For the purposes of this chapter, the following words, terms,
phrases, and their derivations have the meanings given herein. Terms
not defined in this section and defined elsewhere in this code shall
have the same meanings herein unless the context otherwise requires.
When consistent with the context, words used in the present tense
include the future tense, and words in the singular number include
the plural number. In the event of a conflict between a definition
in this code and a definition in 14 CCR Section 18982, the definitions
in Section 18982 shall control for the purposes of this chapter. Additionally,
for the purposes of this chapter, the definitions in 14 CCR Section
18982 shall control for terms used in this chapter and not defined
in this code. Unless otherwise specified herein, references to a statute
or regulation means the statute or regulation, as amended, supplemented,
superseded, and replaced from time to time.
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).
has the same meaning as in 14 CCR Section 18982(a)(28) and
shall be used only for the purpose of storage and collection of black
container waste. Notwithstanding the foregoing, functional containers
purchased prior to January 1, 2022 that are used for the storage and
collection of black container waste and that do not comply with the
color requirements of 14 CCR Section 18982(a)(28) shall be deemed
to be black containers and are not required to be replaced until the
end of the useful life of those containers or January 1, 2036, whichever
is earlier.
means solid waste that is collected in a black container
that is part of the city's three-container organic waste collection
service that prohibits the placement of organic waste in the black
container as specified in 14 CCR Sections 18984.1(a) and (b); or,
as otherwise defined in 14 CCR Section 17402(a)(6.5). Notwithstanding
the preceding sentence, black container waste includes carpets and
textiles.
has the same meaning as in 14 CCR Section 18982(a)(5) and
shall be used only for the purpose of storage and collection of source
separated recyclable materials. Notwithstanding the foregoing, functional
containers purchased prior to January 1, 2022 that are used for the
storage and collection of source separated recyclable materials and
that do not comply with the color requirements of 14 CCR Section 18982(a)(5)
shall be deemed to be blue containers and are not required to be replaced
until the end of the useful life of those containers or January 1,
2036, whichever is earlier.
has the same meaning as in 14 CCR Section 18982(a)(5.5) and
shall be used only for the purpose of storage and collection of source
separated food waste. Notwithstanding the foregoing, functional containers
purchased prior to January 1, 2022 that are used for the storage and
collection of source separated food waste and that do not comply with
the color requirements of 14 CCR Section 18982(a)(5.5) shall be deemed
to be brown containers and are not required to be replaced until the
end of the useful life of those containers or January 1, 2036, whichever
is earlier.
means the California Department of Resources Recycling and
Recovery, which is the Department designated with responsibility for
developing, implementing, and enforcing SB 1383 Regulations on the
city (and others).
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 the CCR).
means the City of Rancho Cucamonga.
means the city manager of the city or his/her designee.
means an agreement approved by the city council pursuant to Section 8.17.040 of this code, authorizing a solid waste enterprise to provide solid waste and recyclables collection services within all or any part of the territory of the city.
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 dwelling 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. 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 onsite
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
in 14 CCR Section 18982(a)(8).
means the product resulting from the controlled biological
decomposition of organic solid wastes that are source separated from
the municipal solid waste stream, as specified in 14 CCR Section 17896.2(a)(4).
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 San Bernardino.
means discarded or used materials removed from construction, remodeling, repair, demolition, or renovation operations on any pavement, house, commercial building, or other structure, or from landscaping; or, as otherwise defined in Section 8.19.020 of this code.
means an entity that the city contracts with or otherwise
arranges to carry out any of the city's responsibilities of this chapter
as authorized in 14 CCR Section 18981.2; or, as otherwise defined
in 14 CCR Section 18982(a)(15). 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 State Retail Food Code.
means an action of the city to address noncompliance with
this chapter including, but not limited to, issuing administrative
citations, fines, penalties, or using other remedies; or, as otherwise
defined in 14 CCR Section 18982(a)(19).
means the city manager or the city's authorized designee(s)
who is/are partially or wholly responsible for enforcing this chapter.
means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious,
regulated radioactive waste, and toxic substances or material that
facility operator(s), which receive materials from the city and its
generators, reasonably believe(s) would, as a result of or upon acceptance,
transfer, processing, or disposal, be a violation of local, state,
or federal law, regulation, or ordinance, including: land use restrictions
or conditions, waste that cannot be disposed of in Class III landfills
or accepted at the facility by permit conditions, waste that in the
city's enforcement official'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 city, or its designee,
to potential liability; but not including de minimis volumes or concentrations
of waste of a type and amount normally found in single-family or 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 State 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 State 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).
unless otherwise defined in 14 CCR Section 18982(a)(25),
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, including, but not limited to:
A food bank as defined in Section 113783 of the State Health
and Safety Code;
A nonprofit charitable organization as defined in Section 113841
of the State Health and Safety code; and
A nonprofit charitable temporary food facility as defined in
Section 113842 of the State 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, bones, rice, beans, pasta, bread,
cheese, and eggshells. Food scraps excludes fats, oils, grease, and
liquids, including, but not limited to, broth and beverages, 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).
means 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 but does not include food soiled paper
or compostable plastics unless otherwise specified by the city.
means a person or entity that is responsible for the initial
creation of solid waste, and with respect to organic waste, 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).
has the same meaning as in 14 CCR Section 18982(a)(29) and
shall be used only for the purpose of storage and collection of source
separated green container organic waste. Notwithstanding the foregoing,
functional containers purchased prior to January 1, 2022 that are
used for the storage and collection of source separated green container
organic waste and that do not comply with the color requirements of
14 CCR Section 18982(a)(29) shall be deemed to be green containers
and are not required to be replaced until the end of the useful life
of those containers or January 1, 2036, whichever is earlier.
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).
route means the designated itinerary or sequence of stops
for each segment of the city's collection service area; or, as otherwise
defined in 14 CCR Section 18982(a)(31.5).
means a facility that is in compliance with the reporting
requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
annual average mixed waste organic content recovery rate of 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 city or its designee 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 tree and shrubbery trimmings, vegetation from land
clearing, grass cuttings, leaves, garden organic materials, sawdust,
straw, wood chips, and other discarded plant or vegetation material.
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; or, as otherwise defined in 14 CCR Section 18982(a)(38).
unless otherwise defined in 14 CCR Section 18982(a)(39),
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.
means a school district, charter school, or county office
of education that is not subject to the control of the city's regulations
related to solid waste; or, as otherwise defined in 14 CCR Section
18982(a)(40).
means of, from, or pertaining to residential premises with
five or more dwelling units. Multi-family premises do not include
hotels, motels, or other transient occupancy facilities, which are
considered commercial businesses.
refers to the Model Water Efficient Landscape Ordinance,
23 CCR, Division 2, Chapter 2.7.
includes, but is not limited to, paper that is coated in
a plastic material that will not breakdown in the composting process;
or, as otherwise defined in 14 CCR Section 18982(a)(41).
means the following entities that are not subject to the
city's enforcement authority; or, as otherwise defined in 14 CCR Section
18982(a)(42):
Special district(s) located within the jurisdictional boundaries
of the city;
Federal facilities, including military installations, located
within the jurisdictional boundaries of the city;
Prison(s) located within the jurisdictional boundaries of the
city;
Facilities operated by the state park system located within
the jurisdictional boundaries of the city;
Public universities (including community colleges) located within
the jurisdictional boundaries of the city;
County fairgrounds located within the jurisdictional boundaries
of the city; and
State agencies located within the jurisdictional boundaries
of the city.
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 waste 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).
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).
unless otherwise defined in 14 CCR Section 18982(a)(55),
means the following:
Discarded materials placed in the blue container that are not
identified by the city as acceptable source separated recyclable materials
for the blue container;
Discarded materials placed in the brown container that are not
identified as acceptable food waste for the city's brown container;
Discarded materials placed in the green container that are not
identified by the city as acceptable source separated green container
organic waste for the green container, including carpet, hazardous
wood waste and non-compostable paper;
Discarded materials placed in the black container that are identified
by the city as acceptable source separated recyclable materials to
be placed in the blue container or source separated green container
organic waste to be placed in the city's green container; and
Excluded waste placed in any container.
means paper products and printing and writing papers that
consist of at least 30%, by fiber weight, postconsumer fiber; or,
as otherwise defined in 14 CCR Section 18982(a)(61).
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 Senate Bill 1383 of 2016 approved by the Governor of
the State on September 19, 2016, which added Sections 39730.5, 39730.6,
39730.7, and 39730.8 to the State Health and Safety Code, and added
Chapter 13.1 (commencing with Section 42652) to Part 3 of Division
30 of the State Public Resources Code, establishing methane emissions
reduction targets in a statewide effort to reduce emissions of short-lived
climate pollutants.
means a person or entity, who, in compliance with all applicable
requirements of this code, hauls solid waste, organic waste or recyclable
materials he or she has generated to another person or entity; or,
as otherwise defined in 14 CCR Section 18982(a)(66). self-hauler also
includes a person or entity who backhauls waste.
means of, from, or pertaining to any residential premises
with fewer than five units.
unless otherwise defined in State Public Resources Code Section
40191, means 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 Radiation Control
Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division
104 of the State Health and Safety Code); and
Medical waste regulated pursuant to the 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, at the point
of generation, 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 black container waste or other solid
waste for the purposes of collection and processing of those materials.
means source separated organic waste that can be placed in
a blue container that is limited to the collection of that organic
waste and non-organic recyclables. source separated blue container
organic waste includes paper products, printing and writing papers,
unless otherwise specified by the city, but excludes source separated
green container organic waste and food waste.
means source separated organic waste that can be placed in
a green container that is limited to the collection of that organic
waste; or as otherwise specified in 14 CCR 18984.1 (a) and (b), excluding
source separated blue container organic waste, carpets, non-compostable
paper, and textiles. For purposes of single-family generators, source
separated green container organic waste includes food waste. For purposes
of commercial businesses, including multi-family residential dwellings,
source separated green container organic waste excludes food waste.
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 $2,000,000, 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; or, as otherwise defined in 14 CCR Section 18982(a)(73):
means a commercial edible food generator that is one of the
following; or, as otherwise defined in 14 CCR Section 18982(a)(73):
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;
or
A local education agency facility with an on-site food facility.
means the seasonal collection of landscape waste that is
bundled for collection on the street in front of a generator's house
for collection and transport by a permitted hauler 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. No. 989 § 2, 2021)
Organic waste generators, haulers and other entities that are
subject to the requirements of SB 1383 and the SB 1383 Regulations
and the city's authority shall fully comply with all applicable requirements
of SB 1383, the SB 1383 Regulations, this chapter, and the provisions
of any collection agreement between the city and a franchised hauler
in effect. In the event of a conflict between the provisions of this
chapter and other provisions of this code, the provisions of this
chapter shall control. In the event of a conflict between the provisions
of the SB 1383 Regulations and the provisions of this chapter, the
SB 1383 regulations shall control.
(Ord. No. 989 § 2, 2021)
Single-family organic waste generators shall comply with the following requirements, except single-family generators that meet the self-hauler requirements of this code, including section 8.17.050 and section 8.15.090:
A.
Subscribe to the city's three-container organic waste collection service(s) for all organic waste generated as described in subsection B of this section. The city shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust their service level for their collection services as requested by the city. Nothing in this section prohibits generators from additionally managing their organic waste by preventing or reducing their organic waste, managing organic waste on site, using the city's uncontainerized service, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
B.
Participate
in the city's organic waste collection service(s) by placing designated
materials in designated containers as described in this subsection,
and not placing prohibited container contaminants in collection containers.
Generators shall place source separated green container organic waste,
including food waste, in the green container; source separated recyclable
materials (which includes source separated non-organic recyclables
and source separated blue container waste) in the blue container;
and black container waste in the black container. Generators shall
not place materials designated for the black container into the green
container or blue container.
(Ord. No. 989 § 2, 2021)
Commercial organic waste generators and commercial businesses
shall comply with the following requirements:
A.
Except for commercial organic waste generators that meet the self-hauler requirements of section 8.17.050 and section 8.15.090, commercial organic waste generators, including multi-family residential dwellings, shall subscribe to the city's four-container organic waste collection service(s) and comply with requirements of those service(s) as described below in subsection B of this section. The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the city. Nothing in this section prohibits generators from additionally managing 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.
Except
for commercial organic waste generators that meet the self-hauler
requirements of this code, commercial organic waste generators, including
multi-family residential dwellings, shall participate in the city's
organic waste collection service(s) by placing designated materials
in designated containers as described in this subsection, and not
placing prohibited container contaminants in containers. Generators
shall place food waste in brown container; source separated green
container organic waste, which excludes food waste, in the green container;
source separated recyclable materials (which includes source separated
non-organic recyclables and source separated blue container waste)
in the blue container; and black container waste in the black container.
Generators shall not place materials designated for the black container
into the brown container, green container, or blue container.
C.
Commercial
organic waste generators, except for multi-family residential dwellings,
shall provide containers for the collection of organic waste and non-organic
recyclables in all indoor and outdoor areas where disposal containers
are provided for customers. Such containers shall be visible and easily
accessible. 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 organic waste collection service provided by the city. 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 this 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; or as otherwise provided in 14 CCR Section
18984.8.
D.
Commercial
organic waste generators, including multi-family residential dwellings,
shall supply and allow access to adequate number, size and location
of collection containers with sufficient labels or colors (conforming
to subsections C.1 and C.2 above) for employees, contractors, tenants,
and customers, consistent with the city's collection service and Article
3 of Chapter 12 of Division 7 of Title 14 of the CCR.
E.
Commercial
organic waste generators, except for multi-family residential dwellings,
shall prohibit employees from placing materials in a container not
designated for those materials per the city's blue container, brown
container, green container, and black container collection service.
F.
Commercial
organic waste generators, except for multi-family residential dwellings,
shall periodically inspect blue containers, brown containers, green
containers, and black 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).
G.
Commercial
businesses, including multi-family residential dwellings, shall annually
provide information to employees, contractors, tenants, and customers
about organic waste recovery requirements and about proper sorting
of food waste, source separated green container organic waste and
source separated recyclable materials.
H.
Commercial businesses, including multi-family residential dwellings, shall provide information as described in subsection G of this section before or within 14 days of occupation of the premises to new tenants.
I.
Commercial businesses, including multi-family residential dwellings, shall provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with section 8.15.130 to confirm compliance with the requirements of this section.
K.
Commercial
organic waste generators, including multi-family residential dwellings,
if generating two cubic yards or more of total solid waste per week
(or other threshold defined by the state), shall require that any
contract or work agreement between the owner, occupant, or operator
of the commercial business and a gardening, landscaping, or tree trimming
service specify that the organic waste generated by those services
be managed in compliance with Chapter 12, Part 3, Division 30 of the
Public Resources Code.
L.
Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to section 8.15.060.
M.
Nothing
in this section shall be construed as classifying customers as commercial,
residential, single family dwellings, or multi-family dwellings, for
purposes of implementing a collection agreement between the city and
a franchised hauler.
(Ord. No. 989 § 2, 2021)
The city, at its discretion and in accordance with 14 CCR Section
18984.11, or as otherwise authorized by CALRecycle, may grant one
or more of the following types of waivers to a generator of organic
waste:
A.
De minimis waivers. The city may waive a commercial business' (including multi-family residential dwellings) obligations to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation, or the city has evidence demonstrating, that the commercial business generates below a certain amount of organic waste material as described below in subsection (A)(2) 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' total solid waste collection service is
two cubic yards or more per week and organic waste subject to collection
in a blue container, brown container or green container comprises
less than 20 gallons per week per applicable container of the business'
total waste; or
b.
The commercial business' total solid waste collection service is
less than two cubic yards per week and organic waste subject to collection
in a blue container, brown container or green container comprises
less than 10 gallons per week per applicable container of the business'
total waste.
3.
Notify the city if circumstances change such that the commercial business' organic waste exceeds the threshold required for waiver, in which case the waiver will be rescinded. In addition, if the city determines at any time that a commercial business that has received a waiver is exceeding the organic waste thresholds set forth in subsection (A)(2) above, the city shall rescind the waiver.
4.
Provide
written verification of eligibility for a de minimis waiver every
five years, if the city has approved a de minimis waiver.
B.
Physical
space waivers. The city may waive a commercial business' (including
multi-family residential dwellings) or property owner's obligations
to comply with some or all of the organic waste collection service
requirements of this chapter if the city 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 this chapter. Commercial businesses or property owners requesting
a physical space waiver shall:
1.
Submit
an application form specifying the type(s) of collection services
for which they are requesting a compliance waiver and provide documentation
as noted below.
2.
Provide
documentation that the premises lack adequate space for blue containers,
brown, and/or green containers including documentation from its hauler,
licensed architect, or licensed engineer.
3.
Notify the city if circumstances change such that commercial business has adequate space for the collection containers required for compliance with the organic waste collection requirements of section 8.15.040, in which case the waiver will be rescinded. In addition, if the city determines at any time that a commercial business that has adequate space for the collection containers required for compliance with the organic waste collection requirements of section 8.15.040, the city shall rescind the waiver.
4.
Provide
written verification to the city that it is still eligible for a physical
space waiver every five years, if the city has approved an application
for a physical space waiver.
C.
The
enforcement official will be responsible for review and approval of
waivers.
(Ord. No. 989 § 2, 2021)
A.
Tier
one commercial edible food generators must comply with the requirements
of this section, and tier two commercial edible food generators must
comply with the requirements of this section 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:
3.
Shall
not intentionally spoil edible food that is capable of being recovered
by a food recovery organization or a food recovery service.
4.
Allow
the city's designated enforcement entity or designated third party
enforcement entity to access the premises and review records kept
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 food recovery 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.
D.
If the
enforcement official makes a request, then within 30 days of the request,
tier one commercial edible foods generators and tier two commercial
edible food generators shall provide a food recovery report to the
city that includes the following information:
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;
4.
Any
additional information required by the city or the city's designee.
E.
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 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 State Education Code, and amended Section 114079 of the State Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time.)
(Ord. No. 989 § 2, 2021)
A.
Food
recovery services collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following
records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1.
The
name, address, and contact information for each commercial edible
food generator from which the service collects edible food;
2.
The
quantity in pounds of edible food collected from each commercial edible
food generator per month;
3.
The
quantity in pounds of edible food transported to each food recovery
organization per month;
4.
The
name, address, and contact information for each food recovery organization
that the food recovery service transports edible food to for food
recovery.
B.
Food
recovery organizations collecting or receiving edible food directly
from commercial edible food generators, via a contract or written
agreement established under 14 CCR Section 18991.3(b), shall maintain
the following records, or as otherwise specified by 14 CCR Section
18991.5(a)(2):
1.
The
name, address, and contact information for each commercial edible
food generator from which the organization receives edible food;
2.
The
quantity in pounds of edible food received from each commercial edible
food generator per month;
3.
The
name, address, and contact information for each food recovery Service
that the organization receives edible food from for food recovery.
C.
If the
enforcement official makes a request, then within 30 days of the request,
food recovery organizations and food recovery services that have their
primary address physically located in the city and contract with or
have written agreements with one or more commercial edible food generators
pursuant to 14 CCR Section 18991.3(b) shall report to the city the
total pounds of edible food recovered in the previous calendar year
from the tier one and tier two commercial edible food generators they
have established a contract or written agreement with pursuant to
14 CCR Section 18991.3(b).
D.
Food
recovery organizations and food recovery services shall inform generators
about state 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).
E.
Food
recovery capacity planning—Food recovery services and food recovery
organizations. In order to support the city's cooperation with the
County of San Bernardino in its conduct of edible food recovery capacity
planning assessments or other studies, food recovery services and
food recovery organizations operating in the city shall provide information
and consultation to the city, upon request, regarding existing, or
proposed new or expanded, food recovery capacity that could be accessed
by the city and its commercial edible food generators. A food recovery
service or food recovery organization contacted by the city shall
respond to such request for information within 60 days, unless a shorter
timeframe is otherwise specified by the city.
(Ord. No. 989 § 2, 2021)
A.
Requirements
for haulers. Haulers providing residential, commercial, or industrial
organic waste collection services to generators within the city's
boundaries shall meet the requirements and standards of 14 CCR, Division
7, Chapter 12 and the following requirements as conditions of approval
of contract, agreement, or other authorization to collect organic
waste:
B.
Subsection A of this section is not applicable to a hauler that, consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the State Public Resources Code, is transporting source separated organic waste to a community composting site or to a hauler that is lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Chapter 8.19 of this code and other applicable requirements of this code.
C.
Requirements
for facility operators and community composting operations.
1.
Owners
of facilities, operations, and activities that recover organic waste,
including, but not limited to, compost facilities, in-vessel digestion
facilities, and publicly-owned treatment works shall, upon the city's
request, provide information regarding available and potential new
or expanded capacity at their facilities, operations, and activities,
including information about throughput and permitted capacity necessary
for planning purposes. Entities contacted by the city shall respond
within 60 days, unless a shorter timeframe is otherwise specified
by the city.
2.
Community
composting operators, upon the city's request, shall provide information
to the city to support organic waste capacity planning, including,
but not limited to, an estimate of the amount of organic waste anticipated
to be handled at the community composting operation. Entities contacted
by the city shall respond within 60 days, unless a shorter timeframe
is otherwise specified by the city.
(Ord. No. 989 § 2, 2021)
Notwithstanding any inconsistent provisions of this code and in addition to any other requirements for self-haulers as contained in this code, including the requirements in section 8.17.050 of this code, not inconsistent with the requirements of this article, the following requirements shall apply to self-haulers:
B.
Self-haulers
shall source separate all recyclable materials and organic waste (materials
that the city otherwise requires organic waste 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 14
CCR Section 18984.1, or shall haul organic waste to a high diversion
organic waste processing facility as specified in 14 CCR Section 18984.3
that is approved by the city.
C.
Not
less than every seven days utilizing their own equipment and labor,
self-haulers shall haul their source separated recyclable materials
to a facility that recovers those materials and is approved by the
city; and haul their source separated organic waste to a solid waste
facility, operation, activity, or property that processes or recovers
source separated organic waste and is approved by the city. Alternatively,
self-haulers may haul organic waste, not less than every seven days
utilizing their own equipment and labor, to a high diversion organic
waste processing facility that is approved by the city.
D.
In addition to any information required to be reported by Section 8.17.050, 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 that includes the information in subsection D.1. through 3. This record shall be subject to inspection by the city, shall be provided to the city upon request and shall be included in the self-hauler report required under section 8.17.050.
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 a community composting site that does
not have scales on-site, the self-hauler is not required to record
the weight of material but shall keep a record of the entity that
received the organic waste.
(Ord. No. 989 § 2, 2021)
A.
In addition to the construction and demolition diversion requirements in chapter 8.19 and any other requirements of this code, the following requirements also apply:
1.
For
projects covered by the California Green Building Standards Code,
24 CCR, Part 11, the applicants must, as a condition of the city's
permit approval, comply with the following:
a.
Where five or more multi-family 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, brown container and green container
materials, consistent with the collection program offered by the city,
or comply with provision of adequate space for recycling for multi-family
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 July 1, 2019 and effective January 1, 2020.
b.
Where new commercial construction or additions of more than 30% of
the existing floor area occur, provide readily accessible areas identified
for the storage and collection of blue container, brown container
and green container materials, consistent with the collection program
offered by the city, or shall comply with provision of adequate space
for recycling for multi-family 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 July 1,
2019 and effective January 1, 2020.
(Ord. No. 989 § 2, 2021)
In addition to any other requirements of this code, property
owners or their building or landscape designers, including anyone
requiring a building or planning permit, plan check, or landscape
design review from the city, who are constructing a new (single-family,
multi-family, public, institutional, or commercial) project with a
landscape area greater than 500 square feet, or rehabilitating an
existing landscape with a total landscape area greater than 2,500
square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D),
and (G) of the MWELO, including sections related to use of compost
and mulch, as amended September 15, 2015.
(Ord. No. 989 § 2, 2021)
Direct service providers to the city and all vendors providing
paper products and printing and writing papers shall comply with the
city's policy regarding recovered organic waste product procurement,
including recycled-content paper procurement.
(Ord. No. 989 § 2, 2021)
A.
City
representatives and/or its designated entity, including designees,
are authorized to conduct inspections and investigations, at random
or otherwise, of any collection container, collection vehicle loads,
or transfer, processing, or disposal facility for materials collected
from generators, or source separated materials to confirm compliance
with this chapter 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 the city, its designees or agents to enter
the interior of a private residential property for inspection. For
the purposes of inspecting commercial business containers for compliance
with this chapter, the city may conduct container inspections for
prohibited container contaminants.
B.
A regulated
entity shall provide or arrange for access during all inspections
(with the exception of residential property interiors) and shall cooperate
with the city representative and/or its designated entity, including
designee, during such inspections and investigations. Such inspections
and investigations may include confirmation of proper placement of
materials in containers, edible food recovery activities, records,
or any other requirement of this chapter described herein. Failure
to provide or arrange for: (1) access to an entity's premises; or
(2) access to records for any inspection or investigation is a violation
of this chapter and may result in penalties described herein.
C.
Any
records obtained by the city during its inspections, and other investigations
or reviews shall be subject to the requirements and applicable disclosure
exemptions of the Public Records Act as set forth in State Government
Code Section 6250 et seq.
D.
The
city's representatives, its designees and agents are authorized to
conduct any inspections, or other investigations as reasonably necessary
to further the goals of this chapter, subject to applicable laws.
(Ord. No. 989 § 2, 2021)
A.
Violation of any provision of this chapter that occurs on or after January 1, 2024 shall constitute grounds for issuance of a notice of violation and assessment of a fine by the enforcement official in accordance with 14 CCR Section 18995.4. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The city's procedures on imposition of administrative fines set forth in Chapter 1.12 of this code 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. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The city may pursue civil actions in the State courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
B.
The provisions of subsection A of this section do not apply to violations related to a generator placing prohibited container contaminants in containers, which the enforcement official and/or the city's designee shall enforce through the notice provisions of 14 CCR Section 18984.5(b), Section 8.17.150 of this code and the contamination processing fees pursuant to the provisions of the applicable collection agreement between the city and a franchised hauler.
C.
Enforcement
pursuant to this chapter may be undertaken by the enforcement official.
D.
With the exception of violations of generator contamination of container contents addressed under subsection B of this section, the enforcement official shall issue a notice of violation requiring compliance within 60 days of issuance of the notice. Absent compliance by the respondent within the deadline set forth in the notice of violation, enforcement official shall commence an action to impose penalties consistent with the procedures and requirements of chapter 1.12.
E.
Penalty
amounts for types of violations. For the purposes of this chapter,
the penalty levels for violations of the provisions of this chapter
are as follows:
F.
Compliance
deadline extension considerations. The city may extend the compliance
deadlines set forth in a notice of violation if it finds that there
are extenuating circumstances beyond the control of the respondent
that make compliance within the deadlines impracticable, including
the following:
(Ord. No. 989 § 2, 2021)
