A. 
Solid waste collectors shall maintain an office at a fixed place and shall maintain a telephone at the office listed in the current telephone directory in the name under which it conducts business in the city and shall at all times between the hours of eight a.m. and five p.m. weekdays and between eight a.m. and twelve p.m. on Saturdays, have an employee or agent at the office to receive service request, complaints and inquiries. Each office shall be staffed with a knowledgeable person, trained to respond to customer questions and complaints. An emergency telephone shall be provided to the city for use outside normal business hours.
B. 
The protection of the public health, safety, and well-being require that service complaints be acted on promptly and that a record be maintained in order to permit the city and its solid waste collectors to identify potential public health and safety problems. During office hours, solid waste collectors shall record all complaints, including the date, time, complainant's name and address if the complainant is willing to give this information, and date, and manner of resolution of the complaint. This information shall be maintained for the term of permit or franchise agreement, or longer if indicated in the permit application or franchise agreement. The record of service complaints shall be made available for review by representatives of the city during the solid waste collector's office hours.
(Ord. 21-06 § 1, 2021)
A. 
Solid waste created, produced or accumulated in or about premises in the city shall be removed from premises at a minimum of:
1. 
Every four days for putrescible waste, or
2. 
Once each week for non-putrescible waste.
B. 
The following materials may be collected less frequently unless the city deems otherwise:
1. 
Temporary solid waste containers on construction or demolition sites containing no food waste, food wrappers, yard waste, or any form of organic waste.
2. 
Recyclables containers containing no food waste, food wrappers, yard waste, or any form of organic waste.
C. 
If conditions warrant, the county health officer or the city may require a greater frequency of removal.
D. 
It is unlawful for the person having control or possession of the premises within the city to fail or neglect to provide for the removal of solid waste. Each day's violation of this section shall be treated and considered as a separate and distinct offense.
(Ord. 21-06 § 1, 2021)
A. 
Ownership of Recyclable Solid Waste. Upon placement of recyclable solid waste at a designated recycling collection location, such recyclable solid waste shall become the property of the solid waste collector engaged to collect such material.
B. 
Collection by Persons Other than an Authorized Solid Waste Collector Prohibited. It is unlawful for any person, except for the permitted solid waste collector engaged to provide such service, to collect recyclable solid waste from a designated recycling collection container. The city may, at its option, arrange for collection in the event of health and safety issues or of a dispute between the solid waste collector, the customer or the city.
C. 
Generator's Right to Recycle. Nothing in this chapter limits the right of any person to sell, donate, or otherwise divert their own recyclables from landfilling, except that recyclables deposited into containers provided by a solid waste collector and placed for collection shall become solid waste and the property of the solid waste collector as provided for in subsection A above.
(Ord. 21-06 § 1, 2021)
No collection of solid waste, or delivery or removal of containers by a solid waste collector shall be made from residential premises, both single-family and multifamily, between the hours of six p.m. and six a.m. any day. No collection of solid waste, or delivery or removal of containers by a solid waste collector shall be made from commercial premises between the hours of six p.m. and six a.m. any day, unless prior written approval has been obtained from the city manager or his or her designee and provided any such approved collection of solid waste is limited to areas of the city in which noise from collection vehicles will not impact residential areas.
(Ord. 21-06 § 1, 2021)
Solid waste collectors may only postpone collection for the following holidays: January 1st, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Service due on the holiday, and on each day during the remainder of the holiday week, shall be delayed no more than one day.
(Ord. 21-06 § 1, 2021)
A. 
All solid waste containers, for both residential and commercial customers, must be shielded from view within a building or area enclosed by a wall not less than six feet in height. No solid waste container storage shall be within 50 feet of any residential or open space planning areas unless it is fully enclosed.
B. 
All new construction of residences and businesses must include sufficient storage area for both solid waste and recycling containers. The city may require sufficient storage area for both solid waste and recycling containers be built when an existing facility is being renovated. The city will review plans to ensure adequate space will be provided prior to issuance of a building permit.
(Ord. 21-06 § 1, 2021)
A. 
De Minimis Waivers. Residential development with minimal individual open space and greenspace such as town homes with common-area open space predominantly serviced by gardeners and landscapers subject to Section 8.12.060 of this chapter are exempt from the organic waste requirements of this chapter. Furthermore, the city may waive a commercial business's obligation (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in this section. Commercial businesses requesting a de minimis waiver shall:
1. 
Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection B below.
2. 
Provide documentation that either:
a. 
The commercial business's total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business' total waste; or
b. 
The commercial business's total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per applicable container of the business's total waste.
3. 
Notify the city if circumstances change such that the commercial business's organic waste exceeds the threshold required for waiver, in which case the waiver will be rescinded.
4. 
Provide written verification of eligibility for de minimis waiver every five years, if the city has approved a de minimis waiver.
B. 
Physical Space Waivers. 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 the hauler, licensed architect, or licensed engineer.
3. 
Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has approved application for a physical space waiver.
(Ord. 21-06 § 1, 2021)
Single-family organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in Sections 8.12.050 and 8.12.060:
A. 
Single-family organic waste generators shall subscribe to the city's organic waste collection services for all organic waste generated as described in subsection B of this section. The city shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust their service level for their collection services as directed by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
B. 
Single-family waste generators shall participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described in subsection C of this section and shall not place prohibited container contaminants in collection containers.
C. 
Single-family organic waste generators shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
(Ord. 21-06 § 1, 2021)
A. 
Generators that are commercial businesses, including multifamily residential dwellings, shall subscribe to the city's three container collection services and comply with requirements of those services as described in this section.
B. 
Generators that are commercial businesses shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
C. 
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.
D. 
Generators shall supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the city's blue container, green container, and gray container collection service.
E. 
Excluding multifamily residential dwellings, generators shall 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 labeling requirements are required on new containers commencing January 1, 2022.
F. 
Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirement in subsection E above pursuant to 14 CCR Section 18984.9(b).
G. 
To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, commercial businesses shall 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.
H. 
Excluding multifamily residential dwellings, commercial businesses shall periodically inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
I. 
Commercial businesses shall 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.
J. 
Commercial businesses shall provide education information before or within 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.
K. 
Commercial businesses shall provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with Section 8.12.690 of this chapter to confirm compliance with the requirements of this section.
L. 
Commercial businesses shall accommodate and cooperate with the city's remote monitoring program for inspection 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 above. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.
M. 
At commercial business's option and subject to any approval required from the city, commercial businesses shall implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and gray 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 gray containers subject to written notification to or approval by the city or its designee.
N. 
If a commercial business wants to self-haul, the commercial business must meet the self-hauler requirements in Section 8.12.060 this chapter.
O. 
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).
P. 
Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.12.670 of this chapter.
(Ord. 21-06 § 1, 2021)
All solid waste shall be placed for collection in containers provided by solid waste collectors or provided by customers and serviced by solid waste collectors, except when special collections are authorized by this code or the city's franchise agreement. Special collection items, such as bulky items, holiday trees, bundled residential green waste, and household hazardous waste placed for curbside collection, must be placed for collection in accordance with the terms of this code or the city's franchise agreement.
(Ord. 21-06 § 1, 2021)
A. 
Each solid waste collector shall maintain its containers within the city in a manner to protect public health and safety and prevent the spread of vectors.
B. 
All bins shall be steam-cleaned or replaced at least once per year by the solid waste collector servicing bin.
C. 
Each solid waste collector shall remove from its solid waste containers (including carts, bins and roll-off boxes), any exterior paint or markings commonly referred to as "graffiti" or "tagging" within 24 hours of either notification by city or service recipient or the solid waste collector's last servicing of the container, whichever is sooner.
D. 
The city has the authority to require a solid waste collector to replace promptly any container which, in the city's reasonable discretion, is not in a clean, painted, or serviceable condition.
E. 
Each solid waste collector shall post each container with a notice that the container is not to be used for the disposal of hazardous waste.
F. 
All containers in city, excluding franchisee's residential carts, must carry a label identifying the solid waste collector that owns or collects from the container and that solid waste collector's phone number. Letters must be at least three inches high.
G. 
All recycling and green waste containers must carry labels, in both English and Spanish, identifying which materials are to be placed in each container. Solid waste collectors are responsible for designing and producing such labels and replacing labels when they become worn.
(Ord. 21-06 § 1, 2021)
A. 
Except for curbside collection or storage enclosure collection pursuant to Sections 8.12.450 and 8.12.460, prior to placement of a solid waste collection container in the public right-of-way, the person placing the container must obtain an encroachment permit from the city. A performance bond and letter of credit may be required prior to issuance of the encroachment permit. Only a solid waste collector authorized by the franchise or a permit to provide temporary collection service, or customer hiring such a franchisee or permittee, may obtain an encroachment permit for a temporary collection bin. Applications for such permit shall be on forms supplied by the city and shall contain the following information:
1. 
Name, address, and business telephone;
2. 
Evidence of solid waste franchise or permit;
3. 
Name, address, and telephone number of person or persons who will have the responsibility for the placement, servicing, and removal of the temporary solid waste collection bin(s), as described above.
B. 
Applications shall be accompanied by a permit fee as set by the city. Encroachment permits shall be issued for a time certain, and are revocable at any time by the city, if the holder of the encroachment permit violates city ordinances or state law, any term of the permit, or if the encroachment is deemed to constitute a traffic hazard or public nuisance. A holder of an encroachment permit shall promptly remove or cause the removal of the container(s) if the permit is revoked. All decisions of the city regarding the issuance and revocation of encroachment permits are final and are not appealable.
C. 
Encroachment permits are not transferable by assignment, sale, or other means without the express written permission of the city.
(Ord. 21-06 § 1, 2021)
To protect the public health, safety and quiet enjoyment of the residents of the city, a solid waste collector shall so conduct its operations as to offer the least possible disruption to the existing noise levels of the area within which collections are made. In no event shall the noise level for the collection vehicles during the stationary compaction process exceed 75 decibels Db(A) at a distance of 25 feet from the collection vehicle and at an elevation of five feet from the horizontal base place of such vehicles. A solid waste collector shall submit to the city, upon the city's request, a certificate of vehicle noise level testing by an independent testing entity of a representative sample of all vehicles.
(Ord. 21-06 § 1, 2021)
Any solid waste collector who releases, or permits, or causes, the release of any solid waste on public or private property in the city at any time shall forthwith clean up, contain, collect and remove same.
(Ord. 21-06 § 1, 2021)
No person authorized to collect, or transport, solid waste or recyclables shall enter private property beyond the extent necessary to collect the solid waste or recyclables placed for collection.
(Ord. 21-06 § 1, 2021)
It is unlawful for any person, other than a solid waste collector, the city, or the owner thereof, to remove solid waste, including recyclable solid waste, from containers placed for collection, including temporary containers.
(Ord. 21-06 § 1, 2021)
No person shall convey or transport solid waste upon or along any public street in the city unless such solid waste is contained and/or covered or otherwise secured to prevent it from leaking, dripping, falling, blowing, or scattering from the vehicle in which it is being conveyed or transported. All vehicles and equipment used in the transport of any form of solid waste shall be kept clean. No person shall drain the liquid from any such vehicle upon any road or highway or upon any other land in the city. Persons hauling solid waste on the city streets shall completely empty the solid wastes from their vehicles and/or containers at the disposal site, or re-cover them if they are not completely emptied, in order to prevent the scattering of residue on the return trip.
Under no circumstances may solid waste be transferred between vehicles or otherwise in the public right-of-way.
(Ord. 21-06 § 1, 2021)
Exclusive and non-exclusive franchised 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. 
Through written notice to the city annually on or before March 31st identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, and source separated green container organic waste.
B. 
Transport source separated recyclable materials, and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
C. 
Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 8.12.130 of this chapter, and Chapter 8.13 of this code
D. 
Comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, or license issued by the city.
(Ord. 21-06 § 1, 2021)
A. 
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 city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. entities contacted by the city shall respond within 60 days.
B. 
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 60 days.
(Ord. 21-06 § 1, 2021)
A. 
Burning Waste. It is unlawful at any time for any person, including solid waste collectors, to burn any solid waste or recyclables within the city.
B. 
Illegal Dumping. It is unlawful for any person, including solid waste collectors, to cast, place, sweep, deposit, or dump solid waste upon any private or public property in the city, except as provided for in this code. It is unlawful for any person to place, deposit, or dump hazardous waste, medical waste, or abandoned vehicles, or parts thereof, upon any private or public real property in the city.
C. 
Unauthorized Disposal. No unauthorized person shall cause the placement of solid waste, originating from other premises, within a waste container designated to serve the premises for which the container has been assigned.
(Ord. 21-06 § 1, 2021)
A. 
Disposition. Generators, owners, and/or possessors of hazardous solid waste shall dispose of all hazardous solid waste that they generate, own, or possess in accordance with all zoning laws.
B. 
Regulation. The county health official and the city may promulgate regulations regarding the handling, transportation, and/or disposal of hazardous solid waste within the city.
C. 
Collection. It is unlawful for city franchisee(s) or permittees to perform solid waste handling services for hazardous solid waste, unless they are properly permitted and meet all local, state and federal regulations regarding the handling of such materials.
D. 
Placement in Containers for Collection. It is unlawful for any person to place solid waste or hazardous solid waste in containers for regular collection by a solid waste collector or at a designated recycling collection location.
(Ord. 21-06 § 1, 2021)
A. 
Solid waste collectors shall inspect solid waste placed for collection in their respective bins and containers and shall reject for collection solid waste observed to be contaminated with hazardous waste. Solid waste collectors, as applicable, shall promptly notify the city and all agencies with jurisdiction, if appropriate, including the State Department of Toxic Substances Control, local emergency response providers and the National Response Center of reportable quantities of hazardous waste found or observed in solid waste anywhere within the city. In addition to other required notifications, if a franchisee or solid waste permittee observes any substances which it or its employees reasonably believe or suspect to contain hazardous waste unlawfully disposed of or released on any city property, including storm drains, streets or other public rights-of-way, the solid waste collector, as applicable, shall immediately notify the city manager or his or her designee.
B. 
Solid waste collectors shall each maintain records showing the types and quantities, if any, of hazardous waste found in solid waste and which was inadvertently collected from service recipients within the city, but diverted from landfilling.
(Ord. 21-06 § 1, 2021)
Universal waste (such as batteries, electronic waste, electronic lamps, cathode ray tubes/glass, non-empty aerosol cans) shall be diverted from landfills and disposed of in accordance with state laws and regulations.
(Ord. 21-06 § 1, 2021)
A. 
Unauthorized Solid Waste Containers. No person shall place or leave standing a solid waste container on any public or private property within the city except for collection and disposal of solid waste by solid waste collectors or as otherwise specifically authorized in this chapter.
B. 
Containers for Collection of Recyclable Solid Waste Exempted. Nothing in this section shall prohibit the placement of containers for the collection of recyclable solid waste sold or donated by the generator of such solid waste. If, however, the generator of the recyclable solid waste is required to pay monetary or non-monetary consideration for the collection, transportation, transfer, or processing of the recyclable solid waste, or for the use of containers for such solid waste, this exemption shall not apply. The person providing containers for the collection of recyclable solid waste shall have the burden of showing that the recyclable solid waste was sold or donated in compliance with the exemption herein.
C. 
Removal of Unlawfully Placed Solid Waste Containers.
1. 
The city manager or his or her designee may cause the posting of a notice to remove, in a conspicuous place, on any solid waste container placed on any public or private property within the city in violation of this chapter.
2. 
Notices to remove posted pursuant to the provisions of this chapter shall specify the nature of the violation and shall state that the solid waste container must be removed within 24 hours or it may be removed and stored by the city, and the contents disposed of, at the expense of the owner of the container. The posting of a notice to remove shall constitute constructive notice to the owner and user of the container of the requirement to remove the solid waste container.
3. 
If the solid waste container is not removed within 24 hours after the notice to remove is posted, the city manager or his or her designee may direct the removal and storage of the solid waste container and the disposal of its contents.
4. 
If the identity of the owner of a solid waste container that has been removed by the city is known to the city manager or his or her designee, the city manager or his or her designee shall promptly cause notice to be mailed to the owner to claim the stored property. If the solid waste container is not claimed within 90 days after removal and notice to the owner, or 90 days after removal if the identity of the owner is unknown, the solid waste container and its contents shall be deemed abandoned property and may be disposed of accordingly.
5. 
After a solid waste container has once been removed by the city pursuant to a notice to remove, the owner thereof shall be deemed to have actual notice of the provisions of this chapter, including the prohibition of placement of solid waste containers by any person other than those exempted. In the event of a subsequent placement of a solid waste container owned by the same owner, the city manager or his or her designee may immediately, without the posting of a notice to remove, direct the removal and storage of the unlawfully placed solid waste container and shall, in such case, give notice to the owner to claim the solid waste container. In such event, the owner shall be responsible to reimburse the city for the actual cost of removal, storage and disposal of its contents, which cost shall be paid by the owner before the solid waste container is returned to the owner. If the solid waste container is unclaimed after notice is mailed to the owner and the expiration of the period set forth in subparagraph 4 above, the solid waste container and its contents shall be deemed abandoned property and may be disposed of accordingly.
6. 
The owner of the solid waste container shall be responsible to reimburse the city for the actual cost of the removal, storage and disposal. All amounts due to the city for the cost of the removal, storage and disposal shall be paid before the solid waste container is returned to the owner. The costs incurred by the city for removal, storage and disposal shall constitute a debt owed to the city by the owner, who shall be liable therefore in an action by the city for the recovery of such amounts.
(Ord. 21-06 § 1, 2021)
A. 
Vehicle Standards. To protect public health, safety and well-being, any truck used for the collection or transportation of solid waste within the city shall be leak-proof and equipped with a close-fitting cover that shall be affixed in a manner that will prevent spilling, dropping or blowing of any waste, oil, grease or other substance upon the public right-of-way during collection or transportation. No person shall park, or cause to be parked within the city any vehicle containing solid waste unless the vehicle is free from odor and in a sanitary condition. Solid waste collectors shall comply with all regulations promulgated by all agencies with jurisdiction over the safe, sanitary operation of all of their equipment.
B. 
Displays. Vehicles shall display the name of the solid waste collector in prominent letters so that the vehicle may be easily identified as belonging to that solid waste collector. If a solid waste collector uses a vehicle displaying the name of an affiliated company, the affiliated company's name must be indicated on the permit application for permittees, or be approved in advance in writing by the city manager or designee for franchisee(s). Improperly identified vehicles may be treated as belonging to non-permitted haulers.
D. 
Damage to Streets. Solid waste collectors shall not damage public or private streets over which their respective collection equipment may be operated and shall obtain all required approvals for operation of its respective collection vehicles on private streets.
(Ord. 21-06 § 1, 2021)
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 the city's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
5. 
Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. 
A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. 
A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. 
A record of the following information for each of those food recovery services or food recovery organizations:
i. 
The name, address and contact information of the food recovery service or food recovery organization.
ii. 
The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. 
The established frequency that food will be collected or self-hauled.
iv. 
The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
D. 
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 (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 amended Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. 21-06 § 1, 2021)
A. 
Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. 
The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
2. 
The quantity in pounds of edible food collected from each commercial edible food generator per month.
3. 
The quantity in pounds of edible food transported to each food recovery organization per month.
4. 
The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
B. 
Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. 
The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. 
The quantity in pounds of edible food received from each commercial edible food generator per month.
3. 
The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. 
Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 31.
D. 
Food Recovery Capacity Planning. In order to support edible food recovery capacity planning assessments or other studies conducted by the city, 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 60 days, unless a shorter timeframe is otherwise specified by the city.
(Ord. 21-06 § 1, 2021)
A. 
City representatives, its designated entity, and/or designee 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 by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with Section 8.12.490(B) of 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 pursuant to Section 8.12.490(L) of this chapter.
B. 
A regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee 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. Failure to provide or arrange for: (1) access to an entity's premises; or (2) access to records for any Inspection or investigation is a violation of this chapter and may result in penalties.
C. 
Any records obtained by the city during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in 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 any one entity or person that may be potentially noncompliant with SB 1383 Regulations, including receipt of anonymous complaints.
(Ord. 21-07 § 1, 2021)