The board of supervisors of the County of Merced finds and declares:
A.
State
recycling law, Assembly Bill 939 of 1989, the California Integrated
Waste Management Act of 1989 (California Public Resources Code Section
40000, et seq., as amended, supplemented, superseded, and replaced
from time to time), requires cities and counties to reduce, reuse,
and recycle (including composting) solid waste generated in their
jurisdictions to the maximum extent feasible before any incineration
or landfill disposal of waste, to conserve water, energy, and other
natural resources, and to protect the environment.
B.
State
recycling law, Assembly Bill 341 of 2011 (approved by the Governor
of the State of California on October 5, 2011, which amended Sections
41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001
of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8
(commencing with Section 42649) to Part 3 of Division 30 of, and added
and repealed Section 41780.02 of, the Public Resources Code, as amended,
supplemented, superseded and replaced from time to time), places requirements
on businesses and multifamily property owners that generate a specified
threshold amount of solid waste to arrange for recycling services
and requires jurisdictions to implement a commercial recycling program.
C.
State
organics recycling law, Assembly Bill 1826 of 2014 (approved by the
Governor of the State of California on September 28, 2014, which added
Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division
30 of the Public Resources Code, relating to solid waste, as amended,
supplemented, superseded, and replaced from time to time), requires
businesses and multifamily property owners that generate a specified
threshold amount of solid waste, recycling, and organic waste per
week to arrange for recycling services for that waste, requires jurisdictions
to implement a recycling program to divert organic waste from businesses
subject to the law, and requires jurisdictions to implement a commercial
organics recycling program.
D.
SB 1383,
the Short-Lived Climate Pollutant Reduction Act of 2016, requires
CALRecycle to develop regulations to reduce organics in landfills
as a source of methane. The regulations place requirements on multiple
entities including jurisdictions, residential households, commercial
businesses and business owners, commercial edible food generators,
haulers, self-haulers, food recovery organizations, and food recovery
services to support achievement of statewide organic waste disposal
reduction targets.
E.
SB 1383,
the Short-Lived Climate Pollutant Reduction Act of 2016, requires
jurisdictions to adopt and enforce an ordinance or enforceable mechanism
to implement relevant provisions of SB 1383 regulations. This chapter
will also help reduce food insecurity by requiring commercial edible
food generators to arrange to have the maximum amount of their edible
food, that would otherwise be disposed, be recovered for human consumption.
(Ord. 2015 § 1, 2022)
This chapter shall be entitled "Organic Waste Disposal Reduction"
and shall be enforceable in the unincorporated areas of Merced County,
unless otherwise stated herein. To the extent this chapter is in conflict
with any existing ordinances, including those codified in the Merced
County Code, this chapter shall take precedence over all such earlier
ordinances upon its effective date.
(Ord. 2015 § 1, 2022)
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.
means California's Department of Resources Recycling and
Recovery, which is the department designated with responsibility for
developing, implementing, and enforcing SB 1383 regulations.
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, strip
mall, industrial facility, or a multifamily residential dwelling,
or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily
residential dwelling that consists of fewer than five 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 herein or as otherwise defined in 14 CCR Sections
18982(a)(73) and (a)(74). For the purposes of this definition, food
recovery organizations and food recovery services are not commercial
edible food generators pursuant to 14 CCR Section 18982(a)(7).
means 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 100 cubic yards and 750 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 county to determine compliance
with this chapter.
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, as in 14 CCR Section 17896.2(a)(4).
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).
means the county of Merced, acting as a governmental entity.
means the county of Merced public works director, director
of community and economic development, sheriff; county employees designated
by any of the aforesaid county officers ("designated employees");
or designees, as defined below, who are partially or wholly responsible
for enforcing the ordinance codified in this chapter.
means construction and demolition debris.
means an entity that county contracts with or otherwise arranges
to have carry out any of the county's responsibilities under this
chapter as authorized in 14 CCR Section 18981.2. A designee may be
a governmental 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 county to address noncompliance with
this chapter including, but not limited to, issuing notices of violation,
administrative citations, fines, or 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 county 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 county'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 the county, or its designee, to potential
liability; but not including de minimis volumes or concentrations
of waste of a type and amount normally found in single-family or multifamily
solid waste after implementation of programs for the safe collection,
processing, recycling, treatment, and disposal of batteries and paint
in compliance with Sections 41500 and 41802 of the California Public
Resources Code.
means a company that distributes food to entities, including,
but not limited to, supermarkets and grocery stores, or as otherwise
defined in 14 CCR Section 18982(a)(22).
has the same meaning as in Section 113789 of the California
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),
as amended, supplemented, superseded, and replaced from time to time,
including, but not limited to:
A food bank as defined in Section 113783 of the California Health
and Safety Code;
A nonprofit charitable organization as defined in Section 113841
of the California Health and Safety Code; and,
A nonprofit charitable temporary food facility as defined in
Section 113842 of the California Health and Safety Code.
means a person or entity that collects and transports edible
food from a commercial edible food generator to a food recovery organization
or other entities for food recovery, or as otherwise defined in 14
CCR Section 18982(a)(26). A food recovery service is not a commercial
edible food generator for the purposes of this chapter and implementation
of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
means all food, such as, but not limited to, fruits, vegetables,
meat, poultry, seafood, shellfish, nutshells, 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 and food-soiled paper.
has the same meaning as in 14 CCR Section 18982(a)(28) and
shall be used for the purpose of storage and collection of gray container
waste.
means solid waste that is collected in a gray container that
is part of a two- or three-container organic waste collection service
that prohibits the placement of organic waste in the gray container.
has the same meaning as in 14 CCR Section 18982(a)(29) and
shall be used for the purpose of storage and collection of source
separated green container organic waste.
means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and
poultry; and any area that is not separately owned within the store
where the food is prepared and served, including a bakery, deli, and
meat and seafood departments, or as otherwise defined in 14 CCR Section
18982(a)(30).
means the designated itinerary or sequence of stops for each
segment of the county'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 con-tent recovery rate of 50% between
January 1, 2022 and December 31, 2024, and 75% after January 1, 2025,
as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste
received from the "mixed waste organic collection stream" as defined
in 14 CCR Section 17402(a)(11.5), or as otherwise defined in 14 CCR
Section 18982(a)(33).
means a site visit where the county reviews records, containers,
and an entity's collection, handling, recycling, or landfill disposal
of organic waste or edible food handling to determine if the entity
is complying with requirements set forth in this chapter, or as otherwise
defined in 14 CCR Section 18982(a)(35).
means an event, including, but not limited to, a sporting
event or a flea market, that charges an admission price, or is operated
by a local agency, and serves an average of more than 2,000 individuals
per day of operation of the event, at a location that includes, but
is not limited to, a public, nonprofit, or privately owned park, parking
lot, golf course, street system, or other open space when being used
for an event. If the definition in 14 CCR Section 18982(a)(38) differs
from this definition, the definition in 14 CCR Section 18982(a)(38)
shall apply to this chapter.
means a permanent venue facility that annually seats or serves
an average of more than 2,000 individuals within the grounds of the
facility per day of operation of the venue facility. For purposes
of this chapter and implementation of 14 CCR, Division 7, Chapter
12, a venue facility includes, but is not limited to, a public, nonprofit,
or privately owned or operated stadium, amphitheater, arena, hall,
amusement park, conference or civic center, zoo, aquarium, airport,
racetrack, horse track, performing arts center, fairground, museum,
theater, or other public attraction facility. For purposes of this
chapter and implementation of 14 CCR, Division 7, Chapter 12, a site
under common ownership or control that includes more than one large
venue that is contiguous with other large venues in the site, is a
single large venue. If the definition in 14 CCR Section 18982(a)(39)
differs from this definition, the definition in 14 CCR Section 18982(a)(39)
shall apply to this chapter.
means a school district, charter school, or county office
of education that is not subject to the control of county regulations
related to solid waste, or as otherwise defined in 14 CCR Section
18982(a)(40).
means the geographic area known as Merced County.
means of, from, or pertaining to residential premises with
five or more dwelling units. Multifamily premises do not include hotels,
motels, or other transient occupancy facilities, which are considered
commercial businesses.
refers to the Model Water Efficient Landscape Ordinance (MWELO),
23 CCR, Division 2, Chapter 2.7.
includes, but is not limited to, paper that is coated in
a plastic material that will not break down in the composting process,
or as otherwise defined in 14 CCR Section 18982(a)(41).
means non-putrescible and non-hazardous recyclable wastes,
including, but not limited to, bottles, cans, metals, plastics and
glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
means solid wastes containing material originated from living
organisms and their metabolic waste products, including but not limited
to food, green material, landscape and pruning waste, organic textiles
and carpets, non-treated lumber, non-treated 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).
In county franchise areas one, two, three, four, five, and South
Dos Palos: "Prohibited container contaminants" means the following:
(a) discarded materials placed in the blue container that are not
identified as acceptable source separated recyclable materials for
the county's blue container; (b) discarded materials placed in the
green container that are not identified as acceptable source separated
green container organic waste for the county's green container; (c)
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 county's green container
and/or blue container; and (d) excluded waste placed in any container.
In county franchise areas six and seven: "Prohibited container
contaminants" means the following: (a) discarded materials placed
in a green container that are not identified as acceptable source
separated green container organic waste for the county's green container;
(b) 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 county's green container; and (c)
excluded waste placed in any container.
means products made from California, landfill-diverted recovered
organic waste processed in a permitted or otherwise authorized facility,
or as otherwise defined in 14 CCR Section 18982(a)(60).
means paper products and printing and writing paper that
consists of at least 30%, 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 an establishment primarily engaged in the retail sale
of food and drinks for on-premises or immediate consumption, or as
otherwise defined in 14 CCR Section 18982(a)(64).
means a visual inspection of containers along a hauler route
for the purpose of determining container contamination, and may include
mechanical inspection methods such as the use of cameras, or as otherwise
defined in 14 CCR Section 18982(a)(65).
means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7,
and 39730.8 to the California Health and Safety Code, and added Chapter
13.1 (commencing with Section 42652) to Part 3 of Division 30 of the
Public Resources Code, establishing methane emissions reduction targets
in a statewide effort to reduce emissions of short-lived climate pollutants
as amended, supplemented, superseded, and replaced from time to time.
means a person who hauls solid waste, organic waste or recyclable
material he or she has generated to another person. Self-hauler also
includes a person who back-hauls waste, or as otherwise defined in
14 CCR Section 18982(a)(66). Back-haul means generating and transporting
organic waste to a destination owned and operated by the generator
using the generator's own employees and equipment, or as otherwise
defined in 14 CCR Section 18982(a)(66)(A).
means of, from, or pertaining to any residential premises
with fewer than five units.
has the same meaning as defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and
nonputrescible solid, semi-solid, and liquid wastes, including garbage,
trash, refuse, paper, rubbish, ashes, industrial wastes, demolition
and construction wastes, abandoned vehicles and parts thereof, discarded
home and industrial appliances, dewatered, treated, or chemically
fixed sewage sludge which is not hazardous waste, manure, vegetable
or animal solid and semi-solid wastes, and other discarded solid and
semi-solid wastes, with the exception that solid waste does not include
any of the following wastes:
Hazardous waste, as defined in the State Public Resources Code
Section 40141.
Radioactive waste regulated pursuant to the State Radiation
Control Law (Chapter 8 (commencing with Section 114960) of Part 9
of Division 104 of the California 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 California Health and Safety Code). Untreated medical waste
shall not be disposed of in a solid waste landfill, as defined in
State Public Resources Code Section 40195.1. Medical waste that has
been treated and deemed to be solid waste shall be regulated pursuant
to Division 30 of the State Public Resources Code.
means materials, including commingled recyclable materials,
that have been separated or kept separate from the solid waste stream,
at the point of generation, for the purpose of additional sorting
or processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products, which meet the quality standards
necessary to be used in the marketplace, or as otherwise defined in
14 CCR Section 17402.5(b)(4). For the purposes of the ordinance codified
in 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 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, compostable plastics, carpets, non-compostable
paper, and textiles.
means source separated non-organic recyclables and source
separated blue container organic waste.
means the state of California.
means a full-line, self-service retail store with gross annual
sales of two million dollars ($2,000,000.00), or more, and which sells
a line of dry grocery, canned goods, or nonfood items and some perishable
items, or as otherwise defined in 14 CCR Section 18982(a)(71).
means a commercial edible food generator that is one of the
following:
means a commercial edible food generator that is one of the
following:
Restaurant with 250 or more seats, or a total facility size
equal to or greater than 5,000 square feet.
Hotel with an on-site food facility and 200 or more rooms.
Health facility with an on-site food facility and 100 or more
beds.
Large venue.
Large event.
A state agency with a cafeteria with 250 or more seats or total
cafeteria facility size equal to or greater than 5,000 square feet.
means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables)
is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination, or as otherwise defined
in 14 CCR Section 18982(a)(76).
(Ord. 2015 § 1, 2022)
Single-family organic waste generators shall comply with the
following requirements:
A.
Shall subscribe to county's organic waste collection services for all organic waste generated as described in subsection B below. The county 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 requested by the county. 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 county'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.
1.
County
franchise areas one, two, three, four, five, and South Dos Palos:
A three-container collection service (blue container, green container,
and gray container).
a.
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. 2015 § 1, 2022)
Generators that are commercial businesses, including multifamily
residential dwellings, shall:
A.
Subscribe to county's three-container or two-container collection services and comply with requirements of those services as described in subsection B below, except commercial businesses that meet the self-hauler requirements in Section 9.06.100. County 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 county.
B.
Except commercial businesses that meet the self-hauler requirements in Section 9.06.100, participate in the county's organic waste collection service(s) by placing designated materials in designated containers as described below.
1.
County
franchise areas one, two, three, four, five, and South Dos Palos:
A three-container collection service (blue container, green container,
and gray container).
a.
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.
C.
Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsection D below) for employees, contractors, tenants, and customers, consistent with county's three-container or two-container collection service or, if self-hauling, per the commercial business's instructions to support compliance with a self-haul program, in accordance with Section 9.06.100.
D.
Excluding
multifamily residential dwellings, provide containers for the collection
of source separated green container organic waste and source separated
recyclable materials in all indoor and outdoor areas where disposal
containers are provided for customers, for materials generated by
that business. Such containers do not need to be provided in restrooms.
If a commercial business does not generate any of the materials that
would be collected in one type of container, then the business does
not have to provide that particular container in all areas where disposal
containers are provided for customers. Pursuant to 14 CCR Section
18984.9(b), the containers provided by the business shall have either:
1.
A
body or lid that conforms with the container colors provided through
the collection service provided by county, 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.
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 county's three-container or two-container collection service or, if self-hauling, per the commercial business's instructions to support compliance with a self-haul program, in accordance with Section 9.06.100.
G.
Excluding
multifamily 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 14 days of occupation of the
premises to new tenants that describes requirements to keep source
separated green container organic waste and source separated recyclable
materials separate from gray container waste (when applicable) and
the location of containers and the rules governing their use at each
property.
J.
Provide or arrange access for the county or its agent to their properties during all inspections conducted in accordance with Section 9.06.130 to confirm compliance with the requirements of this chapter.
K.
If a commercial business wants to self-haul, meet the self-hauler requirements in Section 9.06.100.
(Ord. 2015 § 1, 2022)
A.
De Minimis Waivers. The county 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 subsection (A)(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 (A)(2) below.
2.
Provide
documentation that either:
a.
The commercial business's total solid waste collection service is
two cubic yards or more per week and organic waste subject to collection
in a green container comprises less than 20 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 green container comprises less than 10 gallons per week per applicable
container of the business's total waste.
3.
Notify
the county 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 the county has approved de minimis waiver.
B.
Physical Space Waivers. The county may waive a commercial business's or property owner's obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the county 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 9.06.050.
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 the county that it is still eligible for physical
space waiver every five years, if county has approved application
for a physical space waiver.
C.
Collection
Frequency Waiver. The county, at its discretion and in accordance
with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant
of any residence, premises, business establishment or industry that
subscribes to the county's three- or two-container organic waste collection
service to arrange for the collection of their blue container, gray
container, or both once every 14 days, rather than once per week.
D.
Review
and Approval of Waivers by County. Waiver applications shall be submitted
to the Merced County director of public works or designated employees,
who shall review and approve or deny the same.
(Ord. 2015 § 1, 2022)
A.
Tier
one commercial edible food generators must comply with the requirements
of this section commencing January 1, 2023, 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.
Obtain
and maintain a valid health permit of operation from the county division
of environmental health.
5.
Allow
the county enforcement official to access the premises and review
records pursuant to 14 CCR Section 18991.4.
6.
Keep
records that include the following information, or as otherwise specified
in 14 CCR Section 18991.4:
a.
A list of each food recovery service or organization that collects
or receives its edible food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
c.
A record of the following information for each of those food recovery
services or food recovery organizations:
i.
The name, address and contact information of the food recovery service
or food recovery organization.
ii.
The types of food that will be collected by or self-hauled to the
food recovery service or food recovery organization.
iii.
The established frequency that food will be collected or self-hauled.
iv.
The quantity of food, measured in pounds recovered per month, collected
or self-hauled to a food recovery service or food recovery organization
for food recovery.
7.
No later than March 1st of each year commencing no later than 2024 for tier one commercial edible food generators and 2025 for tier two commercial edible food generators, provide an annual food recovery report in a format and by a mode approved by the county division of environmental health for the prior calendar year to the county that includes the information contained in subsections (C)(6)(a) and (C)(6)(c) above. The information set forth in subsection (C)(6)(b) above need only be provided upon county's request therefor. The county shall have discretion with regard to the enforcement of this requirement.
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 California Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. 2015 § 1, 2022; Ord. 2028 § 2, 2023)
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 unincorporated Merced County
and contract with or have written agreements with one or more commercial
edible food generators pursuant to 14 CCR Section 18991.3(b) shall,
commencing in 2024, report to the county 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, annually, in a format and by a mode approved
by the county.
E.
Food
Recovery Capacity Planning.
1.
Food
Recovery Services and Food Recovery Organizations. In order to support
edible food recovery capacity planning assessments or other studies
conducted by the county, cities located in Merced County, or their
respective designees, food recovery services and food recovery organizations
operating in Merced County shall provide information and consultation
to the county, upon request, regarding existing or proposed, new or
expanded food recovery capacity that could be accessed by the county
and its commercial edible food generators. A food recovery service
or food recovery organization contacted by the county shall respond
to such request for information within 60 days, unless a shorter timeframe
is otherwise specified by the county.
2.
Jurisdictions
and Regional Agencies. Cities that provide solid waste collection
services and regional agencies located in Merced County shall conduct
edible food recovery capacity planning, in coordination with the county.
a.
If the county identifies that new or expanded capacity to recover
edible food is needed, then each jurisdiction in Merced County that
lacks capacity shall:
i.
Submit an implementation schedule to CALRecycle and the county that
demonstrates how it will ensure there is enough new or expanded capacity
to recover the edible food currently disposed by commercial edible
food generators within its jurisdiction by the end of the reporting
period set forth in 14 CCR Section 18992.3. The implementation schedule
shall include the information specified in 14 CCR Section 18992.2(c)(1)(A).
ii.
Consult with food recovery organizations and food recovery services
regarding existing, or proposed new and expanded capacity that could
be accessed by the jurisdiction and its commercial edible food generators.
b.
If the county finds that new or expanded capacity is needed, the
county shall notify the jurisdictions that lack sufficient capacity.
c.
A city or regional agency contacted by the county pursuant to this
section shall respond to the county's request for information within
120 days of receiving the request from the county, unless a shorter
timeframe is otherwise specified by the county.
(Ord. 2015 § 1, 2022; Ord. 2028 § 3, 2023)
A.
Requirements
for Haulers.
1.
Franchised
haulers and permitted haulers providing residential, commercial, or
industrial organic waste collection services to generators within
Merced County shall meet the following requirements and standards
as a condition of approval of a contract, agreement, or other authorization
with the county to collect organic waste:
a.
Through written notice to the county annually on or before January
1st, identify the facilities to which they will transport organic
waste including facilities for source separated recyclable materials
and source separated green container organic waste.
2.
Franchised
hauler and permitted hauler 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 the county.
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 county
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 county shall respond
within 60 days.
2.
Community
composting operators, upon county request, shall provide information
to the county 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 county shall respond within 60 days.
(Ord. 2015 § 1, 2022)
A.
Only
commercial businesses may qualify as self-haulers under this chapter.
Self-haulers shall source separate all recyclable materials and organic
waste (materials that the county otherwise requires generators to
separate for collection in the county'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
(including multifamily residential dwellings) shall keep a record
of the amount of source separated green container organic waste, source
separated recyclable materials, and gray container waste delivered
to each solid waste facility, operation, activity, or property that
processes or recovers each of the aforementioned types of solid waste;
this record shall be subject to inspection by the county. The records
shall include the following information:
1.
Type
of solid waste (i.e., source separated green container organic waste,
source separated recyclable materials, or gray container waste).
2.
Delivery
receipts and weight tickets from the entity accepting the waste.
3.
The
amount of material in cubic yards or tons transported by the generator
to each entity.
4.
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
solid waste.
(Ord. 2015 § 1, 2022)
A.
Persons applying for a permit from the county for new construction and building additions and alterations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if their project is covered by the scope of CALGreen or more stringent requirements of the county. If the requirements of CALGreen are more stringent than the requirements of this section, the CALGreen requirements shall apply. Project applicants shall refer to Chapter 16.34 of the Merced County Code for complete CALGreen requirements.
B.
For
projects covered by CALGreen or more stringent requirements of the
county, the applicants must, as a condition of the county's permit
approval, comply with the following:
1.
Where
five or more multifamily dwelling units are constructed on a building
site, provide readily accessible areas that serve occupants of all
buildings on the site and are identified for the storage and collection
of blue container and green container materials, consistent with the
three- or two-container collection program offered by the county in
the applicable franchise area, or comply with provision of adequate
space for recycling for multifamily and commercial premises pursuant
to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California
Green Building Standards Code, 24 CCR, Part 11, as amended, provided
amended requirements are more stringent than the CALGreen requirements
for adequate recycling space effective January 1, 2020.
2.
New
commercial construction or additions of more than 30% of the existing
floor area shall provide readily accessible areas identified for the
storage and collection of blue container and green container materials,
consistent with the three- or two-container collection program offered
by the county in the applicable franchise area, or shall comply with
provision of adequate space for recycling for multifamily and commercial
premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1
of the California Green Building Standards Code, 24 CCR, Part 11,
as amended, provided amended requirements are more stringent than
the CALGreen requirements for adequate recycling space effective January
1, 2020.
3.
Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with the county's C&D ordinance, Chapter 16.34 of the Merced County Code, and all written and published county policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
(Ord. 2015 § 1, 2022)
A.
County
departments, and direct service providers to county, as applicable,
must comply with the county's recovered organic waste product procurement
policy and recycled-content paper procurement policy.
B.
All
vendors providing paper products and printing and writing paper shall:
1.
If
fitness and quality are equal, provide recycled-content paper products
and recycled-content printing and writing paper that consists of at
least 30%, by fiber weight, postconsumer fiber instead of non-recycled
products whenever recycled paper products and printing and writing
paper are available at the same or lesser total cost than non-recycled
items.
2.
Provide
paper products and printing and writing paper that meet Federal Trade
Commission recyclability standard as defined in 16 Code of Federal
Regulations (CFR) Section 260.12.
3.
Certify
in writing, under penalty of perjury, the minimum percentage of postconsumer
material in the paper products and printing and writing paper offered
or sold to the county. This certification requirement may be waived
if the percentage of postconsumer material in the paper products,
printing and writing paper, or both can be verified by a product label,
catalog, invoice, or a manufacturer or vendor internet website.
4.
Certify
in writing, on invoices or receipts provided, that the paper products
and printing and writing paper offered or sold to the county is eligible
to be labeled with an unqualified recyclable label as defined in 16
Code of Federal Regulations (CFR) Section 260.12 (2013).
5.
Provide records to the county department, employee, or designee responsible for recovered organic waste product procurement recordkeeping, in accordance with the county's recycled-content paper procurement policy(ies), of all paper products and printing and writing paper purchases within 30 days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the county. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsections (B)(3) and (B)(4) above for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing paper are provided, include a description of why recycled-content paper products or printing and writing paper were not provided.
(Ord. 2015 § 1, 2022)
A.
The
county enforcement official is 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 county to enter the
interior of a private residential property for inspection.
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 county enforcement official during such inspections and investigations.
Such inspections and investigations may include confirmation of proper
placement of materials in containers, edible food recovery activities,
records, or any other requirement of this chapter described herein.
Failure to provide or arrange for: (1) access to an entity's premises;
or (2) access to records for any inspection or investigation is a
violation of this chapter and may result in the penalties described.
C.
Any
records obtained by the county during its inspections and other reviews
shall be subject to the requirements and applicable disclosure exemptions
of the Public Records Act as set forth in Government Code Section
6250 et seq.
D.
The
county enforcement official is authorized to conduct any inspections
or other investigations as reasonably necessary to further the goals
of this chapter, subject to applicable laws.
E.
The
county enforcement official shall receive written complaints from
persons regarding an entity that may be potentially noncompliant with
SB 1383 regulations, including receipt of anonymous complaints.
(Ord. 2015 § 1, 2022)
A.
General
Enforcement Framework.
1.
Violation
of any provision of this chapter shall constitute grounds to take
enforcement actions, including issuance of a notice of violation and
issuance of an administrative citation and penalty by the county enforcement
official. The procedures set forth below shall govern enforcement
actions taken to enforce this chapter and any rule or regulation adopted
pursuant to this chapter, except as otherwise indicated herein.
2.
Other
remedies allowed by law may be used, including civil action or prosecution
as misdemeanor or infraction. The county may pursue civil actions
in the California courts to seek recovery of unpaid administrative
citations. The county 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
county staff and resources.
B.
Responsible Entity for Enforcement. Enforcement pursuant to this chapter may be undertaken by the county enforcement official, as defined in Section 9.06.030 above.
C.
Enforcement
Procedures.
1.
Notice
of Violation.
a.
The county enforcement official will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 9.06.130 establishes the county's right to conduct inspections and investigations.
b.
For a violation based on prohibited container contaminants, the county
enforcement official will issue a notice of violation to any generator
via a cart tag or other communication immediately upon identification
of the prohibited container contaminants or within seven days after
determining that a violation has occurred. If the county enforcement
official observes prohibited container contaminants in a generator's
containers on more than two consecutive occasions, the county may
assess contamination processing fees and/or contamination penalties
on the generator.
c.
For any violation of this chapter other than prohibited container
contaminants, the county enforcement official shall issue a notice
of violation requiring compliance within 60 days of issuance of the
notice, which shall contain:
i.
The name(s), or account name(s) if different, of each person or entity
to whom it is directed;
ii.
A factual description of the violations of this chapter, including
the regulatory section(s) being violated;
iii.
A compliance date by which the operator is to take specified action(s);
and
iv.
The penalty for not complying within the specified compliance date.
d.
The county enforcement official 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:
2.
Administrative
Citation and Penalty.
a.
Absent compliance by the respondent within the deadline set forth
in the notice of violation or within any extended deadline approved
by the county enforcement official, the county enforcement official
shall commence an action to impose penalties, via an administrative
citation and fine, which shall contain:
i.
The name(s), or account name(s) if different, of each person or entity
to whom it is directed;
ii.
A factual description of the violations of this chapter, including
the regulatory section(s) being violated;
iii.
The date on which a notice of violation was issued and the compliance
date by which the operator was to take specified action(s);
iv.
The penalty amount for not complying within the specified compliance
date; and
v.
A statement that the penalty shall be paid within 30 days of service
of the citation on the respondent.
b.
Penalty Amounts for Types of Violations.
i.
For a first violation, the amount of the base penalty shall be $50
per violation.
ii.
For a second violation within a one-year period, the amount of the
base penalty shall be $100 per violation.
iii.
For a third or subsequent violation within a one-year period, the
amount of the base penalty shall be $250 per violation.
3.
Service
of Notice and Administrative Citation.
a.
All notices, citations, or other enforcement-related correspondence
shall be personally served or sent by United States mail to the property
owner at the owner's address of record as it appears on the last equalized
assessment roll, 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. Posting of notice at the dwelling or commercial
property may be used as a second method of providing notice, as needed,
but shall not be used instead of either personal service or service
by mail.
b.
The date of service is deemed to be the date of deposit in the mail,
personal delivery, or posting, as applicable.
D.
Appeals
Process.
1.
Persons
receiving an administrative citation containing a penalty for an uncorrected
violation may request a hearing to appeal the citation. Any such administrative
appeal shall be commenced by filing a written request for a hearing
within 10 days of service of the citation. The written request shall
include a statement of all facts supporting the appeal, and shall
be filed with either the county department of public works or the
county community and economic development department, as stated in
the administrative citation. The time requirement for filing such
a written request shall be deemed jurisdictional and may not be waived.
In the absence of a timely filed written request that complies fully
with the requirements of this section, the administrative citation
and penalty shall become final and conclusive on the eleventh (11th)
day following service of the administrative citation.
2.
The
county shall schedule a hearing within 30 days of receipt of a request
for hearing that complies with the requirements of this section. The
hearing shall be held within 90 days of the scheduling date before
a hearing officer, who shall be the county director of public works,
director of community and economic development, or their authorized
deputies. The individual serving as hearing officer shall have had
no direct involvement in the enforcement action that is the subject
of the appeal. If the respondent(s) waive(s) the right to a hearing,
the administrative citation and penalty shall become final and conclusive.
3.
Any
hearing conducted pursuant to this chapter need not be conducted according
to technical rules of evidence. Any relevant sworn evidence shall
be admitted if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious affairs, regardless
of the existence of any common law or statutory rule which might make
improper the admission of the evidence over objection in civil actions.
The hearing officer has discretion to exclude evidence if its probative
value is substantially outweighed by the probability that its admission
will necessitate undue consumption of time.
4.
The
hearing officer shall issue a written decision within 60 days of the
conclusion of the hearing. The written decision shall be final and
conclusive. If the decision is to uphold the administrative citation
and penalty, payment shall be due within 30 days of service of the
written decision.
5.
Failure
to comply with the administrative appeals process described herein
shall constitute a failure to exhaust administrative remedies and
shall preclude the respondent from instituting any further legal proceedings
in relation to the contested administrative citation and penalty.
E.
Education
Period for Noncompliance. Beginning January 1, 2023 and through December
31, 2023, the county will conduct inspections, route reviews or waste
evaluations, and compliance reviews, depending upon the type of regulated
entity, to determine compliance, and if county 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, 2023, and that violations
may be subject to administrative civil penalties starting on January
1, 2024.
F.
Civil
Penalties for Noncompliance. Beginning January 1, 2024, if the county
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 and take
enforcement action pursuant to this section, as needed.
(Ord. 2015 § 1, 2022)
B.
The requirement in code Section 9.06.120(A) to "comply with the County's Recovered Organic Waste Product procurement policy" is suspended until compliance is required by subsequent ordinance.
(Ord. 2028 § 1, 2023)
