The city 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40000, et seq., as amended, supplemented, superseded, and replaced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
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.
(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and repealed Section 41780.02 of, the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supplemented, superseded and replaced from time to time), places requirements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 cities 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supplemented, superseded, and replaced from time to time), requires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 cities
to implement a recycling program to divert organic waste from businesses
subject to the law, and requires cities 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 cities, 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
cities to adopt and enforce an ordinance 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, be recovered for human consumption.
(Ord. 2064 § 5, 2021)
This chapter shall be entitled "Specific Regulations for Organic
Waste Disposal Reduction, Recycling, and Solid Waste Collection and
Recycling Programs."
(Ord. 2064 § 5, 2021)
"Blue container"
has the same meaning as in 14
CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of source
separated recyclable materials or source separated blue container
organic waste.
"CalRecycle"
means California's Department of Resources Recycling and
Recovery, which is the department designated with responsibility for
developing, implementing, and enforcing SB 1383 Regulations.
"City"
means the city of Glendora, county of Los Angeles, state
of California, a municipal corporation and all of the territory lying
within the municipal boundaries of the city as presently existing
and all geographic areas which may be added or annexed to the city.
"City enforcement official"
means the city manager or his or her authorized designee(s)
who is/are partially or wholly responsible for enforcing this chapter.
"Commercial business" or "commercial"
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). A multifamily
residential dwelling that consists of fewer than five units is not
a commercial business for purposes of implementing this chapter.
"Commercial edible food generator"
includes a tier one or a tier two commercial edible food
generator as defined hereinbelow of this section 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).
"Compliance review"
means a review of records by a city to determine compliance
with this chapter.
"Community composting"
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).
"Compost"
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 solid wastes that are source separated from the municipal
solid waste stream, or which are separated at a centralized facility.
"C&D"
bears the same meaning ascribed to "construction and demolition debris" in Chapter
6.09 of this code.
"Designee"
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 hauler, a private entity, or a combination of those entities.
"Edible food"
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.
"Enforcement action"
means an action of the city to address non-compliance with
this chapter, including, but not limited to, issuing administrative
citations, fines, penalties, or using other remedies.
"Excluded waste"
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 without limitation:
(1) land use restrictions or conditions; (2) waste that cannot be
disposed of in Class III landfills or accepted at the facility by
permit conditions; (3) waste that, in the city's or its designee's
reasonable opinion, would present a significant risk to human health
or the environment, cause a nuisance or otherwise create or expose
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.
"Food distributor"
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).
"Food facility"
has the same meaning as in Section 113789 of the Health and
Safety Code.
"Food recovery"
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).
"Food recovery organization"
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:
(1)
A food bank as defined in Section 113783 of the Health and Safety
Code;
A food recovery organization 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).
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If the definition in 14 CCR Section 18982(a)(25) for food recovery
organization differs from this definition, the definition in 14 CCR
Section 18982(a)(25) shall apply to this chapter.
|
"Food recovery service"
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).
"Food scraps"
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.
"Food service provider"
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).
"Food-soiled paper"
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.
"Gray container"
has the same meaning as in 14
CCR Section 18982(a)(28) and
shall be used for the purpose of storage and collection of gray container
waste. Per the definition provided in 14
CCR Section 18982(a)(28),
the gray container may actually be black, or black with a gray lid.
"Gray container waste"
means solid waste that is collected in a gray container that
is part of a three-container organic waste collection service that
prohibits the placement of organic waste in the gray container as
specified in 14
CCR Sections 18984.1(a) and (b), or as otherwise defined
in 14
CCR Section 17402(a)(6.5).
"Green container"
has the same meaning as in 14
CCR Section 18982.2(a)(29)
and shall be used for the purpose of storage and collection of source
separated green container organic waste.
"Grocery store"
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).
"Hauler route"
means the designated itinerary or sequence of stops for each
segment of the city's collection service area, or as otherwise defined
in 14
CCR Section 18982(a)(31.5).
"High diversion organic waste processing facility"
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).
"Inspection"
means a site visit where a city 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).
"Large event"
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.
"Large venue"
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.
"Local education agency"
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, or as otherwise defined in 14
CCR Section 18982(a)(40).
"Multifamily residential dwelling" or "multifamily"
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.
"MWELO"
refers to the model water efficient landscape ordinance (MWELO),
23
CCR, Division 2, Chapter 2.7.
"Non-compostable paper"
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).
"Non-local entity"
means the following entities that are not subject to the
city's enforcement authority, or as otherwise defined in 14
CCR Section
18982(a)(42):
(1)
Special district(s) located within the boundaries of the city.
(2)
Federal facilities, including, without limitation, military
installations, located within the boundaries of the city.
(3)
Prison(s) located within the boundaries of the city, excepting
that private prisons are considered commercial businesses and do not
fall within this definition.
(4)
Facilities operated by the state park system located within
the boundaries of the city.
(5)
Public universities (including community colleges) located within
the boundaries of the city.
(6)
County fairgrounds located within the boundaries of the city.
(7)
State agencies located within the boundaries of the city.
"Non-organic recyclables"
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).
"Notice of violation (NOV)"
means a notice that a violation has occurred that includes
a compliance date to avoid an action to seek penalties, or as otherwise
defined in 14
CCR Section 18982(a)(45) or further explained in 14
CCR Section 18995.4.
"Organic waste"
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).
"Organic waste generator"
means a person or entity that is responsible for the initial
creation of organic waste, or as otherwise defined in 14
CCR Section
18982(a)(48).
"Paper products"
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).
"Printing and writing papers"
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, news-print,
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).
"Prohibited container contaminants"
means the following: (1) discarded materials placed in the
blue container that are not identified as acceptable source separated
recyclable materials for the city's blue container; (2) discarded
materials placed in the green container that are not identified as
acceptable source separated green container organic waste for the
city's green container; (3) discarded materials placed in the gray
container that are acceptable source separated recyclable materials
and/or source separated green container organic wastes to be placed
in city's green container and/or blue container; and (4) excluded
waste placed in any container.
"Recovered organic waste products"
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).
"Recovery"
means any activity or process described in 14
CCR Section
18983.1(b), or as otherwise defined in 14
CCR Section 18982(a)(49).
"Recycled-content paper"
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).
"Renewable gas"
means gas derived from organic waste that has been diverted
from a California landfill and processed at an in-vessel digestion
facility that is permitted or otherwise authorized by 14
CCR to recycle
organic waste, or as otherwise defined in 14
CCR Section 18982(a)(62).
"Restaurant"
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).
"Route review"
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).
"SB 1383"
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.
"SB 1383 Regulations" or "SB 1383 Regulatory"
means or refers to, for the purposes of this chapter, the
Short-Lived Climate Pollutants: Organic Waste Reduction Regulations
developed by CalRecycle and adopted in 2020 that created 14
CCR, Division
7, Chapter 12 and amended portions of regulations of 14
CCR and 27
CCR.
"Self-hauler"
means a person, who hauls solid waste, organic waste 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
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). A self-hauler must be a
person within the city who is not primarily engaged in the business
of collection, removal or transportation of solid waste, organic waste,
or recyclables, but in the course of performing the person's primary
business function incidentally transports solid waste, organic waste,
or recyclables with equipment owned or leased by that person. Examples
of self-haulers include, but are not limited to, gardeners, landscapers,
and household cleanup service firms. A person who is engaged in the
business of collection, removal or transportation of C&D material
(other than as work performed ancillary to the person's business and
using that person's own forces and equipment) is not a self-hauler
under any circumstance.
"Single-family"
means of, from, or pertaining to any residential premises
with fewer than five units.
"Solid waste"
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:
(2)
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).
(3)
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.
"Source separated"
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 or other solid waste for the purposes of collection and processing.
"Source separated blue container organic waste"
means source separated organic waste that can be placed in
a blue container that: (1) is limited to the collection of those organic
wastes and non-organic recyclables as defined in Section 18982(a)(43),
or as otherwise defined by Section 17402(a)(18.7); and (2) excludes
any other organic waste that an organics 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.
"Source Separated green container organic waste"
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; non-compostable paper; paper products; printing
and writing paper; and any other organic waste that an organics 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.
"State"
means the state of California.
"Supermarket"
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,
or as otherwise defined in 14
CCR Section 18982(a)(71).
"Tier one commercial edible food generator"
means a commercial edible food generator that is one of the
following:
(2)
Grocery store with a total facility size equal to or greater
than ten thousand square feet.
(5)
Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one
commercial edible food generator differs from this definition, the
definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.
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"Tier two commercial edible food generator"
means a commercial edible food generator that is one of the
following:
(1)
Restaurant with two hundred fifty or more seats, or a total
facility size equal to or greater than five thousand square feet.
(2)
Hotel with an on-site food facility and two hundred or more
rooms.
(3)
Health facility with an on site food facility and one hundred
or more beds.
(6)
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.
(7)
A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two
commercial edible food generator differs from this definition, the
definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.
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"Wholesale food vendor"
means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables)
is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination, or as otherwise defined
in 14
CCR Section 189852(a)(76).
(Ord. 2064 § 5, 2021)
Organic waste generators shall subscribe to a three container collection service which includes a blue container, green container and gray container, and shall comply with the following requirements except single-family generators that meet all the applicable self-hauler requirements in Chapter
6.08 of this code:
(a) Shall subscribe to the city's organic waste collection services for all organic waste generated as described in subsection
(b) of 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 organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14
CCR Section 18984.9(c).
(b) Shall
participate in the city's organic waste collection service(s) by placing
designated materials in designated containers as described below,
and shall not place prohibited container contaminants in collection
containers. 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.
(Ord. 2064 § 5, 2021)
Generators that are commercial businesses, including multifamily
residential dwellings, shall:
(a) Subscribe to city's three-container collection services and comply with requirements of those services as described below in subsection
(b) of this section, except commercial businesses that meet all self-hauler requirements set forth in Chapter
6.08 of this code. 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 and Chapter
6.08, participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below.
(1) 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.
(2) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections 3(a) and 3(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 businesses' instructions to support its compliance with its self-haul program, in accordance with all applicable self-hauler requirements in Chapter
6.08.
(3) 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 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 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 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 labeling requirements are required on new containers
commencing January 1, 2022.
(4) Multifamily residential dwellings are not required to comply with
container placement requirements or labeling requirements in subsection
3(b) pursuant to 14
CCR Section 18984.9(b).
(5) To the extent practical through education, training, inspection, and/or other measures, excluding multifamily 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 all applicable self-hauler requirements in Chapter
6.08.
(6) Excluding multifamily 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).
(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 city or its designee to their properties during all inspections conducted in accordance with Section
6.10.140 of this chapter to confirm compliance with the requirements of this chapter.
(10) Accommodate and cooperate with city's program for inspection of the
contents of containers for prohibited container contaminants, which
may be implemented by city at a later date, to evaluate generator's
compliance with subsection (b) of this section.
(11) At commercial business's 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, meet the self-hauler requirements in Section
6.10.100 of this chapter or as otherwise specified and applicable in Chapter
6.08.
(13) 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).
(14) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section
6.10.070 of this chapter.
(Ord. 2064 § 5, 2021)
In interpreting this chapter in conjunction with the city's general solid waste regulations (Glendora Municipal Code Chapter
6.08), in the event of any conflict between Chapter
6.08 and Chapter
6.10 that cannot be reasonably harmonized through the application of lawful principles of statutory construction, the provisions of this chapter shall control with respect to all issues specific to the regulation of organic and food waste collection, disposal, enforcement and penalties.
(Ord. 2064 § 5, 2021)
This chapter shall be effective commencing on January 1, 2022.
(Ord. 2064 § 5, 2021)