Note: Prior ordinance history: Ord. 306 §§ 1,
2.
has the same meaning as in 14 CCR Section 18982(a)(5) and
shall be used for the purpose of storage and collection of source
separated recyclable materials or source separated blue container
organic waste.
means California's Department of Resources Recycling
and Recovery, which is the department designated with responsibility
for developing, implementing, and enforcing SB 1383 regulations on
the City.
means the State of California Code of Regulations. CCR references
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 multifamily residential dwelling,
or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily
residential dwelling that consists of fewer than five (5) 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 14 CCR Section 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.
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 (100) cubic yards and
seven hundred fifty (750) 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),
as may be amended from time to time.
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 designee may
be a government entity, a hauler, a private entity, or a combination
of those entities.
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 by 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 Manager or an authorized designee who is partially
or wholly responsible for enforcing this Chapter.
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 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 single family or multifamily solid
waste after implementation of programs for the safe collection, processing,
recycling, treatment, and disposal of batteries and paint in compliance
with Sections 41500 and 41802 of the California Public Resources Code.
means a company that distributes food to entities including,
but not limited to, supermarkets and grocery stores, or as otherwise
defined in 14 CCR Section 18982(a)(22).
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 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).
has the same meaning as in 14 CCR Section 18982(a)(28) and
shall be used for the purpose of storage and collection of gray container
waste.
has the same meaning as in 14 CCR Section 18982(a)(29) and
shall be used for the purpose of storage and collection of source
separated green container organic waste.
means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and
poultry; and any area that is not separately owned within the store
where the food is prepared and served, including a bakery, deli, and
meat and seafood departments, or as otherwise defined in 14 CCR Section
18982(a)(30).
means 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 (50%) between January 1, 2022 and December 31, 2024, and seventy-five
percent (75%) 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).
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
(2,000) 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.
means a permanent venue facility that annually seats or serves
an average of more than two thousand (2,000) 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.
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).
means of, from, or pertaining to residential premises with
five (5) or more dwelling units. Multifamily premises do not include
hotels, motels, or other transient occupancy facilities, which are
considered commercial businesses.
refers to the Model Water Efficient Landscape Ordinance (MWELO),
23 CCR, Division 2, Chapter 2.7.
includes, but is not limited to, paper that is coated in
a plastic material that will not breakdown in the composting process,
or as otherwise defined in 14 CCR Section 18982(a)(41).
means non-putrescible and non-hazardous recyclable wastes,
including, but not limited to, bottles, cans, metals, plastics and
glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
means solid wastes containing material originated from living
organisms and their metabolic waste products, including, but not limited
to, food, green material, landscape and pruning waste, organic textiles
and carpets, lumber, wood, paper products, printing and writing paper,
manure, biosolids, digestate, and sludges or as otherwise defined
in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined
by 14 CCR Section 18982(a).
means a person or entity that is responsible for the initial
creation of organic waste, or as otherwise defined in 14 CCR Section
18982(a)(48).
include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated
boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section
18982(a)(51).
include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, posters, index cards, calendars,
brochures, reports, magazines, and publications, or as otherwise defined
in 14 CCR Section 18982(a)(54).
means the following: (1) discarded materials placed in the
blue container that are not identified as acceptable source separated
recyclable materials for the City's blue container; (2) discarded
materials placed in the green container that are not identified as
acceptable source separated green container organic waste for the
City's green container; (3) discarded materials placed in the
gray container that are acceptable source separated recyclable materials
and/or source separated green container organic wastes to be placed
in the City's green container and/or blue container; and (4)
excluded waste placed in any container.
means products made from California, landfill-diverted recovered
organic waste processed in a permitted or otherwise authorized facility,
or as otherwise defined in 14 CCR Section 18982(a)(60).
means paper products and printing and writing paper that
consists of at least thirty percent (30%), by fiber weight, postconsumer
fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
means the use of the Internet of Things (IoT) and/or wireless
electronic devices to visualize the contents of blue containers, green
containers, and gray 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 of, from, or pertaining to any residential premises
with fewer than five (5) units.
has the same meaning as defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and
nonputrescible solid, semi-solid, and liquid wastes, including garbage,
trash, refuse, paper, rubbish, ashes, industrial wastes, demolition
and construction wastes, abandoned vehicles and parts thereof, discarded
home and industrial appliances, dewatered, treated, or chemically
fixed sewage sludge which is not hazardous waste, manure, vegetable
or animal solid and semi-solid wastes, and other discarded solid and
semi-solid wastes, with the exception that solid waste does not include
any of the following wastes:
Hazardous waste, as defined in the State Public Resources Code
Section 40141.
Radioactive waste regulated pursuant to the State Radiation
Control Law (Chapter 8 (commencing with Section 114960) of Part 9
of Division 104 of the State Health and Safety Code).
Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division
104 of the State Health and Safety Code). Untreated medical waste
shall not be disposed of in a solid waste landfill, as defined in
State Public Resources Code Section 40195.1. Medical waste that has
been treated and deemed to be solid waste shall be regulated pursuant
to Division 30 of the State Public Resources Code.
means materials, including commingled recyclable materials,
that have been separated or kept 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 this Chapter, source
separated shall include separation of materials by the generator,
property owner, property owner's employee, property manager,
or property manager's employee into different containers for
the purpose of collection such that source separated materials are
separated from gray 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).
means source separated organic waste that can be placed in
a green container that is specifically intended for the separate collection
of organic waste by the generator, excluding source separated blue
container organic waste, carpets, non-compostable paper, and textiles.
means source separated non-organic recyclables and source
separated blue container organic waste.
means the State of California.
means a full-line, self-service retail store with gross annual
sales of two million dollars ($2,000,000.00), 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 (250) or more seats, or a
total facility size equal to or greater than five thousand (5,000)
square feet.
Hotel with an on-site food facility and two hundred (200) or
more rooms.
Health facility with an on-site food facility and one hundred
(100) or more beds.
Large venue.
Large event.
A State agency with a cafeteria with two hundred fifty (250)
or more seats or total cafeteria facility size equal to or greater
than five thousand (5,000) square feet.
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).
(Ord. 736 § 1, 2022)
Single family organic waste generators:
(a)
Shall
subscribe to the City's three (3) container organic waste collection
services. The City shall have the right to review the number, size,
and location of a generator's containers to evaluate adequacy
of capacity provided for each type of collection service for proper
separation of materials and containment of materials; and generators
shall adjust its service level for its collection services as requested
by the City.
(b)
Shall
participate in the City's three (3) container system for source
separated recyclable materials, source separated green container organic
materials (to include food waste), and gray container waste collection
services. Generator participation in the collection programs requires
that generators place only approved materials in the appropriate colored
containers. Generators shall not place materials designated for the
gray container into the green container or blue container.
Notwithstanding the above, and in accordance with the SB 1383
regulations, the City is not required to replace functional containers,
including containers purchased prior to January 1, 2022, that do not
comply with the color requirements of this Chapter and the regulations,
prior to the end of the useful life of those containers, or prior
to January 1, 2036, whichever comes first. Labels will be placed on
the containers indicating the primary materials accepted and the primary
materials prohibited in the containers. Until SB 1383 compliant colored
containers are provided (blue container, green container, and gray
container), single family waste generators shall comply with the container
label requirements.
(Ord. 736 § 1, 2022)
Commercial businesses, which includes multifamily residential
dwellings, shall:
(a)
Subscribe
to the City's three (3) container organic waste collection services.
The City shall have the right to review the number, size, and location
of a generator's containers and frequency of collection to evaluate
adequacy of capacity provided for each type of collection service
for proper separation of materials and containment of materials; and,
commercial business shall adjust its service level for its collection
services as requested by the City.
(b)
Participate
in and comply with the City's three (3) container (blue container,
green container (including food waste), and gray container) collection
service by placing designated materials in designated containers.
Generators shall place only approved materials in the appropriate
colored containers. Generators shall not place materials designated
for the gray container into the green container or blue container.
Notwithstanding the above, and in accordance with the SB 1383
regulations, the City is not required to replace functional containers,
including containers purchased prior to January 1, 2022, that do not
comply with the color requirements of this Chapter and the regulations,
prior to the end of the useful life of those containers, or prior
to January 1, 2036, whichever comes first. Labels will be placed on
the containers indicating the primary materials accepted and the primary
materials prohibited in the containers. Until SB 1383 compliant colored
containers are provided (blue container, green container, and gray
container), commercial businesses shall comply with the container
label requirements.
(c)
Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (d)(1) and (d)(2) below), for employees, contractors, tenants and customers, consistent with the City's blue container, green container, and gray container collection service.
(d)
Excluding
multifamily residential dwellings, provide containers for the collection
of source separated green container organic waste, and source separated
recyclable materials in all indoor and outdoor areas where disposal
containers are provided for customers, for materials generated by
that business. Such containers do not need to be provided in restrooms.
If a commercial business does not generate any of the materials that
would be collected in one type of container, then the business does
not have to provide that particular container in all areas where disposal
containers are provided for customers. Pursuant to 14 CCR Section
18984.9(b), the containers provided by the business shall have either:
(1)
A body or lid that conforms with the container colors provided through
the collection service provided by the City, 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 labels are required on new containers commencing January
1, 2022.
(e)
Multifamily
residential dwellings are not required to comply with container placement
requirements or labeling requirement pursuant to 14 CCR Section 18984.9(b).
(f)
To
the extent practical through education, training, inspection, and/or
other measures, excluding multifamily residential dwellings, prohibit
employees from placing materials in a container not designated for
those materials per the City's blue container, green container,
and gray container collection service.
(g)
Excluding
multifamily residential dwellings, periodically inspect blue container,
green container, and gray containers for contamination and inform
employees if containers are contaminated and of the requirements to
keep contaminants out of those containers pursuant to 14 CCR Section
18984.9(b)(3).
(h)
Annually
provide information to employees, contractors, tenants, and customers
about organic waste recovery requirements and about proper sorting
of source separated green container organic waste and source separated
recyclable materials.
(i)
Provide
education information before or within fourteen (14) days of occupation
of the premises to new tenants that describes requirements to keep
source separated green container organic waste and source separated
recyclable materials separate from gray container waste (when applicable)
and the location of containers and the rules governing their use at
each property.
(j)
Provide
or arrange access for the City or its agent to their properties during
all inspections conducted in accordance with this Chapter to confirm
compliance with the requirements of this Chapter.
(k)
If
implemented, accommodate and cooperate with the City's remote
monitoring program for inspection of the contents of containers for
prohibited container contaminants, to evaluate generator's compliance
with this Chapter. The remote monitoring program shall involve installation
of remote monitoring equipment on or in the blue containers, green
containers, and/or gray containers.
(l)
Nothing
in this Section prohibits a generator from preventing or reducing
waste generation, managing organic waste on site, or using a community
composting site pursuant to 14 CCR Section 18984.9(c).
(m)
Commercial
businesses that are tier one or tier two commercial edible food generators
shall comply with food recovery requirements of this Chapter.
(Ord. 736 § 1, 2022)
(a)
De
Minimis Waivers. The City may, at its discretion, waive a commercial
business' obligation (including multifamily residential dwellings)
to comply with some or all of the organic waste requirements of this
Chapter if the commercial business:
(1)
Submits an application specifying the services that they are requesting
a waiver from; and
(2)
Provides documentation that either:
(i)
The commercial business' total solid waste collection service
is two (2) cubic yards or more per week and organic waste subject
to collection in a blue container or green container comprises less
than twenty (20) gallons per week per applicable container of the
business' total waste; or
(ii)
The commercial business' total solid waste collection
service is less than two (2) cubic yards per week and organic waste
subject to collection in a blue container or green container comprises
less than ten (10) gallons per week per applicable container of the
business' total waste; and
(3)
Notifies the City if circumstances change such that commercial business's
organic waste exceeds the threshold required for waiver, in which
case waiver will be rescinded; and
(4)
Provides written verification of eligibility for de minimis waiver
every five (5) years, if the City has approved de minimis waiver.
(b)
Physical
Space Waivers. The City may, at its discretion, waive a commercial
business' or property owner's obligations (including multifamily
residential dwellings) to comply with some or all of the recyclable
materials and/or organic waste collection service requirements if
the City has evidence from its own staff, a hauler, licensed architect,
or licensed engineer demonstrating that the premises lack adequate
space for the collection containers required for compliance with the
organic waste collection requirements of this Chapter.
A commercial business or property owner may request a physical
space waiver through the following process:
(1)
Submit an application form specifying the type(s) of collection services
for which they are requesting a compliance waiver.
(2)
Provide documentation that the premises lack adequate space for blue
containers and/or green containers, including documentation from its
hauler, licensed architect, or licensed engineer.
(3)
Provide written verification to the City that it is still eligible
for physical space waiver every five (5) years, if the City has approved
application for a physical space waiver.
(c)
Collection
Frequency Waiver. The City, at its discretion and in accordance with
14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any
residence, premises, business establishment or industry that subscribes
to the City's three (3) container organic waste collection service
to arrange for the collection of their blue container, gray container,
or both once every fourteen (14) days, rather than once per week.
(Ord. 736 § 1, 2022)
(a)
Tier
one commercial edible food generators must comply with the below requirements
commencing January 1, 2022, and tier two commercial edible food generators
must comply commencing January 1, 2024, pursuant to 14 CCR Section
18991.3.
(b)
Large
venue or large event operators not providing food services, but allowing
for food to be provided by others, shall require food facilities operating
at the large venue or large event to comply with the requirements
of this Section, commencing January 1, 2024.
(c)
Commercial
edible food generators shall comply with the following requirements:
(1)
Arrange to recover the maximum amount of edible food that would otherwise
be disposed.
(2)
Contract with, or enter into a written agreement with food recovery
organizations or food recovery services for the collection of edible
food for food recovery.
(3)
Shall not intentionally spoil edible food that is capable of being
recovered by a food recovery organization or a food recovery service.
(4)
Allow the City's designated enforcement entity or designated
third party enforcement entity to access the premises and review records
pursuant to 14 CCR Section 18991.4.
(5)
Keep records that include the following information, or as otherwise
specified in 14 CCR Section 18991.4:
(i)
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).
(iii)
A record of the following information for each of those food
recovery services or food recovery organizations:
(A)
The name, address and contact information of the food recovery
service or food recovery organization.
(B)
The types of food that will be collected by the food recovery
service or food recovery organization.
(C)
The established frequency that food will be collected.
(D)
The quantity of food, measured in pounds recovered per month,
collected by a food recovery service or food recovery organization
for food recovery.
(6)
Commencing no later than January 1, 2022, for tier one commercial
edible food generators and January 1, 2024, for tier two commercial
edible food generators, commercial edible food generators shall provide
a quarterly food recovery report to the City which includes the information
required in 14 CCR Section 18991.4 "Record Keeping Requirements
for Commercial Edible Food Generators."
(d)
Nothing in this Section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. 736 § 1, 2022)
(a)
Food
recovery services collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following
records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1)
The name, address, and contact information for each commercial edible
food generator from which the service collects edible food.
(2)
The quantity in pounds of edible food collected from each commercial
edible food generator per month.
(3)
The quantity in pounds of edible food transported to each food recovery
organization per month.
(4)
The name, address, and contact information for each food recovery
organization that the food recovery service transports edible food
to for food recovery.
(b)
Food
recovery organizations collecting or receiving edible food directly
from commercial edible food generators, via a contract or written
agreement established under 14 CCR Section 18991.3(b), shall maintain
the following records, or as otherwise specified by 14 CCR Section
18991.5(a)(2):
(1)
The name, address, and contact information for each commercial edible
food generator from which the organization receives edible food.
(2)
The quantity in pounds of edible food received from each commercial
edible food generator per month.
(3)
The name, address, and contact information for each food recovery
service that the organization receives edible food from for food recovery.
(c)
Commencing
January 1, 2022, food recovery organizations and food recovery services
that have their primary address physically located in the City and
contract with or have written agreements with one or more commercial
edible food generators pursuant to 14 CCR Section 18991.3(b) shall
report to the City the total pounds of edible food recovered in the
previous calendar year from the tier one and tier two commercial edible
food generators they have established a contract or written agreement
with pursuant to 14 CCR Section 18991.3(b), as applicable.
(d)
Food
Recovery Capacity Planning.
In order to support edible food recovery capacity planning assessments
or other studies conducted by the City 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 (60) days, unless
a shorter timeframe is otherwise specified by the City.
(Ord. 736 § 1, 2022)
(a)
Requirements
for Haulers.
(1)
The designee 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:
(i)
Through written notice to the City initially on or before July 1,
2022 and when changes occur, identify the facilities to which they
will transport organic waste including the facilities for source separated
recyclable materials and source separated green container organic
waste, as applicable.
(2)
The designee shall comply with education, equipment, signage, container
labelling, container color, contamination monitoring, reporting, and
other requirements contained within its franchise agreement, as may
be amended from time to time.
(3)
Notwithstanding any the foregoing, nothing in this Chapter shall
restrict or otherwise prohibit the designee from meeting its compliance
requirements by any alternative methods or procedures, provided it
complies with SB 1383, the SB 1383 regulations, and/or any other applicable
law, as may be amended from time to time.
(b)
Requirements
for Facility Operators and Community Composting Operations.
(1)
Owners of facilities, operations, and activities that recover organic
waste, including, but not limited to, compost facilities, in-vessel
digestion facilities, and publicly-owned treatment works shall, upon
the City's request, provide information regarding available
and potential new or expanded capacity at their facilities, operations,
and activities, including information about throughput and permitted
capacity necessary for planning purposes. Entities contacted by the
City shall respond within sixty (60) days.
(2)
Community composting operators, 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 sixty (60) days.
(Ord. 736 § 1, 2022)
(a)
Persons
applying for a permit from the City for new construction and building
additions and alternations shall comply with the requirements of this
Section and all required components of the California Green Building
Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if
its project is covered by the scope of CALGreen. If the requirements
of CALGreen are more stringent then the requirements of this Section,
the CALGreen requirements shall apply.
(b)
For
projects covered by CALGreen the applicants must, as a condition of
the City's permit approval, comply with the following:
(1)
Where five (5) or more multifamily dwelling units are constructed
on a building site, provide readily accessible areas that serve occupants
of all buildings on the site and are identified for the storage and
collection of blue container and green container materials, consistent
with the three (3) container collection program offered by the City,
or comply with provision of adequate space for recycling for multifamily
and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1,
and 5.410.1 of the California Green Building Standards Code, 24 CCR,
Part 11 as amended provided amended requirements are more stringent
than the CALGreen requirements for adequate recycling space effective
January 1, 2020.
(2)
New commercial construction or additions resulting in more than thirty
percent (30%) of the floor area shall provide readily accessible areas
identified for the storage and collection of blue container and green
container materials, consistent with the three (3) container collection
program offered by the City, or shall comply with provision of adequate
space for recycling for multifamily and commercial premises pursuant
to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California
Green Building Standards Code, 24 CCR, Part 11 as amended provided
amended requirements are more stringent than the CALGreen requirements
for adequate recycling space effective January 1, 2020.
(3)
Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with City's C&D ordinance, Ch. 16.75 of City's Municipal Code, and all written and published City policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
(c)
If,
after the adoption of this Chapter, Sections 4.408.1, 4.410.2, 5.408.1,
and 5.410.1 of CALGreen are amended in a manner that requires the
City to incorporate the requirements in an updated local ordinance,
and the amended requirements include provisions more stringent than
those required in this Section, the revised requirements of Sections
4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen shall be enforced.
(Ord. 736 § 1, 2022)
(a)
Property
owners or their building or landscape designers, including anyone
requiring a building or planning permit, plan check, or landscape
design review from the City, who are constructing a new (single family,
multifamily, public, institutional, or commercial) project with a
landscape area greater than five hundred (500) square feet, or rehabilitating
an existing landscape with a total landscape area greater than two
thousand five hundred (2,500) square feet, shall comply with Sections
492.6(a)(3)(B), (C), (D) and (G) of the MWELO, including sections
related to use of compost and mulch as delineated in this Section.
(b)
The
following compost and mulch use requirements that are part of the
MWELO are now also included as requirements of this Chapter. Other
requirements of the MWELO are in effect and can be found in 23 CCR,
Division 2, Chapter 2.7.
(c)
Property
owners or their building or landscape designers that meet the threshold
for MWELO compliance outlined in Section 14(a) above shall:
(1)
Comply with Sections 492.6 (a)(3)(B), (C), (D) and (G) of the MWELO,
which requires the submittal of a landscape design plan with a soil
preparation, mulch, and amendments section to include the following:
(i)
For landscape installations, compost at a rate of a minimum of four
(4) cubic yards per one thousand (1,000) square feet of permeable
area shall be incorporated to a depth of six (6) inches into the soil.
Soils with greater than six percent (6%) organic matter in the top
six (6) inches of soil are exempt from adding compost and tilling.
(ii)
For landscape installations, a minimum three (3) inch layer
of mulch shall be applied on all exposed soil surfaces of planting
areas except in turf areas, creeping or rooting groundcovers, or direct
seeding applications where mulch is contraindicated. To provide habitat
for beneficial insects and other wildlife up to five percent (5%)
of the landscape area may be left without mulch. Designated insect
habitat must be included in the landscape design plan as such.
(iii)
Organic mulch materials made from recycled or post-consumer
materials shall take precedence over inorganic materials or virgin
forest products unless the recycled post-consumer organic products
are not locally available. Organic mulches are not required where
prohibited by local fuel modification plan guidelines or other applicable
local ordinances.
(2)
The MWELO compliance items listed in this Section are not an inclusive
list of MWELO requirements; therefore, property owners or their building
or landscape designers that meet the threshold for MWELO compliance
outlined in this Section shall consult the full MWELO for all requirements.
(d)
If,
after the adoption of this Chapter, the California Department of Water
Resources, or its successor agency, amends 23 CCR, Division 2, Chapter
2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWWELO September
15, 2015 requirements in a manner that requires the City to incorporate
the requirements of an updated MWELO in a local ordinance, and the
amended requirements include provisions more stringent than those
required in this Section, the revised requirements of 23 CCR, Division
2, Chapter 2.7 shall be enforced.
(Ord. 736 § 1, 2022)
(a)
City
departments, and direct service providers to the City, as applicable,
must comply with the City's recovered organic waste product
procurement policy and recycled-content paper procurement policy.
(b)
All
vendors providing paper products and printing and writing paper shall:
(1)
If fitness and quality are equal, provide recycled-content paper
products and recycled-content printing and writing paper that consists
of at least thirty percent (30%), by fiber weight, postconsumer fiber
instead of non-recycled products whenever recycled paper products
and printing and writing paper are available at the same or lesser
total cost than non-recycled items.
(2)
Provide paper products and printing and writing paper that meet Federal
Trade Commission recyclability standard as defined in 16 Code of Federal
Regulations (CFR) Section 260.12.
(3)
Certify in writing, under penalty of perjury, the minimum percentage
of postconsumer material in the paper products and printing and writing
paper offered or sold to the City. This certification requirement
may be waived if the percentage of postconsumer material in the paper
products, printing and writing paper, or both can be verified by a
product label, catalog, invoice, or a manufacturer or vendor internet
website.
(4)
Certify in writing, on invoices or receipts provided, that the paper
products and printing and writing paper offered or sold to the City
is eligible to be labeled with an unqualified recyclable label as
defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).
(5)
Provide records to the City or its designee, of all paper products
and printing and writing paper purchases within thirty (30) days of
the purchase (both recycled-content and non-recycled content, if any
is purchased) made by any division or department or employee of the
City. Records shall include a copy (electronic or paper) of the invoice
or other documentation of purchase, written certifications as required
in subsections (b)(3) and (4) for recycled-content purchases, purchaser
name, quantity purchased, date purchased, and recycled content (including
products that contain none), and if non-recycled content paper products
or printing and writing papers are provided, include a description
of why recycled-content paper products or printing and writing papers
were not provided.
(Ord. 736 § 1, 2022)
(a)
City
representatives and/or its designated entity, including designees
are authorized to conduct inspections and investigations, at random
or otherwise, of any collection container, collection vehicle loads,
or transfer, processing, or disposal facility for materials collected
from generators, or source separated materials to confirm compliance
with this Chapter, subject to applicable laws. This Section does not
allow the 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, the City may conduct
container inspections for prohibited container contaminants using
remote monitoring, and commercial businesses shall accommodate and
cooperate with the remote monitoring, where applicable.
(b)
Regulated
entity shall provide or arrange for access during all inspections
(with the exception of residential property interiors) and shall cooperate
with City employees or its designated entity/designee during such
inspections and investigations. Such inspections and investigations
may include confirmation of proper placement of materials in containers,
edible food recovery activities, records, or any other requirement
of this Chapter described herein. Failure to provide or arrange for:
(1) access to an entity's premises; (2) installation and operation
of remote monitoring equipment, where required; 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 designee 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.
(Ord. 736 § 1, 2022)
(a)
Violation
of any provision of this Chapter shall constitute grounds for issuance
of a notice of violation and assessment of a fine by an enforcement
official or representative. Enforcement actions under this Chapter
are issuance of an administrative citation and assessment of a fine.
The City's procedures on imposition of administrative fines
are hereby incorporated in their entirety, as modified from time to
time, and shall govern the imposition, enforcement, collection, and
review of administrative citations issued to enforce this Chapter
and any rule or regulation adopted pursuant hereto, except as otherwise
indicated.
(b)
Other
remedies allowed by law may be used, including civil action or prosecution
as misdemeanor or infraction. The City may pursue civil actions in
the California courts to seek recovery of unpaid administrative citations.
The City may choose to delay court action until such time as a sufficiently
large number of violations, or cumulative size of violations exist
such that court action is a reasonable use of City staff and resources.
(c)
Enforcement
pursuant to this Chapter may be undertaken by the enforcement official,
which may be the City Manager or a designated entity, legal counsel,
or combination thereof.
(d)
Process
for Enforcement.
(1)
Enforcement officials and/or their designee will monitor compliance
with this Chapter randomly and through compliance reviews, route reviews,
investigation of complaints, and an inspection program, which may
include remote monitoring.
(2)
The City may issue an official notification to notify regulated entities
of its obligations under this Chapter.
(3)
For incidences of prohibited container contaminants found in containers,
the City or its designee will issue a notice of violation to any generator
found to have prohibited container contaminants in a container. Such
notice will be provide via a cart tag or other communication immediately
upon identification of the prohibited container contaminants or within
ten (10) days after determining that a violation has occurred. If
the City or its authorized designee observes prohibited container
contaminants in a generator's containers on more than three
(3) occasions within a six (6) month time period, the City may assess
contamination processing fees or contamination penalties on the generator.
(4)
With the exception of violations of generator contamination of container
contents, the City shall issue a notice of violation requiring compliance
within sixty (60) days of issuance of the notice.
(5)
Absent compliance by the respondent within the deadline set forth
in the notice of violation, the City shall commence an action to impose
penalties, via an administrative citation and fine.
Notices shall be sent to "owner" at the official
address of the owner maintained by the tax collector for the City
or if no such address is available, to the owner at the address of
the dwelling or commercial property or to the party responsible for
paying for the collection services, depending upon available information.
(e)
Penalty
Amounts for Types of Violations.
(1)
For a first violation, the amount of the base penalty shall be fifty
dollars ($50.00) to one hundred dollars ($100.00) per violation.
(2)
For a second violation, the amount of the base penalty shall be one
hundred dollars ($100.00) to two hundred dollars ($200.00) per violation.
(3)
For a third or subsequent violation, the amount of the base penalty
shall be two hundred fifty dollars ($250.00)to five hundred dollars
($500.00) per violation.
(f)
Factors
Considered in Determining Penalty Amount. The following factors shall
be used to determine the amount of the penalty for each violation
within the appropriate penalty amount 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.
(g)
Compliance
Deadline Extension Considerations. The City may extend the compliance
deadlines set forth in a notice of violation if it finds that there
are extenuating circumstances beyond the control of the respondent
that make compliance within the deadlines impracticable, including
the following:
(h)
Appeals
Process. Persons receiving an administrative citation containing a
penalty for an uncorrected violation may request a hearing to appeal
the citation. A hearing will be held only if it is requested within
the time prescribed and consistent with City's procedures for
appeals of administrative citations. Evidence may be presented at
the hearing. The City will appoint a hearing officer who shall conduct
the hearing and issue a final written order.
(i)
Education
Period for Non-Compliance. Beginning January 1, 2022 and through December
31, 2023, the City will conduct inspections, remote monitoring, route
reviews, Waste evaluations, and compliance reviews, depending upon
the type of regulated entity, to determine compliance, and if City
determines that organic waste generator, hauler, tier one commercial
edible food generator, food recovery organization, food recovery service,
or other entity is not in compliance, it shall provide educational
materials to the entity describing its obligations under this Chapter
and a notice that compliance is required by January 1, 2022, and that
violations may be subject to administrative civil penalties starting
on January 1, 2024.
(j)
Civil
Penalties for Non-Compliance. Beginning January 1, 2024, if the City
determines that an organic waste generator, hauler, tier one or tier
two commercial edible food generator, food recovery organization,
food recovery service, or other entity is not in compliance with this
Chapter, it shall document the non-compliance or violation, issue
a notice of violation, and take enforcement action pursuant to this
Chapter and State law, as needed.
(Ord. 736 § 1, 2022)
