The purpose of this chapter is to provide for the collection
and disposition of solid waste within the city in compliance with
all laws and to facilitate the recycling of materials and otherwise
reduce waste going to the landfills.
(Ord. 1580 § 1, 2022)
The following definitions shall apply to this chapter:
has the same meaning as in 14 CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of source
separated recyclable materials or source separated blue container
organic waste.
means construction and demolition debris.
means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
means California's Department of Resources Recycling and
Recovery, which is the department designated with responsibility for
developing, implementing, and enforcing SB 1383 Regulations on jurisdictions
(and others).
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, strip
mall, industrial facility, or a multi-family residential dwelling,
or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family
residential dwelling that consists of fewer than five units is not
a commercial business for purposes of implementing this chapter.
includes a Tier One or a Tier Two commercial edible food
generator as defined in this section or as otherwise 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 pursuant to 14 CCR Section 18982(a)(7).
means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and compost on site
at any one time does not exceed one hundred cubic yards and seven
hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4);
or, as otherwise defined by 14 CCR Section 18982(a)(8).
means a review of records by the jurisdiction to determine
compliance with this chapter.
has the same meaning as in 14 CCR Section 17896.2(a)(4),
which states, as of the effective date of the ordinance codified in
this chapter, that "compost" means the product resulting from the
controlled biological decomposition of organic solid wastes that are
source separated from the municipal solid waste stream, or which are
separated at a centralized facility.
means plastic materials that meet the ASTM D6400 standard
for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A)
or 18984.2(a)(1)(C).
means a container, regardless of color, that contains prohibited
container contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
as defined in 14 CCR Section 18982(14.5), means a solid waste
facility that accepts a Source separated organic waste collection
stream as defined in 14 CCR Section 17402(a)(26.6) and complies with
one of the following:
The facility is a "transfer/processor," as defined in 14 CCR
Section 18815.2(a)(62), that is in compliance with the reporting requirements
of 14 CCR Section 18815.5(d), and meets or exceeds an annual average
source separated organic content recovery rate of fifty percent between
January 1, 2022 and December 31, 2024 and seventy-five percent on
and after January 1, 2025 as calculated pursuant to 14 CCR Section
18815.5(f) for organic waste received from the source separated organic
waste collection stream.
If a transfer/processor has an annual average source separated
organic content recovery rate lower than the rate required in paragraph
1 of this definition for two consecutive reporting periods, or three
reporting periods within three years, the facility shall not qualify
as a "designated source separated organic waste facility."
The facility is a "composting operation" or "composting facility"
as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the
reports submitted under 14 CCR Section 18815.7 demonstrates that the
percent of the material removed for landfill disposal that is organic
waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2)
or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies
with the digestate handling requirements specified in 14 CCR Section
17896.5.
If the percent of the material removed for landfill disposal
that is organic waste is more than the percent specified in 14 CCR
Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two consecutive reporting
periods, or three reporting periods within three years, the facility
shall not qualify as a "designated source separated organic waste
facility." For the purposes of this chapter, the reporting periods
shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).
means an entity the jurisdiction contracts with or otherwise
arranges to carry out any of the jurisdiction'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 of the jurisdiction to address noncompliance
with this chapter, including, but not limited to, issuing administrative
citations, fines, penalties, or using other remedies.
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 jurisdiction
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 jurisdiction's, 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 jurisdiction, 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 multi-family solid waste after implementation of
programs for the safe collection, processing, recycling, treatment,
and disposal of batteries and paint in compliance with Sections 41500
and 41802 of the California Public Resources Code.
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.
A food recovery organization is not a commercial edible food
generator for the purposes of this chapter and implementation of 14
CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for food
recovery organization differs from this definition, the definition
in 14 CCR Section 18982(a)(25) shall apply to this chapter.
means a person or entity that collects and transports edible
food from a commercial edible food generator to a food recovery organization
or other entities for food recovery, or as otherwise defined in 14
CCR Section 18982(a)(26). A food recovery service is not a commercial
edible food generator for the purposes of this chapter and implementation
of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
means all food such as, but not limited to, fruits, vegetables,
meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread,
cheese, and eggshells. Food scraps excludes fats, oils, and grease
when such materials are source separated from other food scraps.
means an entity primarily engaged in providing food services
to institutional, governmental, commercial, or industrial locations
of others based on contractual arrangements with these types of organizations,
or as otherwise defined in 14 CCR Section 18982(a)(27).
is compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates,
paper coffee cups, napkins, pizza boxes, and milk cartons.
means food scraps, food-soiled paper, and compostable plastics.
has the same meaning as in 14 CCR Section 18982.2(a)(28)
and shall be used for the purpose of storage and collection of gray
container waste.
means solid waste that is collected in a gray container that
is part of a three-container organic waste collection service that
prohibits the placement of organic waste in the gray container as
specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined
in 14 CCR Section 17402(a)(6.5).
has the same meaning as in 14 CCR Section 18982.2(a)(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 jurisdiction's collection service area, or as otherwise
defined in 14 CCR Section 18982(a)(31.5).
means a facility that is in compliance with the reporting
requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
annual average mixed waste organic content recovery rate of fifty
percent between January 1, 2022 and December 31, 2024, and seventy-five
percent after January 1, 2025, as calculated pursuant to 14 CCR Section
18815.5(e) for organic waste received from the "mixed waste organic
collection stream" as defined in 14 CCR Section 17402(a)(11.5); or,
as otherwise defined in 14 CCR Section 18982(a)(33).
means a site visit where a jurisdiction 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 the city of Fountain Valley.
means the city manager, or authorized designee(s) who is/are
partially or wholly responsible for enforcing this chapter.
means an event, including, but not limited to, a sporting
event or a flea market, that charges an admission price, or is operated
by a local agency, and serves an average of more than two thousand
individuals per day of operation of the event, at a location that
includes, but is not limited to, a public, nonprofit, or privately
owned park, parking lot, golf course, street system, or other open
space when being used for an event. If the definition in 14 CCR Section
18982(a)(38) differs from this definition, the definition in 14 CCR
Section 18982(a)(38) shall apply to this chapter.
means a permanent venue facility that annually seats or serves
an average of more than two thousand individuals within the grounds
of the facility per day of operation of the venue facility. For purposes
of this chapter and implementation of 14 CCR, Division 7, Chapter
12, a venue facility includes, but is not limited to, a public, nonprofit,
or privately owned or operated stadium, amphitheater, arena, hall,
amusement park, conference or civic center, zoo, aquarium, airport,
racetrack, horse track, performing arts center, fairground, museum,
theater, or other public attraction facility. For purposes of this
chapter and implementation of 14 CCR, Division 7, Chapter 12, a site
under common ownership or control that includes more than one large
venue that is contiguous with other large venues in the site, is a
single large venue. If the definition in 14 CCR Section 18982(a)(39)
differs from this definition, the definition in 14 CCR Section 18982(a)(39)
shall apply to this chapter.
means a school district, charter school, or county office
of education that is not subject to the control of city or county
regulations related to solid waste, or as otherwise defined in 14
CCR Section 18982(a)(40).
means organic waste collected in a container that is required
by 14 CCR Section 18984.1, 18984.2 or 18984.3 to be taken to a high
diversion organic waste processing facility or as otherwise defined
in 14 CCR Section 17402(a)(11.5).
means of, from, or pertaining to residential premises with
five or more dwelling units. Multi-family premises do not include
hotels, motels, or other transient occupancy facilities, which are
considered commercial businesses. This definition is a subset of "commercial
business."
means of, from, or pertaining to residential premises with
two to four dwelling units. Such multi-family premises are not considered
commercial businesses with respect to SB 1383 compliance.
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 break down in the composting process,
or as otherwise defined in 14 CCR Section 18982(a)(41).
means the following entities that are not subject to the
jurisdiction's enforcement authority, or as otherwise defined in 14
CCR Section 18982(a)(42):
Special district(s) located within the boundaries of the jurisdiction,
including the Orange County Water District, Orange County Sanitation
District, and Municipal Water District of Orange County.
Public universities (including community colleges) located within
the boundaries of the jurisdiction, including Coastline Community
College.
Local school district(s) located within the boundaries of the
jurisdiction, including the Huntington Beach Union High School District,
Fountain Valley Unified School District, Ocean View School District
and Garden Grove Unified School District.
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 a notice that a violation has occurred, or as otherwise
defined in 14 CCR Section 18982(a)(45) or further explained in 14
CCR Section 18995.4.
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).
Three-container or three-plus-container collection service (blue
container, green container, and gray containers): "Prohibited container
contaminants" means the following: (i) discarded materials placed
in the blue container that are not identified as acceptable source
separated recyclable materials for the jurisdiction's blue container;
(ii) discarded materials placed in the green container that are not
identified as acceptable source separated green container organic
waste for the jurisdiction's green container; (iii) 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 jurisdiction's green container and/or blue
container; and (iv) excluded waste placed in any container.
Two-container (green/gray) collection service for source separated
green container organic waste and mixed materials: "Prohibited container
contaminants" means the following: (i) discarded materials placed
in a green container that are not identified as acceptable source
separated green container organic waste for the jurisdiction's green
container; (ii) discarded materials placed in the gray container that
are identified as acceptable source separated green container organic
waste, which are to be separately collected in jurisdiction's green
container; and (iii) excluded waste placed in any container.
Two-container (blue/gray) collection service for source separated
recyclable materials and mixed materials: "Prohibited container contaminants"
means the following: (i) discarded materials placed in a blue container
that are not identified as acceptable source separated recyclable
materials for jurisdiction's blue container; (ii) discarded materials
placed in the gray container that are identified as acceptable source
separated recyclable materials, which are to be separately collected
in jurisdiction's blue container; and (iii) 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 any activity or process described in 14 CCR Section
18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
means paper products and printing and writing paper that
consists of at least thirty percent, by fiber weight, postconsumer
fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
means regional agency as defined in Public Resources Code
Section 40181.
means a regional or county agency enforcement official, with
responsibility for enforcing this chapter in conjunction or consultation
with jurisdiction enforcement official.
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 gas derived from organic waste that has been diverted
from a California landfill and processed at an in-vessel digestion
facility that is permitted or otherwise authorized by 14 CCR to recycle
organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
means an establishment primarily engaged in the retail sale
of food and drinks for onpremises 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 or refers to, for the purposes of this chapter, the
Short-Lived Climate Pollutants: Organic Waste Reduction regulations
developed by CalRecycle and adopted in 2020 that created 14 CCR, Division
7, Chapter 12 and amended portions of regulations of 14 CCR and 27
CCR.
means a person, who hauls solid waste, organic waste or recyclable
material he or she has generated to another person. Self-hauler also
includes a person who back-hauls waste, or as otherwise defined in
14 CCR Section 18982(a)(66). Back-haul means generating and transporting
organic waste to a destination owned and operated by the generator
using the generator's own employees and equipment, or as otherwise
defined in 14 CCR Section 18982(a)(66)(A).
means of, from, or pertaining to residential premises consisting
of a single unit.
has the same meaning as defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and
nonputrescible solid, semisolid, 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
semisolid 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/mixed 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, 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:
Supermarket.
Grocery store with a total facility size equal to or greater
than ten thousand square feet.
Food service provider.
Food distributor.
Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier
One commercial edible food generator differs from this definition,
the definition in 14 CCR Section 18982(a)(73) shall apply to this
chapter.
means a commercial edible food generator that is one of the
following:
Restaurant with two hundred fifty or more seats, or a total
facility size equal to or greater than five thousand square feet.
Hotel with an on-site food facility and two hundred fifty or
more rooms.
Health facility with an on-site food facility and one hundred
or more beds.
Large venue.
Large event.
A state agency with a cafeteria with two hundred fifty or more
seats or total cafeteria facility size equal to or greater than five
thousand square feet.
A local education agency facility with an on-site food facility.
|
If the definition in 14 CCR Section 18982(a)(74) of Tier Two
Commercial Edible Food Generator differs from this definition, the
definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.
|
means a collection service that collects green waste and
yard waste that is placed in a pile or bagged for collection on the
street in front of a generator's house or place of business for collection
and transport to a facility that recovers source separated organic
waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
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. 1580 § 1, 2022)
(a)
The
city may award a contract or a partial or full franchise to a collection
company to provide waste collection services within the city.
(b)
Any
person desiring to obtain a franchise or contract to remove or convey
any garbage or rubbish from a container within the city to a waste
disposal or transfer station in the county utilizing any public street,
alley or highway or other public place within the city shall first
file an application with the city clerk stating his or her name and
address and the conditions under which he or she intends to perform
said services under a contract or franchise for the city.
(c)
If
the city has exercised its option to award an exclusive franchise
for solid waste collection pursuant to Public Resources Code Section
40059, no person other than the franchisee or its officers, agents,
and employees, shall engage in such activity within the city limits
during the term of that exclusive franchise.
(Ord. 1580 § 1, 2022)
The city and the city's contractor or franchisee shall ensure
that the city meets all state requirements for diversion of waste
from landfill disposal. The city shall encourage source reduction
and recycling and other ways to divert waste from the landfills in
ways that benefit the environment. This includes revised organic processing
to reduce pollutants.
(Ord. 1580 § 1, 2022)
The city shall maintain waste flow control and shall retain
the authority to direct the disposition of refuse. The conditions
under which such power is exercised may be set forth in the city's
contract or franchise agreement for collection services.
(Ord. 1580 § 1, 2022)
The city and its duly authorized contractor or franchisee shall
own all material once it is deposited into receptacles for collection.
Before such materials are deposited in those receptacles for collection,
the owner may dispose of those materials in any lawful manner, including
self-hauling waste to an appropriate landfill or other appropriate
facility, or selling or donating recyclable material. Once the material
is placed in a residential refuse or recycling container at curbside
or in a commercial dumpster, title to the material passes to the city
or its duly authorized contractor or franchisee.
(Ord. 1580 § 1, 2022)
(a)
Prohibition.
Scavenging is prohibited. No person shall remove any item, including,
but not limited to, newsprint, cardboard, bottles, cans, or metal,
that has been placed in any recycling or refuse bin, container, cart,
trashcan, or dumpster.
(Ord. 1580 § 1, 2022)
The authorized contractor or franchisee shall provide every
single-family dwelling unit or units with one ninety-five-gallon cart
for collection of non-organic waste, one ninety-five-gallon cart for
the collection of organic material, and one ninety-five-gallon cart
for collection of recyclable material. The authorized contractor or
franchisee may provide one sixty-five-gallon cart for collection of
non-organic waste and one sixty-five-gallon cart for the collection
of organic waste material and one sixty-five-gallon cart for collection
of recyclable waste, or one sixty-five-gallon cart for collection
of non-organic waste for customers with inadequate storage for the
standard three ninety-five-gallon carts allocation. The authorized
contractor or franchisee shall repair or replace damaged carts within
three days of notification of such damage by resident or city. Carts
damaged through misuse by the resident will be repaired or replaced
by the contractor or franchisee and the resident charged the cost
for the repair or replacement of the cart.
(Ord. 1580 § 1, 2022)
(a)
All
non-organic waste, organic and recyclable material set out for collection
at curbside shall be placed in containers that satisfy the following
requirements:
(1)
Carts shall not exceed ninety-five gallons in capacity;
(2)
Carts shall be constructed of plastic or similar watertight material;
(3)
Carts shall be equipped with fixed handles located below the top
edge of the cart that are large enough to accommodate a gloved hand;
(4)
Carts shall have a watertight cover that is attached to the cart;
(5)
Carts shall have two wheels at their base;
(6)
Carts shall be supplied by the city's franchisee and shall be standardized
as approved by the city;
(7)
Lids of containers shall be closed for sanitary and odor purposes
and to prevent varmint, vermin and bird access and insect and pest
breeding.
(b)
No person shall place any container or cart with non-organic waste, organic, or recyclable material on public property for collection unless the cart fully complies with subsection (a) of this section. No refuse will be collected from the curbside unless the refuse is placed in carts that comply with subsection (a) of this section.
(Ord. 1580 § 1, 2022)
Any multi-family commercial or multi-family residential property,
which utilizes commercial refuse bins for the storage of garbage or
refuse, shall utilize a bin with a lid or cover sufficient to prevent:
(a) odor from escaping the container; (b) flies and other insects
from coming into contact with the contents of the container; (c) the
contents from leaving the interior of the container; and (d) rain
or water from entering the interior of the container. It shall be
the responsibility of the owner of the premises to ensure that lids
are completely closed, and bins are not overfilled. Further, any multi-residential
complex or business utilizing any commercial refuse bins shall ensure
that the garbage and refuse accumulated in the bins is picked up and
disposed of at least once per week and shall maintain each bin and
bin enclosure in a clean and sanitary manner.
(Ord. 1580 § 1, 2022)
Persons disposing of their solid waste shall place the same
as follows:
(a)
Recyclable
materials shall only be deposited in the blue recyclable container.
(b)
Organic
and other organic waste shall only be placed in the organic container.
(c)
Solid
waste that is not recyclable material or green waste, and that is
not prohibited material, shall be placed in the non-organic gray container.
(d)
Persons
shall not place their solid waste in containers except as provided
herein.
(Ord. 1580 § 1, 2022)
(a)
No
person shall set out for collection any of the following materials:
(1)
Ammunition or explosives;
(2)
Industrial wastes, caustic or hazardous chemicals or acids;
(3)
Pathological, biomedical, toxic or radioactive waste;
(4)
Drugs or medicines;
(5)
Human feces, unwrapped animal feces or dead animals;
(6)
Liquids, paints, or any substance the disposal of which is regulated
by the Hazardous Substances Act, or regulations adopted pursuant thereto;
(7)
Any material, the disposal of which is prohibited within county landfills,
including, but not limited to, items longer than four feet in length
or items more than eighteen inches in diameter;
(8)
Lube oils;
(9)
Items which are too large for, or which may damage, the collection
equipment or machinery such as large pieces of metal, machine parts,
logs and tree stumps;
(10)
Hypodermic needles unless broken and placed within a plastic container
which cannot be pierced by the needle.
(b)
Sod,
building scraps, bricks, concrete and other building or construction
material may be refused at the discretion of the collector.
(Ord. 1580 § 1, 2022)
No person who owns, controls, or occupies any premises shall
permit solid waste to accumulate for a period in excess of one calendar
week, or refuse or cuttings to accumulate for a period of fifteen
days, or fail, refuse or neglect to place such solid waste and such
refuse and cuttings for collection in accordance with schedules established
therefor, the provisions of this chapter, and rules and regulations
established pursuant thereto.
(Ord. 1580 § 1, 2022)
(a)
Carts
shall be stored in a garage, trash enclosure, or in the side yard
and away from public view except when the containers are placed out
for collection.
(b)
Placement
for Collection.
(1)
Carts shall be placed for collection in a location easily accessible
to the refuse collector in the street adjacent to the curb.
(2)
If refuse is collected from an alley abutting the premises, carts
shall be placed for collection as close to the alley property line
as feasible and on private property.
(3)
Carts shall not be considered placed for collection and garbage,
refuse and cuttings will not be collected unless containers are removed
from any enclosure, structure, cabinet, or shelf.
(4)
Carts shall be placed for collection before six a.m. on collection
days, but not earlier than six p.m. the day preceding the collection
day, and containers shall be relocated to their required storage place
as soon as possible after collection, but no later than nine p.m.
of the day of collection.
(c)
The
owner and tenant are each responsible for the placement of carts provided.
(d)
No
person shall store or place carts in violation of this section.
(Ord. 1580 § 1, 2022)
(a)
Equipment
used by the contractor for collection and hauling of garbage and trash
shall be such as to assure, in the opinion of the city manager, that
adequate standards of collection will be maintained. It is the declared
interest of the city that the contractor be able to provide a wide
variety of containers to meet the capacity requirements of commercial,
industrial and multiple residential users. Equipment used shall be
watertight. Complete metal operating covers must be a part of the
design of equipment employed. No material shall be permitted to leak,
fall or be spilled onto city streets, alleys or highways. Any such
leakage or spills occurring shall be immediately corrected and the
area cleaned. Equipment used must employ adequate safety conditions
for operating personnel and the public and must be maintained in good
mechanical condition.
(b)
All
collections shall be made as quietly as possible and no unnecessarily
noisy trucks or equipment shall be used. Employees of the contractor
who are unnecessarily noisy or who violate the provisions of the California
Vehicle Code and/or any applicable city ordinance in the collection
of such materials shall be barred from the performance of any duties
on city streets and rights-of-way upon demand of the city manager.
(c)
Collections
shall only be made between the hours of six-thirty a.m. and six-thirty
p.m. unless the permission of the city manager is obtained.
(Ord. 1580 § 1, 2022)
No person shall bury refuse.
(Ord. 1580 § 1, 2022)
No person shall burn refuse.
(Ord. 1580 § 1, 2022)
The city may impose charges for refuse collection for residential
properties by resolution or ordinance. The city may collect such charges
with the water bill or in any other manner that the city council may
determine and thereafter pay to the city's contract or franchisee
collector such amounts as may be due.
(Ord. 1580 § 1, 2022)
Violations of this chapter shall be punishable as provided in Chapter 1.16.
(Ord. 1580 § 1, 2022)
Single-family organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in Section 6.08.260 of this chapter:
(a)
Shall
subscribe to jurisdiction's organic waste collection services for
all organic waste generated as described below. Jurisdiction 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
its collection services as requested by the jurisdiction. 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)
Shall
participate in the jurisdiction's organic waste collection service(s)
by placing designated materials in designated containers as described
below and shall not place prohibited container contaminants in collection
containers.
(c)
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. 1580 § 1, 2022)
Generators that are commercial businesses, including multi-family
residential dwellings, shall:
(a)
Subscribe to jurisdiction's three container collection services and comply with requirements of those services as described below, except commercial businesses that meet the self-hauler requirements in Section 6.08.260 of this chapter. Jurisdiction 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 jurisdiction.
(b)
Except commercial businesses that meet the self-hauler requirements in Section 6.08.260 of this chapter, participate in the jurisdiction's organic waste collection service(s) by placing designated materials in designated containers as described below.
(c)
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. Generator
shall not place materials designated for the gray container into the
green container or blue container.
(d)
Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (e)(1) and (e)(2) below) for employees, contractors, tenants, and customers, consistent with jurisdiction's blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 6.08.260.
(e)
Excluding
multi-family residential dwellings, provide containers for the collection
of source separated green container organic waste and source separated
recyclable materials in all indoor and outdoor areas where disposal
containers are provided for 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 jurisdiction, 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 to 14 CCR Section
18984.8, the container labeling requirements are required on new containers
commencing January 1, 2022.
(f)
Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirements in subsection (d) pursuant to 14 CCR Section 18984.9(b).
To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the jurisdiction's blue container, green container, and gray container collection service or, if self-hauling, per the commercial business's instructions to support its compliance with its self-haul program, in accordance with Section 6.08.260.
(g)
Excluding
multi-family residential dwellings, periodically inspect blue containers,
green containers, and gray containers for contamination and inform
employees if containers are contaminated and of the requirements to
keep contaminants out of those containers pursuant to 14 CCR Section
18984.9(b)(3).
(h)
Annually
provide information to employees, contractors, tenants, and customers
about organic waste recovery requirements and about proper sorting
of source separated green container organic waste and source separated
recyclable materials.
(i)
Provide
education information before or within fourteen 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 jurisdiction or its agent to their properties during all inspections conducted in accordance with Section 6.08.270 of this chapter to confirm compliance with the requirements of this chapter.
(k)
Accommodate
and cooperate with jurisdiction'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 this section. The remote monitoring program shall
involve installation of remote monitoring equipment on or in the blue
containers, green containers, and gray containers.
(l)
At
commercial business's option and subject to any approval required
from the jurisdiction, 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 jurisdiction
or its designee.
(m)
If a commercial business wants to self-haul, meet the self-hauler requirements in Section 6.08.260 of this chapter.
(n)
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).
(Ord. 1580 § 1, 2022)
(a)
The
city may grant waivers to the requirements as may be authorized by
SB 1383 Regulations.
(b)
De Minimis Waivers. A jurisdiction may waive a commercial business's obligation (including multi-family 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 subsection (b)(2) below. 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)(2)
below.
(2)
Provide documentation that either:
(A)
The commercial business's total solid waste collection service is
two cubic yards or more per week and organic waste subject to collection
in a blue container or green container comprises less than twenty
gallons per week per applicable container of the business's total
waste; or,
(B)
The commercial business's total solid waste collection service is
less than two cubic yards per week and organic waste subject to collection
in a blue container or green container comprises less than ten gallons
per week per applicable container of the business's total waste.
(3)
Notify jurisdiction if circumstances change such that commercial
business's organic waste exceeds threshold required for waiver, in
which case waiver will be rescinded.
(4)
Provide written verification of eligibility for de minimis waiver
every five years if jurisdiction has approved de minimis waiver.
(c)
Physical space waivers jurisdiction may waive a commercial business's or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the jurisdiction has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of Section 6.08.210.
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 lacks adequate space for
blue containers and/or green containers including documentation from
its hauler, licensed architect, or licensed engineer.
(3)
Provide written verification to jurisdiction that it is still eligible
for physical space waiver every five years, if jurisdiction has approved
application for a physical space waiver.
(Ord. 1580 § 1, 2022)
(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: (i) the collection of
edible food for food recovery; or (ii) 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 jurisdiction'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.
(6)
No later than March 1st of each year commencing no later than March
1, 2023 for Tier One commercial edible food generators and March 1,
2025 for Tier Two commercial edible food generators, provide an annual
food recovery report to the jurisdiction that includes the following
information:
(d)
Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the state of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. 1580 § 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)
Food
recovery organizations and food recovery services shall inform generators
about California and Federal Good Samaritan Food Donation Act protection
in written communications, such as in their contract or agreement
established under 14 CCR Section 18991.3(b).
(d)
Food
recovery organizations and food recovery services that have their
primary address physically located in the jurisdiction 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 jurisdiction it is located in the total pounds of edible food
recovered in the previous calendar year from the Tier One and Tier
Two commercial edible food generators they have established a contract
or written agreement with pursuant to 14 CCR Section 18991.3(b) no
later than March 1st of each year, commencing in 2023.
(e)
Food
Recovery Capacity Planning—Food Recovery Services and Food Recovery
Organizations. In order to support edible food recovery capacity planning
assessments or other studies conducted by the county, city, special
district that provides solid waste collection services, or its designated
entity, food recovery services and food recovery organizations operating
in the jurisdiction shall provide information and consultation to
the jurisdiction, upon request, regarding existing, or proposed new
or expanded, food recovery capacity that could be accessed by the
jurisdiction and its commercial edible food generators. A food recovery
service or food recovery organization contacted by the jurisdiction
shall respond to such request for information within sixty days, unless
a shorter timeframe is otherwise specified by the jurisdiction.
(Ord. 1580 § 1, 2022)
(a)
Requirements
for Haulers.
(1)
The exclusive franchise hauler providing residential, commercial,
or industrial organic waste collection services to generators within
the jurisdiction's boundaries shall meet the following requirements
and standards as a condition of approval of a contract, agreement,
or other authorization with the jurisdiction to collect organic waste:
(A)
Through written notice to the jurisdiction annually on or before
December 1st of the preceding year, identify the facilities to which
they will transport organic waste including facilities for source
separated recyclable materials, source separated green container organic
waste, and mixed waste.
(2)
The exclusive franchise hauler with authorization to collect organic
waste shall comply with education, equipment, signage, container labeling,
container color, contamination monitoring, reporting, and other requirements
contained within its franchise agreement, permit, license, or other
agreement entered into with jurisdiction.
(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
jurisdiction 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
jurisdiction shall respond within sixty days.
(2)
Community composting operators, upon jurisdiction request, shall
provide information to the jurisdiction 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 jurisdiction shall respond within
sixty days.
(Ord. 1580 § 1, 2022)
(a)
Self-haulers
shall source separate all recyclable materials and organic waste (materials
that jurisdiction otherwise requires generators to separate for collection
in the jurisdiction's organics and recycling collection program) generated
on site from solid waste in a manner consistent with 14 CCR Sections
18984.1 and 18984.2 or shall haul organic waste to a high diversion
organic waste processing facility as specified in 14 CCR Section 18984.3.
(b)
Self-haulers
shall haul their source separated recyclable materials to a facility
that recovers those materials; and haul their source separated green
container organic waste to a solid waste facility, operation, activity,
or property that processes or recovers source separated organic waste.
Alternatively, self-haulers may haul organic waste to a high diversion
organic waste processing facility.
(c)
Self-haulers
that are commercial businesses (including multi-family residential
dwellings) shall keep a record of the amount of organic waste delivered
to each solid waste facility, operation, activity, or property that
processes or recovers organic waste; this record shall be subject
to inspection by the jurisdiction. The records shall include the following
information:
(1)
Delivery receipts and weight tickets from the entity accepting the
waste.
(2)
The amount of material in cubic yards or tons transported by the
generator to each entity.
(3)
If the material is transported to an entity that does not have scales
on site or employs scales incapable of weighing the self-hauler's
vehicle in a manner that allows it to determine the weight of materials
received, the self-hauler is not required to record the weight of
material but shall keep a record of the entities that received the
organic waste.
(Ord. 1580 § 1, 2022)
(a)
Jurisdiction 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 by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow jurisdiction to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with Section 6.08.210(b) of this chapter, jurisdiction 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 6.08.210(k) of this chapter.
(b)
Regulated
entity shall provide or arrange for access during all inspections
(with the exception of residential property interiors) and shall cooperate
with the jurisdiction'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 described herein. Failure to provide or arrange for:
(i) access to an entity's premises; (ii) installation and operation
of remote monitoring equipment (optional); or (iii) 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 jurisdiction 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)
Jurisdiction
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)
Jurisdiction
shall receive written complaints from persons regarding an entity
that may be potentially non-compliant with SB 1383 Regulations, including
receipt of anonymous complaints.
(Ord. 1580 § 1, 2022)
(a)
Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and shall be punishable as provided in Chapter 1.16. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The jurisdiction'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 to this chapter, except as otherwise indicated in this chapter.
(b)
Other
remedies allowed by law may be used, including civil action or prosecution
as misdemeanor or infraction. Jurisdiction may pursue civil actions
in the California courts to seek recovery of unpaid administrative
citations. Jurisdiction 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
jurisdiction staff and resources.
(c)
Responsible
Entity for Enforcement.
(1)
Enforcement pursuant to this chapter may be undertaken by the jurisdiction
enforcement official, which may be the city manager or designated
entity, legal counsel, or combination thereof.
(2)
Enforcement may also be undertaken by a regional or county agency
enforcement official, designated by the jurisdiction, in consultation
with jurisdiction enforcement official.
(A)
Jurisdiction enforcement official(s) (and regional or county agency
enforcement official, if using) will interpret ordinance; determine
the applicability of waivers, if violation(s) have occurred; implement
enforcement actions; and, determine if compliance standards are met.
(B)
Jurisdiction enforcement official(s) (and regional or county agency
enforcement official, if using) may issue notices of violation(s).
(d)
Process
for Enforcement.
(1)
Jurisdiction enforcement officials or regional or county 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 (that may include remote monitoring). Section 6.08.270 establishes jurisdiction's right to conduct inspections and investigations.
(2)
Jurisdiction may issue an official notification to notify regulated
entities of its obligations under this chapter.
(3)
For jurisdictions assessing contamination processing fees/penalties.
For incidences of prohibited container contaminants found in containers,
jurisdiction will issue a notice of violation to any generator found
to have prohibited container contaminants in a container. Such notice
will be provided via a cart tag or other communication immediately
upon identification of the prohibited container contaminants or within
ten days after determining that a violation has occurred. If the jurisdiction
observes prohibited container contaminants in a generator's containers
on more than three consecutive occasion(s), the jurisdiction may assess
contamination processing fees or contamination penalties on the generator.
(4)
With the exception of violations of generator contamination of container
contents addressed under subsection (d)(3), jurisdiction shall issue
a notice of violation requiring compliance within sixty days of issuance
of the notice.
(5)
Absent compliance by the respondent within the deadline set forth
in the notice of violation, jurisdiction shall commence an action
to impose penalties, via an administrative citation and fine, pursuant
to the
|
Notices shall be sent to "owner" at the official address of
the owner maintained by the tax collector for the jurisdiction 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. The penalty levels are as follows:
(1)
For a first violation, the amount of the base penalty shall be fifty
dollars to one hundred dollars per violation.
(2)
For a second violation, the amount of the base penalty shall be one
hundred dollars to two hundred dollars per violation.
(3)
For a third or subsequent violation, the amount of the base penalty
shall be two hundred fifty dollars to five hundred dollars 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 jurisdiction may extend the
compliance deadlines set forth in a notice of violation issued in
accordance with this section if it finds that there are extenuating
circumstances beyond the control of the respondent that make compliance
within the deadlines impracticable, including the following:
(1)
Acts of God such as earthquakes, wildfires, flooding, and other emergencies
or natural disasters;
(2)
Delays in obtaining discretionary permits or other government agency
approvals; or
(3)
Deficiencies in organic waste recycling infrastructure or edible
food recovery capacity and the jurisdiction is under a corrective
action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due
to those deficiencies.
(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 jurisdiction's procedures
in the jurisdiction's codes for appeals of administrative citations.
Evidence may be presented at the hearing. The jurisdiction 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, jurisdiction will conduct inspections, remote monitoring,
route reviews or waste evaluations, and compliance reviews, depending
upon the type of regulated entity, to determine compliance, and if
jurisdiction determines that organic waste generator, self-hauler,
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 Noncompliance. Beginning January 1, 2024, if the jurisdiction
determines that an organic waste generator, self-hauler, 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 noncompliance or violation, issue a
notice of violation, and take enforcement action pursuant to this
section, as needed.
(Ord. 1580 § 1, 2022)
