(Ord. 1291 § 5, 2021)
This chapter shall be entitled "Specific Regulations for Organic
Waste Disposal Reduction, Recycling, and Solid Waste Collection."
(Ord. 1291 § 5, 2021)
means the Assembly Bill 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with Section 42649) to Part 3 of Division 30 of, and added and repealed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, relating to solid
waste, as amended, supplemented, superseded and replaced from time
to time and which places requirements on commercial businesses and
multifamily property owners that generate a specified threshold amount
of solid waste to arrange for recycling services and requires cities
to implement a mandatory commercial recycling program.
means 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supplemented, superseded, and replaced from time to time which requires
cities and counties to reduce, reuse, and recycle (including composting)
solid waste generated in their cities 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.
means the Assembly Bill 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Code, relating to solid waste, as amended, supplemented, superseded,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 and requires commercial businesses
and multifamily property owners that generate a specified threshold
amount of solid waste, recyclable materials, and organic materials
per week to arrange for recycling services for that waste, requires
cities to implement a recycling program to divert organic waste from
commercial businesses subject to the law, and requires cities to implement
a mandatory commercial organic materials recycling program.
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 recyclable
materials.
means California's Department of Resources Recycling and
Recovery, which is the department designated with responsibility for
developing, implementing, and enforcing SB 1383 Regulations.
means the city of San Dimas, California, within its jurisdictional
boundaries.
means the city staff member or his/her authorized designee(s)
who is/are partially or wholly responsible for enforcing this chapter.
means the act of taking possession of recyclable materials,
organic materials, solid waste, bulky items, and other material at
the place of generation in the city.
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,
or as otherwise defined in 14 CCR Section 18982(a)(6). Multifamily
residential dwelling that consists of fewer than five units is not
a commercial business for purposes of implementing this chapter.
includes a tier one or a tier two commercial edible food generator as defined herein below of this Section 8.12.030 or as otherwise defined in 14 CCR Sections 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 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 one hundred cubic yards and seven
hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4);
or as otherwise defined by 14 CCR Section 18982(a)(8).
has the same meaning as in 14 CCR Section 17896.2(a)(4),
which stated, as of the effective date of this chapter, that "compost"
means the product resulting from the controlled biological decomposition
of organic waste that is source separated from the municipal solid
waste stream, or that is separated at a centralized facility.
includes a controlled biological decomposition of organic
materials yielding a safe and nuisance free compost product.
means a container, regardless of color, that contains prohibited
container contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
means a person who is a party to an existing written agreement
with the city providing for the exclusive or non-exclusive right to
collect discarded materials from generators within the city.
means construction and demolition debris.
means an entity that a city contracts with or otherwise arranges
to carry out any of the city's responsibilities of this chapter as
authorized in 14 CCR Section 18981.2. A designee may be a government
entity, a contractor, a private entity, or a combination of those
entities.
means recyclable materials, organic materials, and solid
waste placed by a generator in a blue, green, or gray container and/or
at a location for the purposes of collection by the city's collection
program, excluding excluded waste.
means food intended for human consumption, or as otherwise
defined in 14 CCR Section 18982(a)( 18). For the purposes of this
chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible
food" is not solid waste if it is recovered and not discarded. Nothing
in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes
the recovery of edible food that does not meet the food safety requirements
of the California Retail Food Code.
means an action of the city to address noncompliance with
this chapter, including, but not limited to, issuing administrative
citations, fines, penalties, or using other remedies.
means hazardous substance, hazardous waste, infectious waste
(as defined in 14 CCR Section 17225.36), 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, without limitation: 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 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 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.
Excluded waste does not include used motor oil and filters, household
batteries, universal wastes, 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
the 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).
has the same meaning as in Section 113789 of the Health and
Safety Code.
means actions to collect and distribute food for human consumption
that otherwise would be disposed, or as otherwise defined in 14 CCR
Section 18982(a)(24).
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 Section 113783 of the Health and Safety
Code;
A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code; and
means a person or entity that collects and transports edible
food from a commercial edible food generator to a food recovery organization
or other entities for food recovery, or as otherwise defined in 14
CCR Section 18982(a)(26). A food recovery service is not a commercial
edible food generator for the purposes of this chapter and implementation
of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
means all food such as, but not limited to, fruits, vegetables,
meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread,
cheese, and eggshells. Food scraps excludes fats, oils, 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,
or as otherwise defined in 14 CCR Section 18982(a)(27).
is paper material that has come in contact with food or liquid,
such as, but not limited to, paper plates, paper coffee cups, napkins,
pizza boxes, and milk cartons. Food-soiled paper does not include
noncompostable paper.
means food scraps and food-soiled paper.
means any person or entity whose act or process produces
discarded materials as defined in the Public Resources Code, or whose
act first causes discarded materials to become subject to regulation.
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 organic
materials.
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, without limitation,
a bakery, deli, and meat and seafood departments, or as otherwise
defined in 14 CCR Section 18982(a)(30).
means the designated itinerary or sequence of stops for each
segment of the city's collection service area, or as otherwise defined
in 14 CCR Section 18982(a)(31.5).
means any of the following:
Any substances defined, regulated or listed (directly or by
reference) as "hazardous substances," "hazardous materials," "hazardous
wastes," "toxic waste," "pollutant," or "toxic substances," or similarly
identified as hazardous to human health or the environment, in or
pursuant to:
The Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA) of 1980, 42 USC Section 9601 et seq. (CERCLA),
The Hazardous Materials Transportation Act, 49 USC Section1802,
et seq.,
The Resource Conservation and Recovery Act, 42 USC Section 6901
et seq.,
The Clean Water Act, 33 USC Section 1251 et seq.,
California Health and Safety Code Sections 25115-25117, 25249.8,
25281, and 25316,
The Clean Air Act, 42 USC Section 7901 et seq., and
California Water Code Section 13050;
Any amendments, rules or regulations promulgated thereunder
to such enumerated statutes or acts currently existing or hereafter
enacted; and
Any other hazardous or toxic substance, material, chemical,
waste or pollutant identified as hazardous or toxic or regulated under
any other applicable law currently existing or hereinafter enacted,
including, without limitation, friable asbestos, polychlorinated biphenyl's
(PCBs), petroleum, natural gas, and synthetic fuel products, and by-products.
means all substances defined as hazardous waste, acutely
hazardous waste, or extremely hazardous waste by the State in Health
and Safety Code Sections 25110.02, 25115, and 25117, State Public
Resources Code Section 40141, or in the future amendments to or recodifications
of such statutes or identified and listed as solar panels from residential
premises, and hazardous waste by the U.S. Environmental Protection
Agency (EPA), pursuant to the Federal Resource Conservation and Recovery
Act (42 USC Section 6901 et seq.), all future amendments thereto,
and all rules and regulations promulgated thereunder.
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); or
as otherwise defined in 14 CCR Section 18982(a)(33).
means a site visit where a city or its designee reviews records,
containers, and an entity's collection, handling, recycling, or landfill
disposal of discarded materials or edible food handling to determine
if the entity is complying with requirements set forth in this chapter,
or as otherwise defined in 14 CCR Section 18982(a)(35).
means 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. 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 two thousand 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, the definition in 14 CCR Section 18982(a)(39)
shall apply to this chapter.
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 recyclable materials, organic materials, or
solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
means of, from, or pertaining to residential premises with
five or more dwelling units. 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,
or as otherwise defined in 14 CCR Section 18982(a)(41).
means source separated organic waste that can be placed in
a green container specifically intended for the separate collection
of organic waste by the generator, excluding non-compostable paper;
paper products; printing and writing paper; and any other organic
waste that an organic waste facility may reject to maintain any organics-related
composting certifications, including, but not limited to, organic
carpets and textiles, contaminated wood or lumber, manure, digestate,
biosolids, and sludges.
means wastes containing material originating from living
organisms and their metabolic waste products, including, but not limited
to, food, green material, landscape and pruning waste, organic textiles
and carpets, lumber, wood, paper products, printing and writing paper,
manure, biosolids, digestate, and sludges or as otherwise defined
in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined
by 14 CCR Section 18982(a).
include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated
boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section
18982(a)(51).
include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, posters, index cards, calendars,
brochures, reports, magazines, and publications, or as otherwise defined
in 14 CCR Section 18982(a)(54).
means the following: (1) discarded materials placed in the
blue container that are not identified as acceptable recyclable materials
for the city's blue container; (2) discarded materials placed in the
green container that are not identified as acceptable organic materials
for the city's green container; (3) discarded materials placed in
the gray container that are acceptable recyclable materials and/or
organic materials to be placed in city's green container and/or blue
container; and (4) excluded waste placed in any container.
means the owner of real property, or as otherwise defined
in 14 CCR Section 18982(a)(57)
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).
shall mean any material generated on or emanating from residential
or commercial/industrial premises that is no longer wanted and is
collected, transported, and reused or processed into a form suitable
for reuse through reprocessing or remanufacture, consistent with the
requirements of AB 939. No discarded materials shall be considered
recyclable materials unless such material is separated from organic
materials and solid waste and offered for collection through the city's
collection program.
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 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 contaminated containers 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 and
placing requirements on multiple entities including cities, residential
households, commercial businesses and commercial business owners,
commercial edible food generators, contractors, self-haulers, food
recovery organizations, and food recovery services 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 materials,
or recyclable material he or she has generated to another person.
Self-hauler also includes a person who back-hauls waste, or as otherwise
defined in 14 CCR Section 18982(a)(66). Back-haul means generating
and transporting discarded materials 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).
means 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
non-putrescible 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 that 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.
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.
Recyclable materials, C&D, organic waste, or other salvageable
materials only when such materials are source separated from solid
waste at the site of generation.
means materials, including commingled recyclable materials
and organic 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 that
meet the quality standards necessary to be used in the marketplace,
or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes
of the 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 solid waste for the purposes of collection and
processing.
means the State of California.
means a full-line, self-service retail store with gross annual
sales of two million dollars, or more that 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 two hundred fifty or more seats, or a total
facility size equal to or greater than 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.
means a commercial business or establishment engaged in the
merchant wholesale distribution of food, where food (including fruits
and vegetables) is received, shipped, stored, prepared for distribution
to a retailer, warehouse, distributor, or other destination, or as
otherwise defined in 14 CCR Section 189852(a)(76).
(Ord. 1291 § 5, 2021)
Generators shall subscribe to a three container collection service that includes a blue container, green container, and gray container, and shall be solely responsible to the contractor for the payment of the fees set forth in any such agreement the city has entered into with contractor for collection service. The city shall not be responsible for payment of any such fees to any contractor. Generators comply with the following requirements except single-family generators that meet the self-hauler requirements in Section 8.12.100 of this chapter.
A.
Shall
subscribe to city's collection services for all discarded materials
generated as described in this section. The city or its designee shall
have the right to review the number and size of a generator's containers
to evaluate adequacy of capacity provided for each type of collection
service for proper separation of materials and containment of materials;
and single-family generators shall adjust their service level for
collection services as requested by the city or its designee. Generators
may additionally manage their discarded materials by preventing or
reducing their discarded materials, managing organic waste on site,
and/or using a community composting site pursuant to 14 CCR Section
18984.9(c).
B.
Shall
participate in the city's collection service(s) by placing designated
materials in designated containers as described below, and shall not
place prohibited container contaminants in collection containers.
1.
Generators
shall place organic materials, including food waste, in the green
container; source separated recyclable materials in the blue container;
and solid waste in the gray container. Generators shall not place
materials designated for the gray container into the green container
or blue container, nor materials designated for the green or blue
containers into the gray container.
2.
Green,
blue, and gray containers to be collected by the contractor shall
be placed, by the owner or occupant of any premises, along the street
or alley frontage of such premises, or such other locations as may
be mutually agreeable to such persons and the contractor. No green,
blue, or gray containers shall be placed in the roadway or earlier
than three p.m. of the day preceding collection, and shall be removed
by seven p.m. of the day of collection. Except during these collection
hours or during cleaning, blue, green, and gray containers shall be
stored in a manner that is not visible from the public right-of-way.
3.
No
person shall interfere in any manner with any green, blue, or gray
container or the contents thereof, or remove any blue, green, or gray
container or the contents thereof from the location where the same
was placed by the owner or occupant of the premises for collection.
(Ord. 1291 § 5, 2021)
Generators that are commercial businesses, including multifamily
residential dwellings, shall:
A.
Subscribe to the city's three container collection services and shall be solely responsible to the contractor for the payment of the fees set forth in any such agreement the city has entered into with contractor for collection service. The city shall not be responsible for payment of any such fees to any contractor. Commercial generators shall comply with requirements of those services as described below in this section, except commercial businesses that meet all self-hauler requirements set forth in Section 8.12.100 of this chapter. The city or its designee shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the city or its designee.
B.
Except
commercial businesses that meet the self-hauler requirements in this
chapter, participate in the city's collection service(s) by placing
designated materials in designated containers as described below.
1.
Generators
shall place and/or direct its generators to place organic materials,
including food waste, in the green container; source separated recyclable
materials in the blue container; and solid waste in the gray container.
Generators shall not place, and direct its generators not to place,
prohibited container contaminants in collection containers and not
place materials designated for the gray container into the green container
or blue container or materials designated for the green or blue container
into the gray container.
2.
Supply and allow access to adequate number, size, and location of collection containers with sufficient labels and colors (conforming with subsections 3(a) and 3(b) below) for employees, contractors, tenants, and customers, consistent with 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 8.12.100 of this chapter.
3.
Excluding
multifamily residential dwellings, provide containers for the collection
of organic materials and source separated recyclable materials in
all indoor and outdoor areas where disposal containers are provided
for customers, for materials generated by that commercial 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 commercial 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 commercial business shall have either:
a.
A body or lid that conforms with the container colors provided through
the collection service provided by city, with either lids conforming
to the color requirements or bodies conforming to the color requirements
or both lids and bodies conforming to color requirements. A commercial
business is not required to replace functional containers, including
containers purchased prior to January 1, 2022, that do not comply
with the requirements of this subsection prior to the end of the useful
life of those containers, or prior to January 1, 2036, whichever comes
first.
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 to 14 CCR Section
18984.8, the container labeling requirements are required on new containers
commencing January 1, 2022.
5.
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 businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.12.100 of this chapter.
6.
Excluding
multifamily residential dwellings, periodically inspect blue containers,
green containers, and gray containers for contamination and inform
employees if there are contaminated containers 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 organic materials 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
organic materials and source separated recyclable materials separate
from solid waste (when applicable): the location of containers: and
the rules governing their use at each property.
9.
Provide or arrange access for the city or its designee to their properties during all inspections conducted in accordance with Section 8.12.140 of this chapter to confirm compliance with the requirements of this chapter.
10.
Accommodate and cooperate with the city's program for inspection
of the contents of containers for prohibited container contaminants,
which may be implemented by the city at a later date, to evaluate
generator's compliance with this section.
11.
At commercial business' option and subject to any approval required
from the city, implement a program for inspection of the contents
of its blue containers, green containers, and gray containers for
the purpose of monitoring the contents of containers to determine
appropriate levels of service and to identify prohibited container
contaminants.
12.
If a commercial business wants to self-haul, it must meet the self-hauler requirements in Section 8.12.100 of this chapter.
(Ord. 1291 § 5, 2021)
A.
De Minimis
Waivers. The city may waive a commercial business' obligation (including
multifamily residential dwellings) to comply with some or all of the
organic waste requirements of this chapter if the commercial business
provides documentation that the commercial business generates below
a certain amount of organic waste material as described in Section
8.12.060(A)(2) 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 Section 8.12.060(A)(2)
below.
2.
Provide
documentation that either:
a.
The commercial business' total 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 commercial business' total waste;
or
b.
The commercial business' total 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 commercial business' total
waste.
3.
Notify
the city if circumstance change such that commercial business' organic
waste exceeds the threshold required for waiver, in which case the
waiver will be rescinded.
4.
Provide
written verification of eligibility for de minimis waiver every five
years if city has approved de minimis waiver.
B.
Physical Space Waivers. The city may waive a commercial business' or property owner's obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a contractor, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the organic waste collection requirements of Section 8.12.050. A commercial business or property owner may request a physical space waiver through the following process:
1.
Submit
an exemption request form to the public works department 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 contractor,
licensed architect, or licensed engineer.
3.
Provide
written verification to the city manager or his or her designee that
it is still eligible for physical space waiver every five years if
city has approved application for a physical space waiver.
(Ord. 1291 § 5, 2021)
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: (a) the collection of edible food for
food recovery; or (b) acceptance of the edible food that the commercial
edible food generator self-hauls to the food recovery organization
for food recovery.
3.
Shall
not intentionally spoil edible food that is capable of being recovered
by a food recovery organization or a food recovery service.
4.
Allow
the city or designated third party enforcement entity 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 food recovery organization
that collects or receives its edible food pursuant to a contract or
written agreement established under 14 CCR Section 18991.3(b).
c.
A record of the following information for each of those food recovery
services or food recovery organizations:
i.
The name, address, and contact information of the food recovery service
or food recovery organization.
ii.
The types of food that will be collected by or self-hauled to the
food recovery service or food recovery organization.
iii.
The established frequency that food will be collected or self-hauled.
iv.
The quantity of food, measured in pounds recovered per month, collected
or self-hauled to a food recovery service or food recovery organization
for food recovery.
6.
No
later than June 1 of each year commencing no later than June 1, 2022,
for tier one commercial edible food generators and June 1, 2024, for
tier two commercial edible food generators provide an annual food
recovery report to the city that includes the records listed in Section
8.12.070(C)(5)(c).
D.
Nothing in this chapter shall be construed to limit or conflict with the protections provided QY 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. 1291 § 5, 2021)
A.
Food
recovery services collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following
records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1.
The
name, address, and contact information for each commercial edible
food generator from which the service collects edible food.
2.
The
quantity in pounds of edible food collected from each commercial edible
food generator per month.
3.
The
quantity in pounds of edible food transported to each food recovery
organization per month.
4.
The
name, address, and contact information for each food recovery organization
that the food recovery service transports edible food to for food
recovery.
B.
Food
recovery organizations collecting or receiving edible food directly
from commercial edible food generators, via a contract or written
agreement established under 14 CCR Section 18991.3(b), shall maintain
the following records, or as otherwise specified by 14 CCR Section
18991.5(a)(2):
1.
The
name, address, and contact information for each commercial edible
food generator from which the organization receives edible food.
2.
The
quantity in pounds of edible food received from each commercial edible
food generator per month.
3.
The
name, address, and contact information for each food recovery service
that the organization receives edible food from for food recovery.
C.
Food
recovery organizations and food recovery services shall inform tier
one and tier two edible food generators about California and Federal
Good Samaritan Food Donation Act protection in written communications,
such as in their contract or agreement established under 14 CCR Section
18991.3(b).
D.
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 it
is located in 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) no later than June 1 of each
calendar year.
E.
In order
to support edible food recovery capacity planning assessments or other
studies conducted by the county, city, or special district that provides
solid waste collection services, or its designated entity, 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 sixty
days unless a shorter timeframe is otherwise specified by the city.
(Ord. 1291 § 5, 2021)
A.
If the
city finds that the public interest, convenience, and necessity so
require, it may contract with any one or more qualified persons, on
an exclusive or nonexclusive basis, for the collection and disposal
of residential, commercial, or industrial discarded materials from
generators within the city's boundaries. In such event, such agreement
shall refer to this chapter, insofar as the manner of collection is
concerned, as it now exists or as it may hereafter be amended. Such
agreement shall, in addition, provide for such contractor to collect,
process, and/or dispose of all discarded materials from generators
within the city, and such contractor shall have the exclusive right,
privilege, and duty to collect, process, and/or dispose of all such
discarded materials for the period and times specified in such agreement,
upon such compensation as may be therein agreed upon between the city
and such contractor. Each contractor shall meet the following requirements
as a condition of approval of a contract, agreement, or similar contractual
authorization with the city to collect discarded materials:
1.
All
discarded materials generated within the city, with the exception
of hazardous waste and hazardous substances, shall remain the property
of the city until it is picked up by the contractor. Through written
notice to the city annually on or before July 1, 2022, contractor
shall identify the facilities to which they will transport recyclable
materials, organic materials, and solid waste and shall not deliver
the discarded materials to any waste-to-energy conversion facility
unless specifically approved in advance by the city manager or their
designee.
2.
Transport
source separated recyclable materials to a facility that recovers
those materials; transport source separated green container organic
waste to a facility, operation, activity, or property that recovers
organic waste as defined in 14 CCR, Division 7, Chapter 12, Article
2; and transport solid waste to a disposal facility or transfer facility
or operation that processes or disposes of solid waste. Notwithstanding
the foregoing, contractor shall not be required to transport any containers
with prohibited container contaminants to a facility, operation, activity,
or property that recovers organic waste.
4.
The
authorization of exclusive or non-exclusive contractor(s), as applicable,
to collect discarded materials shall comply with any education, equipment,
signage, container labeling, container color, contamination, monitoring,
and reporting requirements relating to the collection of discarded
materials contained within its franchise agreement with the city.
5.
Maintain
a fixed place of business in or adjacent to the city and maintain
a telephone service at such a place of business.
6.
Maintain
an accurate list of all customers served by the contractor within
the city. Such records shall be open and available for reasonable
inspection by the city manager or their designee.
7.
Ensure
all vehicular equipment used by contractor is maintained in a clean
and sanitary condition, and shall have prominently displayed thereon,
the name, address, and telephone number of the contractor.
8.
Place
and maintain on the outside of green, blue, and gray containers, or
other equipment, in legible letters and numerals not less than one
inch in height, such contractor's name or firm name and telephone
number.
9.
At
all times keep in good repair and maintain in a clean and sanitary
condition all green, blue, and gray containers or other equipment
to the satisfaction of the health officer.
B.
Requirements
for Facility Operators and Community Composting Operations.
1.
No
person shall maintain or operate any dump, waste disposal facility,
or site for the disposal, transfer, or salvage of recyclable materials,
organic waste, or solid waste within the city; provided, that nothing
contained in this section shall be construed to prohibit the disposal
of agricultural or horticultural waste materials such as dead trees,
bushes, and similar materials at a community composting site.
2.
Owners
of facilities, operations, and activities that recover organic waste,
including, but not limited to, compost facilities, in-vessel digestion
facilities, and publicly owned treatment works shall, upon city request,
provide information regarding available and potential new or expanded
capacity at their facilities, operations, and activities, including
information about throughput and permitted capacity necessary for
planning purposes. Entities contacted by the city shall respond within
sixty days.
3.
Community
composting operators, upon city request, shall provide information
to the city to support organic waste capacity planning, including,
but not limited to, an estimate of the amount of organic waste anticipated
to be handled at the community composting operation. Entities contacted
by the city shall respond within sixty days.
4.
Owners
of facilities, operations, and activities located in the city's boundaries
that receive recyclable materials, organic materials, and/or solid
waste shall provide to the city on a quarterly basis copies of all
reports that the owners are required to report to CalRecycle, including
at minimum, those required by AB 901 and SB 1383.
C.
Any
contractor operating within the city shall comply with the following
collection rules:
1.
Hours
of Collection. Collection service shall not take place earlier than
seven a.m. or later than six p.m. of any day except by approval of
the city manager or designee.
2.
Schedules.
Each contractor shall establish and thereafter maintain an area schedule
of their collection times and places. Such schedules shall be filed
with the city manager and any changes therein shall be filed with
the city manager.
(Ord. 1291 § 5, 2021)
A.
Self-haulers shall source separate all recyclable materials and organic materials (materials that the city otherwise requires generators to separate for collection in the city's collection program) generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, and shall deliver their materials to facilities described in subsection (B) below, or shall haul solid waste (including recyclable materials and organic materials that are not source separated) to a high diversion organic waste processing facility as specified in 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 organic materials to
a facility, operation, activity, or property that processes or recovers
source separated organic waste.
C.
Self-haulers
that are commercial businesses (including multifamily residential
dwellings) shall keep a record of the amount of discarded materials
delivered to each facility, operation, activity, or property that
processes or recovers organic materials or recyclable materials, and
processes or disposes of solid waste. This record shall be subject
to inspection by the city. The records shall include the following
information:
1.
Delivery
receipts and weight tickets from the entity accepting the waste.
2.
The
amount of material in cubic yards or tons transported by the generator
to each entity.
3.
If
the material is transported to an entity that does not have scales
on-site or employs scales incapable of weighing the self-hauler's
vehicle in a manner that allows it to determine the weight of materials
received, the self-hauler is not required to record the weight of
material but shall keep a record of the entities that received the
discarded materials.
D.
A residential generator that self-hauls organic materials is not required to record or report information in Section 8.12.100(C) above.
E.
Self-haulers that are commercial businesses (including multifamily self-haulers) shall provide information collected in Section 8.12.100(C) to the city if requested and within ten days of such request.
(Ord. 1291 § 5, 2021)
A.
Persons applying for a permit from the city for new construction, building additions, and alterations shall comply with the requirements of this section, Title 15 Buildings and Construction of this code, and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the city. If the requirements of CALGreen are more stringent then the requirements of this section, the CALGreen requirements shall apply.
Project applicants shall refer to the city's building and/or
planning code for complete CALGreen requirements.
B.
For
projects covered by CALGreen or more stringent requirements of the
city, the applicants must. as a condition of the city's permit approval,
comply with the following:
1.
Where
five or more multifamily residential 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 discarded 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 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 thirty
percent of the floor area shall provide readily accessible areas identified
for the storage and collection of discarded materials, consistent
with the three container collection program offered by the city, or
shall comply with provision of adequate space for recycling for multifamily
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 organic waste in C&D from disposal.
Comply with all written and published city policies, ordinances, and/or
administrative guidelines regarding the collection, recycling, diversion,
tracking, and/or reporting of C&D.
(Ord. 1291 § 5, 2021)
A.
Property owners or their building or landscape designers, including anyone requiring a building or planning permit. Plan check, or landscape design review from the city, who are constructing a new (single-family, multifamily, public, institutional, or commercial) project with a landscape area greater than five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred square feet shall comply with Chapter 18.14 of the San Dimas Municipal Code. and Sections 492.6(a)(3)(B), (C), (D), and (G) of the Model Water Efficient Landscaping Ordinance (MWELO), including sections related to use of compost and mulch as delineated in this section
B.
The
following compost and mulch use requirements that are part of the
MWELO are now also included as requirements of this chapter. Other
requirements of the MWELO are in effect and can be found in 23 CCR,
Division 2, Chapter 2.7.
C.
Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection A above shall:
1.
Comply
with Sections 492.6 (a)(3)(B), (C), (D), and (G) of the MWELO, which
requires the submittal of a landscape design plan with a soil preparation,
mulch, and amendments section to include the following:
a.
For Landscape Installations. Compost at a rate of a minimum of four
cubic yards per one thousand square feet of permeable area shall be
incorporated to a depth of six inches into the soil. Soils with greater
than six percent organic matter in the top six inches of soil are
exempt from adding compost and tilling.
b.
For Landscape Installations. A minimum three inch layer of mulch
shall be applied on all exposed soil surfaces of planting areas except
in turf areas, creeping or rooting groundcovers. or direct seeding
applications where mulch is contraindicated. To provide habitat for
beneficial insects and other wildlife up to five percent of the landscape
area may be left without mulch. Designated insect habitat must be
included in the landscape design plan as such.
c.
Organic mulch materials made from recycled or post-consumer materials
shall take precedence over inorganic materials or virgin forest products
unless the recycled post-consumer organic products are not locally
available. Organic mulches are not required where prohibited by local
fuel modification plan guidelines or other applicable local ordinances.
2.
The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore. property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection A of this section above shall consult the full MWELO for all requirements.
D.
If after
the adoption of this chapter the California Department of Water Resources,
or its successor agency, amends 23 CCR, Division 2, Chapter 2.7. Sections
492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015
requirements in a manner that requires jurisdictions to incorporate
the requirements of an updated MWELO in a local ordinance, and the
amended requirements include provisions more stringent than those
required in this section, the revised requirements of 23 CCR, Division
2, Chapter 2.7 shall be enforced.
(Ord. 1291 § 5, 2021)
A.
City
departments, and direct service providers to the city, as applicable,
must comply with the city-adopted procurement policy for recovered
organic waste product recycled content paper.
B.
All
vendors providing paper products and printing and writing paper to
the city shall:
1.
If
fitness and quality are equal, provide recycled-content paper products
that consist of at least thirty percent by fiber weight, postconsumer
fiber instead of non-recycled products whenever recycled paper products
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 are eligible
to be labeled with an unqualified recyclable label as defined in 16
Code of Federal Regulations (CFR) Section 260.12.
5.
Provide
records to the city's designated personnel member for purposes of
recovered organic waste product procurement recordkeeping 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 Sections 8.12.130(8)(3) and (8)(4) of
this chapter for recycled-content purchases, purchaser name, quantity
purchased, date purchased, and recycled content (including products
that contain none), and if non-recycled content paper products or
printing and writing papers are provided, include a description of
why recycled-content paper products or printing and writing papers
were not provided.
(Ord. 1291 § 5, 2021)
A.
City
representatives and/or its designated entity, including designees
are authorized to conduct inspections and investigations, at random
or otherwise, of any collection container, collection vehicle loads,
or transfer, processing, or disposal facility for materials collected
from generators, or source separated materials to confirm compliance
with this chapter by generators, commercial businesses (including
multifamily residential dwellings), property owners, commercial edible
food generators, self-haulers, food recovery services, and food recovery
organizations, subject to applicable laws. This section does not allow
the city to enter the interior of a private residential property for
inspection.
B.
Generators,
commercial businesses (including multifamily residential dwellings),
property owners, commercial edible food generators, self-haulers,
food recovery services, and food recovery organizations shall provide
or arrange for access during all inspections (except for residential
property interiors) and shall cooperate with the city's personnel
or its designee during such inspections and investigations. Such inspections
and investigations may include confirmation of proper placement of
materials in containers, edible food recovery activities, records,
or any other requirement of this chapter described herein. Failure
to provide or arrange for: (1) access to an entity's premises; or
(2) access to records for any inspection or investigation is a violation
of this chapter and may result in penalties described.
C.
Any
records obtained by the city during its Inspections and other reviews
shall be subject to the requirements and applicable disclosure exemptions
of the Public Records Act as set forth in Government Code Section
6250 et seq.
D.
The
city representatives/personnel and/or designee are authorized to conduct
any inspections or other investigations of generators, commercial
businesses (including multifamily residential dwellings), property
owners, commercial edible food generators, self-haulers, food recovery
services, and food recovery organizations as reasonably necessary
to further the goals of this chapter, subject to applicable laws.
E.
The
city shall receive written complaints from persons regarding an entity
that may be potentially noncompliant with SB 1383 Regulations, including
receipt of anonymous complaints.
(Ord. 1291 § 5, 2021)
A.
Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by the city manager or their designee. Enforcement actions under this chapter include, but are not limited to, issuance of an administrative citation and assessment of a fine. In addition to the procedures in this section, the city may enforce this chapter consistent with the procedures in Chapter 1.06 of this code.
B.
Other
remedies allowed by law may be used for enforcement, including, but
not limited to, civil action or prosecution as misdemeanor or infraction.
The city may pursue civil actions in the California courts to seek
recovery of unpaid administrative citations. The city may choose to
delay court action until such time as a sufficiently large number
of violations, or cumulative size of violations exist such that court
action is a reasonable use of city staff and resources.
C.
Responsible
Entity for Enforcement.
1.
Enforcement
pursuant to this chapter may be undertaken by the city manager or
their designee authorized and legally able to undertake such action.
a.
The city manager or their designee will interpret this chapter; determine
the applicability of waivers, if violation(s) have occurred; implement
enforcement actions; and determine if compliance standards are met.
2.
The
city enforcement manager or their designee may issue notices of violation(s).
D.
Process
for Enforcement.
1.
The city manager or their designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 8.12.140 establishes the city's right to conduct inspections and investigations.
2.
The
city may issue an official notification to notify regulated entities
of its obligations under this chapter.
3.
Contamination
Prevention.
a.
For incidences of prohibited container contaminants found by the city or its designee in containers, the city will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Prior to issuance of a notice of violation, the city's designee may provide an informal warning(s) or notice(s) of prohibited container contaminants via cart tag. Thereafter, any notice of violation shall be provided by the city via mail within two days after the city determines a violation has occurred with respect to prohibited container contaminants. If the city or its designee observes prohibited container contaminants in a generator's containers on more than two occasion(s) in any calendar year starting January 1, the city may assess an administrative fine or penalty on the generator in accordance with Section 8.12.150(E).
b.
In addition to 8.12.150(D)(3)(a), the designee may implement through
the designee's service rate structure a contamination service charge
for customers committing incidents of prohibited container contaminants.
The designee shall provide such customers with written notice and/or
cart tags, or such other procedures required under any contract, agreement,
or similar contractual authorization between the city and its designee,
prior to levying any contamination service charge. The designee shall
inform the city of each customer committing incidents of prohibited
container contaminants in a manner consistent with the agreement,
or similar contractual authorization between the city and its designee
prior to issuing a contamination service charge. The foregoing contamination
service charge shall not be considered an administrative fine or penalty.
Any disputes arising from the assessment of a contamination service
charge shall be adjudicated pursuant to the customer complaint resolution
process provided under the terms of any contract, agreement, or similar
contractual authorization between the city and its designee assigned
to collect discarded materials.
4.
Except
for violations of generator contaminated containers addressed under
subsection (D)(3) of this section, the city shall issue a notice of
violation requiring compliance within sixty days of issuance of the
notice.
5.
Absent
compliance by the respondent within the deadline set forth in the
notice of violation, city shall commence an enforcement action to
impose penalties, via an administrative citation and fine. Notices
shall be sent to "owner" at the official address of the owner maintained
by the tax collector for the city or if no such address is available,
to the owner at the address of the dwelling or commercial property,
or to the party responsible for paying for the collection services,
depending upon available information.
E.
Penalty Amounts for Types of Violations. Administrative fine levels shall be as stated in Section 1.12.030 of this code, excepting that should the penalties levels in Section 1.12.030 either: (1) fall below the minimum amounts stated in 14 CCR Section 18997.2; or (2) exceed the maximum amounts stated in 14 CCR Section 18997.2, then the administrative fine level shall be that which is closest to a level stated in 14 CCR Section 18997.2.
F.
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
beyond the control of the respondent that make compliance within the
deadlines impracticable, including the following:
G.
Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to the appeal procedures in Section 1.06.140 of this code.
H.
Education
Period for Noncompliance. Beginning January 1, 2022 and through December
31, 2023, the city will conduct inspections, route reviews or waste
evaluations, and compliance reviews, depending upon the type of regulated
entity, to determine compliance with this chapter, and if city determines
that a generator, self-hauler, contractor, tier one commercial edible
food generator, food recovery organization, food recovery service,
or other entity is not in compliance, it shall provide educational
materials to the entity describing its obligations under this chapter
and a notice that compliance is required by January 1, 2022, and that
violations may be subject to administrative civil penalties starting
on January 1, 2024.
I.
Civil
Penalties for Noncompliance. Beginning January 1, 2024, if the city
determines that a generator, self-hauler, 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, it shall document the noncompliance or violation, issue a
notice of violation, and take enforcement action pursuant to this
section, as needed.
J.
Enforcement
Table—Non-Exclusive List of Violations. Table 1 below provides
a non-exclusive list of violations of this chapter, which may subject
an entity to an enforcement action pursuant to this section.
|
Table 1. List of Violations
| |
|---|---|
|
REQUIREMENT
|
DESCRIPTION OF VIOLATION
|
|
Commercial Business and Commercial Business Owner Responsibility
Requirement:
§ 8.12.050
|
Commercial business fails to provide or arrange for collection
services consistent with city requirements and as outlined in this
chapter, for employees, contactors, tenants, and customers, including
supplying and allowing access to adequate numbers, size, and location
of containers and sufficient signage and container color.
|
|
Organic Waste Generator Requirement:
|
Organic waste generator fails to comply with requirements adopted
pursuant to this chapter for the collection and recovery of organic
waste.
|
|
Contractor Requirement:
§ 8.12.090
|
A contractor providing residential, commercial, or industrial
collection service fails to transport organic waste to a facility,
operation activity, or property that recovers organic waste, as prescribed
by this chapter
|
|
Contractor Requirement:
§ 8.12.090
|
A contractor providing residential, commercial, or industrial
collection service fails to obtain applicable approval issued by the
city to haul discarded materials as prescribed by this chapter.
|
|
Contractor Requirement:
§ 8.12.090
|
A contractor fails to keep record of the applicable documentation
of its approval by the city, as prescribed by this chapter.
|
|
Self-Hauler Requirement:
§ 8.12.100
|
A generator who is a self-hauler fails to comply with the requirements
of 14 CCR Section 18988.3(b).
|
|
Commercial Edible Food Generator Requirement:
§ 8.12.070
|
Tier one commercial edible food generator fails to arrange to
recover the maximum amount of its edible food that would otherwise
be disposed by establishing a contract or written agreement with a
food recovery organization or food recovery service and comply, commencing
January 1, 2022.
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Commercial Edible Food Generator Requirement:
§ 8.12.070
|
Tier two commercial edible food generator fails to arrange to
recover the maximum amount of its edible food that would otherwise
be disposed by establishing a contract or written agreement with a
food recovery organization or food recovery service and comply, commencing
January 1, 2024.
|
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Commercial Edible Food Generator Requirement:
§ 8.12.070
|
Tier one or tier two commercial edible food generator intentionally
spoils edible food that is capable of being recovered by a food recovery
organization or food recovery service.
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Generator, Commercial Business Owner, Commercial Edible Food
Generator, Food Recovery Organization, or Food Recovery Service:
§ 8.12.140
|
Failure to provide or arrange for access to an entity's premises
for inspection or investigation.
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Recordkeeping Requirements for Commercial Edible Food Generators:
§ 8.12.070
|
Tier one and tier two commercial edible food generator fails
to keep records.
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Recordkeeping Requirements for Food Recovery Services and Food
Recovery Organizations:
§ 8.12.080
|
A food recovery organization or food recovery service that has
established a contract or written agreement to collect or receive
edible food directly from a commercial edible food generator pursuant
to 14 CCR Section 18991(b) fails to keep records, as prescribed by
this chapter.
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(Ord. 1291 § 5, 2021)
No person shall collect, carry, convey or transport discarded
materials upon or through any street, alley, or public place within
the city unless such person is:
A.
An officer
or employee of the city or their designee;
(Ord. 1291 § 5, 2021)
A.
Discarded
materials to be disposed of by any person shall be removed from and
processed or disposed of outside of the corporate limits of the city,
or at some location within the city which shall have been first approved
by the city council.
B.
No person
shall haul or transport any recyclable materials, organic waste, or
solid waste through the city, or in and along any public street or
other public place in the city, except in watertight covered motor
vehicles, carried therein in such a manner that the contents thereof
shall not be offensive to any person, such vehicles being so loaded,
operated, and maintained that none of the contents thereof shall fall
or spill therefrom; provided, that every such vehicle used for such
purposes shall be kept in a clean and sanitary condition by the owner
or operator thereof.
C.
Any
such person hauling any recyclable materials, organic waste, or solid
waste, in and along any public street or public place, shall be solely
responsible for cleaning up any material that falls or dislodges from
such vehicle. If such person fails to dispose of such material that
has spilled from such vehicle, the city shall cause the same to be
disposed of and shall bill the person responsible therefor a reasonable
sum to cover the cost of such disposal.
(Ord. 1291 § 5, 2021)
No person shall burn, bury, or dispose of any recyclable materials,
organic waste, or solid waste in any manner other than as described
in this chapter of the San Dimas Municipal Code without first obtaining
a written permit to do so from the city.
(Ord. 1291 § 5, 2021)
No person shall store recyclable materials, organic waste, or
solid waste on any premises for a period longer than fifteen days
unless they are a facility operator or community composting operation
as approved by the city.
(Ord. 1291 § 5, 2021)
No person, not having the authority to do so, shall tamper with,
injure, destroy, or remove any container, or other equipment used
for the storage of discarded materials.
No person other than the contractor shall deface, alter, remove,
or obliterate any identification placed on any such container or other
equipment pursuant to the provisions of this chapter.
(Ord. 1291 § 5, 2021)
No person shall place, deposit, throw or dump, or cause to be
placed, deposited, thrown or dumped, any discarded materials, swill,
cans, bottles, papers, ashes, dirt, sand, rock, cement, glass, metal,
carcass of any dead animal, offal, refuse, plants, cuttings, trash,
or rubbish of any nature whatsoever, or any nauseous, offensive matter
in or upon any public or private road, highway, street, alley, public
way or any public or private property of any kind whatsoever.
(Ord. 1291 § 5, 2021)
This chapter shall be effective commencing on January 1, 2022.
(Ord. 1291 § 5, 2021)
