This Chapter is adopted in accordance with Article XI, Section 7 of the California Constitution and Public Resources Code Section 40059 to protect public health, safety and well-being, to control the spread of vectors, and to limit sources of air pollution, noise and traffic within the City. This Chapter is adopted to supplement and implement the legal requirements of AB 939 and, in particular, the SB 1383 Regulations.
(Ord. 1411 § 1, 11/22/21)
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Chapter. Words and phrases not given a meaning by this Chapter have the meaning set forth in the Act and the regulations promulgated to implement the Act, if defined therein, and if not, to the definitions found in RCRA and the regulations promulgated to implement RCRA, as amended, or in this Code (see, e.g., chapters 13.24 and 15.44). References to an undesignated regulation are to Title 14 of the California Code of Regulations.
"AB 939" or "Act"
means the California Integrated Waste Management Act of 1989 codified in part at Public Resources Code, Sections 40000 et seq., as amended.
"City Enforcement Official"
means the City Manager, or designee.
"Commercial business" or "commercial"
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 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.
"Commercial edible food generator"
includes a tier one or a tier two commercial edible food generator as defined in this Chapter or as otherwise defined in 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 Section 18982(a)(7).
"Community composting"
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 Section 17855(a)(4) or as otherwise defined by Section 18982.
"Compliance review"
means a review of records by the city to determine compliance with this Chapter.
"Compost"
has the same meaning as in Section 17896.2(a)(4), which stated, as of the effective date of this Chapter, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
"Compostable plastics" or "compostable plastic"
means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in Section 18984.1 or 18984.2.
"Designee"
means the person designated by the City Manager pursuant to Section 18981.2(b).
"Edible food"
means food intended for human consumption, or as otherwise defined in Section 18982(a)(18). For purposes of this Chapter or as otherwise defined in Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this Chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
"Food recovery"
means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in Section 18982(a)(24).
"Food waste"
means food scraps, food-soiled paper, and compostable plastics.
"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 Sections 18984.1(a) and (b), or as otherwise defined in Section 17402(a)(6.5).
"Green container"
has the same meaning as in Section 18982(a)(29) and will be used for the purpose of storage and collection of source separated green container organic waste.
"Multi-family residential dwelling" or "multi-family"
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.
"RCRA"
means the Resource Conservation and Recovery Act as set forth at 42 U.S.C. Section 6901, et seq., as amended.
"SB 1383"
means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Health and Safety Code Sections 39730.5, 39730.6, 39730.7, and 39730.8 and added Public Resources Code Chapter 13.1 (commencing with Section 42652), 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.
"SB 1383 Regulations" or "SB 1383 Regulatory"
means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations found at Titles 14 (Chapter 12) and 27 of the California Code of Regulations.
"Single-family"
means of, from, or pertaining to any residential premises with fewer than five units.
"Source separated green container organic waste"
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.
"Source separated recyclable materials"
means source separated non-organic recyclables and source separated blue container organic waste.
(Ord. 1411 § 1, 11/22/21)
Except as otherwise provided for self-haulers, single-family organic waste generators must:
A. 
Subscribe to organic waste collection services for all generated organic waste. City may 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. Single-family generators must adjust their collection service level as directed by the City to maintain a level of service that is consistent with the purpose of this Chapter. Generators must 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 Section 18984.9(c).
B. 
Participate in the organic waste collection service by placing designated materials in designated containers as described below. It is unlawful to place prohibited container contaminants in collection containers.
C. 
Generators must:
1. 
Place source separated green container organic waste, including food waste, in the green container;
2. 
Place source separated recyclable materials in the blue container; and
3. 
Place gray container waste in the gray container.
D. 
It is unlawful for generators to place materials designated for the gray container into the green container or blue container.
(Ord. 1411 § 1, 11/22/21)
A. 
Except as provided for self-haulers, all generators that are commercial businesses or multi-family residential dwellings must subscribe to City's three container collection services and comply with requirements of those services as described below.
B. 
The City may 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.
C. 
Commercial businesses and multi-family residential dwellings must adjust their collection service level as directed by the City to maintain a level of service that is consistent with the purpose of this Chapter and to avoid adverse impacts to public health, safety or welfare.
D. 
Commercial businesses and multi-family residential dwellings must participate in the City's organic waste collection service by placing designated materials in designated containers as follows:
1. 
Place source separated green container organic waste, including food waste, in the green container;
2. 
Place source separated recyclable materials in the blue container; and
3. 
Place gray container waste in the gray container. Generators must not place materials designated for the gray container into the green container or blue container.
E. 
Commercial businesses and multi-family residential dwellings must supply, and allow, employees, contractors, tenants, and customers unfettered access to collection containers of adequate number and size, consistent with City'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. All collection containers must be labeled or colored as set forth below.
F. 
Commercial businesses and multi-family residential dwellings must 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 to deposit 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.
G. 
Pursuant to Section 18984.9(b), the containers provided by the business must have either:
1. 
A body or lid that conforms with the container colors provided through the collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased before January 1, 2022, that do not comply with the requirements of this subsection before the end of the useful life of those containers, or before 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 Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
H. 
Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirements pursuant to Section 18984.9(b).
I. 
Commercial businesses must, to the extent practicable, prohibit employees from placing materials in a container not designated for those materials per the City's blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program.
J. 
Commercial businesses must 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 Section 18984.9(b)(3).
K. 
Commercial businesses must 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.
L. 
Commercial businesses must 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.
M. 
Commercial businesses must provide or arrange access for City or designee to their properties during all inspections conducted in accordance with this Chapter to confirm compliance with the requirements of this Chapter.
N. 
If a commercial business wants to self-haul, it must meet the self-hauler requirements in this Chapter.
O. 
Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to Section 18984.9(c).
P. 
Commercial businesses that are tier one or tier two commercial edible food generators must comply with food recovery requirements.
(Ord. 1411 § 1, 11/22/21)
A. 
The City 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 below.
B. 
Commercial businesses requesting a de minimis waiver must submit an application specifying the services that they are requesting a de minimis waiver for and provide the following documentation:
1. 
The commercial business's total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business' total waste; or
2. 
The commercial business's total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per applicable container of the business's total waste.
C. 
Notify the City if circumstances change such that commercial business's organic waste exceeds the threshold required for de minimis waiver, in which case the waiver will be rescinded.
D. 
Acknowledge that if the City obtains information at any time that the commercial business is exceeding the organic waste thresholds for the de minimis waiver, that the City will rescind waiver.
E. 
At least every five years after receiving a de minimis waiver, allow the City to conduct an inspection for the purpose of verifying continued eligibility for the de minimis waiver.
(Ord. 1411 § 1, 11/22/21)
A. 
The City may waive a commercial business's or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the organic waste collection service requirements of this Code if the commercial business or property owner provides documentation, or the City obtains evidence, from a hauler, California licensed architect, or California licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with this Chapter.
B. 
A commercial business or property owner must request a physical space waiver through the following process:
1. 
Submit an application form specifying the type(s) of collection services for which a waiver is requested.
2. 
Provide documentation that the premises lacks adequate space.
3. 
If City grants a waiver, allow access by a designee to verify the ongoing need for a waiver.
(Ord. 1411 § 1, 11/22/21)
A. 
Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024.
B. 
Large venue or large event operators not providing food services, but allowing for food to be provided by others, must 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 must:
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. 
Allow City Enforcement Officials, upon reasonable notice, to access the premises and review records pursuant to Section 18991.4.
D. 
Additionally, commercial edible food generators must keep, for a minimum period of five years, records that includes the documentation, contacts, and such additional information needed to comply with Section 18991.3(b) on forms provided by the City or designee.
E. 
Not later than March 31st of each year commencing no later than February 1, 2023 for tier one commercial edible food generators and February 1, 2025 for tier two commercial edible food generator, provide an annual food recovery report to the City that includes the following information:
1. 
A copy of all contracts or written agreements established under Section 18991.3(b).
2. 
The quantity of food, measured in annual pounds recovered, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
3. 
The name, address and contact information of the food recovery service or food recovery organization.
F. 
Nothing in this Chapter will 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.
(Ord. 1411 § 1, 11/22/21)
A. 
A food recovery service that has established a contract or written agreement to collect or receive edible food directly from commercial edible food generators must keep, for a minimum period of five years, records that includes the documentation, contacts, and such additional information needed to comply with Section 18991.5 on forms provided by the City or designee.
B. 
No later than March 31st of each year, commencing March 31, 2023 food recovery organizations and food recovery services that have their primary address physically located in the City and contract with or have written agreements with one or more commercial edible food generators pursuant to Section 18991.3(b) must report to the City the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to Section 18991.3(b).
C. 
In order to support edible food recovery capacity planning assessments or other studies conducted by the City food recovery services and food recovery organizations operating in the City must provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City must respond to such request for information within 60 days unless a shorter timeframe is otherwise specified by the City.
(Ord. 1411 § 1, 11/22/21)
A. 
An exclusive franchised hauler providing residential, commercial, or industrial organic waste collection services to generators within the City's boundaries must meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect organic waste:
1. 
Through written notice to the City annually on or before March 15th, 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. 
Transport source separated recyclable materials, source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste.
3. 
Obtain approval from the City to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with Section 18989.1 or other applicable law including this Code.
B. 
Owners of facilities, operations, and activities that recover organic waste, including, without limitation, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works must, upon City request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City must respond within 60 days after a request is sent by the City.
C. 
Community Composting operators, upon City request, will provide information to the City to support organic waste capacity planning, including, without limitation, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City must respond within 60 days after a request is sent by the City.
(Ord. 1411 § 1, 11/22/21)
A. 
Self-haulers must source separate all recyclable materials and organic waste (materials that City otherwise requires generators to separate for collection in the City's organics and recycling collection program) generated on site from solid waste in a manner consistent with Sections 18984.1 and 18984.2, or must haul organic waste to a high diversion organic waste processing facility as required by Section 18984.3.
B. 
Self-haulers must haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste.
C. 
Self-haulers must 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; these records must be kept for a minimum of five years and are subject to inspection by the City upon request. The records must 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 must keep a record of the entities that received the organic waste.
D. 
Except for a residential organic waste generator that self-hauls organic waste, self-haulers that are commercial businesses (including multi-family self-haulers) must provide any information required by City within 60 days after City sends the request.
(Ord. 1411 § 1, 11/22/21)
A. 
The City's direct service providers must comply with the City's recovered organic waste product and recycled-content paper procurement policy.
B. 
All vendors providing paper products and printing and writing paper must:
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 or at a total cost of no more than 10% of the total cost for 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 (January 1, 2013).
3. 
Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
4. 
Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (January 1, 2013).
5. 
Provide records to the City's recovered organic waste product procurement recordkeeping designee, in accordance with the City'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 City. Records must include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required by this Chapter for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.
(Ord. 1411 § 1, 11/22/21)
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.
(Ord. 1411 § 1, 11/22/21)
Subject to the requirements of Section 18995.4 including, without limitation, the need for a 60 day compliance period after issuing a notice of violation, the City may enforce this Chapter in accordance with applicable law including, without limitation, Chapters 1.08, 1.12, and 1.14.
(Ord. 1411 § 1, 11/22/21)