As used in this Chapter, the words below shall have the following
definitions, unless the context specifically indicates otherwise:
is defined at Section 5.60.010.
has the same meaning as in 14 CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and Collection of Source
Separated Recyclable Materials (Non-organic recyclables = glass, metal,
and plastic) or Source Separated Blue Container Compostables (Organic
recyclables such as clean paper and cardboard). The body of the "blue
container" is blue with a blue lid for residential and commercial
35-, 65-, or 95-gallon Recyclable Materials carts. The body of the
"blue container" is white in color with the lid of the container blue
in color for 2,3,4 or 6 cubic yard commercial Recycling Materials
bins.
is defined at Section 5.60.010.
is defined at Section 5.60.010.
means organics including yard trimmings generated at a residential,
commercial, or industrial premises that are co-collected with food
waste generated at the same residential, commercial, or industrial
premises (including a single-family dwelling, duplex, triplex, fourplex
or a multi-family complex). "Co-Collected Yard Trimmings and Food
Scraps" are stored together in containers and are collected together.
Co-collected yard trimmings and food scraps shall not contain over
50% food scraps, by weight.
means the taking of physical possession of MSW, recyclables,
Compostables, and Yard Trimmings from Generators, and their transport
to the MDF or Transfer Station.
is defined at Section 5.60.010.
is defined at Section 5.60.010.
includes a Tier One, or a Tier Two Commercial Edible Food
Generator as defined in Sections 6.61.050(uuu) and 6.61.060(vvv) of
this Chapter or as otherwise defined in 14 CCR Section 18982(a)(73)
and (a)(74). For the purposes of this definition, Food Recovery Organizations
and Food Recovery Services are not Commercial Edible Food Generators
pursuant to 14 CCR Section 18982(a)(7).
means a review of records by the city to determine compliance
with this Chapter.
means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and Compost on-site
at any one time does not exceed 100 cubic yards and 750 square feet,
as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined
by 14 CCR Section 18982(a)(8).
is defined at Section 5.60.010.
means a person or entity that is responsible for the initial
creation of Compostables.
means plastic materials that meet the ASTM D6400 standard
for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A)
or 18984.2(a)(1)(C).
is defined at Section 5.60.010.
is defined at Section 5.60.010.
means a Container, regardless of color, that contains Prohibited
Container Contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
includes waste building materials, packaging and rubble resulting
from construction, remodeling, repair or demolition operations on
pavements, houses, commercial and industrial buildings, and other
structures and improvements.
means an entity that the City contracts with or otherwise
arranges to carry out any of the City's responsibilities of this Section
as authorized in 14 CCR Section 18981.2. A Designee may be a government
entity, a hauler, a private entity, or a combination of those entities.
is defined at Section 5.60.010.
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 MSW if it is recovered and not discarded. Nothing in this Chapter
or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery
of Edible Food that does not meet the food safety requirements of
the California Retail Food Code.
means an action of the City pursuant to Chapter 1.16 of this code to address noncompliance with this Chapter.
is defined at Section 1.24.020.
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 Ill landfills
or accepted at the facility by permit conditions, waste that in the
City'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 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 MSW after
implementation of programs for the safe Collection, processing, recycling,
treatment, and disposal of batteries and paint in compliance with
California Public Resources Code Sections 41500 and 41802. Excluded
Waste does not include used motor oil and filters, household batteries,
universal wastes, electronic waste, and/or latex paint when such materials
are defined as allowable materials for Collection through the City's
Collection programs and the Generator or customer has properly placed
the materials for Collection pursuant to instructions provided by
City or its Designee for Collection Services.
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).
means a Commercial Business that stores, prepares, packages,
serves, vends, or otherwise provides food for human consumption.
means actions to collect and distribute food for human consumption
that otherwise would be disposed, or as otherwise defined in 14 CCR
Section 18982(a)(24).
means an entity that engages in the Collection or receipt
of Edible Food from Commercial Edible Food Generators and distributes
that Edible Food to the public for Food Recovery either directly or
through other entities or as otherwise defined in 14 CCR Section 18982(a)(25),
including, but not limited to:
A food bank as defined in Health and Safety Code Section 113783;
A nonprofit charitable organization as defined in Health and
Safety Code Section 113841; and
A nonprofit charitable temporary food facility as defined in
Health and Safety Code.
means a Person 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).
is defined at Section 5.60.010.
means an entity primarily engaged in providing food services
to institutional, governmental, commercial, or industrial locations
of others based on contractual arrangements with these types of organizations,
or as otherwise defined in 14 CCR Section 18982(a)(27).
is defined at Section 5.60.010.
is defined at Section 5.60.010.
has the same meaning as in 14 CCR Section 18982.2(a)(28)
and shall be used for the purpose of storage and Collection of Gray
Container Waste. The body and lid of the 'Gray Container' is gray
in color for 20, 35, 65, or 95-gallon residential and commercial MSW
carts. The body of the 'Gray Container' is brown in color and the
lid of the container is black in color for commercial 1.5, 2, 3, 4,
and 6 cubic yard MSW bins.
has the same meaning as in 14 CCR Section 18982.2(a)(29)
and shall be used for the purpose of storage and Collection of Source
Separated Green Container Compostables. The lid and body of the 'Green
Container' is green in color for residential and commercial 35-or
64-gallon Compostables carts. "Green Container" may also include brown
containers that are currently used for Collection of Source Separated
Green Container Compostables, until those containers reach the end
of their useful life, or until their replacement is required by state
law, whichever comes first.
means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and
poultry; and any area that is not separately owned within the store
where the food is prepared and served, including a bakery, deli, and
meat and seafood departments, or as otherwise defined in 14 CCR Section
18982(a)(30).
means the designated daily, weekly, or other 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 percent
between January 1, 2022 and December 31, 2024, and 75 percent after
January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e)
for Compostables received from the "Mixed waste organic Collection
stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise
defined in 14 CCR Section 18982(a)(33).
means a site visit where a City reviews records, Containers,
and Person's Collection, handling, recycling, or landfill disposal
of Compostables or Edible Food handling to determine if the Person
is complying with requirements set forth in this Chapter, or as otherwise
defined in 14 CCR Section 18982(a)(35).
means an event, including, but not limited to, a sporting
event or a flea market, that charges an admission price, or is operated
by a local agency, and serves an average of more than 2,000 individuals
per day of operation of the event, at a location that includes, but
is not limited to, a public, nonprofit, or privately owned park, parking
lot, golf course, street system, or other open space when being used
for an event. If the definition in 14 CCR Section 18982(a)(38) differs
from this definition, the definition in 14 CCR Section 18982(a)(38)
shall apply to this Chapter.
means a permanent venue facility that annually seats or serves
an average of more than 2,000 individuals within the grounds of the
facility per day of operation of the venue facility. For purposes
of this Chapter and implementation of 14 CCR, Division 7, Chapter
12, a "venue facility" includes, but is not limited to, a public,
nonprofit, or privately owned or operated stadium, amphitheater, arena,
hall, amusement park, conference or civic center, zoo, aquarium, airport,
racetrack, horse track, performing arts center, fairground, museum,
theater, or other public attraction facility. For purposes of this
Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site
under common ownership or control that includes more than one Large
Venue that is contiguous with other Large Venues in the site, is a
single Large Venue. If the definition in 14 CCR Section 18982(a)(39)
differs from this definition in 13 CCR Section 18982(a)39 shall apply
to this Section.
means the agency designated pursuant to Part 4 of the California
Integrated Waste Management Act of 1989, as amended, and Public Resources
Code Sections 40000, et seq., with responsibility for enforcing this
Chapter, if authorized by the City.
means a school district, charter school, or county office
of education that is not subject to the control of city or county
regulations related to MSW, or as otherwise defined in 14 CCR Section
18982(a)(40).
is defined at Section 5.60.010.
is defined at Section 5.60.010.
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):
Public universities or colleges located within the City, including
Napa Valley College.
State fairgrounds located within the City, including the Napa
Valley Expo (25th District Agricultural Association of the California
Department of Food and Agriculture).
State agencies located within the City, including all public-school
locations, the Department of Motor Vehicles and California Department
of Transportation.
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).
is defined at Section 1.04.030.
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, off-set, 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).
means the following:
Discarded materials placed in the Blue Container that are not
identified as acceptable Source Separated Recyclable Materials for
the City Blue Container.
Discarded materials placed in the Green Container that are not
identified as acceptable Source Separated Green Container Compostables
for the City Green Container.
Discarded materials placed in the Gray Container that are acceptable
Source Separated Recyclable Materials and/or Source Separated Green
Container Compostables to be placed in City Green Container and/or
Blue Container; and
Excluded Waste placed in any container.
means products made from California, landfill-diverted recovered
Compostables processed in a permitted or otherwise authorized facility,
or as otherwise defined in 14 CCR Section 18982(a)(60).
means Paper Products and Printing and Writing Paper that
consists of at least 30 percent, by fiber weight, postconsumer fiber,
or as otherwise defined in 14 CCR Section 18982(a)(61).
is defined at Section 5.60.010.
is defined in Public Resources Code Section 40181.
is defined at Section 1.16.010.
means an establishment primarily engaged in the retail sale
of food and drinks for on-premises or immediate consumption, or as
otherwise defined in 14 CCR Section 18982(a)(64).
means a visual Inspection of Containers along a Hauler Route
for the purpose of determining Container Contamination and may include
mechanical Inspection methods such as the use of cameras, or as otherwise
defined in 14 CCR Section 18982(a)(65).
means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7,
and 39730.8 to the 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.
is defined at Section 5.60.010.
is defined at Section 5.60.010.
is defined at Section 5.60.010.
means materials, including commingled Recyclable Materials,
that have been separated or kept separate from the MSW stream, at
the point of generation, for the purpose of additional sorting or
processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products, which meet the quality standards
necessary to be used in the marketplace, or as otherwise defined in
14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source
Separated shall include separation of materials by the Generator,
property owner, property owner's employee, property manager, or property
manager's employee into different containers for the purpose of Collection
such that Source Separated materials are separated from Gray Container
Waste or other MSW for the purposes of Collection and processing.
means Source Separated Compostables that can be placed in
a Green Container that is specifically intended for the separate Collection
of Compostables by the Generator, excluding Source Separated Blue
Container Compostables, carpets, Non-Compostables Paper, and textiles.
means Source Separated Non-Organic Recyclables and Source
Separated Blue Container Compostables. "Recyclable Materials" includes
paper, books, magazines, cardboard, boxes, plastic, metal, glass,
food waste and other similar materials authorized by the City for
Collection by the Authorized Contractor.
means a full-line, self-service retail store with gross annual
sales of two million dollars ($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:
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.
A Local Education Agency facility with an on-site Food Facility.
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).
means a Collection Service that collects yard trimmings that
are placed in a pile or bagged for Collection on the street in front
of a Generator's house or place of business for Collection and transport
to a facility that recovers Source Separated Compostables, 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).
is defined at Section 5.60.010.
(O2022-001, 1/4/22)
Single-Family MSW, Recyclable Material, and Compostable Generators shall comply with the following requirements, except Single-Family Generators that meet the Self-Hauler requirements in Section 5.61.080 of this Chapter:
A.
Shall subscribe to the Collection Service for all MSW, Recyclable Material, and Compostables generated as described below in subsection (B). The City shall have the right to review the number and size of Single-Family Containers to evaluate adequacy of capacity provided for each type of Collection Services for proper separation of materials and containment of materials.
B.
Shall
participate in the Collection Service by placing MSW, Recyclable Material,
and Compostables in designated Containers as described below and shall
not place Prohibited Container Contaminants in Containers.
1.
Generator
shall place Source Separated Green Container Compostables, including
Food Scraps and Yard Trimmings, in the Green Container; Source Separated
Recyclable Materials in the Blue Container; and Gray Container Waste
in the Gray Container. Generators shall not place materials designated
for the Gray Container into the Green Container or Blue Container,
nor place materials designated for the Green or Blue Containers into
the Gray Container.
(O2022-001, 1/4/22)
Commercial Business MSW, Recyclable Material, and Compostables
Generators shall:
A.
Except Commercial Businesses that meet the Self-Hauler requirements in Section 5.61.080 of this Chapter, subscribe to the Collection Services for all MSW, Recyclable Material, and Compostables generated, and comply with requirements of those services as described below in subsection (B). City shall have the right to review the number and size of a Commercial Business' Containers and frequency of Collection to evaluate adequacy of capacity provided for the Collection Service for proper separation of materials and containment of materials; and Commercial Businesses shall adjust their service level for their Collection Service as requested by the City.
B.
Except Commercial Businesses that meet the Self-Hauler requirements in Section 5.61.080 of this Chapter, participate in the City's Compostables Collection Service by placing designated materials in designated containers as described below.
1.
Generator
shall place Source Separated Green Container Compostables including
Food Scraps and Yard Trimmings, in the Green Container; Source Separated
Recyclable Materials in the Blue Container; and Gray Container Waste
in the Gray Container. Generators shall not place materials designated
for the Gray Container into the Green Container or Blue Container,
nor place materials designated for the Green or Blue Containers into
the Gray Container.
C.
Supply and allow access to adequate number, size, and location of Containers with sufficient labels or colors (conforming with Subsections (D)(1) and (D)(2) below) for employees, contractors, tenants, and customers, consistent with City's Blue Container, Green Container, and Gray Container Collection Service or, if Self-Hauling, per the Commercial Businesses' instructions to support its compliance with its Self-Haul Program, in accordance with Section 5.61.080.
D.
Excluding
Multi-Family Complexes, provide Containers for the Collection of Source
Separated Green Container Compostables and Source Separated Recyclable
Materials in all indoor and outdoor areas where 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 Containers are provided
for customers. Pursuant to 14 CCR Section 18984.9(b), the Containers
provided by the business shall have either:
1.
A
body or lid that conforms with the Container colors provided through
the Collection Service, with either lids conforming to the color requirements
or bodies conforming to the color requirements or both lids and bodies
conforming to color requirements. A Commercial Business is not required
to replace functional Containers, including Containers purchased prior
to January 1, 2022, that do not comply with the requirements of the
subsection prior to the end of the useful life of those Containers,
or prior to January 1, 2036, whichever comes first.
2.
Container
labels that include language or graphic images, or both, indicating
the primary material accepted and the primary materials prohibited
in that Container, or Containers with imprinted text or graphic images
that indicate the primary materials accepted and primary materials
prohibited in the Container.
E.
Excluding Multi-Family Complexes, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a Container not designated for those materials per the City's Blue Container, Green Container, and Gray Container Collection Service or, if Self-Hauling, per the Commercial Businesses' instructions to support its compliance with its Self-Haul Program, in accordance with Section 5.61.080.
F.
Excluding
Multi-Family Complexes, periodically inspect Blue Containers, Green
Containers, and Gray Containers for Contamination and inform employees
if Containers are contaminated and of the requirements to keep contaminants
out of those Containers pursuant to 14 CCR Section 18984.9(b)(3).
G.
Annually
provide information to employees, contractors, tenants, and customers
about Compostables Recovery requirements and about proper sorting
of Source Separated Green Container Compostables and Source Separated
Blue Cart Recyclable Materials.
H.
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 Compostables and Source Separated Blue Container
Recyclable Materials separate from Gray Container Waste (when applicable)
and the location of Containers and the rules governing their use at
each property.
I.
Provide
or arrange access for City, its agent or designee to their properties
during all Inspections conducted in accordance with Section 5.61.120
of this Chapter to confirm compliance with the requirements of this
Chapter.
J.
Accommodate and cooperate with City's Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, if enacted by City, and which may be implemented at a later date, to evaluate Generator's compliance with Section 5.61.030(B). The Remote Monitoring program may involve installation of Remote Monitoring equipment on or in the Blue Containers, Green Containers, and Gray Containers.
K.
At Commercial
Business's option and subject to any approval required from the City,
implement a Remote Monitoring program for Inspection of the contents
of its Blue Containers, Green Containers, and/or Gray Containers for
the purpose of monitoring the contents of containers to determine
appropriate levels of service and to identify Prohibited Container
Contaminants. Commercial Business Generators may install Remote Monitoring
devices on or in the Blue Containers, Green Containers, and/or Gray
Containers subject to written approval by the Director, which the
Director may grant or deny in the Director's sole discretion.
(O2022-001, 1/4/22)
The Director may waive a Single Family's or Commercial Business'
obligation to comply with some or all of the Compostable requirements
of this Chapter, consistent with applicable state laws and/or regulations.
The Director will develop administrative regulations approved as to
form by the City Attorney and approved by the City Manager for procedures
for requesting, processing and approving waivers.
(O2022-001, 1/4/22)
A.
Tier
One Commercial Edible Food Generators must comply with the requirements
of this Section commencing January 1, 2022, and Tier Two Commercial
Edible Food Generators must comply commencing January 1, 2024, pursuant
to 14 CCR Section 18991.3.
B.
Large
Venue or Large Event operators not providing food services, but allowing
for food to be provided by others, shall require Food Facilities operating
at the Large Venue or Large Event to comply with the requirements
of this Section, commencing January 1, 2024.
C.
Commercial
Edible Food Generators shall comply with the following requirements:
1.
Arrange
to recover the maximum amount of Edible Food that would otherwise
be disposed.
2.
Contract
with, or enter into a written agreement with, Food Recovery Organizations
or Food Recovery Services for: (i) the Collection of Edible Food for
Food Recovery; or (ii) acceptance of the Edible Food that the Commercial
Edible Food Generator self-hauls to the Food Recovery Organization
for Food Recovery.
3.
Shall
not intentionally spoil Edible Food that is capable of being recovered
by a Food Recovery Organization or a Food Recovery Service.
4.
Allow
the Enforcement Officer or Designee 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.
6.
Commencing
no later than February 1, 2023, for Tier One Commercial Edible Food
Generators, and February 1, 2025, for Tier Two Commercial Edible Food
Generators, and unless otherwise specified by the City, no later than
March 31st of each subsequent year, provide an annual Food Recovery
report to the City that includes the following information:
D.
Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Chapter 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).
(O2022-001, 1/4/22)
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.
No later
than March 31st of each year, commencing March 31, 2023 Food Recovery
Organizations and Food Recovery Services that have their primary address
physically located in the City and contract with or have written agreements
with one or more Commercial Edible Food Generators pursuant to 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 Capacity Planning.
In order to support Edible Food Recovery capacity planning assessments
or other studies conducted by the City or its Designee, 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.
(O2022-001, 1/4/22)
A.
The
Authorized Contractor must meet the following requirements and standards
as a condition of approval of a contract, agreement, or other authorization
with the City to collect Compostables:
1.
Through
written notice to the City annually on or before March 31st identify
the facilities to which it will transport Compostables including facilities
for Source Separated Recyclable Materials and Source Separated Green
Container Compostables.
B.
The
Authorized Contractor shall comply with education, equipment, signage,
Container labeling, Container color, Contamination monitoring, reporting,
and other requirements contained within its agreement(s), permit(s),
and license(s) entered into with City.
C.
Requirements
of facility operators and Community Composting operations.
1.
Owners
of facilities, operations, and activities that recover Compostables,
including, but not limited to, landfills, material Recovery facilities,
transfer stations, Compost facilities, in-vessel digestion facilities,
and publicly owned treatment works shall, upon 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.
2.
Community
Composting operators, upon City's request, shall provide information
to the City to support Compostables capacity planning, including,
but not limited to, an estimate of the amount of Compostables anticipated
to be handled at the Community Composting operation. Entities contacted
by the City shall respond within 60 days.
(O2022-001, 1/4/22)
A.
Self-Haulers
shall source separate all Recyclable Material and Compostables (materials
that City otherwise requires Generators to separate for Collection
in the City's Recycling Material and Compostable Collection Service)
generated on-site from MSW in a manner consistent with 14 CCR Sections
18984.1 and 18984.2, or shall haul Compostables to a High Diversion
Compostables Processing Facility in accordance with 14 CCR Section
18984.3.
B.
Self-Haulers
shall haul their Source Separated Recyclable Materials to a facility
that recovers those materials; and haul their Source Separated Green
Container Compostables to a MSW facility, operation, activity, or
property that processes or recovers Source Separated Compostables.
Alternatively, Self-Haulers may haul Compostables to a High Diversion
Compostables Processing Facility.
C.
Self-Haulers
that are Commercial Businesses shall keep a record of the amount of
Compostables delivered to each MSW facility, operation, activity,
or property that processes or recovers Compostables; 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
Compostables.
D.
Self-Haulers that are Commercial Businesses shall provide information collected in Section 5.61.080(C) to City, if requested.
E.
A residential Compostables Generator that self-hauls Compostables, as described in Section 5.60.130 is not required to record or report information in Section 5.61.080(C) and (D).
(O2022-001, 1/4/22)
A.
Persons
applying for a permit from the City for new construction and building
additions and alterations shall comply with the requirements of this
Section and all required components of the California Green Building
Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if
the project is covered by the scope of CALGreen. If the requirements
of CALGreen are more stringent than the requirements of this Section,
the CALGreen requirements shall apply.
C.
For
projects covered by CALGreen, the applicants must, as a condition
of the City's permit approval, comply with the following:
1.
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 and Green Container materials, consistent with the
Collection Services offered by the City, or comply with provision
of adequate space for recycling for Multi-Family Complexes and Commercial
premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1
of the California Green Building Standards Code, 24 CCR, Part 11 as
amended provided amended requirements are more stringent than the
CALGreen requirements for adequate recycling space effective January
1, 2020.
2.
New
Commercial construction or additions resulting in more than 30% of
the floor area shall provide readily accessible areas identified for
the storage and Collection of Blue Container and Green Container materials,
consistent with the Collection Services offered by the City, or shall
comply with provision of adequate space for recycling for Multi-Family
Complexes and Commercial premises pursuant to Sections 4.408.1, 4.410.2,
5.408.1, and 5.410.1 of the California Green Building Standards Code,
24 CCR, Part 11 as amended provided amended requirements are more
stringent than the CALGreen requirements for adequate recycling space
effective January 1, 2020.
3.
Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Compostables in C&D from disposal. Comply with City's C&D ordinance, Chapter 15.32 of this code, and all written and published City policies and/or administrative guidelines regarding the Collection, Recycling, diversion, tracking, and/or reporting of C&D.
(O2022-001, 1/4/22)
A.
An Enforcement
Officer and/or its designated entity, are authorized to conduct Inspections
and investigations, at random or otherwise, of any Container, Collection
Services vehicle loads, or transfer, processing, or disposal facility
for materials collected from Generators, or Source Separated Materials
to confirm compliance with this Chapter by Compostables Generators,
Commercial Businesses, property owners, Commercial Edible Food Generators,
Authorized Contractor, Self-Haulers, Food Recovery Services, and Food
Recovery Organizations, subject to applicable laws. This Section does
not allow City to enter the interior of a private residential property
for Inspection.
B.
All
Compostables Generators shall provide or arrange for access during
all Inspections (with the exception of residential property interiors)
and shall cooperate with the Enforcement Officer and/or its designated
entity, during such Inspections. Such Inspections may include confirmation
of proper placement of materials in Containers, Edible Food Recovery
activities, records, or any other requirement of this Chapter described
herein. Failure to provide or arrange for: (i) access to an entity's
premises; or (ii) 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 a 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 Sections
6250 et seq.
D.
An Enforcement
Officer and/or its designated entity, are authorized to conduct any
Inspections or other investigations as reasonably necessary to further
the goals of this Chapter, subject to applicable laws.
E.
City
may receive written complaints from persons regarding an entity that
may be potentially noncompliant with SB 1383 Regulations, including
receipt of anonymous complaints.
(O2022-001, 1/4/22)
A.
Violation of any provision of this Chapter shall be subject to an Enforcement Action in accordance with Chapter 1.16 of this code.
B.
Responsibility
for Enforcement.
1.
Enforcement
pursuant to this Chapter may be undertaken by an Enforcement Officer,
the Director, or the City Attorney, or combination thereof. Enforcement
may also be undertaken by the Local Enforcement Agency, if designated
and authorized by the City.
2.
An
Enforcement Officer, and/or Local Enforcement Agency (if designated),
will interpret this Chapter to determine if violation(s) have occurred;
implement Enforcement Action(s); determine if compliance standards
are met; and/or issue a Notice of Violation(s).
C.
Process
of Enforcement.
1.
An Enforcement Officer, and/or Local Enforcement Agency (if designated), will monitor compliance with this Chapter randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 5.61.100 establishes City's right to conduct Inspections and investigations.
2.
City
may issue an official notification to regulated entities of its obligations
under this Chapter.
E.
Compliance
Deadline Extension Considerations.
The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Subsection C if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including any of the following:
F.
Appeals.
If the Responsible Person is dissatisfied with an Enforcement Action taken pursuant to this Chapter, the Responsible Person may appeal the decision in accordance with Chapter 1.26 of this code.
G.
Education
Period for Non-Compliance.
Beginning January 1, 2022 and through December 31, 2023, City
or its Designee 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 a MSW, Recyclable,
or Compostables Generator; Self-Hauler; Authorized Contractor; Tier
One Commercial Edible Food Generator; Food Recovery Organization;
Food Recovery Service; or other entity is not in compliance, the City
will provide educational materials to the noncomplying entity describing
its obligations under this Chapter, 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.
H.
Civil
Penalties for Non-Compliance.
Beginning January 1, 2024, if the City determines that a MSW,
Recyclable or Compostables Generator; Self-Hauler; Authorized Contractor;
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, the City will document the noncompliance or violation,
issue a Notice of Violation, and take Enforcement Action pursuant
to this Section, as needed.
(O2022-001, 1/4/22)
