The City Council finds and declares:
(a)
The
City of Santa Monica has a duty to protect and preserve the health
of the natural environment, the economy, and its citizens on a sustainable
basis.
(b)
The
City of Santa Monica promotes and supports sustainable disposal, which
includes reduction, reuse, and recycling of, and land application
and renewable energy production from, unwanted and discardable items.
These items shall not be sent for land disposal but to sustainable
disposal strategies.
(c)
State
recycling law, Assembly Bill 939 of 1989, the California Integrated
Waste Management Act of 1989 (California Public Resources Code Section
40000, et seq., as amended, supplemented, superseded, and replaced
from time to time), requires cities and counties to reduce, reuse,
and recycle (including composting) solid waste generated in their
jurisdictions 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.
(d)
The
California Integrated Waste Management Act of 1989 mandates that each
local jurisdiction in the State divert fifty percent of discarded
materials from landfills by December 31, 2000. Every city and county
in California could face fines for not meeting the fifty percent diversion
goal. In 2001, the California Integrated Waste Management Board adopted
a strategic directive Statewide “zero waste” goal.
(e)
Organic
or compostable waste that is buried in the anaerobic conditions of
landfills creates methane gas along with the leaching of toxins. Landfill
methane gas is at least twenty-one times as potent as carbon dioxide
in potential impact to the planet's climate. Biomethane, from composting,
is less potent than landfill methane.
(f)
There
are facilities in Southern California that can effectively reuse,
recycle, compost or otherwise process and market much of the materials
discarded in Santa Monica and thereby divert such materials from landfills,
while hopefully creating a market for new jobs.
(g)
Many
State and local governments have mandated recycling of various materials
and composting of yard trimmings and food scraps or conversely banned
them from landfills.
(h)
State
recycling law, Assembly Bill 341 of 2011 (approved by the Governor
of the State of California on October 5, 2011) (as amended, supplemented,
superseded, and replaced from time to time) places requirements on
businesses and multi-family property owners that generate a specified
threshold amount of solid waste to arrange for recycling services
and requires jurisdictions to implement a mandatory commercial recycling
program.
(i)
State
organics recycling law, Assembly Bill 1826 of 2014 (approved by the
Governor of the State of California on September 28, 2014)(as amended,
supplemented, superseded, and replaced from time to time), requires
businesses and multi-family property owners that generate a specified
threshold amount of solid waste, recycling, and organic waste per
week to arrange for recycling services for that waste, requires jurisdictions
to implement a recycling program to divert organic waste from businesses
subject to the law, and requires jurisdictions to implement a mandatory
commercial organics recycling program.
(j)
SB
1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
CalRecycle to develop regulations to reduce organics in landfills
as a source of methane. The regulations place requirements on multiple
entities including jurisdictions, residential households, commercial
businesses and business owners, commercial edible food generators,
haulers, self-haulers, food recovery organizations, and food recovery
services to support achievement of statewide organic waste disposal
reduction targets.
(k)
The
Short-lived Climate Pollutant Reduction Act of 2016 requires jurisdictions
to adopt and enforce an ordinance or enforceable mechanism to implement
relevant provisions of SB 1383 Regulations. This Chapter will also
help reduce food insecurity by requiring commercial edible food generators
to arrange to have the maximum amount of their edible food, that would
otherwise be disposed, be recovered for human consumption.
(l)
The
Short-lived Climate Pollutant Reduction Act of 2016 requires a fifty
percent Statewide reduction in organic waste disposal to landfills
by 2022, seventy-five percent reduction in organic waste disposal
to landfills by 2025, and twenty percent recovery of edible food for
human consumption by 2025.
(m)
The
use of composted organics (plant debris, food, and compostable paper)
reduces the need for chemical fertilizers and pesticides, which are
energy intensive to manufacture and transport. The use of compost
also conserves water in landscapes and can help mitigate the decline
in soil quality in California and Santa Monica expected to result
from climate change.
(n)
Facilities
in the City and surrounding areas can effectively reuse, recycle,
and compost or otherwise process and market much of the materials
discarded in Santa Monica and thereby divert such materials from landfills
while hopefully creating new jobs.
(o)
Requirements in this Chapter are consistent with other adopted goals and policies of the City including prohibition of single-use plastic carry out bags, Chapter 5.45 of this code; prohibition on the use of non-marine degradable disposable food service ware, Chapter 5.44 of this Code; recycling of construction and demolition (C&D) materials, Chapter 8.108 of this Code; providing recycling containers for each parcel containing a building or structure, Section 9.21.130 of this Code; the City's Zero Waste Strategic Plan, Sustainable City Plan, and Climate Action and Adaptation Plan.
(Added by Ord. 2685CCS § 1, adopted 11/9/21)
The purpose of this Chapter is to implement State laws in order
to reduce the amount of recyclable, e.g., non-organic and organic,
solid wastes deposited in landfills from the City's commercial businesses,
residents, haulers, and self-haulers.
(Added by Ord. 2685CCS § 1, adopted 11/9/21)
has the same meaning as Section 9.31.025(B) of this Code.
has the same meaning as in 14 CCR Section 18982.2(a)(28)
and shall be used for the purpose of storage and collection of black
container waste.
means solid waste that is collected in a black container
that is part of a three-container organic waste collection service
that prohibits the placement of organic waste in the black container
as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise
defined in 14 CCR Section 17402(a)(6.5).
has the same meaning as in 14 CCR Section 18982.2(a)(5)
and shall be used for the purpose of storage and collection of source
separated recyclable materials or source separated blue container
organic (paper) waste.
means California's Department of Resources Recycling and
Recovery, which is the department designated with responsibility for
developing, implementing, and enforcing SB 1383 Regulations on jurisdictions
(and others).
means the State of California Code of Regulations. CCR references
in this Chapter are preceded with a number that refers to the relevant
title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, strip
mall, industrial facility, or a multi-family residential dwelling,
or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family
residential dwelling that consists of fewer than five units is not
a commercial business for purposes of implementing this Chapter.
includes a tier one or a tier two commercial edible food
generator as defined in subparagraphs (rrr) and (sss) of this Section
or as otherwise defined in 14 CCR Sections 18982(a)(73) and (a)(74).
For the purposes of this definition, food recovery organizations and
food recovery services are not commercial edible food generators pursuant
to 14 CCR Section 18982(a)(7).
means 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 solid wastes that are source separated from the municipal
solid waste stream, or which are separated at a centralized facility.
means plastic materials that meet the ASTM D6400 standard
for composability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A)
or 18984.2(a)(1)(C).
means a container, regardless of color, that contains prohibited
container contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
means construction and demolition debris.
means 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 contractor may be a government
entity, a hauler, a private entity, or a combination of those entities.
means the Director of Public Works or his or her designee.
means food intended for human consumption, or as otherwise
defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter
or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible food"
is not solid waste if it is recovered and not discarded. Nothing in
this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes
the recovery of edible food that does not meet the food safety requirements
of the California Retail Food Code.
means an action of the City to address noncompliance with
this Chapter, including, but not limited to, issuing administrative
citations, fines, penalties, or using other remedies.
means the Director.
means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious,
regulated radioactive waste, and toxic substances or material that
facility operator(s), which receive materials from the City and its
generators, reasonably believe(s) would, as a result of or upon acceptance,
transfer, processing, or disposal, be a violation of local, State,
or Federal law, regulation, or ordinance, including: land use restrictions
or conditions, waste that cannot be disposed of in Class III landfills
or accepted at the facility by permit conditions, waste that in City's,
or its contractor's reasonable opinion would present a significant
risk to human health or the environment, cause a nuisance or otherwise
create or expose City, or its contractor, to potential liability;
but not including de minimis volumes or concentrations of waste of
a type and amount normally found in single-family or multi-family
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 motor oil and
filters, household batteries, universal wastes, and/or latex paint
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 contractor for collection services.
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 non-profit charitable organization as defined in Section 113841
of the Health and Safety code; and
A non-profit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code.
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A food recovery organization 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).
If the definition in 14 CCR Section 18982(a)(25) for food recovery
organization differs from this definition, the definition in 14 CCR
Section 18982(a)(25) shall apply to this Chapter.
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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, and food-soiled paper.
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 or fiber material that has come in
contact with food or liquid, such as, but not limited to, paper plates,
paper coffee cups, napkins, and pizza boxes.
means food scraps and food-soiled paper.
means any person who produces solid waste, recyclables and
organic materials for disposal and recycling.
has the same meaning as in 14 CCR Section 18982.2(a)(29)
and shall be used for the purpose of storage and collection of source
separated green container organic waste. Some older containers may
be brown and labeled “food waste.”
means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and
poultry; and any area that is not separately owned within the store
where the food is prepared and served, including a bakery, deli, and
meat and seafood departments, or as otherwise defined in 14 CCR Section
18982(a)(30).
means a person who collects material from a generator and
delivers it to a reporting entity or end user. "Hauler" includes public
contract haulers, private contract haulers, food waste self-haulers,
and self-haulers. A person who transports material from a reporting
entity to another person is a transporter, not a hauler. The City
is the exclusive hauler for all residential and commercial materials.
Some land uses have special designation and use a licensed, permitted
private hauler. These private haulers shall comply with this Chapter
and transport organic material to a facility which composts, mulches,
or produces renewable energy from organics.
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).
means a facility that is in compliance with the reporting
requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
annual average mixed waste organic content recovery rate of fifty
percent between January 1, 2022 and December 31, 2024, and seventy-five
percent after January 1, 2025, as calculated pursuant to 14 CCR Section
18815.5(e) for organic waste received from the "mixed waste organic
collection stream" as defined in 14 CCR Section 17402(a)(11.5); or
as otherwise defined in 14 CCR Section 18982(a)(33).
means a site visit where the City reviews records, containers,
and an entity's collection, handling, recycling, or landfill disposal
of organic waste or edible food handling to determine if the entity
is complying with requirements set forth in this Chapter, or as otherwise
defined in 14 CCR Section 18982(a)(35).
has the same meaning as Section 9.31.025(C) of this Code.
means an event, including, but not limited to, a sporting
event or a flea market that charges an admission price, or is operated
by a local agency, and serves an average of more than two thousand
individuals per day of operation of the event, at a location that
includes, but is not limited to, a public, nonprofit, or privately
owned park, parking lot, golf course, street system, or other open
space when being used for an event. If the definition in 14 CCR Section
18982(a)(38) differs from this definition, the definition in 14 CCR
Section 18982(a)(38) shall apply to this Chapter.
means a permanent venue facility that annually seats or
serves an average of more than two thousand individuals within the
grounds of the facility per day of operation of the venue facility.
For purposes of this Chapter and implementation of 14 CCR, Division
7, Chapter 12, a venue facility includes, but is not limited to, a
public, non-profit, 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).
for purposes of this Chapter, means of, from, or pertaining
to residential premises with five or more dwelling units, including
ADUs and JADUs. Multi-family premises do not include hotels, motels,
or other transient occupancy facilities, which are considered commercial
businesses. Also known as commercial for the purposes of this Chapter.
includes, but is not limited to, paper that is coated in
a plastic or wax material and plastics that will not breakdown in
the commercial composting process, or as otherwise defined in 14 CCR
Section 18982(a)(41), including biodegradable paper or plastic.
means the following entities that are not subject to the
City's enforcement authority, or as otherwise defined in 14 CCR Section
18982(a)(42):
Special district(s) located within the boundaries of the City.
Federal facilities, including military installations, located
within the boundaries of the City.
Facilities operated by the State park system located within
the boundaries of the City.
Public universities (including community colleges) located within
the boundaries of the City, including Santa Monica Community College.
State agencies located within the boundaries of the City, such
as the Department of Motor Vehicles.
means non-putrescible and non-hazardous recyclable wastes,
including, but not limited to, bottles, cans, metals, plastics, paper,
and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
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). Also known as organic material or organics.
means a person or entity that is responsible for the initial
creation of organic waste, or as otherwise defined in 14 CCR Section
18982(a)(48).
include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated
boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section
18982(a)(51).
includes any person, firm, association, organization, partnership,
business trust, company, or corporation.
means the following: (1) discarded materials placed in the
blue container that are not identified as acceptable source separated
recyclable materials for the City's blue container; (2) discarded
materials placed in the green container that are not identified as
acceptable source separated green container organic waste for the
City's green container; (3) discarded materials placed in the black
container that are acceptable source separated recyclable materials
and/or source separated green container organic wastes to be placed
in jurisdiction's green container and/or blue container; and (4) excluded
waste placed in any container.
means any waste material which can be reused or reprocessed
to produce a useable material or which is designated by the Director
of Public Works or Manager of Resource Recovery and Recycling Division
as recyclable material. Recyclables may include wastes defined as
building rubbish, construction and demolition materials, garbage,
industrial waste, hazardous waste, or rubbish. Also known as recyclable
materials as defined in Subsection 5.08.010(m) of this Code
means the process of collecting, sorting, cleansing, treating,
and reconstituting recyclable materials for the purpose of using the
altered form in the manufacture of a new product. Recycling does not
include burning, incinerating, or thermally destroying solid waste.
means the use of the internet of things (IoT) and/or wireless
electronic devices to visualize the contents of blue containers, green
containers, and black containers for purposes of identifying the quantity
of materials in containers (level of fill) and/or presence of prohibited
container contaminants.
means an establishment primarily engaged in the retail sale
of food and drinks for on-premises or immediate consumption, or as
otherwise defined in 14 CCR Section 18982(a)(64).
means a visual inspection of containers along a hauler route
for the purpose of determining container contamination and may include
mechanical inspection methods such as the use of cameras or as otherwise
defined in 14 CCR Section 18982(a)(65).
means Senate Bill 1383 of 2016 approved by the Governor
on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7,
and 39730.8 to the Health and Safety Code, and added Chapter 13.1
(commencing with Section 42652) to Part 3 of Division 30 of the Public
Resources Code, establishing methane emissions reduction targets in
a Statewide effort to reduce emissions of short-lived climate pollutants
as amended, supplemented, superseded, and replaced from time to time.
means a person, who hauls solid waste, organic waste or
recyclable material he or she has generated to another person. Self-hauler
also includes a person who back-hauls waste, or as otherwise defined
in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting
organic waste to a destination owned and operated by the generator
using the generator's own employees and equipment, or as otherwise
defined in 14 CCR Section 18982(a)(66)(A).
for purposes of this Chapter, means of, from, or pertaining
to any residential premises with fewer than five dwelling units, including
ADUs and JADUs. For the purposes of this Chapter, the single-family
owner shall conduct annual education for all onsite residents.
means the Santa Monica Municipal Code.
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 destined to a landfill, with the exception that
solid waste does not include any of the following wastes:
Hazardous waste, as defined in the State Public Resources Code
Section 40141.
Radioactive waste regulated pursuant to the State Radiation
Control Law (Chapter 8 (commencing with Section 114960) of Part 9
of Division 104 of the State Health and Safety Code).
Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division
104 of the State Health and Safety Code). Untreated medical waste
shall not be disposed of in a solid waste landfill, as defined in
State Public Resources Code Section 40195.1. Medical waste that has
been treated and deemed to be solid waste shall be regulated pursuant
to Division 30 of the State Public Resources Code.
means materials, including commingled recyclable materials,
that have been separated or kept separate from the solid waste stream,
at the point of generation, for the purpose of additional sorting
or processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products, which meet the quality standards
necessary to be used in the marketplace, or as otherwise defined in
14 CCR Section 17402.5(b)(4). For the purposes of the Chapter, source
separated shall include separation of materials by the generator,
property owner, property owner's employee, property manager, or property
manager's employee into different containers for the purpose of collection
such that source separated materials are separated from black container
waste or other solid waste for the purposes of collection and processing.
means source separated organic wastes that can be placed
in a blue container that is limited to the collection of those organic
wastes and non-organic recyclables as defined in Section 18982(a)(43),
or as otherwise defined by Section 17402(a)(18.7). Organic waste means
former living fiber and dry materials, e.g. paper, cardboard. Excludes
plant cuttings, trimmings.
means source separated organic waste that can be placed
in a green container that is specifically intended for the separate
collection of organic waste by the generator, excluding source separated
blue container organic waste, carpets, non-compostable paper, and
textiles.
means source separated non-organic recyclables and source
separated blue container organic waste, including, but not limited
to, paper, cardboard, glass, metal, and plastic containers.
means the State of California.
means a full-line, self-service retail store with gross
annual sales of two million dollars or more, and which sells a line
of dry grocery, canned goods, or nonfood items and some perishable
items, or as otherwise defined in 14 CCR Section 18982(a)(71).
means a commercial edible food generator that is one of
the following:
means a commercial edible food generator that is one of
the following:
Restaurant with two hundred fifty or more seats, or a total
facility size equal to or greater than five thousand square feet;
Hotel with an on-site food facility and two hundred or more
rooms;
Health facility with an on-site food facility and one hundred
or more beds;
Large venue;
Large event;
A State agency with a cafeteria with two hundred fifty or more
seats or total cafeteria facility size equal to or greater than five
thousand square feet;
means a dwelling unit as defined in Section 9.52.020.0730 of this Code, an ADU, and a Junior ADU.
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).
(Added by Ord. 2685CCS § 1, adopted 11/9/21)
(a)
Generators shall have and maintain a three-container solid waste collection system consisting of black containers, blue containers, and green containers, and shall comply with the general requirements specified in Section 9.21.130 of this Code.
(b)
Generators
shall separate materials into their correct containers and shall not
place prohibited container contaminants in any container.
(c)
Generators
shall provide adequate onsite parcel space for a three-container solid
materials system, unless otherwise allowed by the City. The container
space or refuse enclosure shall be large enough to accommodate a minimum
of three containers, including additional space for accessibility
by persons and collection vehicles.
(d)
Generators
shall maintain and keep materials containers areas, including refuse
enclosures, clean, free of litter, debris, stored supplies, equipment
and other materials, and unsanitary conditions, and safely accessible
to users and City staff and vehicles.
(e)
Generators
shall keep container lids closed at all times when not in use.
(f)
Generators shall comply with the standards set forth in Section 9.21.130 of this Code, to the extent required by Section 9.21.130.A.
(g)
Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with City's C&D requirements, Chapter 8.108, Subpart B of this Code, and all written and published City policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
(Added by Ord. 2685CCS § 1, adopted 11/9/21)
Single-family organic material generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in Section 5.46.100 of this Chapter:
(a)
Shall
subscribe to City's three-container collection services and comply
with requirements of those services as described below in subparagraph
(b). 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 its service level for its collection services as requested
by the City. Generators may additionally manage their organic material
by preventing or reducing their organics, managing it onsite, and/or
using a community composting site pursuant to 14 CCR Section 18984.9(c).
(b)
Shall
place designated materials in designated containers as described below,
and shall not place prohibited container contaminants in collection
containers.
(1)
Generators shall place source separated green container organic waste,
including food scraps, in the green container; source separated recyclable
materials in the blue container; and solid waste in the black container.
Generators shall not place materials designated for the black container
into the green container or blue container.
(Added by Ord. 2685CCS § 1, adopted 11/9/21)
Generators that are commercial businesses and multi-family residential
dwellings, shall:
(a)
Subscribe to City's three-container collection services and comply with requirements of those services as described below in subsection (b), except commercial businesses that meet the self-hauler requirements in Section 5.46.100 of this Chapter. 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)
Except commercial businesses that meet the self-hauler requirements in Section 5.46.100 of this Chapter, participate in the City's organics collection service(s) by placing designated materials in designated containers as described below.
(1)
Generators shall place source separated green container organic material,
including food waste, in the green container; source separated recyclable
materials in the blue container; and solid waste in the black container.
Generators shall not place materials designated for the black container
into the green container or blue container.
(c)
Excluding multi-family residential dwellings, supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subparagraphs (d)(1) and (d)(2), below) in all indoor and outdoor areas for employees, contractors, tenants, and customers, consistent with City's blue container, green container, and black container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 5.46.100 of this Chapter.
(d)
Excluding
multi-family 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 employees, contractors, tenants, and customers,
for materials generated by that business. Such containers do not need
to be provided in restrooms. If a commercial business does not generate
any of the materials that would be collected in one type of container,
then the business does not have to provide that particular container
in all areas where disposal containers are provided for customers.
Pursuant to 14 CCR Section 18984.9(b), the containers provided by
the business shall have either:
(1)
A body or lid that conforms with the container colors provided through
the collection service provided by 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. A commercial
business is not required to replace functional containers, including
containers purchased prior to January 1, 2022, that do not comply
with the requirements of the subsection prior to the end of the useful
life of those containers, or prior to January 1, 2036, whichever comes
first.
(2)
Container labels that include language or graphic images, or both,
indicating the primary material accepted and the primary materials
prohibited in that container, or containers with imprinted text or
graphic images that indicate the primary materials accepted and primary
materials prohibited in the container. Pursuant 14 CCR Section 18984.8,
the container labeling requirements are required on new containers
commencing January 1, 2022.
(f)
To the extent practical through education, training, inspection, and/or other measures prohibit residents, occupants, tenants, contractors, and employees from placing materials in a container not designated for those materials per the City's blue container, green container, and black container collection service or, if self-hauling, in accordance with Section 5.46.100 of this Chapter.
(g)
Periodically,
e.g. once per month, inspect blue containers, green containers, and
black containers for contamination and inform residents, occupants,
tenants, contractors, and 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 residents, occupants, tenants, contractors,
employees, 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
educational information before or within fourteen days of occupation
of the premises to new residents, occupants, tenants, contractors,
and employees that describes requirements to keep source separated
green container organic waste and source separated recyclable materials
separate from black container waste (when applicable) and the location
of containers and the rules governing their use at each property.
(j)
Provide or arrange access for City or its agent to their properties during all inspections conducted in accordance with Section 5.46.120 of this Chapter to confirm compliance with the requirements of this Chapter.
(k)
Accommodate and cooperate with City's remote monitoring program for inspection, if available, of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with subsection (b) of this Section. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and black containers.
(l)
At
commercial business's option and subject to any approval required
from the City, implement a remote monitoring program, if available,
for inspection of the contents of its blue containers, green containers,
and black containers for the purpose of monitoring the contents of
containers to determine appropriate levels of service and to identify
prohibited container contaminants. Generators may install remote monitoring
devices on or in the blue containers, green containers, and black
containers subject to written notification to or approval by the City
or its contractor.
(m)
If a commercial business wants to self-haul, meet the self-hauler requirements in Section 5.46.100 of this Chapter.
(Added by Ord. 2685CCS § 1, adopted 11/9/21)
(a)
De Minimis Waivers. The City may waive a Commercial business's
obligation (including multi-family residential dwellings) to comply
with some or all of the organics recycling requirements of this Chapter
if the commercial business provides documentation that the business
generates below a certain amount of organic material as described
in subparagraph (a)(2) below. commercial businesses requesting a de
minimis waiver shall:
(1)
Submit an application, determined by the City, specifying the services
that they are requesting a waiver from and provide documentation as
noted in subparagraph (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 organics subject to collection
in a green container comprises less than twenty gallons per week per
applicable container; or
(B)
The commercial business's total solid waste collection service is
less than two cubic yards per week and organic material subject to
collection in a green container comprises less than ten gallons per
week per applicable container.
(3)
Notify City if circumstances change such that commercial business's
organics exceed threshold required for waiver, in which case waiver
will be rescinded.
(4)
Provide written verification of eligibility for de minimis waiver
every five years, if City has approved de minimis waiver.
(b)
Physical Space Waivers. The City may waive a commercial business's
or property owner's obligations (including multi-family residential
dwellings) to comply with some or all of the organics collection service
requirements 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 compliance
with the organics collection requirements of this Chapter.
A commercial business or property owner may request a physical
space waiver through the following process:
(1)
Submit an application form specifying the organics collection service
for which they are requesting a compliance waiver.
(2)
Provide documentation that the premises lacks adequate space for
green containers including documentation from its hauler, licensed
architect, or licensed engineer.
(3)
Provide written verification to City that it is still eligible for
physical space waiver every five years, if City has approved application
for a physical space waiver.
(c)
Modifications. Modifications from resource recovery and recycling design standards that are authorized in accordance with Section 9.21.130(D) of this Code.
(d)
Review and Approval of Waivers by City. Any waiver must be
granted, in writing, by the Director, or his or her designee.
(Added by Ord. 2685CCS § 1, adopted 11/9/21)
(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)
Shall not intentionally spoil edible food that is capable of being
recovered by a food recovery organization or a food recovery service.
(4)
Allow 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 organization that collects
or receives its edible food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
(C)
A record of the following information for each of those food recovery
services or food recovery organizations:
(i)
The name, address, and contact information of the food recovery
service or food recovery organization.
(ii)
The types of food that will be collected by or self-hauled to
the food recovery service or food recovery organization.
(iii)
The established frequency that food will be collected or self-hauled.
(iv)
The quantity of food, measured in pounds recovered per month,
collected or self-hauled to a food recovery service or food recovery
organization for food recovery.
(6)
No later than July 15th of each year commencing no later than July
15, 2022 for tier one commercial edible food generators and July 15,
2024 for tier two commercial edible food generators, provide an annual
food recovery report to the jurisdiction that includes the following
information: weights of all edible food recovered, put into major
categories of food items, and dates sent to recovery group.
(d)
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 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Added by Ord. 2685CCS § 1, adopted 11/9/21)
(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, broken into major categories and
dates of donation.
(3)
The name, address, and contact information for each food recovery
service that the organization receives edible food from for food recovery.
(c)
Food
recovery organizations and food recovery services that have their
primary address physically located in the City and contract with or
have written agreements with one or more commercial edible food generators
pursuant to 14 CCR Section 18991.3(b) shall report to the City it
is located in the total pounds of edible food recovered in the previous
calendar year from the tier one and tier two commercial edible food
generators they have established a contract or written agreement with
pursuant to 14 CCR Section 18991.3(b) no later than July 15.
(d)
Food Recovery Capacity Planning.
(1)
Food Recovery Services and Food Recovery Organizations. In order to support edible food recovery capacity planning assessments
or other studies conducted by the County, City, special district that
provides solid waste collection services, or its designated entity,
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.
(Added by Ord. 2685CCS § 1, adopted 11/9/21)
(a)
Requirements for Haulers.
(1)
No hauler shall operate in the City to provide residential, commercial,
or industrial organic waste collection services to generators without
a contract, agreement, or other written authorization from the City.
(2)
Any haulers providing residential, commercial, or industrial organic
waste collection services to generators within the city's boundaries
shall meet the following requirements and standards as a condition
of approval of a contract, agreement, or other authorization with
the City to collect organic waste:
(A)
Obtain a business license from the City.
(B)
Through written notice to the City annually on or before July 15,
identifying the facilities to which they will transport organic waste
including facilities for source separated recyclable materials, source
separated green container organic waste, and mixed waste.
(3)
Any hauler authorized to collect organic waste shall comply with
education, equipment, signage, container labeling, container color,
contamination monitoring, reporting, and other requirements contained
within its franchise agreement, permit, license, or other agreement
entered into with City.
(Added by Ord. 2685CCS § 1, adopted 11/9/21)
(a)
No
self-hauler shall operate in the City without a contract, agreement,
or other written authorization from the City.
(b)
Self-haulers
shall source separate all recyclable materials and organics (materials
that city otherwise requires generators to separate for collection
in the city's organics and recycling collection program) generated
onsite from solid waste in a manner consistent with 14 CCR Section
18984.1, or shall haul organics to a high diversion organic waste
processing facility.
(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 organics to a high diversion
organic waste processing facility.
(d)
Self-haulers
that are commercial businesses (including multi-family 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 jurisdiction. 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
onsite, 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)
Self-haulers
that are commercial businesses (including multi-family self-haulers)
shall provide information collected in Section 5.46.100(d) of this
Chapter to City if requested.
(f)
A
residential organic waste generator that self-hauls organic waste
is not required to record or report information in Sections 5.46.100(d)
and (e) of this Chapter.
(Added by Ord. 2685CCS § 1, adopted 11/9/21)
(a)
City
representatives and/or its designated entity, including contractors,
are authorized to conduct inspections and investigations, at random
or otherwise, of any city-provided collection container, collection
vehicle loads, or transfer, processing, or disposal facility for materials
collected from generators or source separated materials to confirm
compliance with this Chapter by organic waste generators, commercial
businesses (including multi-family residential dwellings), property
owners, commercial edible food generators, haulers, self-haulers,
food recovery services, and food recovery organizations, subject to
applicable laws. This Section does not allow City to enter the interior
of a private residential property for inspection. For the purposes
of inspecting commercial business containers for compliance with this
Chapter, City may conduct container inspections for prohibited container
contaminants using remote monitoring, and commercial businesses shall
accommodate and cooperate with city's use of remote monitoring.
(b)
Any
person regulated under this Chapter shall provide or arrange for access
during all inspections (with the exception of residential property
interiors) and shall cooperate with the City's employee or its designated
entity/contractor during such inspections and investigations. Such
inspections and investigations may include confirmation of proper
placement of materials in containers, edible food recovery activities,
records, or any other requirement of this Chapter described herein.
Failure to provide or arrange for: (1) access to an entity's premises;
(2) installation and operation of remote monitoring equipment; or
(3) access to records for any inspection or investigation is a violation
of this Chapter and may result in penalties described.
(c)
Any
records obtained by a 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 Government
Code Section 6250 et seq.
(d)
City
representatives, its designated entity, and/or contractor are authorized
to 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.
(f)
Upon
finding prohibited container contaminants in a container, the City
shall notify the generator of the violation.
(1)
The notice shall, at a minimum, include information regarding the
generator's requirement to properly separate materials into the appropriate
containers and may include photographic evidence of the violation
and require corrective action.
(2)
The notice may be left on the generator's container, gate, or door
at the time the violation occurs, and/or be mailed, e-mailed, or electronically
messaged to the generator.
(3)
If the City observes prohibited container contaminants in a generator's
collection container(s), it may dispose of the container's contents.
(4)
The City may impose administrative civil penalties on generators
in violation of the prohibited container contaminants requirement
in subdivision (f), above.
(Added by Ord. 2685CCS § 1, adopted 11/9/21)
(a)
Notice of Violation. Violation of any provision of this Chapter
shall constitute grounds for issuance of a notice of violation and
assessment of a penalty by the Enforcement Official, in the amounts
set forth in subparagraph (b).
(b)
Penalties. The penalty levels for any violation of this Chapter
are as follows:
(1)
For a first violation, the amount of the base penalty shall be one
hundred dollars per violation.
(2)
For a second violation, the amount of the base penalty shall be two
hundred dollars per violation.
(3)
For a third or subsequent violation, the amount of the base penalty
shall be five hundred dollars per violation.
(c)
Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation in accordance with the procedures set forth in Section 1.09.060 of this Code.
(d)
Nonexclusive Remedies and Penalties. Other remedies allowed
by law may be used in addition to penalties, including civil action
or prosecution for violation of any provision of this Chapter as misdemeanor
or infraction. The City may also pursue civil actions in the California
courts to seek recovery of unpaid administrative citations.
(Added by Ord. 2685CCS § 1, adopted 11/9/21)
The Director shall adopt rules and regulations consistent with
this Chapter to effectuate its purpose and intent.
(Added by Ord. 2685CCS § 1, adopted 11/9/21)
This Chapter shall be effective commencing on January 1, 2022.
(Added by Ord. 2685CCS § 1, adopted 11/9/21)
