the responsible party of the large multifamily premises
and subject to approval and written notification required from the
city or its designee, implement a remote monitoring program and install
devices on or in containers for inspection of the contents of its
recyclable materials containers, organic materials containers, and
mixed waste containers for the purpose of monitoring the contents
of containers to determine appropriate levels of service and to identify
prohibited container contaminants. The authorized collector may require
a waiver or release of liability from responsible party for incidental
damage to remote monitoring device during operations.
(k)
If the responsible party of a large multifamily premises wants to self-haul, meet the self-hauler requirements in Section 8.16.240 of this chapter.
(l)
Large
multifamily premises that generate two cubic yards or more of total
discarded materials, recyclable materials, and organic materials per
week (or other threshold defined by the state) that arrange for gardening
or landscaping services shall require that the contract or work agreement
between the owner, occupant, or operator of a large multifamily premises
and a gardening or landscaping service specifies that the designated
organic materials generated by those services be managed in compliance
with this chapter;
(Ord. 3183-21 § 2)
Responsible parties of commercial premises shall:
(a)
Provide
or arrange for yard trimmings, food scraps, and mixed waste collection
services consistent with this chapter and for employees, contractors,
tenants, and customers;
(b)
Subscribe
to and pay for the city's at least weekly collection services for
collection of yard trimmings, food scraps, and mixed waste and comply
with requirements of those services as further described below in
this section. The city shall have the right to review the number and
size of a commercial premises' 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.
The responsible party of the commercial business shall adjust their
service level for their collection services as requested by the director;
(c)
Place,
and direct its generators to place, source separated food scraps;
yard trimmings and mixed waste in the appropriate approved containers;
(d)
Not
place, and direct its generators to not place, prohibited container
contaminants in approved collection containers and to not place food
scraps or yard trimmings in the mixed waste containers;
(e)
Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (f)(1) and (f)(2) of this section) for employees, contractors, tenants, and customers, consistent with city's recyclable materials, organic materials, and mixed waste collection service or, if self-hauling, consistent with the commercial premises' approach to complying with self-hauler requirements in Section 8.16.240 of this chapter;
(f)
Provide
pre-collection containers for the collection of source separated recyclable
materials and source separated food scraps in all indoor and outdoor
areas where mixed waste containers are provided for customers, for
materials generated by that commercial 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 responsible party of the commercial business does not have
to provide that particular container in all areas where mixed waste
containers are provided for customers. Pursuant to 14 CCR Section
18984.9(b), the containers provided by the responsible party of the
commercial business shall have either:
(1)
A body or lid that conforms with the container colors provided through
the collection service provided by city, with either lids conforming
to the color requirements or bodies conforming to the color requirements
or both lids and bodies conforming to color requirements. The responsible
party of the 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 14 CCR Section 18984.8,
the container labeling requirements are required on new containers
commencing January 1, 2022.
(g)
Through education, training, inspection, and/or other measures, prohibit employees and contractors from placing materials in a container not designated for those materials per the guidelines of the city's recyclable materials, organic materials and mixed waste collection services or, if self-hauling, per the instructions of the commercial business's responsible party to support its compliance with self-hauler requirements in Section 8.16.240 of this chapter;
(h)
Periodically
inspect recyclable materials containers, organic materials containers,
and solid waste/mixed waste 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);
(i)
Annually
provide information to employees, contractors, tenants, and customers
about recyclable materials and organic waste recovery requirements
and about proper sorting of recyclable materials, organic materials,
and mixed waste;
(j)
Ensure
that employees of valet services, concierge services, zero waste facilitators,
waste brokers, and other vendors hired to manage the property's collection
service are trained by city staff on an annual basis about recyclable
materials and organic waste recovery requirements and proper sorting
of recyclable materials, organic materials, and mixed waste. The city
will maintain a list of vendors whose staff have received such training;
(k)
Provide
education information before or within fourteen days of occupation
of the premises to new tenants that describes requirements to source
separate recyclable materials and organic materials and to keep source
separated organic materials and source separated recyclable materials
separate from each other and from other mixed waste (when applicable)
and the location of containers and the rules governing their use at
each property;
(l)
Provide
or arrange access for the city or its designee to their properties
during all Inspections conducted in accordance with this chapter to
confirm compliance with the requirements of this chapter;
(m)
At
the option of the responsible party of the commercial business and
subject to approval and written notification required from the city
or its designee, implement a remote monitoring program and install
devices on or in containers for inspection of the contents of its
recyclable materials containers, organic materials containers, and
mixed waste containers for the purpose of monitoring the contents
of containers to determine appropriate levels of service and to identify
prohibited container contaminants. The authorized collector may require
a waiver or release of liability from responsible party for incidental
damage to remote monitoring device during operations;
(n)
If the responsible party of a commercial business wants to self-haul, meet the self-hauler requirements in Section 8.16.240 of this chapter.
(Ord. 3183-21 § 2)
(a)
De
Minimis Waivers for Commercial Premises. The city may waive a responsible
party's obligation to comply with some or all recyclable materials
and organic waste requirements of this chapter if the responsible
party of the commercial business provides documentation that the commercial
business' total solid waste collection service is equal to or less
than ninety-six gallons or one forty-seventh of a cubic yard per week
or as otherwise determined by the director. No de minimis waivers
are available for large multifamily premises.
(b)
Self-Haul Waivers for Commercial and Large Multifamily Premises. The city may waive a responsible party's obligation to subscribe to and pay for city collection services for food scraps and/or yard trimmings provided that the responsible party meets the self hauler requirements in Section 8.16.240 of this chapter. No waivers are available for mixed waste collection services. No waivers for food scraps collection services are available for large multifamily premises.
(c)
Review
and Approval of Waivers by City. Waivers shall be granted to responsible
parties by city according to the following process:
(1)
Responsible parties of premises seeking waivers shall submit a completed
application form to the director for a waiver specifying the waiver
type requested, type(s) of collection services for which they are
requesting a waiver, the reason(s) for such waiver, and documentation
supporting such request;
(2)
Upon waiver approval, city shall specify that the waiver is valid
for five years;
(3)
The waiver holder shall notify the city if circumstances change such
that the commercial business premises may no longer qualify for the
waiver granted, in which case waiver will be rescinded;
(4)
Any waiver holder must cooperate with the city for compliance inspections and enforcement as stated in Section 8.16.270 of this chapter;
(5)
The waiver holder shall reapply to the director for a waiver upon
the expiration of the waiver period and shall submit any required
documentation, and/or fees/payments as required by the city. Failure
to submit a completed application shall equate to an automatic denial
of said application;
(6)
The director may revoke a waiver upon a determination that any of
the circumstances justifying a waiver are no longer applicable.
(Ord. 3183-21 § 2)
(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 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)
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 or designee to access the premises, conduct Inspections,
and review electronic and hard copy 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.
(d)
Tier
one commercial edible food generators shall submit food recovery reports,
as defined below, to the department or designee according to the following
schedule:
(1)
On or before August 1, 2022, tier one commercial edible food generators
shall submit a food recovery report for the period of January 1, 2022
through June 30, 2022.
(2)
On or before May 1, 2023, and on or before May 1 each year thereafter,
tier one commercial edible food generators shall submit a food recovery
report for the period covering the entire previous calendar year.
(e)
Tier
two commercial edible food generators shall submit food recovery reports,
as defined below, to the department or designee according to the following
schedule:
(1)
On or before May 1, 2025, and on or before May 1 each year thereafter,
tier two commercial edible food generators shall submit a food recovery
report for the period covering the entire previous calendar year.
(f)
Food
recovery reports shall include the following information:
(1)
The name and address of the commercial edible food generator;
(2)
The name of the person responsible for the commercial edible food
generator's edible food recovery program;
(3)
A list of all contracted food recovery services or food recovery
organizations that collect edible food from the commercial edible
food generator;
(4)
The total number of pounds of edible food donated, per year, through
a contracted food recovery organization or food recovery service.
(g)
Nothing
in this chapter 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.
(Ord. 3183-21 § 2)
(a)
A
food recovery service collecting, receiving or coordinating the collection
of 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 food recovery 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)
A
food recovery organization collecting, receiving or coordinating the
collection of 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 food recovery 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 food recovery organization receives edible food from
for food recovery;
(c)
A
food recovery organization and food recovery service that have their
primary address physically located in the city and contract with or
have written agreements with one or more tier one or tier two commercial
edible food generators pursuant to 14 CCR Section 18991.3(b) shall
submit food recovery reports, as defined below, to the department
or designee according to the following schedule:
(1)
On or before August 1, 2022, a food recovery organization and food
recovery service shall submit a food recovery report for the period
of January 1, 2022 through June 30, 2022;
(2)
On or before May 1, 2023, and on or before May 1 each year thereafter,
a food recovery organization and food recovery service shall submit
a food recovery report for the period covering the entire previous
calendar year.
(d)
Food
recovery reports submitted by a food recovery service or food recovery
organization shall include the following information:
(e)
In
order to support edible food recovery capacity planning assessments
or other studies conducted by the County of Santa Clara, the city,
or designee(s), a food recovery service and food recovery organization
operating in the city shall provide information and consultation to
the city or designee, upon request, regarding existing, or proposed
new or expanded, food recovery capacity that could be accessed by
the city and its commercial tier one and tier two edible food generators.
A food recovery service or food recovery organization contacted by
the city or its designee shall respond to such request for information
within sixty days, unless a shorter timeframe is otherwise specified
by the department or designee.
(Ord. 3183-21 § 2)
(a)
Requirements
for Haulers.
(1)
Franchised hauler(s), permitted haulers, and/or contracted haulers
providing recyclable materials, organic waste, and/or solid waste
collection services to generators within the city's boundaries shall
meet the following requirements and standards as a condition of approval
of its contract, agreement, permit, license, or other authorization
with the city to collect recyclable materials, organic materials,
and/or solid waste:
(A)
Through written notice to the city annually on or before January
1 of each year, identify the facilities to which they will transport
discarded materials, including facilities for source separated recyclable
materials, source separated organic materials, and solid waste/mixed
waste unless otherwise stated in the franchise agreement, contract,
permit, or license, or other authorization with the city;
(B)
Transport source separated recyclable materials to a facility that recovers those materials; transport source separated organic materials and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; transport solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste; and transport manure to a facility that manages manure in conformance with 14 CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC);
(D)
Franchised hauler(s), permitted haulers, and/or licensed haulers
authorized to collect recyclable materials, organic materials, and/or
mixed 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.
(b)
Requirements
for Facility Operators and Community Composting Operations.
(1)
Owners of facilities, operations, and activities located in the city's
boundaries 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 thirty days.
(2)
Community composting operators with operations located in the city's
boundaries, upon city 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 thirty days.
(Ord. 3183-21 § 2)
(a)
Every self-hauler shall source separate its recyclable materials and organic materials (materials that the city otherwise requires generators or responsible parties to separate for collection in the city's recyclable materials and organic materials collection program) generated on-site from mixed waste in a manner consistent with 14 CCR Section 18984.1 and 18984.2 and the city's collection program. Self-haulers shall deliver their materials to facilities described in subsection (b) of this section.
(b)
Self-haulers
that source separate their recyclable materials and organic materials
shall haul their source separated recyclable materials to a facility
that recovers those materials; haul their source separated organic
waste to a facility, operation, activity, or property that processes
or recovers source separated organic waste.
(c)
Self-haulers
that are responsible parties of commercial businesses or large multifamily
premises shall keep records of the amount of recyclable materials
and organic waste delivered to each facility, operation, activity,
or property that processes or recovers recyclable materials and organic
waste and processes or disposes of mixed waste or shall keep records
of mixed waste delivered to high diversion organic waste processing
facilities. These records shall be subject to inspection by the city
or its designee. The records shall include the following information:
(1)
Delivery receipts and weight tickets from the entity accepting the
recyclable materials and organic materials;
(2)
The amount of material in cubic yards or tons transported by the
generator or responsible party 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
recyclable materials and organic materials.
(d)
Self-haulers
that are commercial businesses or large multifamily premises shall
provide copies of records required by this section to the city if
requested by the director and shall provide the records at the frequency
requested by the director.
(Ord. 3183-21 § 2)
Persons applying for a permit from the city for new construction, building additions or alterations, or demolition shall comply with all applicable required components of Chapters 16.43 and 16.74 of this code and the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended. If the requirements of CALGreen are more stringent than the requirements of this code, the CALGreen requirements shall apply.
(Ord. 3183-21 § 2)
The city council shall establish policies for environmentally
sustainable procurement that shall apply to city departments, direct
service providers and vendors of goods to the city.
(Ord. 3183-21 § 2)
(a)
The city or its designee may 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 generators, responsible parties of commercial businesses, responsible parties of large multifamily family premises, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable legal and constitutional requirements. This section does not authorize entry into the interior of a private residential property for inspection. For the purposes of inspecting commercial businesses' or large multifamily premises' containers for compliance with Section 8.16.180 or 8.16.190 of this chapter, the city may conduct container inspections for prohibited container contaminants using remote monitoring, and responsible parties of large multifamily premises and commercial businesses and generators at such premises shall accommodate and cooperate with the remote monitoring pursuant to Sections 8.16.180(i) and 8.16.190(l) as applicable, of this chapter.
(b)
The responsible party shall provide or arrange for access during all inspections (except for residential property interiors) and shall cooperate with the city's representative or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure of a responsible party to provide or arrange for: (1) access to an entity's premises; (2) installation and operation of remote monitoring equipment (optional); or (3) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.16.280.
(c)
Any
records obtained by the city during 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 Government
Code Section 6250 et seq.
(d)
The
city or its designee may conduct any inspections, remote monitoring,
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. 3183-21 § 2)
(a)
Enforcement
Authority.
(1)
The city enforcement official is authorized and directed to enforce
this chapter.
(2)
To the extent authorized by law, the director may delegate authority
to enforce any part of this chapter to a regional or county agency
enforcement official subject to such terms and conditions as the city
council finds to be in the public interest.
(b)
Penalties.
(1)
Every person who violates any provision of this chapter shall be guilty of an infraction, punishable as set forth in Chapter 1.04 of this code.
(2)
Violation of any provision of this chapter shall make the person violating its provisions subject to administrative citations in accordance with Chapter 1.05 of this code.
(3)
Any condition or act in violation of any provision of this chapter
or of any order or directive of the enforcement official authorized
by the provisions of this chapter is hereby declared to be a public
nuisance. Such nuisance may be abated, removed or enjoined, and damages
assessed therefor, in any manner provided by law.
(4)
The remedies provided for in this chapter shall be cumulative and
not exclusive, and shall be in addition to any and all other remedies
available to the city.
(c)
Process
for Enforcement.
(1)
The enforcement official will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Section 8.16.270 of this chapter establishes city's right to conduct inspections and investigations.
(2)
The enforcement official 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 enforcement official or designee will issue a notice of contamination
to any generator or responsible party 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 one day after determining
that a violation has occurred. If the enforcement official observes
prohibited container contaminants in a responsible party's containers
on more than three consecutive occasions, the enforcement official
may assess contamination processing fees or contamination penalties
on the generator.
(4)
Except for violations of contamination of container contents under
subsection (c)(3) of this section, 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 enforcement official shall commence
an action to impose penalties, via an administrative citation and
fine. For repeat and/or willful violations, the department may require
compliance within fewer than sixty days or may immediately issue an
administrative citation and fine.
(6)
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 multifamily premises
or commercial premises or to the responsible party for the collection
services, depending upon available information.
(d)
Penalties
for violation of this chapter shall be set forth in a resolution adopted
by the city council.
(e)
Factors
Considered in Determining Penalty Amount. The following factors shall
be used to determine the amount of the penalty for each violation
within the applicable penalty range:
(1)
The nature, circumstances, and severity of the violation(s);
(2)
The violator's ability to pay;
(3)
The willfulness of the violator's misconduct;
(4)
Whether the violator took measures to avoid or mitigate violations
of this chapter;
(5)
Evidence of any economic benefit resulting from the violation(s);
(6)
The deterrent effect of the penalty on the violator;
(7)
Whether the violation(s) were due to conditions outside the control
of the violator;
(8)
Compliance deadline extension considerations.
(f)
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:
(Ord. 3183-21 § 2)
