The city of South San Francisco finds and declares:
(a)
State
recycling law, Assembly Bill 939 of 1989, the California Integrated
Waste Management Act of 1989 (California Public Resources Code Section
40000, et seq., as amended, supplemented, superseded, and replaced
from time to time), requires cities and counties to reduce, reuse,
and recycle (including composting) solid waste generated in their
jurisdictions to the maximum extent feasible before any incineration
or landfill disposal of waste, to conserve water, energy, and other
natural resources, and to protect the environment.
(b)
State
recycling law, Assembly Bill 341 of 2011 (approved by the Governor
of the State of California on October 5, 2011, which amended Sections
41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001
of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8
(commencing with Section 42649) to Part 3 of Division 30 of, and added
and repealed Section 41780.02 of, the Public Resources Code, as amended,
supplemented, superseded and replaced from time to time), places requirements
on businesses and multifamily property owners that generate a specified
threshold amount of solid waste to arrange for recycling services
and requires jurisdictions to implement a mandatory commercial recycling
program.
(c)
State
organics recycling law, Assembly Bill 1826 of 2014 (approved by the
Governor of the State of California on September 28, 2014, which added
Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division
30 of the Public Resources Code, relating to solid waste, as amended,
supplemented, superseded, and replaced from time to time), requires
businesses and multifamily property owners that generate a specified
threshold amount of solid waste, recycling, and organic waste per
week to arrange for recycling services for that waste, requires jurisdictions
to implement a recycling program to divert organic waste from businesses
subject to the law, and requires jurisdictions to implement a mandatory
commercial organics recycling program.
(d)
SB
1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
CalRecycle to develop regulations to reduce organics in landfills
as a source of methane. The regulations place requirements on multiple
entities including jurisdictions, residential households, commercial
businesses and business owners, commercial edible food generators,
haulers, self-haulers, food recovery organizations, and food recovery
services to support achievement of statewide organic waste disposal
reduction targets.
(e)
SB
1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires
jurisdictions to adopt and enforce a chapter or enforceable mechanism
to implement relevant provisions of SB 1383 Regulations. This chapter
will also help reduce food insecurity by requiring commercial edible
food generators to arrange to have the maximum amount of their edible
food, that would otherwise be disposed, recovered for human consumption.
(f)
Requirements in this chapter are consistent with other adopted goals and policies of the city including: the city’s general plan, purchasing procedures, South San Francisco Municipal Code provisions, including, but not limited to, those relating to Water Efficient Landscape (Section 20.300.007) and Construction and Demolition (Chapter 15.60), and greenhouse gas reduction and local climate action goals.
(Ord. 1628 § 2, 2021)
This chapter shall be entitled “Mandatory Organic Waste
Disposal Reduction.”
(Ord. 1628 § 2, 2021)
The following terms and definitions shall apply for the purposes of this Chapter. Where applicable, the terms and definitions described below shall have the same meaning as set forth under the corresponding provisions of California Code of Regulations, Title 14, § 18982.2 (14 CCR § 18982.2) and as respectively restated here. If any definition under 14 CCR § 18982.2 contradicts a definition set forth in this Chapter, the definition under 14 CCR § 18982.2 shall govern. If a definition under 14 CCR § 18982.2 is subsequently modified or replaced after the effective date of the enabling ordinance of this Chapter, the definition under 14 CCR § 18982.2 shall govern.
shall be used for the purpose of storage and collection of
source separated recyclable materials or source separated blue container
organic waste, and means a container where either:
means California’s Department of Resources Recycling
and Recovery, which is the department designated with responsibility
for developing, implementing, and enforcing SB 1383 Regulations on
jurisdictions (and others).
means the city of South San Francisco.
means the city manager or his or her designee, the city attorney,
or the individual or entity duly authorized by the city, as applicable,
who is/are partially or wholly responsible for enforcing the requirements
of this chapter.
means, unless otherwise specified, the South San Francisco
Municipal Code.
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, strip
mall, industrial facility, or a multifamily residential dwelling.
A multifamily residential dwelling that consists of fewer than five
units is not a commercial business for purposes of this chapter.
includes a tier one or a tier two commercial edible food
generator as defined in this section. For the purposes of this definition,
food recovery organizations and food recovery services are not commercial
edible food generators.
means a review of records by the city or its designee 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 one hundred cubic yards and seven
hundred fifty square feet.
means the product resulting from the controlled biological
decomposition of organic solid wastes that are source separated from
the municipal solid waste stream, or which are separated at a centralized
facility.
means plastic materials that meet the ASTM D6400 standard
for compostability.
means either a blue, gray, or green container described in
this chapter.
means a container, regardless of color, that contains prohibited
container contaminants.
means construction and demolition debris.
as defined in 14 CCR Section 18982(14.5), means a solid waste
facility that accepts a source separated organic waste collection
stream as defined in 14 CCR Section 17402(a)(26.6) and complies with
one of the following:
The facility is a "transfer/processor," as defined in 14 CCR
Section 18815.2(a)(62), that is in compliance with the reporting requirements
of 14 CCR Section 18815.5(d), and meets or exceeds an annual average
source separated organic content recovery rate of fifty percent between
January 1, 2022 and December 31, 2024 and seventy-five percent on
and after January 1, 2025 as calculated pursuant to 14 CCR Section
18815.5(£) for organic waste received from the source separated
organic waste collection stream.
If a transfer/processor has an annual average source separated
organic content recovery rate lower than the rate required in Paragraph
1 of this definition for two consecutive reporting periods, or three
reporting periods within three years, the facility shall not qualify
as a "designated source separated organic waste facility."
The facility is a "composting operation" or "composting facility"
as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the
reports submitted under 14 CCR Section 18815.7 demonstrates that the
percent of the material removed for landfill disposal that is organic
waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2)
or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies
with the digestate handling requirements specified in 14 CCR Section
17896.5.
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If the percent of the material removed for landfill disposal
that is organic waste is more than the percent specified in 14 CCR
Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two consecutive reporting
periods, or three reporting periods within three years, the facility
shall not qualify as a "designated source separated organic waste
facility." For the purposes of this section, the reporting periods
shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).
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means the person or entity with whom the city has contracted
or otherwise arranges to carry out any of the city’s responsibilities
of this chapter. For the purpose of edible food recovery administration
pursuant to this chapter only, designee means the county of San Mateo
and its Office of Sustainability.
means the actions of a tier one or tier two commercial edible
food generator in supplying food for recovery that the food recovery
organization or food recovery service is unable to accept, supplying
large amounts of food unfit for human consumption, and/or the self-hauling
and dropping off of edible food to any food recovery organization
or food recovery service without a contract to do so, or in violation
of the terms of an existing contract regarding the type of edible
food accepted, the hours of acceptance of self-haul, or the preparation
and packaging requirements.
means food intended for and fit for human consumption and
collected or received from a tier one or tier two commercial edible
food generator. For the purposes of this chapter, “edible food”
is not solid waste if it is recovered and not discarded. Nothing in
this chapter requires or authorizes the edible food recovery that
does not meet the food safety requirements of the California Retail
Food Code.
means actions to collect, receive, and/or re-distribute edible
food for human consumption from tier one and tier two commercial edible
food generators that otherwise would be disposed.
means an action of the city taken to address noncompliance
with this chapter, including, but not limited to, issuing administrative
citations, fines, penalties, or using other remedies.
means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious,
regulated radioactive waste, and toxic substances or material that
facility operator(s), which receive materials from the 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 concentrations of waste of
a type and amount normally found in single-family or multifamily solid
waste after implementation of programs for the safe collection, processing,
recycling, treatment, and disposal of batteries and paint in compliance
with Sections 41500 and 41802 of the California Public Resources Code.
means the franchise agreement between the city and the exclusive
franchised hauler.
means a company that distributes food to entities, including,
but not limited to, supermarkets and grocery stores.
means an operation that stores, prepares, packages, serves,
vends, or otherwise provides food for human consumption at the retail
level, as set forth in Section 113789 of the Health and Safety Code.
means an entity that engages in the collection or receipt
of edible food from tier one or tier two commercial edible food generators
and distributes that edible food either directly or through other
entities, including, but not limited to:
A food bank as defined in Section 113783 of the Health and Safety
Code;
A nonprofit charitable organization as defined in Section 113841
of the Health and Safety code; and
A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code.
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A food recovery organization is not a commercial edible food
generator for the purposes of this chapter.
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means a person or entity that collects and transports edible
food from a tier one or commercial edible food generator to a food
recovery organization or other entities for food recovery. A food
recovery service is not a commercial edible food generator for the
purposes of this chapter.
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 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.
is compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates,
paper coffee cups, napkins, pizza boxes, and milk cartons, but excluding
paper containers that are lined with, or otherwise include, non-compostable
materials.
means food scraps, food-soiled paper, and compostable plastics.
shall be used for the purpose of storage and collection of
gray container waste and means a container where either:
shall be used for the purpose of storage and collection of
source separated green container organic waste and means a container
where either:
means carbon dioxide (CO2), methane
(CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons
(HFC), perfluorocarbons (PFC), and other fluorinated greenhouse gases
defined in 14 CCR Section 18982.
means actions designed to achieve a calculated decrease in
greenhouse gas emissions over time.
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.
means the designated itinerary or sequence of stops for each
segment of the city’s collection service area.
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 fifty
percent between January 1, 2022 and December 31, 2024, and seventy-five
percent after January 1, 2025, as calculated pursuant to 14 CCR Section
18815.5(e) for organic waste received from the “mixed waste
organic collection stream” as defined in 14 CCR Section 17402(a)(11.5).
means a site visit where the city or its designee reviews
records, containers, and an entity’s collection, handling, recycling,
or landfill disposal of organic waste or edible food handling to determine
if the entity is complying with requirements set forth in this chapter,
or as otherwise defined in 14 CCR Section 18982(a)(35). For the purposes
of edible food recovery in this chapter, “inspection”
includes actions to review contracts and other records related to
the recovery of edible food, and may occur off-site via email and
other forms of electronic communication, as well as the on-site review
of an entity’s records and collection, handling, and other procedures
for the recovery of edible food to determine if the entity is complying
with the requirements of this chapter.
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 two thousand
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 two thousand individuals within the grounds
of the facility per day of operation of the venue facility. For purposes
of this chapter, 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, a site under common ownership or control that includes
more than one large venue that is contiguous with other large venues
in the site is a single large venue.
means a school district, charter school, or county office
of education that is not subject to the control of city or county
regulations related to solid waste.
means, for the purposes of this chapter, of, from, or pertaining
to residential premises with five or more dwelling units. Multifamily
premises do not include hotels, motels, or other transient occupancy
facilities, which are considered commercial businesses.
includes, but is not limited to, paper that is coated in
a plastic material that will not breakdown in the composting process.
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 a notice that a violation has occurred that includes
a compliance date to avoid an action to seek penalties.
means solid wastes containing material originated from living
organisms and their metabolic waste products, including, but not limited
to, food, green material, landscape and pruning waste, organic textiles
and carpets, lumber, wood, paper products, printing and writing paper,
manure, biosolids, digestate, and sludges or as otherwise defined
in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined
by 14 CCR Section 18982(a).
means a person or entity that is responsible for the initial
creation of organic waste.
include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated
boxes, tissue, and toweling.
include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, posters, index cards, calendars,
brochures, reports, magazines, and publications.
means the following: (1) discarded materials placed in the
blue container that are not identified as acceptable source separated
recyclable materials for the city or designee’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 or designee’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 or designee’s green
container and/or blue container; and (4) excluded waste placed in
any container.
means products made from California, landfill-diverted recovered
organic waste processed in a permitted or otherwise authorized facility,
or as otherwise defined in 14 CCR Section 18982(a)(60).
means paper products and printing and writing paper that
consists of at least thirty percent, by fiber weight, postconsumer
fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
means regional agency as defined in Public Resources Code
Section 40181.
means a regional or county agency enforcement official, designated
by the city with responsibility for enforcing this chapter.
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.
means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person using the generator's own personnel and equipment, to the extent permitted by Chapter 8.16 of this code and the exclusive franchise. Self-Hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). For the purposes of edible food recovery, "self-hauler" means a commercial edible food generator which holds a contract with and hauls edible food to a food recovery organization or other site for redistribution according to the requirements of this chapter.
means, for the purpose of this chapter, of, from, or pertaining
to any residential premises with fewer than five units.
has the same meaning as defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and
nonputrescible solid, semi-solid, and liquid wastes, including garbage,
trash, refuse, paper, rubbish, ashes, industrial wastes, demolition
and construction wastes, abandoned vehicles and parts thereof, discarded
home and industrial appliances, dewatered, treated, or chemically
fixed sewage sludge which is not hazardous waste, manure, vegetable
or animal solid and semi-solid wastes, and other discarded solid and
semi-solid wastes, with the exception that solid waste does not include
any of the following wastes:
Hazardous waste, as defined in the State Public Resources Code
Section 40141.
Radioactive waste regulated pursuant to the State Radiation
Control Law (Chapter 8 (commencing with Section 114960) of Part 9
of Division 104 of the State Health and Safety Code).
Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division
104 of the State Health and Safety Code). Untreated medical waste
shall not be disposed of in a solid waste landfill, as defined in
State Public Resources Code Section 40195.1. Medical waste that has
been treated and deemed to be solid waste shall be regulated pursuant
to Division 30 of the State Public Resources Code.
means materials, including commingled recyclable materials,
that have been separated or kept separate from the solid waste stream,
at the point of generation, for the purpose of additional sorting
or processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products, which meet the quality standards
necessary to be used in the marketplace, or as otherwise defined in
14 CCR Section 17402.5(b)(4). For the purposes of this chapter, source
separated shall include separation of materials by the generator,
property owner, property owner’s employee, property manager,
or property manager’s employee into different containers for
the purpose of collection such that source separated materials are
separated from gray container waste/mixed waste or other solid waste
for the purposes of collection and processing.
means source separated organic wastes that can be placed
in a blue container that is limited to the collection of those organic
wastes and non-organic recyclables.
means source separated organic waste that can be placed in
a green container that is specifically intended for the separate collection
of organic waste by the generator, excluding source separated blue
container organic waste, carpets, non-compostable paper, and textiles.
means source separated non-organic recyclables and source
separated blue container organic waste.
means the state of California.
means a full-line, self-service retail store with gross annual
sales of two million dollars, or more, and which sells a line of dry
grocery, canned goods, or nonfood items and some perishable items.
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 two hundred fifty or more seats, or a total
facility size equal to or greater five thousand square feet.
Hotel with an on-site food facility and two hundred or more
rooms.
Health facility with an on-site food facility and one hundred
or more beds.
Large venue.
Large event.
A state agency with a cafeteria with two hundred fifty or more
seats or total cafeteria facility size equal to or greater than five
thousand square feet.
A local education agency facility with an on-site food facility.
means a collection service that collects green waste and
yard waste that is 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
organic waste.
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.
(Ord. 1628 § 2, 2021; Ord. 1661, 9/25/2024)
(a)
Single-family organic waste generators shall:
(1)
Be automatically enrolled in the city's three-container
organic waste collection services with a minimum source separated
recyclable materials service level of sixty-four gallons per week,
and with a minimum source separated green container organic waste
service level of thirty-two gallons per week. The city or its designee
shall have the authority to change these minimum required levels of
service over time. The city or its designee shall have the right to
review the number, size, and location of a generator's containers
to evaluate adequacy of capacity provided for each type of collection
service for proper separation of materials and containment of materials;
and, generator shall adjust its service level for its collection services
as requested by the city or its designee.
(2)
Participate in the city's three-container system for source
separated recyclable materials, source separated green container organic
materials, and gray container waste collection services. Generator
participation in the collection programs requires that generators
place source separated green container organic waste, including food
waste, in the green container; source separated recyclable materials
in the blue container; and gray container waste in the gray container.
Generators shall not place materials designated for the gray container
into the green container or blue container.
(3)
Nothing in this section prohibits a generator from preventing
or reducing waste generation, managing organic waste on site, and/or
using a community composting site pursuant to 14 CCR Section 18984.9(c).
(4)
Subscribe to the city's organic waste collection services
for all organic waste generated as described below in subsection (a)(5).
The city shall have the right to review the number and size of a generator's
containers to evaluate adequacy of capacity provided for each type
of collection service for proper separation of materials and containment
of materials, and each single-family generator shall adjust its service
level for its collection services as requested by the city. Generators
may additionally manage their organic waste by preventing or reducing
their organic waste, managing organic waste on site, and/or using
a community composting site pursuant to 14 CCR Section 18984.9(c).
(5)
Participate in the city's organic waste collection service(s)
by placing designated materials in designated containers as follows.
Generators shall place source separated green container organic waste,
including food waste, in the green container; source separated recyclable
materials in the blue container; and gray container waste in the gray
container. Generators shall not place materials designated for the
gray container into the green container or blue container. Generators
shall not place prohibited container contaminants in collection containers.
(b)
Commercial businesses, including multi-family residential dwellings,
shall:
(1)
Be automatically enrolled in the city's three-container
organic waste collection services with a source separated recyclable
materials service level of ninety-six gallons, and with a source separated
green container organic waste service level of thirty-two gallons,
as approved by the city or its designee. The city or its designee
shall have the authority to change the minimum required service levels
over time. The commercial business's source separated recyclable
materials service level and source separated green container organic
waste service level must be sufficient for the amount of source separated
recyclable materials and source separated green container organic
waste generated by the commercial business. The city or its designee
shall have the right to review the number, size, and location of a
generator's containers and frequency of collection to evaluate
adequacy of capacity provided for each type of collection service
for proper separation of materials and containment of materials; and
commercial business shall adjust its service level for its collection
services as requested by the city or its designee.
(2)
Participate in and comply with the city's three-container
(blue container, green container, and gray container) collection service
by placing designated materials in designated containers as described
below. Generator shall place source separated green container organic
waste, including food waste, in the green container; source separated
recyclable materials in the blue container; and gray container waste
in the gray container. Generators shall not place materials designated
for the gray container into the green container or blue container.
(3)
Supply and allow access to adequate number size, and location
of collection containers with sufficient labels or colors (conforming
with Sections (b)(4)(A) and (b)(4)(B) below), for employees, contractors,
tenants and customers, consistent with the city's blue container,
green container, and gray container collection service.
(4)
Excluding multi-family residential dwellings, provide containers
for the collection of source separated green container organic waste,
and source separated recyclable materials in all indoor and outdoor
areas where disposal containers are provided for customers, for materials
generated by that business. Such containers do not need to be provided
in restrooms. If a commercial business does not generate any of the
materials that would be collected in one type of container, then the
business does not have to provide that particular type of container
in all areas where disposal containers are provided for customers.
Pursuant to 14 CCR Section 18984.9(b), the containers provided by
the business shall have either:
(A)
A body or lid that conforms with the container colors provided
through the collection service provided by the city, with either lids
conforming to the color requirements or bodies conforming to the color
requirements or both lids and bodies conforming to the 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.
(B)
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 14 CCR Section 18984.8,
the container labels are required on new containers commencing January
1, 2022.
(5)
Excluding multi-family residential dwellings, prohibit employees
from placing materials in a container not designated for those materials
in accordance with the city's organic waste, non-organic recyclables,
and non-organic waste collection service to the extent practical through
education, training, inspection, and/or other measures.
(6)
Excluding multi-family residential dwellings, weekly inspect
blue container, green container, 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).
(7)
Annually provide information to employees, contractors, tenants,
and customers about organic waste recovery requirements and about
proper sorting of source separated green container organic waste and
source separated recyclable materials.
(8)
Provide education information before or within fourteen days
of occupation of the premises to new tenants that describes requirements
to keep source separated green container organic waste and source
separated recyclable materials separate from gray container waste
(when applicable) and the location of containers and the rules governing
their use at each property.
(9)
Provide or arrange access for the city or its designee, or their respective agents, to their properties during all inspections conducted in accordance with Section 8.27.130 of this chapter to confirm compliance with the requirements of this chapter.
(10)
Nothing in this section prohibits a generator from preventing
or reducing waste generation, managing organic waste on site, or using
a community composting site pursuant to 14 CCR Section 18984.9(c).
(11)
Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements under Section 8.27.070.
(12)
Subscribe to the city's three-container collection services and comply with requirements of those services as described below in subsection (b)(13), except commercial businesses that meet the self-hauler requirements in Section 8.27.100. The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials, and each commercial business shall adjust its service level for its collection services as requested by the city.
(13)
Except commercial businesses that meet the self-hauler requirements of Section 8.27.100, participate in the city's organic waste collection service(s) by placing designated materials in designated containers as follows: Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the appropriate blue container (paper, recyclables containers, or cardboard); and gray container waste in the gray container. Generator shall not place materials designated for the gray container into the green container or blue container.
(14)
Supply and allow access to adequate number, size and location
of collection containers with sufficient labels or colors (conforming
with subsections (b)(15)(A) and (b)(15)(B) 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 business's instructions to support its compliance
with its self-haul program.
(15)
Excluding multi-family residential dwellings, provide containers
for the collection of source separated green container organic waste
and source separated recyclable materials in all indoor and outdoor
areas where disposal containers are provided for customers, for materials
generated by that business. Such containers do not need to be provided
in restrooms. If a commercial business does not generate any of the
materials that would be collected in one type of container, then the
business does not have to provide that particular container in all
areas where disposal containers are provided for customers. Pursuant
to 14 CCR Section 18984.9(b), the containers provided by the business
shall have either:
(A)
A body or lid that conforms with the container
colors provided through the collection service provided by the city,
with either lids conforming to the color requirements or bodies conforming
to the color requirements or both lids and bodies conforming to color
requirements. A commercial business is not required to replace functional
containers, including containers purchased prior to January 1, 2022,
that do not comply with the requirements of this subsection (b)(15)
prior to the end of the useful life of those containers, or prior
to January 1, 2036, whichever comes first.
(B)
Container labels that include language or graphic
images, or both, indicating the primary materials 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.
(16)
Multi-family residential dwellings are not required to comply
with container placement requirements or labeling requirements in
Section 6(d) pursuant to 14 CCR Section 18984.9(b).
(17)
To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's blue container, green container, and gray container collection service or, if self-hauling, per the commercial business's instructions to support its compliance with its self-haul program, in accordance with this Chapter 8.27.
(18)
Excluding multi-family residential dwellings, periodically inspect
blue containers, green containers, and gray containers for contamination
and inform employees if containers are contaminated and of the requirements
to keep contaminants out of those containers pursuant to 14 CCR Section
18984.9(b)(3).
(19)
Annually provide information to employees, contractors, tenants,
and customers about organic waste recovery requirements and about
proper sorting of source separated green container organic waste and
source separated recyclable materials.
(20)
Provide education information before or within fourteen days
after occupation of the premises to new tenants that describes requirements
to keep source separated green container organic waste and source
separated recyclable materials separate from gray container waste
(when applicable) and the location of containers and the rules governing
their use at each property.
(21)
Provide or arrange access for the city or its employees, agents
and representatives to their properties during all inspections conducted
in accordance with Section 16 of the ordinance codified in this section
to confirm compliance with the requirements of said ordinance.
(22)
A commercial business desiring to self-haul shall meet the self-hauler requirements in Section 8.27.100.
(Ord. 1628 § 2, 2021; Ord. 1661, 9/25/2024)
Commercial businesses shall:
(a)
Be
automatically enrolled in the city’s three-container organic
waste collection services with a source separated recyclable materials
service level of ninety-six gallons, and with a source separated green
container organic waste service level of thirty-two gallons, as approved
by the city or its designee. The city or its designee shall have the
authority to change the minimum required service levels over time.
The commercial business’ source separated recyclable materials
service level and source separated green container organic waste service
level must be sufficient for the amount of source separated recyclable
materials and source separated green container organic waste generated
by the commercial business. The city or its designee shall have the
right to review the number, size, and location of a generator’s
containers and frequency of collection to evaluate adequacy of capacity
provided for each type of collection service for proper separation
of materials and containment of materials; and commercial business
shall adjust its service level for its collection services as requested
by the city or its designee.
(b)
Participate
in and comply with the city’s three-container (blue container,
green container, and gray container) collection service by placing
designated materials in designated containers as described below.
Generators shall place source separated green container organic waste,
including food waste, in the green container; source separated recyclable
materials in the blue container; and gray container waste in the gray
container. Generators shall not place materials designated for the
gray container into the green container or blue container.
(c)
Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (d)(1) and (d)(2) below), for employees, contractors, tenants and customers, consistent with the city’s blue container, green container, and gray container collection service.
(d)
Excluding
multifamily residential dwellings, provide containers for the collection
of source separated green container organic waste, and source separated
recyclable materials in all indoor and outdoor areas where disposal
containers are provided for customers, for materials generated by
that business. Such containers do not need to be provided in restrooms.
If a commercial business does not generate any of the materials that
would be collected in one type of container, then the business does
not have to provide that particular type of container in all areas
where disposal containers are provided for customers. Pursuant to
14 CCR Section 18984.9(b), the containers provided by the business
shall have either:
(1)
A body or lid that conforms with the container colors provided through
the collection service provided by the city, with either lids conforming
to the color requirements or bodies conforming to the color requirements
or both lids and bodies conforming to the color requirements. A commercial
business is not required to replace functional containers, including
containers purchased prior to January 1, 2022, that do not comply
with the requirements of the subsection prior to the end of the useful
life of those containers, or prior to January 1, 2036, whichever comes
first.
(2)
Container labels that include language or graphic images or both
indicating the primary material accepted and the primary materials
prohibited in that container or containers with imprinted text or
graphic images that indicate the primary materials accepted and primary
materials prohibited in the container. Pursuant 14 CCR Section 18984.8,
the container labels are required on new containers commencing January
1, 2022.
(e)
Excluding
multifamily residential dwellings, prohibit employees from placing
materials in a container not designated for those materials in accordance
with the city’s organic waste, non-organic recyclables, and
non-organic waste collection service to the extent practical through
education, training, inspection, and/or other measures.
(f)
Excluding
multifamily residential dwellings, weekly inspect blue container,
green container, 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 organic waste recovery requirements and about proper sorting
of source separated green container organic waste and source separated
recyclable materials.
(h)
Provide
education information before or within fourteen days of occupation
of the premises to new tenants that describes requirements to keep
source separated green container organic waste and source separated
recyclable materials separate from gray container waste (when applicable)
and the location of containers and the rules governing their use at
each property.
(i)
Provide or arrange access for the city or its designee, or their respective agents, to their properties during all inspections conducted in accordance with Section 8.27.130 of this chapter to confirm compliance with the requirements of this chapter.
(Ord. 1628 § 2, 2021)
(a)
De Minimis Waivers. The city may grant a de minimis waiver to a commercial business for complying with the organic waste requirements of this chapter, if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection (a)(2) below. The number of requirements that may be waived pursuant to a waiver granted by the city shall be determined by the city based on the particular operational circumstances of each commercial business as demonstrated by the submittals 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 as noted in subsection (a)(2)
below.
(2)
Provide documentation that either:
(A)
The commercial business’ total solid waste collection service
is two cubic yards or more per week and organic waste subject to collection
in a blue container or green container comprises less than twenty
gallons per week per applicable container of the business’ total
waste; or
(B)
The commercial business’ total solid waste collection service
is less than two cubic yards per week and organic waste subject to
collection in a blue container or green container comprises less than
ten gallons per week per applicable container of the business’
total waste.
(3)
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.
(4)
Provide written verification of eligibility for de minimis waiver
every five years, if the city has approved de minimis waiver.
(b)
Physical Space Waivers. The city may grant a physical space waiver to a commercial business for complying with the recyclable materials and/or organic waste collection service requirements of this chapter, if the city receives evidence from its own staff, its designee, the commercial business requesting a waiver, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of Section 8.27.050 of this chapter. The number of requirements that may be waived pursuant to a waiver granted by the city shall be determined by the city based on the particular operational circumstances of each commercial business as demonstrated by the foregoing evidence or the submittals described below.
A commercial business may request a physical space waiver through
the following process:
(1)
Submit an application form specifying the type(s) of collection services
for which they are requesting a compliance waiver.
(2)
Provide documentation that the premises lacks adequate space for
blue containers and/or green containers including documentation from
its hauler, licensed architect, or licensed engineer.
(3)
Provide written verification to city that it is still eligible for
physical space waiver every five years, if city has approved application
for a physical space waiver.
(c)
Collection
Frequency Waiver. The city, at its discretion and in accordance with
14 CCR <<https://resolve.ecode360.com/state_code/ca/ca_ccr>>
Section 18984.11(a)(3), may allow the owner or tenant of any residence,
premises, business establishment or industry that subscribes to the
city's three-container organic waste collection service to arrange
for the collection of their blue container, gray container, or both
once every fourteen days, rather than once per week. Notwithstanding
the grant of an exception under this subsection, however, containers
containing putrescible materials must be collected once every seven
days.
(d)
Review
and Approval of Waivers. The city manager or his or her designee shall
have the authority to review and approve waivers described in the
foregoing sections.
(Ord. 1628 § 2, 2021; Ord. 1661, 9/25/2024)
(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)
Tier
one and tier two 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)
Use the CalRecycle Model Food Recovery Agreement or the contractual elements contained in Section 8.27.080 of this chapter to contract with, or otherwise enter into a written agreement with food recovery organizations or food recovery services for:
(3)
Contract with food recovery organizations and food recovery services
able to demonstrate a positive reduction in greenhouse gas emissions
from their edible food recovery activity.
(4)
Shall not intentionally spoil edible food that is capable of being
recovered by a food recovery organization or a food recovery service.
(5)
Allow the city or its designee access to the premises and to inspect
procedures and review records and provide such records electronically
if requested by the city or its designee.
(6)
Keep records that include the following information:
(A)
A list of each food recovery organization or a food recovery service
that collects or receives edible food from the tier one or tier two
commercial edible food generator pursuant to a contract or written
agreement as required by this chapter.
(B)
A copy of all contracts or written agreements established under the
provisions of this chapter.
(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 schedule or frequency that food will be collected
or self-hauled.
(iv)
The quantity of food, measured in pounds recovered per month,
collected or self-hauled to a food recovery service or food recovery
organization for food recovery.
(7)
No later than June 30th of each year commencing no later than July
1, 2022 for tier one commercial edible food generators and July 1,
2024 for tier two commercial edible food generators, provide an annual
food recovery report to the city that includes the following information:
a list of all contracts with food recovery organizations and food
recovery services, the amount and type of edible food donated to food
recovery organizations and food recovery services, the schedule of
edible food pickup by food recovery organizations and food recovery
services, a list of all types of edible food categories they generate,
such as “baked goods,” that are not accepted by the food
recovery organizations and food recovery services with whom they contract,
the contact information for the manager and all staff responsible
for edible food recovery, and certification that all staff responsible
for edible food recovery have obtained a food handler card through
an American National Standards Institute (ANSI) accredited training
provider that meets ASTM International E2659-09 Standard Practice
for Certificate Programs, such as ServSafe. With the exception of
the food safety and handling training certification, tier one and
tier two commercial edible food generators may coordinate with their
edible food recovery contractors to supply this information.
(8)
Require all edible food recovery staff to comply with applicable
donation guidelines or other similar regulations established by and
that are most currently in effect for each food recovery organization
or food recovery service with which the generator contracts, and to
attend trainings conducted by regarding best practices and requirements
for the timely identification, selection, preparation, and storage
of edible food to ensure the maximum amount of edible food is recovered
and to avoid supplying food for collection that is moldy, has been
improperly stored, or is otherwise unfit for human consumption.
(9)
For tier one and tier two commercial edible food generators who self-haul
edible food, require all staff transporting edible food for recovery
to obtain a food handler card through an American National Standards
Institute (ANSI) accredited training provider that meets ASTM International
E2659-09 Standard Practice for Certificate Programs, such as ServSafe
and follow the best practices and standards for proper temperature
control, methods, and procedures for the safe handling and transport
of food.
(d)
Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. 1628 § 2, 2021; )
(a)
Food
recovery services operating in the city collecting or receiving edible
food directly from tier one and/or tier two commercial edible food
generators, via a contract or written agreement established under
the requirements of this chapter, shall maintain the following records:
(1)
The name, address, and contact information for each tier one and
tier two commercial edible food generator from which the service collects
edible food.
(2)
The quantity in pounds of edible food by type collected from each
tier one and tier two commercial edible food generator per month.
(3)
The quantity in pounds of edible food by type transported to each
food recovery organization or redistribution site per month.
(4)
The name, address, and contact information for each food recovery
organization or redistribution site that the food recovery service
transports edible food to for edible food recovery.
(b)
Food
recovery organizations operating in the city collecting or receiving
edible food directly from tier one and/or tier two commercial edible
food generators, via a contract or written agreement established under
the requirements of this chapter, or receiving edible food from food
recovery services or from other food recovery organizations, shall
maintain the following records:
(1)
The name, address, and contact information for each tier one and
tier two commercial edible food generator, food recovery service,
or other food recovery organization from which the organization collects
or receives edible food.
(2)
The quantity in pounds of edible food by type collected or received
from each tier one or tier two commercial edible food generator, food
recovery service, or other food recovery organization per month.
(3)
The name, address, and contact information for each food recovery
organizations or redistribution sites that the food recovery organization
transports edible food to for edible food recovery.
(c)
Food
recovery organizations and food recovery services operating in the
city shall inform tier one and tier two commercial edible food generators
from which they collect or receive edible food about California and
Federal Good Samaritan Food Donation Act protection in written communications,
such as in their contract or agreement established as required by
this chapter.
(d)
Commencing
no later than July 1, 2022, food recovery organizations and food recovery
services operating in the city and collecting or receiving edible
food from tier one and tier two commercial edible food generators
or any other source shall report to the city or its designee the following:
(1) a detailed edible food activity report of the information collected
as required under this chapter, including weight in pounds by type
and source of edible food; (2) the schedule/frequency of pickups/drop-offs
of edible food from/to each edible food source or redistribution site;
(3) brief analysis of any necessary process improvements or additional
infrastructure needed to support edible food recovery efforts, such
as training, staffing, refrigeration, vehicles, etc.; and (4) an up
to date list of tier one and tier two commercial edible food generators
with whom they have contracts or agreements established as required
under this chapter. This edible food activity report shall be submitted
quarterly, or at the discretion of the city or its designee, less
frequently, and shall cover the activity that occurred since the period
of the last submission.
(e)
Prior
to executing new agreements or contracts with tier one or tier two
commercial edible food generators, food recovery organizations and
food recovery services operating in the city shall consult and review
with the city or its designee the requirements of this chapter in
or to ensure compliance with the requirements described herein. In
addition, it shall be the responsibilities of food recovery organizations
and food recovery services operating in the city to ensure that any
existing agreements with tier one or tier two commercial edible food
generators comply with the requirements of this chapter after the
effective date of the enabling ordinance, including consulting with
the city or its designee the necessary steps to be taken for compliance.
(f)
In
order to provide the required records to the state, the city or its
designee, and tier one or tier two commercial edible food generators,
contracts between food recovery organizations and food recovery services
operating in the city and tier one and tier two commercial edible
food generators shall either:
(1)
Use the Model Food Recovery Agreement developed by CalRecycle and
include provisions requiring the food recovery organization or food
recovery service to report to the tier one and tier two commercial
edible food generators with whom they have contracts the annual amount
of edible food recovered and to inform them of the tax benefits available
to those who donate edible food to non-profits.
(2)
Or, if the CalRecycle Model is not utilized, include in their contracts
the following elements:
(A)
List/description of allowable foods the food recovery organization/food
recovery service will receive.
(B)
List/description of foods not accepted by the food recovery organization/food
recovery service.
(C)
Conditions for refusal of food.
(D)
Food safety requirements, training, and protocols.
(E)
Transportation and storage requirements and training.
(F)
A protocol for informing the tier one or tier two commercial edible
food generators of a missed or delayed pickup.
(G)
Notice that donation dumping is prohibited.
(H)
Provisions to collect sufficient information to meet the record-keeping
requirements of this chapter.
(I)
Fees/financial contributions / acknowledgement of terms for the pickup
and redistribution of edible food.
(J)
Terms and conditions consistent with the CalRecycle Model Food Recovery
Agreement.
(K)
Information supplying the tier one or tier two commercial edible
food generators with the annual amount of edible food recovered and
informing them of the tax benefits that may be available to those
who donate edible food to non-profits.
(L)
Contact name, address, phone number, and email for both responsible
parties, including the current on-site staff responsible for edible
food recovery.
(M)
Food recovery organizations accepting self-hauling of edible food
from tier one and tier two commercial edible food generators must
provide a schedule, including days of the week and acceptable times
for drop-offs, and information about any limitation on the amount
of food accepted, and/or the packaging requirements or other conditions
of transport, such as, but not limited to, maintaining proper temperature
control, and other requirements for the safe handling and transport
of food, the self-hauler must follow for the edible food to be accepted.
(g)
Food
recovery organizations and food recovery services operating in the
city shall demonstrate that all persons, including volunteers and
contracted workers using their own vehicle, involved in the handling
or transport of edible food, have obtained a food handler card through
an American National Standards Institute (ANSI) accredited training
provider that meets ASTM International E2659-09 Standard Practice
for Certificate Programs, such as ServSafe.
(h)
Food
recovery organizations and food recovery services operating in the
city shall use the appropriate temperature control equipment and methods
and maintain the required temperatures for the safe handling of edible
food recovered from tier one and tier two commercial edible food generators
for the duration of the transportation of the edible food for redistribution,
including edible food transported by private vehicles.
(i)
In
order to ensure recovered edible food is eaten and to prevent donation
dumping, food recovery organizations and food recovery services operating
in the city shall provide documentation that all redistribution sites
which are not themselves food recovery organizations to which they
deliver edible food have a feeding or redistribution program in place
to distribute, within a reasonable time, all the edible food they
receive. Such documentation may include a website address which explains
the program or pamphlets/brochures prepared by the redistribution
site.
(j)
Food
recovery organizations and food recovery services operating in the
city unable to demonstrate a positive reduction in GHG emissions for
their edible food recovery operational model cannot contract with
tier one and tier two commercial edible food generators in the city
for the purpose of recovering edible food as defined in this chapter.
Food recovery organizations and food recovery services contracting
to recover edible food from a tier one and tier two commercial edible
food generator for redistribution shall consult with the city or its
designee to document that their overall operational model will achieve
a greenhouse gas emissions reduction. Such review may analyze route
review, miles traveled for pick-up and redistribution, amount of food
rescued, and the likelihood of consumption after redistribution.
(k)
Food
recovery organizations and food recovery services operating in the
city shall inspect all edible food recovered or received from a tier
one and tier two commercial edible food generator. If significant
spoilage is found, or if the food is otherwise found to be unfit for
redistribution for human consumption, food recovery organizations
and food recovery services shall immediately notify the city or its
designee using a notification process to be set by the city or its
designee. Such notice shall include:
(1)
The type and amount, in pounds, of spoiled food or food unfit for
redistribution for human consumption, or provide a photographic record
of the food, or both.
(2)
The date and time such food was identified.
(3)
The name, address and contact information for the tier one or tier
two commercial edible food generator which provided the food.
(4)
The date and time the food was picked up or received.
(5)
A brief explanation of why the food was rejected or refused.
(l)
Contracts
between tier one or tier two commercial edible food generators and
food recovery organizations or food recovery services shall not include
any language prohibiting tier one or tier two commercial edible food
generators from contracting or holding agreements with multiple food
recovery organizations or food recovery services.
(m)
Food
recovery organizations and food recovery services operating in the
city shall conduct trainings and develop educational material such
as donation guidelines and handouts to provide instruction and direction
to tier one and tier two commercial edible food generators with whom
they contract regarding best practices and requirements for the timely
identification, selection, preparation, and storage of edible food
to ensure the maximum amount of edible food is recovered and to avoid
the collection of food that is moldy, has been improperly stored,
or is otherwise unfit for human consumption.
(n)
Edible
Food Recovery Capacity Planning.
(1)
Food recovery services and food recovery organizations. In order
to support edible food recovery capacity planning assessments or other
such studies, food recovery services and food recovery organizations
operating in the city shall provide information and consultation to
the city or its designee upon request, regarding existing, or proposed
new or expanded, edible food recovery capacity that could be accessed
by the city and its tier one and tier two commercial edible food generators.
A food recovery service or food recovery organization contacted by
the city or its designee shall respond to such requests for information
within sixty days.
(o)
Allow
the city or its designee to access the premises and inspect procedures
and review records related to edible food recovery and/or provide
them electronically if requested by the city or its designee.
(Ord. 1628 § 2, 2021)
(a)
Requirements
for Haulers.
(1)
Exclusive franchised hauler and permitted haulers as authorized by the exclusive franchise and Chapter 8.16 of this code, providing residential, 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:
(A)
Through written notice to the city annually on or before December
31 of each year identify the facilities to which they will transport
organic waste including facilities for source separated recyclable
materials, source separated green container organic waste, and mixed
waste.
(B)
Transport source separated recyclable materials, source separated
green container 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.
(C)
Obtain approval from the city or its designee to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 8.27.110 of this chapter, and applicable city C&D requirements under this code.
(2)
Exclusive franchised hauler, and permitted haulers as authorized by the exclusive franchise and Chapter 8.16 of this code, authorized to collect organic waste in the city shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, this code or other regulations, or other agreement entered into with 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
the city or its designee’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 or its designee shall respond within sixty days.
(2)
Community composting operators, upon the city or its designee’s
request, shall provide information to the city or its designee 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
or its designee shall respond within sixty days.
(Ord. 1628 § 2, 2021)
(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)
Commercial
business self-haulers 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 or its designee. If requested
in writing, the commercial business self-hauler shall provide the
record to city or its designee. 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.
(Ord. 1628 § 2, 2021)
(a)
Any individual or entity submitting an application for a building permit from the city shall comply with the requirements of this section and all applicable requirements of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended and adopted by reference under Title 15 of this code. If the requirements of CALGreen are more stringent than the requirements of this section, the CALGreen requirements shall apply.
(b)
Applicants
with projects subject to CALGreen requirements must, as a condition
of building permit issuance, comply with the following:
(1)
Where five or more multifamily dwelling units are constructed on
a building site, provide readily accessible areas that serve occupants
of all buildings on the site and are identified for the storage and
collection of blue container and green container materials, consistent
with the three-container collection program offered by the city, or
comply with provision of adequate space for recycling for multifamily
and commercial premises pursuant to applicable CALGreen requirements
most recently in effect as adopted by reference under Title 15 of
this code.
(2)
Where new commercial construction or additions result in more than
thirty percent of the floor area, provide readily accessible areas
identified for the storage and collection of blue container and green
container materials, consistent with the three-container collection
program offered by the city, or comply with provision of adequate
space for recycling for multifamily and commercial premises pursuant
to applicable CALGreen requirements most recently in effect as adopted
by reference under Title 15 of this code.
(3)
For all projects, comply with CALGreen requirements and applicable state, federal and local law related to management of C&D, including diversion of organic waste in C&D from disposal, and all city ordinances, regulations and guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D, including Chapter 8.16 of this code.
(Ord. 1628 § 2, 2021)
(a)
The
city’s departments, and direct service providers to the city,
as applicable, must comply with the city’s recovered organic
waste product procurement policy most recently in effect and as may
be amended from time to time, and recycled-content paper procurement
policy most recently in effect and as may be amended from time to
time. The city manager shall have the authority to adopt as necessary
administrative instructions to implement the procurement policies
described herein.
(b)
All
vendors providing paper products and printing and writing paper shall:
(1)
If fitness and quality are equal, provide recycled-content paper
products and recycled-content printing and writing paper that consists
of at least thirty percent, by fiber weight, postconsumer fiber instead
of non-recycled products whenever recycled paper products and printing
and writing paper are available at the same or lesser total cost than
non-recycled items.
(2)
Provide paper products and printing and writing paper that meet Federal
Trade Commission recyclability standard as defined in 16 Code of Federal
Regulations (CFR) Section 260.12.
(3)
Certify in writing, under penalty of perjury, the minimum percentage
of postconsumer material in the paper products and printing and writing
paper offered or sold to the city. This certification requirement
may be waived if the percentage of postconsumer material in the paper
products, printing and writing paper, or both can be verified by a
product label, catalog, invoice, or a manufacturer or vendor internet
website.
(4)
Certify in writing, on invoices or receipts provided, that the paper
products and printing and writing paper offered or sold to the city
is eligible to be labeled with an unqualified recyclable label as
defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).
(5)
Provide records to the city or its designee in accordance with the
city’s recycled-content paper procurement policy(ies) of all
paper products and printing and writing paper purchases within thirty
days of the purchase (both recycled-content and non-recycled content,
if any is purchased) made by any division or department or employee
of the city. Records shall include a copy (electronic or paper) of
the invoice or other documentation of purchase, written certifications
as required in subsections (b)(3) and (b)(4) of this section for recycled-content
purchases, purchaser name, quantity purchased, date purchased, and
recycled content (including products that contain none), and if non-recycled
content paper products or printing and writing papers are provided,
include a description of why recycled-content paper products or printing
and writing papers were not provided.
(Ord. 1628 § 2, 2021)
(a)
The
city or its designee are authorized to conduct inspections and investigations,
at random or otherwise, of any collection container, collection vehicle
loads, or transfer, processing, or disposal facility for materials
collected from generators, or source separated materials to confirm
compliance with this chapter by organic waste generators, commercial
businesses (including multifamily residential dwellings), property
owners, tier one and tier two commercial edible food generators, haulers,
self-haulers, food recovery services, and food recovery organizations,
subject to applicable laws. This section shall not be construed to
allow the city or its designee to enter the interior of a private
residential property for inspection.
(b)
Regulated
entities shall provide or arrange for access during all inspections
(with the exception of residential property interiors) and shall cooperate
with the city 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. Failure to provide
or arrange for: (1) access to an entity’s premises; or (2) access
to records for any inspection or investigation is a violation of this
chapter and may result in penalties described.
(c)
Any
records obtained by the city or its designee during its inspections,
and other reviews shall be subject to the requirements and applicable
disclosure exemptions of the Public Records Act as set forth in Government
Code Section 6250 et seq.
(d)
The
city and its designee, and their respective representatives, 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 or its designee shall receive written complaints from persons
regarding an entity that may be potentially noncompliant with SB 1383
Regulations, including receipt of anonymous complaints. Complaints
shall be received and processed as follows:
(1)
Complaints shall be submitted in writing and shall include the following
information:
(A)
If the complaint is not anonymous, the name and contact information
of the complainant.
(B)
The identity of the alleged violator, if known.
(C)
A description of the alleged violation including location(s) and
all other relevant facts known to the complainant.
(D)
Any relevant photographic or documentary evidence to support the
allegations in the complaint.
(E)
The identity of any witnesses, if known.
(2)
The city or its designee shall review the complaint for compliance
with the foregoing requirements of subsection (e)(1) above and determine
whether the allegations, if proven true, would constitute a violation
of this chapter. If so, the city or its designee shall commence an
investigation within ninety days of receiving the complaint. The city
or its designee may decline to investigate a complaint if, in its
judgment, investigation is unwarranted because the allegations are
contrary to facts known to it.
(3)
If the identity and contact information of the complainant are known,
the city or its designee shall provide notice to the complainant upon
conclusion of the investigation the status or results of their complaint.
(4)
The city shall maintain records of all complaints and responses pursuant
to this section as required by 14 CCR Section 18995.2, as may be amended.
The records shall include the complaint as received and the city’s
determination of compliance or notice of violations issued.
(5)
The city manager is authorized to adopt administrative regulations
to further implement or effectuate the requirements of this subsection.
(Ord. 1628 § 2, 2021)
(a)
Violation of any provision of this chapter shall be subject to the administrative citation process and abatement procedure set forth under Chapter 8.54 of this code by a city enforcement official or regional or county agency enforcement official, except that the lien procedure described under Articles V and VI of Chapter 8.54 shall not apply to violations under this chapter.
(b)
In
addition, a violation of this chapter may be remedied by any means
available to the city to remedy a violation of this code. The city
or its designee may pursue civil actions in the California courts
to seek recovery of unpaid administrative citations, or 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 or designee staff and resources.
(c)
Responsible
Entity for Enforcement.
(1)
Enforcement pursuant to this chapter may be undertaken by a city
enforcement official.
(2)
Enforcement may also be undertaken by a regional or county agency
enforcement official in consultation with the city enforcement official.
(3)
City enforcement official(s) and regional or county enforcement official(s)
will interpret the provisions of this chapter; determine the applicability
of waivers, if violation(s) have occurred; implement enforcement actions;
and, determine if compliance standards are met.
(4)
City enforcement official(s) and regional or county agency enforcement
official(s) may issue notices of violation(s) as provided in this
chapter.
(d)
Process
for Enforcement.
(1)
The city enforcement official or the regional or county enforcement official undertaking enforcement responsibilities pursuant to this chapter shall monitor compliance with this chapter through random means by utilizing compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 8.27.130 of this chapter establishes city’s right to conduct inspections and investigations.
(2)
The city or its designee shall have the authority to issue an official
notification to notify regulated entities of its obligations under
this chapter.
(3)
Issuance of a Notice of Violation.
(A)
For incidences of prohibited container contaminants found in containers,
except those incidences relating to edible food recovery, the city
enforcement official or the regional or county enforcement official
shall issue a notice of violation to any generator found to have prohibited
container contaminants in a container.
(B)
Such notice will be provided via a cart tag or other communication
immediately upon identification of the prohibited container contaminants
or within twenty-four hours after determining that a violation has
occurred.
(C)
If the city enforcement official or the regional or county enforcement
official observes prohibited container contaminants in a generator’s
containers on more than two consecutive occasion(s) or more than three
times in any twelve month period, the city enforcement official or
the regional or county enforcement official may assess contamination
processing fees or contamination penalties on the generator.
(D)
For incidences of prohibited container contaminants found in containers relating to edible food recovery, the city enforcement official or the regional or county enforcement official shall issue a notice of violation to any tier one or tier two commercial edible food generator found to have edible food in any container or to any food recovery organization or food recovery service found to have edible food recovered from a tier one or tier two edible food generator in a container which has not been documented by a notice of significant spoilage as required by Section 8.27.080 of this chapter.
(E)
Such notice will be provided by electronic mail or other means of
communication immediately upon identification of the prohibited container
contaminants or within three days after determining that a violation
has occurred.
(F)
If the city enforcement official or the regional or county enforcement
official observes prohibited container contaminants, such as edible
food, in a tier one or tier two commercial edible food generator,
or food recovery organization, or food recovery service container
on more than two consecutive occasion(s), the city enforcement official
or the regional or county enforcement official may assess an administrative
citation and fine, pursuant to the penalties provisions contained
in this chapter, on the tier one or tier two commercial edible food
generator, food recovery organization, or food recovery service.
(4)
With the exception of prohibited container contaminants violations
addressed under subsection (d)(3) of this section and violations related
to edible food recovery, the city enforcement official or the regional
or county enforcement official shall issue a notice of violation requiring
compliance within sixty days of issuance of the notice. For violations
related to edible food recovery, the city enforcement official or
the regional or county enforcement official may issue a notice of
violation requiring compliance within seven days of issuance of the
notice.
(5)
Absent compliance by the respondent within the deadline set forth in the notice of violation as described above, the city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 8.54 of this code or any other remedy available to the city.
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Notices shall be sent to the property 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.
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(e)
Penalty
Amounts for Types of Violations.
Violations of this chapter shall be subject to the following
fines:
(1)
For a first violation, the amount of the base penalty shall be one
hundred dollars per violation.
(2)
For a second violation, the amount of the base penalty shall be two
hundred dollars per violation.
(3)
For a third or subsequent violation, the amount of the base penalty
shall be five hundred dollars per violation.
(f)
Factors
Considered in Determining Penalty Amount.
The following factors shall be used to determine the amount
of the penalty for each violation within the appropriate penalty amount
range:
(1)
The nature, circumstances, and severity of the violation(s).
(2)
The violator’s ability to pay.
(3)
The willfulness of the violator’s misconduct.
(4)
Whether the violator took measures to avoid or mitigate violations
of this chapter.
(5)
Evidence of any economic benefit resulting from the violation(s).
(6)
The deterrent effect of the penalty on the violator.
(7)
Whether the violation(s) were due to conditions outside the control
of the violator.
(g)
Compliance
Deadline Extension Considerations. The city may extend the compliance
deadlines set forth in a notice of violation issued in accordance
with this section if it finds that there are extenuating circumstances
based on evidence presented in the record before it that are beyond
the control of the respondent that make compliance within the deadlines
impracticable, including, but not limited to, the following:
(h)
Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Chapter 8.54 of this code.
(i)
Education
Period for Noncompliance. Beginning January 1, 2022 and through December
31, 2023, the 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
or its designee determines that an organic waste generator, 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 and/or, for the purposes of edible food
recovery, training 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.
(j)
Civil
Penalties for Noncompliance. Beginning January 1, 2024, if the city
or its designee 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. 1628 § 2, 2021)
