Prior history: Prior code §§ 1—3,
5—7, 16—21 and 25—32 and Ords. 5019, 5071, 5359,
5478, 5579, 5895 and 5933.
The following words and phrases, shall, for the purpose of this
chapter have the meanings respectively ascribed to them in this section
unless otherwise noted:
means the fee collected by the city from solid waste service
providers used to recover the costs of preparing, adopting and implementing
the city's integrated waste management plan developed pursuant
to the state of California's Integrated Waste Management Act
of 1989 (AB 939).
means the city's automated refuse, recycling, and/or
organics collection program provided exclusively by the city.
means a specially designed container capable of holding no
more than 100 gallons, which is typically emptied by an automated
side-loading collection vehicle.
means a container where either the lid or the body of the
container is blue in color. Blue container 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 only Source-Separated Recyclable Materials.
means solid waste that cannot or would not typically be accommodated
within a bin or cart because of its size or shape, including specifically:
furniture (including chairs, sofas, mattresses, and rugs) and appliances
(including refrigerators, ranges, washers, dryers, water heaters,
dishwashers, plumbing, small household appliances and other similar
items, commonly known as "white goods"). Bulky items do not include
car bodies, auto parts, tires, construction and demolition debris,
or items requiring more than two persons to remove.
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
with five or more units, or as otherwise defined in 14 CCR Section
18982(a)(6). A multi-family residential dwelling that consists of
fewer than five units is not a commercial business for purposes of
implementing this code.
means the State of California Code of Regulations. CCR references
in this chapter are preceded with a number that refers to the relevant
title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
means California Department of Resources Recycling and Recovery,
which is the department designated with responsibility for developing,
implementing, and enforcing SB 1383 Regulations.
includes a tier one or a tier two commercial edible food
generator as shall have the same meaning as defined in Public Resources
Code 14 CCR Section 18982(a)(73) and (a)(74) that may be amended from
time to time. For the purposes of this definition, food recovery organizations
and food recovery services are not commercial edible food generators.
means any person or solid waste service provider who loads,
collects, hauls, or transports commercial solid waste, that was generated
by another person or its employees or subcontractors in the course
of providing its principal service, or manufacturing or constructing
or assembling its major product; by use of any means, including, but
not limited to, a dumpster truck, a side-load, front-load, or rear-load
garbage truck, or a trailer, or a compactor.
means a review of private property records by the city to
determine compliance with this code.
means the director of public works or authorized representative.
means food intended for human consumption, or as otherwise
defined in 14 CCR Section 18982(a)(18). For the purposes of this code
"edible food" is not solid waste if it is recovered and not discarded.
Nothing in this code 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 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, 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 concentration of waste of
a type and amount normally found in municipal 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.
shall have the same meaning as in Health and Safety Code
Section 113781 as may be amended from time to time.
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) as may be amended from time to time.
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 and shall have the same meaning as defined
in Public Resources Code 14 CCR Section 18982(a)(25) as may be amended
from time to time.
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 code and implementation
of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
means all food such as, but not limited to, fruits, vegetables,
meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread,
cheese, and eggshells. Food scraps excludes fats, oils, and grease
when such materials are source-separated from other food scraps.
means food scraps, food-soiled paper, and compostable plastics.
means the sole authorized hauler with exclusive right and
privilege to provide solid waste collection services within a predetermined
zone of the city granted by city to contractor pursuant to the city's
authority under Article 11, Section 7 of the State of California Constitution
and Section 40059 of the Public Resources Code.
means a person or entity that is responsible for the initial
creation of waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
means a container where either the lid or the body of the
container is gray in color. Gray container has the same meaning as
in 14 CCR Section 18982.2(a)(28) as may be amended from time to time,
and shall be used for the purpose of storage and collection of refuse.
means a container where either the lid or the body of the
container is green in color. Green container has the same meaning
as defined in 14 CCR 18982.2(a)(29) as may be amended from time to
time, and shall be used for the storage and collection of source-separated
organic waste.
means total payment received by solid waste service providers
and certified mixed waste processors for the provision of solid waste
services, including, but not limited to, receipts for service, container
rentals, disposal fees, processing charges and any pass-through fees
collected pursuant to AB 939 or as determined by any franchised hauler
agreement. Gross receipts do not include proceeds from the sale of
recyclable materials to materials brokers, dealers, end users, or
a combination thereof.
means a waste, or combination of wastes, which because of
its quantity, concentration or physical, chemical or infectious characteristics,
may do either of the following: (1) cause, or significantly contribute
to, an increase in mortality or an increase in serious irreversible,
or incapacitating reversible, illness; (2) pose a substantial present
or potential hazard to human health or environment when improperly
treated, stored, transported or disposed of or otherwise managed.
"Hazardous waste" includes all substances defined as hazardous waste,
acutely hazardous waste, or extremely hazardous waste by the State
of California in Health and Safety Code Sections 25110.02, 25115,
and 25117; as well as Section 40141 of the Public Resources Code,
Division 30, Part 1, Chapter 2, and as these may be subsequently defined;
or in the future amendments to or recodifications of such statutes,
or identified and listed as hazardous waste by the U.S. Environmental
Protection Agency (EPA), pursuant to the Federal Resource Conservation
and Recovery Act (42 USC Section 6901 et seq.), all future amendments
thereto, and all rules and regulations promulgated thereunder. Where
there is a conflict in the definitions employed by two or more agencies
having jurisdiction over hazardous or solid waste, the term "hazardous
waste" shall be construed to have the broader, more encompassing definition.
has the same meaning as defined in Section 18982(a)(38) of
the California Public Resources Code as may be amended from time to
time, 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.
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 code 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
code 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 code.
means waste materials regulated pursuant to the Medical Waste
Management Act, Part 14 (commencing with Section 117600) of Division
104 of the Health and Safety Code as may be amended from time to time.
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.
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 defined
by 14 CCR Section 18982(a).
means a person or entity that is responsible for the initial
creation of organic waste 14 CCR Section 18982(a)(48) as may be amended
from time to time.
means solid organic wastes containing material originated
from living organisms and their metabolic waste products, including,
but not limited to, food, green material, landscape and pruning waste,
organic textiles and carpets, lumber, wood, paper products, printing
and writing paper, manure, biosolids, digestate, and sludges, or as
otherwise defined in 14 CCR Section 18882(a)(46). Biosolids and digestate
are as defined by 14 CCR Section 18982(a).
means an individual, association, firm, limited liability
company, partnership, political subdivision, government agency, municipality,
public or private corporation, or any other entity whatsoever.
means the situs of any commercial, industrial, or private
nonprofit enterprise, whether operating as a sole proprietorship,
partnership, limited liability company, corporation, or otherwise,
including, without limitation, any retail or wholesale outlet, hotel
or motel, restaurant, market, hospital or other health care facility,
or private school, church or club. With the exception of tenants of
residential multi-family properties, each tenant of a commercial building
is a separate place of business.
means the following: (1) discarded materials placed in the
blue container that are not identified as acceptable source-separated
recyclable materials for the city's blue container; (2) discarded
materials placed in the green container that are not identified as
acceptable source-separated green container organic waste for the
city's green container; (3) 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 the city's green container and or blue container; and excluded
waste placed in any container.
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 discarded waste or garbage that may be mixed with or contain nonorganic material, or processed industrial materials. The term is used interchangeably with gray container waste. "Refuse" does not include any construction and demolition debris generated from applicable projects as defined in Chapter 8.58 of this title.
means of, from, or pertaining to a single-family home or
properties with two to four units who receive collection services
directly from the city.
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 approved by the Governor on September
19, 2016, which added Sections 39730.5, 39730.6, 29730.7, and 39730.8
to the Health and Safety Code, and added Chapter 13.1 (commencing
with Section 42652) to Part 3 of Division 30 of the Public Resources
Code, establishing methane emissions reduction targets in a statewide
effort to reduce emissions of short-lived climate pollutants as amended,
supplemented, superseded, and replaced from time to time.
means a person, who hauls refuse, recyclables or organic
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). "Backhaul" 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 defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and
non-putrescible solid, semisolid, and liquid wastes, including garbage,
trash, refuse, paper, rubbish, ashes, industrial wastes, demolition
and construction wastes, abandoned vehicles and parts thereof, discarded
home and industrial appliances, dewatered, treated, or chemically
fixed sewage sludge which is not hazardous waste, manure, vegetable
or animal solid and semisolid wastes, and other discarded solid and
semisolid wastes.
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 code, 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 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 household electronics and equipment that may be considered
hazardous upon disposal, or as otherwise defined in the California
Code of Regulations (CCR) at Title 22 Social Security Division 4.5,
Environmental Health Standards for the Management of Hazardous Waste,
and as that section may be subsequently amended.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
The primary responsibility for proper handling of solid waste
generated or accumulated on any premises shall be on the generator
of the solid waste. Should the generator refuse, neglect or fail to
provide for the proper handling of solid waste in accordance with
this chapter, the owner of the premises within or upon which the solid
waste had been generated or accumulated shall provide for proper handling
of the solid waste in accordance with the provisions of this chapter.
No person shall dump, deposit, place, burn or bury in or upon
any lot, public space, or in water or waterway, any refuse, organics,
recyclable material, deleterious or offensive substances. This section
shall not apply to any land used by the city as a disposal or reclamation
site.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
Premises will be kept in a clean and sanitary condition, and any refuse shall not be permitted to accumulate on premises for a period in excess of one calendar week, except as provided for in Section 8.44.040. Organics or other recyclable material shall not be permitted to accumulate on premises for a period of more than 15 days; provided, however, that this provision shall not be construed to interfere with any person keeping building materials upon premises during the construction, reconstruction or repair of a building or structure thereon under a current valid building permit, keeping of wood neatly piled upon such premises for household use, nor managing a backyard composting area that is properly maintained.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
To prevent propagation of nuisances, refuse, recyclables, and organic material shall not be allowed to remain on the premises for more than the period allowed by Section 8.44.030, except when:
A.
Disruptions occur due to strike; or
B.
Severe weather conditions or "Acts of God" make collection impossible
using normal collection equipment; or
C.
Official holidays interrupt the normal seven day collection cycle
in which case collection may be postponed until the next working day;
or
D.
Where deemed necessary by the director of public works that more
frequent removal of refuse shall be required for the protection of
public health.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
Title to materials becomes the property of the collector once
placed in the collection containers and placed at an area for servicing
by the collector. Title to any prohibited material placed in collection
containers shall remain with the generator unless expressly accepted
by the collector. All ownership and the rights to recyclable material
shall be vested to the collector once such recyclables have been placed
in the designated collection container by the resident or commercial
entity. All ownership and title rights to recyclable materials shall
be transferred to the authorized collector at the time the collector
removes the material from the designated collection location. Scavenging
is prohibited in the city.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
A.
No person shall place or deposit in any refuse, recyclable material,
or organics container for collection pursuant to this chapter, excluded
wastes, hypodermic needles, medicines, pills, medical waste, rocks,
electronic waste; human waste and other potentially infectious material,
poisons, caustic acids, motor oils, liquids of any kind, explosives,
asbestos; or similar dangerous substances, or hazardous waste as defined
in Public Resources Code Section 40141, or low level radioactive waste
regulated under Chapter 7.6 of Division 20 of the Health and Safety
Code, or medical waste regulated under Chapter 6.1 of Division 20
of the Health and Safety Code.
B.
Under no circumstances shall clothing, bedding, or other articles
from any home or place where any infectious or contagious disease
has prevailed be deposited in such container. The owner or occupant
of any premises where an infectious or contagious disease has prevailed
shall forthwith notify the city and shall dispose of articles which
are or might be affected in accordance with directions.
C.
No person shall place the body of any dead animal in any street or
park or in any gray container, green container or blue container.
The bodies of any dead animals shall be promptly removed as directed
by the appropriate local agency.
D.
No person shall place in the city residential collection service
container any item which is too large or heavy to be included for
regular solid waste collection.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
Residential property customers shall be allowed to place waste
which by reason of its character cannot practically be placed in such
receptacles, including bulky items and universal waste, upon advance
notice to the city.
The city shall receive requests for and provide for the collection
of certain bulky items and universal waste from residential property
customers of the city who shall request such service. No bulky items
or universal waste shall be collected from private property. All bulky
items and universal waste shall be placed at and atop the curb, and
not in the street or alley, and should be a minimum of five feet away
from any fixed object or parked vehicle.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
A.
Waste generators shall source-separate their waste into recyclables,
organics, and refuse. Generators shall place source-separated yard
trimmings and organic waste, including food scraps, in the green container;
source-separated recyclable materials in the blue container; and refuse
in the gray container. The city may determine that streams can be
combined in the event that the city or a city-permitted hauler is
able to collect materials as a single stream for delivery to a state-certified
high-diversion organic waste processing facility.
B.
No generator may mix recyclables, organics or refuse, or deposit
one type in a collection container designated for another type, except
as provided for in this chapter. Generators shall not place prohibited
container contaminants in the green, blue or gray containers.
C.
Residential waste generators shall subscribe to the city's gray
container, blue container and green container collection services
for all waste generated. Commercial waste generators shall subscribe
to gray container, blue container and green container services provided
by the designated commercial franchised hauler. Generators may additionally
manage their waste by preventing or reducing waste, managing organic
waste on site, self-hauling, and/or using a community composting site
pursuant to 14 CCR Section 18984.9(c).
D.
It shall be the responsibility of the generator whose solid waste was not removed because it contained recyclables or organics to properly separate materials from the uncollected refuse for proper recycling. Allowing such unseparated solid waste to accumulate as per Section 8.44.030 will be considered a violation of this code.
E.
The generator is responsible for ensuring that materials are confined
in the collection container in a way that would prevent spillage on
streets.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
A.
On the collection day designated by the city, occupants of those
places or premises participating in the city's automated refuse
collection programs shall place the automated containers along the
street curb in front of the premises, or along the alley in the rear
thereof depending upon whether the prescribed collection route is
along the street or alley. Automated containers shall be placed at
the edge of the curb on either side of the driveway in front of the
premises at a minimum of three feet from any parked car and at a minimum
of one foot between each automated cart. Such containers shall be
placed so that the embossed arrow on the lid faces the street.
B.
No person shall place any container in any public highway, street,
or alley at any place other than on the collection day established
by the city on the particular route. No container shall be placed
for collection before 3:00 p.m. on the day immediately prior to the
scheduled collection day. No person shall permit the containers to
remain on or immediately adjacent to a street or alley after 8:00
p.m. of the collection day.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
Generators that are commercial businesses, including multi-family
residential dwellings, shall:
A.
Subscribe to and pay for collection services for all waste generated.
Businesses and multi-family residential dwellings that generate more
than two cubic yards per week must subscribe to collection services
for recyclable and organic material from the designated franchise
hauler. Owners of such properties are responsible for any failure
to subscribe to or pay for sufficient levels of collection service.
Nothing in this section shall preclude a generator from self-hauling
material generated at the property as long as the business holds a
properly executed exemption from the city.
B.
Provide an accessible location for sufficient levels of service with
collector(s) for refuse, recyclables, and organics, except as provided
for in this code.
C.
Supply and allow access to adequate number, size, and location of
collection containers with sufficient labels or colors for employees,
contractors, and tenants, consistent with the city's collection
service requirements or, if self-hauling, per the commercial businesses'
instructions to support its compliance with its self-haul program.
The city shall have the right to review the number and size of a generator's
containers and frequency of collection to evaluate the adequacy of
capacity provided for each type of collection service for proper separation
and containment of materials, and businesses shall adjust their service
level for their collection services as requested by the city.
D.
Excluding multi-family residential dwellings, provide for the collection
of source-separated recyclable and organic 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 refuse disposal containers are provided for customers.
Pursuant to 14 CCR Section 18984.9(b), the containers provided by
the businesses shall have either:
1.
A body or lid that conforms with the container colors specified in Section 8.44.080. 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 for those containers, or prior to January 1, 2036, whichever comes first. Multi-family residential dwellings are not required to comply with this requirement.
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. Multi-family residential dwellings are
not required to comply with this requirement.
E.
Participate in collection service(s) by placing designated materials
in designated containers.
F.
Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.44.083.
G.
To the extent practicable 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 franchised hauler's blue container,
green container, and gray container collection service requirements
or, if self-hauling, per the commercial businesses' instructions
to support its compliance with its self-haul program.
H.
Excluding multi-family residential dwellings, periodically inspect
blue, green, and gray containers for contamination and inform employees
if containers are contaminated and of the requirements to keep contaminants
out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
I.
Annually provide information to employees, contractors, tenants,
and customers about waste diversion requirements and about proper
sorting of source-separated green container organic waste and source-separated
blue container recyclable materials.
J.
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
blue container recyclable materials separate from gray container waste
and the location of containers and the rules governing their use at
each property.
K.
Provide or arrange access for the city or its agent to their properties
during all inspections conducted in accordance with this chapter to
confirm compliance with the requirements of this chapter.
L.
If the collection service is provided by a permitted hauler who collects
material as a single stream and delivers material to a high diversion
facility, all materials may be placed in a gray container.
M.
If a commercial business wants to self-haul, generators must meet
the self-haul requirements of this chapter.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
A.
Tier one commercial edible food generators must comply with the requirements
of this section commencing January 1, 2022, and tier two commercial
edible food generators must comply commencing January 1, 2024, pursuant
to 14 CCR Section 18991.3.
B.
Large venue or large event operators not providing food services,
but allowing for food to be provided by others, shall require food
service providers as defined by Section 113789 of the Health and Safety
Code operating at the large venue or large event to comply with the
requirements of this section, commencing January 1, 2024.
C.
Commercial edible food generators shall comply with the following
requirements:
1.
Arrange to recover the maximum amount of edible food that would otherwise
be disposed.
2.
Contract with, or enter into a written agreement with food recovery
organizations or food recovery services for: (a) the collection of
edible food for food recovery; or (b) acceptance of the edible food
that the commercial edible food generator self-hauls to the food recovery
organization for food recovery.
3.
Shall not intentionally spoil edible food that is capable of being
recovered by a food recovery organization or a food recovery service.
4.
Allow the city's designated enforcement agent or designated
third party enforcement agent to access the premises and review records
pursuant to 14 CCR Section 18991.4.
5.
Keep records that include the following information, or as otherwise
specified in 14 CCR Section 18991.4:
a.
A list of each food recovery service or organization that collects
or receives its edible food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
c.
A record of the following information for each of those food
recovery services or food recovery organizations:
i.
The name, address and contact information of the food recovery
service or food recovery organization.
ii.
The types of food that will be collected by or self-hauled to
the food recovery service or food recovery organization.
iii.
The established frequency that food will be collected
or self-hauled.
iv.
The quantity of food, measured in pounds recovered per month,
collected or self-hauled to a food recovery service or food recovery
organization for food recovery.
D.
Nothing in this code shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the state of California on September 25, 2017, which added Article 13 [commencing with Section 49580], to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
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 to which the food recovery service transports edible
food.
B.
Food recovery organization is collecting or receiving edible food
directly from commercial edible food generators, via a contract or
written agreement established under 14 CCR Section 18991.3(b), shall
maintain the following records, or as otherwise specified by 14 CCR
Section 18991.5(a)(2):
1.
The name, address, and contact information for each commercial edible
food generator from which the organization receives edible food.
2.
The quantity in pounds of edible food received from each commercial
edible food generator per month.
3.
The name, address, and contact information for each food recovery
service that the organization receives edible food from for food recovery.
C.
Food recovery organizations and food recovery services that have
their primary address physically located in the city and contract
with or have written agreements with one or more commercial edible
food generators pursuant to 14 CCR Section 18991.3(b) shall report
to the city the total pounds of edible food recovered in the previous
calendar year from the tier one and tier two commercial edible food
generators they have established a contract or written agreement with
pursuant to 14. CCR Section 18991.3(b).
(Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
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. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
For a community special event requiring a commercial special
event permit from the city, the permit holder shall provide recycling
receptacles throughout the event venue. The number of recycling receptacles
shall equal the number of solid waste receptacles, placed next to
each other, and be clearly marked to identify recyclables and organics
to insure proper recycling. For events with a collection service provided
by a single-stream hauler, outreach materials must provide information
to that effect. The responsible permit holder shall ensure the delivery
of materials to a recycling center or a certified high-diversion material
processing facility, and shall not be delivered to a landfill for
disposal.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
A.
Except as provided in subsection B of this section, every person having charge or control of any place or premises in the city where gray container waste, blue container materials and green container materials accumulates shall place and keep the same in a receptacle of the type or kind prescribed by the director of public works; provided, that where such solid waste is of such character that it is impractical to place it in such receptacles, as determined by the director of public works, such solid waste need not be placed therein. Persons having charge or control of such receptacles shall keep them free from all rough or jagged surfaces which would be likely to cause injury to persons lifting them.
B.
Occupants of those places or premises that are included in the city's
automated refuse collection program shall place and keep all gray
container waste, blue container material and green container material
accumulating on such premises only in the designated collection containers
obtained for city services for use in the automated collection programs.
Such automated containers shall remain at all times the property of
the city. At no time and under no circumstances shall automated container(s)
be moved or removed from the place or premises to which they were
assigned. Such automated containers will be repaired and maintained
by the city at no additional cost provided the damage is not due to
customer abuse or negligence. Automated containers that are stolen
will be replaced at no cost.
C.
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 containments of materials; and generators shall adjust service
levels for its collection services as requested by the city.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
A.
Except as otherwise provided in this chapter, the receptacles in which refuse shall be placed and kept for collection by the city or by private collectors, shall be sturdy, of durable metal or plastic, tapered, and with tight-fitting lids or disposable paper or plastic bags manufactured for the purpose of keeping refuse as defined in Section 8.44.010. Each receptacle shall be of the type which does not permit the contents thereof to sift or pass through any openings therein. Each receptacle shall have a tight-fitting lid which secures to the receptacle in such a manner as to prevent as best as practicable the entry therein by coyotes, dogs, cats, rodents or other animals. Size or weight limitations do not apply to metal bins that are to be handled by mechanical means.
B.
Occupants of those places or premises included in the city's
automated collection program shall use only the approved automated
refuse containers for such programs to be obtained exclusively through
the city.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
Except as otherwise provided in this chapter for participants
in the automated refuse collection program, each receptacle used by
a place of business shall have street number of the business marked
clearly and legibly upon the receptacle's outer surface in letters
at least two inches in height.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
Every waste collector who owns, rents or controls any container,
bin or other equipment used for the storage of garbage, industrial
waste, market refuse or rubbish shall place and maintain on the outside
of such container, bin or other equipment, in legible letters and
numerals, not less than two inches in height, such waste collector's
name or firm name and telephone number.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
A.
Each residential property, each place of business and each multi-family
residential dwelling accumulating or producing refuse shall provide
its own receptacle or receptacles or shall use the receptacles furnished
by the city or the city's designated franchised hauler as provided
in this chapter for keeping, depositing or accumulating refuse originating
on the premises.
B.
No person shall cause to be deposited or shall deposit any refuse
in any receptacle of a place of business or multiple dwelling or apartment
house with which such person is not directly connected.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
It shall be the responsibility of the generator to ensure that
all refuse bins and containers are kept thoroughly cleaned and all
grease and adherent materials removed on a regular basis to control
odor, residual debris and contaminants.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
Every owner, tenant, occupant or person owning or having the
care of any premises shall keep his or her premises in a clean and
sanitary condition, and no person shall permit any sewage effluent,
excrement, slop or stagnant water, butcher offal, market refuse, garbage,
dead animals, rubbish, cans, wastepaper, filth of any kind or any
other substance that may become offensive, to be deposited or remain
in or upon any premises owned or occupied by him or her or under his
or her control, except as otherwise provided by law.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
The council finds that the periodic collection of refuse from
all places in the city benefits all occupants of places and premises
in the city and, therefore, all such persons are made liable for the
refuse collection fees prescribed by this chapter. In the case of
premises serviced by the city's collection service containing
more than one dwelling unit or place of business or both, which are
served by a single electric meter, such fees may be billed to the
landlord who shall collect such fees levied against the occupants
of the dwelling units on such premises and shall transmit the amount
so collected to the city. In the event the landlord fails to collect
such fees from any such occupant and remit the same to the city the
landlord shall be liable to the city for payment of such fees.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
All charges for refuse collection shall be established or modified
by resolution of the city council. The schedule of fees shall remain
on file and be available in the office of the city clerk. The director
of public works shall, with the approval of the city manager, recommend
changes in the above fees when the cost of refuse collection makes
it appropriate.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
A.
Payments for regular collection services provided by the city shall
be payable to the city. Payments for collection services provided
by a city-designated franchised hauler shall be payable directly to
that franchised hauler.
B.
Special service charges for other than regular collections shall
be payable to the city's duly authorized representative upon
presentation of a bill for such services.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
Minimum fees paid in advance for city-provided services may
be refunded upon the approval of the director of public works for
any calendar month or major fraction thereof during which the applicant
for refund was not an occupant or in legal possession of the premises
for which the fee was paid. Application for refund shall be filed
with the director of public works within six months after expiration
of the calendar month for which the refund is sought and shall be
made upon forms prescribed by the director of public works.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
A fee imposed by this chapter shall be a civil debt owing to
the city from the persons receiving the service.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
The director of public works shall supervise the collection
and removal of all refuse, recyclable material, and organics in the
city.
A.
Commercial Waste Hauler Collection Services. The director of public
works shall have the authority to promulgate rules and regulations
concerning the collection and management of materials by commercial
franchised haulers operating within the city.
B.
The director of public works may make such rules not inconsistent
with the provisions of this chapter as may be necessary, reasonable
and proper to effect the expeditious, economical and efficient collection
and removal of refuse, recyclable material, and organics within the
city.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
A.
Service levels and frequency for commercial collection services shall
be determined by the generator in consultation with the city's
franchised hauler. All material must be contained in the bin or cart
provided by the city's franchised hauler. If collection of additional
quantities of refuse is desired application shall first be made for
additional service to the city's franchised hauler.
B.
The person in charge of the place of business is responsible for
the care and cleanliness of the container. The container remains the
property of the franchised hauler providing the collection service.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
Residents shall be allowed to compost organic waste in their
backyards, or at city-designated regional gardens where compostable
organics are managed. Residents who participate in backyard composting
must maintain their composting area in accordance with acceptable
standards and regulations set forth by the city and the Los Angeles
County health department. Materials allowed for composting in backyards
include all garden waste, food waste with the exception of diseased
or insect infested plants, animal wastes or meat and dairy wastes.
All composting areas must be maintained to minimize the potential
for odors and rodents. Moisture should be regulated to eliminate any
standing waste near or around the composting area. Nothing shall preclude
a resident to allow the removal of green material from the property
by a landscaper.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
Nothing in this chapter shall limit the right of any person
or business to donate, sell, or transport material that they generate
to a facility that holds all applicable permits provided that any
such activity is in accordance with the provisions of this chapter.
The ownership of materials is considered the property of the generator,
until the material is placed in the authorized collector's container.
B.
Self-haulers shall haul their source-separated recyclable materials
to a facility that recovers those materials; and haul their source-separated
green container organic waste to a solid waste facility, operation,
activity, or property that processes or recovers source-separated
organic waste. Alternatively, self-haulers may haul organic waste
to a high diversion organic waste processing facility.
C.
Self-haulers that are commercial businesses (including multi-family
residential dwellings) shall keep a record of the amount of organic
waste delivered to each solid waste facility, operation, activity,
or property that processes or recovers organic waste; this record
shall be subject to inspection by the city. The records shall include
the following information:
1.
Delivery receipts and weight tickets from the entity accepting the
waste.
2.
The amount of material in cubic yards or tons transported by the
generator to each entity.
3.
If the material is transported to an entity that does not have scales
on site, or employs scales incapable of weighing the self-hauler's
vehicle in a manner that allows it to determine the weight of materials
received, the self-hauler is not required to record the weight of
material but shall keep a record of the entities that received the
organic waste.
D.
Self-haulers that are commercial businesses (including multi-family self-haulers) must register with the city, and shall provide information collected in subsection C to the city.
E.
A residential organic waste generator that self-hauls organic waste
is not required to record or report this information.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
A.
De Minimis Waiver. The city may waive a commercial business'
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, 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 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 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 green container comprises less than 10 gallons per
week per applicable container of the business' total waste.
2.
Notify the city if circumstances change such that commercial business's
organic waste exceeds threshold required for waiver, in which case
waiver will be rescinded.
3.
Provide written verification of eligibility for de minimis waiver
every five years, if the city has approved a de minimis waiver.
B.
Physical Space Waiver. The city may waive a commercial business'
or property owner's obligations (including multi-family residential
dwellings) to comply with some or all of the recyclable materials
and/or organic waste collection service requirements if the 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. A commercial business or property owner
may request a physical space waiver through the following process:
1.
Submit an application form specifying the type(s) of collection services
for which they are requesting a compliance waiver.
2.
Provide documentation that the premises lack adequate space for blue
containers and/or green containers including documentation from its
hauler, licensed architect, or licensed engineer.
3.
Provide written verification to the city that it is still eligible
for physical space waiver every five years, if the city has an approved
application for a physical space waiver.
C.
Review and Approval of Waivers by City. An application for a waiver
shall be submitted to the city on a form prescribed by the city. After
reviewing the request, the city shall either approve or disapprove
the waiver request. Only the city has authority to issue a waiver
and this authority cannot be delegated to a private entity pursuant
to SB 1383 regulations.
A business subscribed to a single-stream collection service
provided by its hauler is not considered exempt from the diversion
requirement since the material diversion service is being provided
by the hauler.
(Ord. 5961 § 2, 2021; Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
A.
Haulers providing commercial or industrial organic waste collection
services to generators within the city's boundaries shall meet
the following requirements and standards as a condition of approval
of a contract, agreement, or other authorization with the city to
collect organic waste:
1.
Through written notice to the city annually on or before July 1,
2021, identify the facilities to which they will transport organic
waste including facilities for source-separated recyclable materials,
source-separated organic waste, and mixed waste.
2.
Transport source-separated recyclable materials, source-separated
organic waste, and mixed waste to a facility, operation, activity,
or property that recovers organic waste as defined in 14 CCR, Division
7, Chapter 12, Article 2.
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 construction and demolition materials in a manner that complies with 14 CCR Section 18989.1, Section 8.44.070 of this chapter, and Glendale Municipal Code Chapter 8.58.
4.
Haulers with authorization to collect organic waste shall comply
with education, equipment, signage, container labeling, container
color, contamination monitoring, reporting, and other requirements
contained within its franchise agreement, permit, license, or other
agreement entered into with the city.
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
city request, provide information regarding available and potential
new or expanded capacity at their facilities, operations, and activities,
including information about throughput and permitted capacity necessary
for planning purposes. Entities contacted by the city shall respond
within 60 days.
2.
Community composting operators, upon city request, shall provide
information to the city to support organic waste capacity planning,
including, but not limited to, an estimate of the amount of organic
waste anticipated to be handled at the community composting operation.
Entities contacted by the city shall respond within 60 days.
(Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
A.
City representatives and/or designees are authorized to conduct inspections
and investigations, at random or otherwise, of any collection container,
collection vehicle loads, or transfer, processing, disposal facility
for materials collected from generators, or source-separated materials
to confirm compliance with this code by organic waste generators,
commercial businesses, property owners, commercial edible food generators,
commercial waste haulers, self-haulers, food recovery services, and
food recovery organizations, subject to applicable laws. This section
does not allow the city or its designee to enter the interior of a
private residential property for inspection.
B.
Regulated entity shall provide or arrange for access during all inspections
(with the exception of residential property interiors) and shall cooperate
with the city's employee or its 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 code and may result in penalties
described.
C.
Any records obtained by the city 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.
City representatives and/or designees are authorized to conduct any
inspections, or other investigations as reasonably necessary to further
the goals of this chapter, subject to applicable laws.
E.
The city shall receive written complaints from persons regarding
an entity that may be potentially non-compliant with SB 1383 regulations,
including receipt of anonymous complaints.
(Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
A.
Violation of any provision of this chapter shall constitute grounds for administrative citation under Chapter 1.24 of this code, subject to all procedures of that section, except as otherwise indicated in this chapter. The director of public works or their designee shall have and exercise the power:
B.
Other remedies allowed by law may be used, including civil action
or prosecution as misdemeanor or infraction. The city may pursue civil
actions in the California 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.
C.
Process for Enforcement.
1.
The director of public works or a designee will monitor compliance
with this chapter randomly and through compliance reviews, route reviews,
investigation of complaints, and an inspection program.
2.
The city may issue an official notification to notify regulated entities
of its obligations under this chapter. Notices will be sent to "owner"
at the official address of the owner maintained by the tax collector
for the city 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.
3.
For incidences of prohibited container contaminants found in containers,
the city will issue a notice of violation to any generator found to
have prohibited container contaminants in a container. Such notice
will be provided via a cart tag or other communication immediately
upon identification of the prohibited container contaminants or within
three days after determining that a violation has occurred. If the
city observes prohibited container contaminants in a generator's
containers on more than three consecutive occasion(s), the city may
assess contamination processing fees or contamination penalties on
the generator.
4.
With the exception of violations of generator contamination of container
contents addressed under subsection (C)(3), the city shall issue a
notice of violation requiring compliance within 60 days of issuance
of the notice.
D.
Penalty Amounts for Types of Violations. Penalty amounts for a first,
second, and third violation of provisions of this chapter shall be
established or modified by resolution of the city council.
E.
Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with subsection A if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
F.
Education Period for Noncompliance. Beginning January 1, 2022 and
through December 31, 2023, the city will conduct inspections, route
reviews or waste evaluations, and compliance reviews, depending upon
the type of regulated entity, to determine compliance, and if city
determines that organic waste generator, self-hauler, tier one commercial
edible food generator, food recovery organization, food recovery service,
or other entity is not in compliance, it shall provide educational
materials to the entity describing its obligations under this chapter
and a notice that compliance is required by January 1, 2022, and that
violations may be subject to administrative civil penalties starting
on January 1, 2024.
G.
Civil Penalties for Noncompliance. Beginning January 1, 2024, if
the city determines that an organic waste generator, self-hauler,
hauler, tier one or tier two commercial edible food generator, food
recovery organization, food recovery service, or other entity is not
in compliance with this chapter, it shall document the noncompliance
or violation, issue a notice of violation, and take enforcement action
pursuant to this section, as needed.
(Ord. 5967 § 2, 2021; Ord. 6020, 1/23/2023)
