In accordance with the procedure designated in Section 50001,
et seq., of the Government Code of the State of California, there
is hereby adopted by reference as the Solid Waste Ordinance of the
City of Inglewood that certain set of solid waste regulations known
as the "Solid Waste Ordinance of the County of Los Angeles No. 11,886,"
adopted by the Board of Supervisors of the County of Los Angeles on
March 13, 1979, together with all amendments supplementary thereto
adopted to date.
(Ord. 2370 6-3-79)
Whenever there is a conflict between any of the provisions of
said Solid Waste Code and any provision contained in the Inglewood
Municipal Code relating to the same subject matter, the latter shall
prevail.
(Ord. 2370 6-3-79)
(a)
Any person
who operates a solid waste facility except as permitted by a solid
waste facilities permit, or who owns a disposal site and intentionally
or negligently causes or permits the operator of such disposal site
to violate a solid waste facilities permit or to operate such disposal
site without a solid waste facilities permit, or who intentionally
or negligently violates any standard adopted by the board for the
storage or removal of solid wastes, shall be subject to a civil penalty
not to exceed $1,000 for each day such violation or operation occurs.
(b)
The attorney authorized to act on behalf of the enforcement agency, at the request of the enforcement agency, shall petition the Superior Court to impose, assess, and recover the sums provided in subsection (a).
(c)
Remedies
under this Section are in addition to and do not supersede or limit,
any other remedies, civil or criminal.
(Ord. 2370 6-3-79)
(Ord. 22-07 4-5-22)
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40000, et seq., as amended, supplemented, superseded, and replaced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
City 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 commercial businesses and multifamily dwellings that generate a
specified threshold amount of solid waste to arrange for recycling
services and requires jurisdictions to implement a mandatory commercial
recycling program.
(c)
State
Organic Materials 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 commercial businesses and multifamily dwellings 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 jurisdictions to implement a recycling program
to divert organic materials from commercial businesses and multifamily
dwellings subject to the law, and requires jurisdictions to implement
a mandatory commercial organic materials recycling program.
(d)
Senate
Bill (SB) 1383, the Short-lived Climate Pollutant Reduction Act of
2016, requires CALRecycle to develop regulations to reduce organic
waste in landfills as a source of methane. The regulations place requirements
on multiple entities including jurisdictions, residential households,
multifamily dwellings, commercial businesses, commercial edible food
generators, haulers, self-haulers, food recovery organizations, and
food recovery services to support achievement of the SB 1383 statewide
organic waste disposal reduction targets.
(e)
SB
1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
jurisdictions to adopt and enforce an ordinance or enforceable mechanism
to implement relevant provisions of SB 1383 regulations. The ordinance
codified herein 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. 22-07 4-5-22)
means the agreement between the City and the franchisee for
the collection, transportation, recycling, processing, and disposal
of recyclable materials, organic materials, and solid waste, and other
services related to meeting the goals and requirements of applicable
law, such as AB 939, AB 341, AB 1826, and SB 1383, including all exhibits
and attachments, and any amendments thereto.
means solid waste that is collected in a black container
that is part of a three-container discarded materials collection service
that prohibits the placement of prohibited container contaminants
in the black container as specified in 14 CCR Sections 18984.1(a)
and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.6).
Black container waste includes carpet and textiles.
has the same meaning as in 14 CCR Section 18982(a)(5) and
shall be used for the purpose of storage and collection of source
separated recyclable materials.
has the same meaning as in 14 CCR Section 18982(a)(5.5) and
shall be used for the purpose of storage and collection of source
separated food waste.
means the State of California Code of Regulations. CCR references
in the ordinance codified herein are preceded with a number that refers
to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14
of CCR).
means the State of California's Department of Resources Recycling
and Recovery, and, as this department was structured prior to January
1, 2010, the California Integrated Waste Management Board or CIWMB.
means City of Inglewood, a municipal corporation and charter
city, and all the territory lying within the municipal boundaries
of the City as presently existing or as such boundaries may be modified.
means the City Manager, Assistant City Manager, Public Works
Director, Code Enforcement Manager, Code Enforcement Officer, City
Sanitation Officer, Chief, or other executive in charge or designated
authorized person(s) who is/are partially or wholly responsible for
enforcing the ordinance codified herein.
shall mean the City Manager of the City of Inglewood, or
their designated representative.
means to take physical possession, transport, and remove
solid waste within and from the City.
refers to services performed at or for commercial premises.
includes tier one commercial edible food generators and tier
two commercial edible food generators, or as otherwise defined in
14 CCR Section 18982(a)(7). For the purposes of this definition, food
recovery organizations and food recovery services are not considered
commercial edible food generators.
means premises upon which business activity is conducted,
including but not limited to retail sales, services, wholesale operations,
manufacturing and industrial operations, but excluding residential
premises upon which business activities are conducted when such activities
are permitted under applicable zoning regulations and are not the
primary use of the property. Notwithstanding any provision to the
contrary herein, in the Inglewood Municipal Code, or otherwise, for
purposes of the ordinance codified herein, premises upon which the
following uses are occurring shall be deemed to be commercial premises:
adult residential facilities, assisted living facilities, convalescent
homes, dormitories, extended stay motels, group residential facilities,
group care facilities, hotels, and motels.
means a review of records by a City Manager or designee to
determine compliance with the ordinance codified herein.
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 the ordinance codified herein,
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.
means plastic materials that meet the ASTM D6400 standard
for compostability.
means any combination of inert building materials and solid
waste resulting from construction, remodeling, repair, cleanup, or
demolition operations as defined in California Code of Regulations,
Title 22 Section 66261.3 et seq. This term includes, but is not limited
to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum
wallboard, cardboard, and other associated packaging; roofing material,
ceramic tile, carpeting, plastic pipe, and steel. The material may
be commingled with rock, soil, tree stumps; and other vegetative matter
resulting from land clearing and landscaping for construction or land
development projects.
means a receptacle for temporary storage of discarded materials.
Containers include, but are not limited to, bins, carts, split containers,
barrels, roll-off boxes, compactors, cans, buckets, or other storage
instruments.
means a container, regardless of color, that contains prohibited
container contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
means an entity that the City contracts with or otherwise
arranges to carry out any of the City's responsibilities of the ordinance
codified herein as authorized in 14 CCR Section 18981.2. A designee
may be a government entity, a hauler, franchisee, a private entity,
or a combination of those entities.
are a form of solid waste and shall be regulated as such.
For purposes of the ordinance codified herein, material is deemed
to have been discarded, without regard to whether it is destined for
processing or disposal, and whether or not it has been separated from
other solid wastes, in all cases where a fee or other compensation,
in any form or amount, is directly or indirectly solicited from, or,
levied, charged, or otherwise imposed on, or paid by, the generator
or customer in exchange for handling services. As used herein, handling
services include, without limitation, the collection, removal, transportation,
delivery, processing, and/or disposal of the material. Discarded materials
do not include edible food that is recovered for human consumption
and is not discarded. Discarded materials include source separated
recyclable materials, source separated organic materials, food waste,
refuse, black container waste, and C&D material once the materials
have been placed in containers for collection.
means the ultimate disposition of solid waste collected by
company at a landfill or otherwise in full regulatory compliance.
means to prevent discarded materials from disposal at landfill
or transformation facilities (including facilities using incineration,
pyrolysis, distillation, gasification, or biological conversion methods)
through source reduction, reuse, recycling, composting, anaerobic
digestion, or other method of processing.
means food intended for human consumption. For the purposes
of the ordinance codified herein, edible food is not solid waste or
discarded materials if it is recovered and not discarded. Nothing
in the ordinance codified herein requires or authorizes the recovery
of edible food that does not meet the food safety requirements of
the California Retail Food Code. If the definition in 14 CCR Section
18982(a)(18) for edible food differs from this definition, the definition
in 14 CCR Section 18982(a)(18) shall apply to the ordinance codified
herein.
means an action of the City to address noncompliance with
the ordinance codified herein including, but not limited to, issuing
administrative citations, fines, penalties, or using other remedies.
means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, biomedical, infectious, biohazardous,
and toxic substances or material, waste that franchisee reasonably
believes would, as a result of or upon disposal, be a violation of
local, State or Federal law, regulation or ordinance, including land
use restrictions or conditions, waste that cannot be disposed of in
Class III landfills, waste that in the franchisee's reasonable opinion
would present a significant risk to human health or the environment,
cause a nuisance or otherwise create or expose the franchisee or City
to potential liability; but not including de minimis volumes or concentrations
of waste of a type and amount normally found in residential solid
waste after implementation of programs for the safe collection, 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, or household
batteries when properly 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 primarily 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, including, but not limited to:
A food bank as defined in Section 113783 of the Health and Safety
Code;
A nonprofit charitable organization; and
A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code. 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 the ordinance codified herein.
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).
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
scraps is a subset of food waste.
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).
means 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.
means source separated food scraps, and food-soiled paper.
Food waste is a subset of source separated green container organic
waste (source separated organic materials).
shall mean any person(s), firm or corporation to whom a franchise
has been granted by the City for the collection, processing, recycling
and/or disposal of discarded materials.
means any person whose act first causes discarded materials
to become subject to regulation under Federal, State, or local regulations.
has the same meaning as in 14 CCR Section 18982(a)(29) and
shall be used for the purpose of storage and collection of source
separated green container organic waste.
means tree trimmings, wood stumps, grass cuttings, dead plants,
leaves, branches, flowers, plant stocks, and dead trees (not more
than six inches in diameter or thirty-six inches in length) and similar
materials. Green waste is a subset of organic waste.
means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and
poultry; and any area that is not separately owned within the store
where the food is prepared and served, including a bakery, deli, and
meat and seafood departments, or as otherwise defined in 14 CCR Section
18982(a)(30).
means the designated 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).
is defined to include any hazardous or toxic substance, material
or waste, or a mixture of wastes, which is or becomes regulated by
any local governmental authority, the State of California, or the
United States Government. The term "hazardous material" includes,
without limitation, any material or substance which is: (1) petroleum
or oil or gas or any direct or derivate product or byproduct thereof;
(2) defined as a "hazardous waste," "extremely hazardous waste" or
"restricted hazardous waste" under Sections 25115, 25117 or 25122.7,
or listed pursuant to Section 25140, of the California Health and
Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law);
(3) defined as a "hazardous substance" under Section 25316 of the
California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner
Hazardous Substance Account Act); (4) defined as a "hazardous material,"
"hazardous substance," or "hazardous waste" under Sections 25501(j)
and (k) and 25501.1 of the California Health and Safety Code, Division
20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory);
(5) defined as a "hazardous substance" under Section 25281 of the
California Health and Safety Code, Division 20, Chapter 6.7 (Underground
Storage of Hazardous Substances); (6) "used oil" as defined under
Section 25250.1 of the California Health and Safety Code; (7) asbestos;
(8) listed under Chapter 11 of Division 4.5 of Title 22 of the California
Code of Regulations, or defined as hazardous or extremely hazardous
pursuant to Chapter 10 of Division 4.5 of Title 22 of the California
Code of Regulations; (9) defined as waste or a hazardous substance
pursuant to the Porter-Cologne Act, Section 13050 of the California
Water Code; (10) designated as a "toxic pollutant" pursuant to the
Federal Water Pollution Control Act, 33 U.S.C. Section 1317; (11)
defined as "hazardous waste" pursuant to the Federal Resource Conservation
and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. Section
6903); (12) defined as a "hazardous substance" pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C.
Section 6901); (13) defined as "hazardous material" pursuant to the
Hazardous Materials Transportation Act 29 U.S.C. Section 5101, et
seq.; or (14) defined as such or regulated by any "superfund" or "superlien"
law, or any other Federal, State or local law, statute, ordinance,
code, rule, regulation, order or decree regulating, relating to, or
imposing liability or standards of conduct concerning hazardous materials
and/or oil wells and/or underground storage tanks and/or pipelines,
as now, or at any time hereafter, in effect.
means all substances defined as hazardous waste, acutely
hazardous waste, or extremely hazardous waste by the State of California
in Health and Safety Code Section 25110.02, Section 25115, and Section
25117 or in the future amendments to or recodifications of such statutes
or identified and listed as hazardous waste by the US 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 hazardous waste generated at residential premises.
means a site visit where a City reviews records, containers,
and an entity's collection, handling, recycling, or landfill disposal
of recyclable materials, organic waste, solid waste or edible food
handling to determine if the entity is complying with requirements
set forth in the ordinance codified herein, 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 the ordinance codified herein.
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 14 CCR, Division 7, Chapter 12 and the ordinance codified herein,
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 14 CCR,
Division 7, Chapter 12 and the ordinance codified herein, 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 the ordinance codified herein.
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).
means any building or lot containing five or more dwelling
units. Multifamily dwelling units generally receive solid waste handling
services through the use of shared containers.
includes, but is not limited to, paper that is coated in
a plastic material that will not break down in the composting process,
or as otherwise defined in 14 CCR Section 18982(a)(41).
means the following entities that are not subject to the
City's enforcement authority, or as otherwise defined in 14 CCR Section
18982(a)(42):
Special district(s) located within the boundaries of the City.
Federal facilities, including military installations, located
within the boundaries of the City.
Prison(s) located within the boundaries of the City.
Facilities operated by the State Park system located within
the boundaries of the City.
Public and district schools not bounded under the sovereignty
of the local municipal government; universities (including community
colleges) located within the boundaries of the City.
County fairgrounds located within the boundaries of the City.
State agencies located within the boundaries of the City.
means green waste and food waste, individually or collectively.
No discarded material shall be considered to be organic materials,
however, unless it is separated from recyclable materials and solid
waste. organic materials are a subset of 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 papers,
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).
means any individual, firm, association, organization, partnership,
corporation, business trust, joint venture, the United States, the
State of California, the County of Los Angeles, cities, and special
purpose districts.
means any land or building in the City where solid waste
is generated or accumulated.
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 controlled separation, recovery, volume reduction,
conversion, or recycling of solid waste, including, but not limited
to, organized, manual, automated, or mechanical sorting, the use of
vehicles for spreading of waste for the purpose of recovery, and/or
includes the use of conveyor belts, sorting lines, or volume reduction
equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).
means the following: (i) discarded materials placed in the
blue container that are not identified as acceptable source separated
recyclable materials for the franchisee's blue container; (ii) discarded
materials placed in the green container that are not identified as
acceptable organic materials for the franchisee's green container;
(iii) discarded materials placed in the black container that are acceptable
source separated recyclable materials and/or source separated green
container organic waste to be placed in franchisee's green container
and/or blue container; and (iv) excluded waste placed in any container.
means products made from California, landfill-diverted recovered
organic waste processed in a permitted or otherwise authorized facility,
or as otherwise defined in 14 CCR Section 18982(a)(60).
means the process of collecting, sorting, cleansing, treating,
and reconstituting materials for the purpose of returning 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. Recycling includes processes deemed
to constitute a reduction of landfill disposal pursuant to 14 CCR,
Division 7, Chapter 12, Article 2. Recycling does not include gasification
or transformation, as defined in Public Resources Code Section 40201.
means materials, by-products, or components of such materials
set aside, handled, packaged, or offered for collection in a manner
different from solid waste for the purpose of recycling.
means a form of solid waste and shall be regulated as such.
Refuse refers specifically to black container waste.
means regional agency as defined in Public Resources Code
Section 40181.
refers to services performed at and for residential premises.
means premises upon which dwelling units exist, including,
without limitation, single family and multifamily dwellings, apartments,
boarding or rooming houses, condominiums, mobile homes, efficiency
apartments, and second units. Notwithstanding any provision to the
contrary herein, in the Inglewood Municipal Code, or otherwise, for
purposes of the ordinance codified herein, premises upon which the
following uses are occurring shall not be deemed to be residential
premises, and rather shall be deemed to be commercial premises: adult
residential facilities, assisted living facilities, convalescent homes,
dormitories, extended stay motels, group residential facilities, group
care facilities, hotels and motels. Other businesses not specifically
listed at which residency is transient in nature and hence may be
classified as commercial premises, as determined by City on a case-by-case
basis.
means the owner, property manager, tenant, lessee, occupant,
or other designee that subscribes to and pays for recyclable materials,
organic materials, and/or solid waste collection services for a premises/dwelling
in the City, or if there is no such subscriber, the owner or property
manager of a single family dwelling, multifamily dwelling, or commercial
premises. In instances of dispute or uncertainty regarding who is
the responsible party for a premises, responsible party shall mean
the owner of a residential premises or commercial premises.
means an establishment primarily engaged in the retail sale
of food and drinks for on-premises or immediate consumption, or as
otherwise defined in 14 CCR Section 18982(a)(64).
means a visual inspection of containers along a hauler route
for the purpose of determining container contamination and may include
mechanical inspection methods such as the use of cameras, or as otherwise
defined in 14 CCR Section 18982(a)(65).
means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7,
and 39730.8 to the Health and Safety Code, and added Chapter 13.1
(commencing with Section 42652) to Part 3 of Division 30 of the Public
Resources Code, establishing methane emissions reduction targets in
a statewide effort to reduce emissions of short-lived climate pollutants
as amended, supplemented, superseded, and replaced from time to time.
For the purposes of the ordinance codified herein, SB 1383 specifically
refers to the Short-Lived Climate Pollutants (SLCP): Organic Waste
Reduction regulations developed by CALRecycle and adopted on November
3, 2020 that created Chapter 12 of 14 CCR, Division 7 and amended
portions of regulations of 14 CCR and 27 CCR.
means a person who hauls refuse, organic waste, or recyclable
materials they have generated to another person as defined in 14 CCR
Section 18982(a)(66). Self-hauler also includes a person who back-hauls
discarded materials. Back-haul means generating and transporting recyclable
materials or 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).
means a building or lot containing four or fewer residential
dwelling units.
means all discarded putrescible and non-putrescible solid,
semisolid, and liquid wastes, including refuse, construction and demolition
debris, bulky items, recyclable materials, and organic waste, or any
combination thereof which are permitted to be disposed of in a Class
III landfill. "Solid waste" includes all solid wastes generated by
residential, commercial, and industrial sources, and all solid waste
generated at construction and demolition sites, and at treatment works
for water and wastewater, which are collected and transported under
the authorization of the City or are self-hauled by residents or contractors.
Solid waste does not include agricultural crop residues, mining waste
and fuel extraction waste, forestry wastes, ash from industrial boilers,
furnaces and incinerators or hazardous material, any waste which is
not permitted to be disposed of at a Class III landfill and which
fall within the definition of "non-hazardous solid waste" set forth
in Title 23, Chapter 15, Section 2523(a) of the California Code of
Regulations as amended or designated Class II wastes. Materials shall
be deemed "solid waste" consistent with the meaning of California
Public Resources Code Section 40191.
means materials, including commingled recyclable materials,
that have been separated or kept separate from the refuse stream,
at the point of generation, for the purpose of additional sorting
or processing of those materials for recycling, composting, or reuse
in order to return them to the economic mainstream in the form of
raw material for new, reused, or reconstituted products which meet
the quality standards necessary to be used in the marketplace, or
as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes
of the ordinance codified herein, 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 black container waste and other solid waste for
the purposes of collection and processing.
means source separated organic waste that can be placed in
a blue container that is limited to the collection of those organic
wastes and non-organic recyclables as defined in 14 CCR Section 18982(a)(43);
or as otherwise defined by 14 CCR Section 17402(a)(18.7). Source separated
blue container organic waste is a subset of organic waste and source
separated recyclable materials, for the purposes of the ordinance
codified herein.
means source separated organic waste that can be placed in
a green container that is specifically intended for the separate collection
of organic waste by the generator, excluding source separated blue
container organic waste, carpets, non-compostable paper, and textiles.
Source separated green container organic waste is a subset of organic
waste.
means source separated non-organic recyclables and source
separated blue container organic waste.
means a container that is split or divided into segregated
sections, instead of an entire container, or as otherwise specified
in 14 CCR, Division 7, Chapter 12, Article 3.
means the State of California.
means a full-line, self-service retail store with gross annual
sales of two million dollars ($2,000,000.00), or more, and which sells
a line of dry grocery, canned goods, or nonfood items and some perishable
items, or as otherwise defined in 14 CCR Section 18982(a)(71).
means a commercial edible food generator that is one of the
following, each as defined in 14 CCR Section 18982:
means a commercial edible food generator that is one of the
following, each as defined in 14 CCR Section 18982:
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.
A local education agency facility with an on-site food facility.
means the act of transferring the materials collected by
a franchisee in its route vehicles into larger vehicles for transport
to other facilities for the purpose of recycling, processing, or disposing
of such materials.
means the act of conveying collected materials from one location
to another.
means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables)
is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination, or as otherwise defined
in 14 CCR Section 189852(a)(76).
means a commercial business that may apply for a waiver under Section 7-53.7. Under these circumstances, the City Manager or their designee may issue special written permits (waivers) authorizing variations from the provisions of this Chapter. Special written permits include de minimis waivers and physical space waivers.
(Ord. 22-07 4-5-22)
(a)
Requirements
for Franchisee.
(1)
Franchisees providing recyclable materials, organic waste, and/or
solid waste collection services to generators within the City's boundaries
shall meet the following requirements and standards as a condition
of approval of its agreement with the City to collect recyclable materials,
organic materials, and/or solid waste:
(A)
Through written notice to the City annually on or before November
1st of each year, identify the facilities to which they will transport
discarded materials, including facilities for source separated recyclable
materials, source separated organic materials, and solid waste unless
otherwise stated in the agreement with the City.
(B)
Transport source separated recyclable materials to a facility that
recovers those materials; transport source separated organic materials
to a facility, operation, activity, or property that recovers organic
waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; transport
solid waste to a disposal facility or transfer facility or operation
that processes or disposes of solid waste.
(C)
Obtain approval from the City to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D debris in a manner that complies with 14 CCR Section 18989.1, Section 7-53.11 of the ordinance codified herein, and the City's C&D ordinance located in Chapter 7, Article 7.
(2)
Franchisee, authorized to collect recyclable materials, organic materials,
and/or solid waste, shall comply with education, equipment, signage,
container labeling, container color, contamination monitoring, reporting,
and other requirements contained within its agreement with the City.
(3)
The City and its duly authorized agents, servants and employees,
or any other contractors with whom the City may at any time enter
into a contract or franchise therefor, and the agents, servants and
employees of such contractors, while any such contract shall be in
force, shall have the exclusive right to services as identified in
this Chapter, and in the agreement, from all premises in the City
(unless otherwise noted herein or in the agreement); and no person
shall provide services, convey or transport any material in, along
or over any public street, alley or highway in the City, or take any
materials from any container in which the same may be placed for collection
or removal, or interfere with or disturb any such container, or remove
any such container from any location where the same is placed by the
owner thereof.
(4)
Requirements for Facility Operators and Community Composting Operations.
(A)
Owners of facilities, operations, and activities located in the City's
boundaries 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.
(B)
Community composting operators with operations located in the City's
boundaries, 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.
(C)
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 they are required to report to CALRecycle, including
at minimum, those required by AB 901 and SB 1383.
(Ord. 22-07 4-5-22)
(a)
Responsible
parties of single family dwellings shall comply with the following
requirements:
(1)
Subscribe to and pay for franchisee provided three container collection
services for weekly collection of recyclable materials, organic materials,
and solid waste generated by the single family dwellings and comply
with requirements of those services as described below. The City shall
have the right to review the number and size of a generator's containers
to evaluate adequacy of capacity provided for each type of collection
service for proper separation of materials and containment of materials.
The responsible parties for single family dwellings shall adjust their
service level for their collection services as requested by the City
or its designee.
(2)
Participate in the franchisee provided collection service(s) in the
manner described below.
(3)
Place and/or direct its generators to place source separated organic
materials, including food waste, in the organic materials container;
source separated recyclable materials in the blue container; and refuse
in the black container.
(4)
Not place and/or direct its generators to not place prohibited container
contaminants in collection containers and not place materials designated
for the organic materials container or blue container in the black
container.
(Ord. 22-07 4-5-22)
(a)
Responsible
parties of multifamily dwellings shall:
(1)
Subscribe to and pay for franchisee provided collection services
and comply with requirements of those services for all recyclable
materials, organic materials, and refuse generated at the multifamily
dwelling as further described below in this Section. The City shall
have the right to review the number and size of the multifamily dwelling's
collection 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. The responsible
party of a multifamily dwelling shall adjust their service level for
their collection services as requested by the City or its designee.
(2)
Participate in franchisee provided container collection service(s)
for at least weekly collection of recyclable materials, organic materials,
and solid waste in the manner described below.
(A)
A three-or three-plus-container collection service (blue container,
organic materials container(s), black container, and if applicable,
brown container):
(i)
Place and/or direct its generators to place source separated organic
materials, including food waste, in the organic materials container;
source separated recyclable materials in the blue container; and solid
waste in the solid waste container.
(ii)
Not place and/or direct its generators to not place prohibited
container contaminants in collection containers and to not place materials
designated for the organic materials containers or blue containers
in the solid waste containers.
(B)
Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with franchisee's blue container, organic materials container, and solid waste container collection service or, if self-hauling, consistent with the multifamily dwelling's approach to complying with self-hauler requirements in Section 7-53.9 of this Article.
(C)
Provide containers for the collection of source separated recyclable
materials and source separated organic materials in all indoor and
outdoor areas where solid waste containers are provided for customers,
for materials generated by that commercial business. Such containers
shall be visible and easily accessible. 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 responsible party of the commercial business does not have
to provide that particular container in all areas where solid waste
containers are provided for customers. Pursuant to 14 CCR Section
18984.9(b), the containers provided by the responsible party of the
commercial business shall have either:
(i)
A body or lid that conforms with the container colors provided through
the collection service provided by franchisee, with either lids conforming
to the color requirements or bodies conforming to the color requirements
or both lids and bodies conforming to color requirements. The responsible
party of the 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.
(ii)
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.
(D)
To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the franchisee's blue container, organic materials container, and solid waste collection service or, if self-hauling, per the instructions of the commercial business's responsible party to support its compliance with self-hauler requirements of Section 7-53.9.
(E)
Periodically inspect blue containers, organic materials containers,
and solid waste 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).
(F)
Annually provide information to employees, contractors, tenants,
and customers about recyclable materials and organic waste recovery
requirements and about proper sorting of recyclable materials, organic
materials, and solid waste.
(G)
Provide education information before or within fourteen days of occupation
of the premises to new tenants that describes requirements to source
separate recyclable materials and organic materials and to keep source
separated organic materials and source separated recyclable materials
separate from each other and from solid waste (when applicable) and
the location of containers and the rules governing their use at each
property.
(H)
Provide or arrange access for City or its designee to their properties
during all inspections conducted in accordance with the ordinance
codified herein to confirm compliance with the requirements of the
ordinance codified herein.
(Ord. 22-07 4-5-22)
(a)
Responsible
parties of commercial businesses shall provide or arrange for recyclable
materials, organic materials, and solid waste collection services
consistent with the ordinance codified herein and for employees, contractors,
tenants, and customers.
(b)
Except responsible parties of commercial businesses that meet the self-hauler requirements in Section 7-53.9 of this Article, responsible parties of commercial premises shall:
(1)
Subscribe to and pay for franchisee provided collection services
and comply with requirements of those services for all recyclable
materials, organic materials, and solid waste generated at the commercial
premises as further described below in this Section. The City shall
have the right to review the number and size of a commercial premises'
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. The responsible party of
the commercial business shall adjust their service level for their
collection services as requested by the City or its designee.
(A)
Participate in the City's approved collection service(s) for at least
weekly collection of recyclable materials, organic materials, and
solid waste in the manner described below.
(i)
A three- and three-plus-container collection service (blue container,
organic materials container(s), black container, and if applicable,
brown container):
a.
Place and/or direct its generators to place source separated organic
materials, including food waste, in the organic materials container;
source separated recyclable materials in the blue container; and refuse
in the refuse or black container.
b.
Not place and/or direct its generators to not place prohibited container
contaminants in collection containers and to not place materials designated
for the organic materials containers or blue containers in the refuse
or black containers.
(B)
Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with the ordinance codified herein) for employees, contractors, tenants, and customers, consistent with franchisee's blue container, organic materials container, and solid waste container collection service or, if self-hauling, consistent with the commercial premises' approach to complying with self-hauler requirements in Section 7-53.9 of this Article.
(C)
Provide containers for the collection of source separated recyclable
materials and source separated organic materials in all indoor and
outdoor areas where solid waste containers are provided for customers,
for materials generated by that commercial business. Such containers
shall be visible and easily accessible. 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 responsible party of the commercial business does not have
to provide that particular container in all areas where solid waste
containers are provided for customers. Pursuant to 14 CCR Section
18984.9(b), the containers provided by the responsible party of the
commercial business shall have either:
(i)
A body or lid that conforms with the container colors provided through
the collection service provided by franchisee, with either lids conforming
to the color requirements or bodies conforming to the color requirements
or both lids and bodies conforming to color requirements. The responsible
party of the 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.
(ii)
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.
(D)
To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the franchisee's blue container, organic materials container, and solid waste collection service or, if self-hauling, per the instructions of the commercial business's responsible party to support its compliance with self-hauler requirements of this Article in Section 7-53.9.
(E)
Periodically inspect blue containers, organic materials containers,
and solid waste 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).
(F)
Annually provide information to employees, contractors, tenants,
and customers about recyclable materials and organic waste recovery
requirements and about proper sorting of recyclable materials, organic
materials, and solid waste.
(G)
Provide education information before or within fourteen days of occupation
of the premises to new tenants that describes requirements to source
separate recyclable materials and organic materials and to keep source
separated organic materials and source separated recyclable materials
separate from each other and from other solid waste (when applicable)
and the location of containers and the rules governing their use at
each property.
(H)
Provide or arrange access for the City or its designee to their properties
during all inspections conducted in accordance with the ordinance
codified herein to confirm compliance with the requirements of the
ordinance codified herein.
(2)
If the responsible party of a commercial business wants to self-haul, meet the self-hauler requirements in Section 7-53.9 of this Article.
(Ord. 22-07 4-5-22)
(a)
The
responsible party of a commercial premises may apply for waivers where
practical difficulties make it impossible or extremely difficult to
carry out the strict letter of this Chapter with respect to any premise.
Under these circumstances, the City Manager or their designee may
issue special written permits (waivers) authorizing variations from
the provisions of this Chapter, subject to such terms and conditions
as may be deemed necessary to protect the public health and safety
of the City. Special written permits include de minimis waivers and
physical space waivers, as described below.
(b)
De
Minimis Waivers. The City Manager or their designee may waive a commercial
business's obligation (including multifamily dwelling's obligations)
to comply with some or all of the organic material requirements of
the ordinance codified herein if the commercial business provides
documentation, or if the City Manager or their designee has evidence
demonstrating, that the business generates below a certain amount
of organic material as described in this Section below. If the City
Manager or their designee has sufficient evidence demonstrating that
a commercial business generates below a certain amount of organic
waste as described below, it may verify that the commercial business's
organic waste generation meets the threshold without the receipt of
a waiver application as described in below. As part of the organic
waste generation verification process, the City Manager or their designee
may request documentation from the commercial business as described
below.
(1)
The commercial business's or multifamily dwelling's total solid waste
collection service is two cubic yards or more per week and recyclable
materials and organic materials subject to collection in blue container(s)
or organic materials container(s) comprises less than twenty gallons
per week per applicable material stream of the multifamily dwelling's
or commercial business's total waste (i.e., recyclable materials in
the recyclable materials stream are less than twenty gallons per week
or organic materials in the organic materials stream are less than
twenty gallons per week); or
(2)
The commercial business's or multifamily dwelling's total solid waste
collection service is less than two cubic yards per week and recyclable
materials and organic materials subject to collection in a blue container(s)
or organic materials container(s) comprises less than ten gallons
per week per applicable material stream of the multifamily dwelling's
or commercial business's total waste (i.e., recyclable materials in
the recyclable materials stream are less than ten gallons per week
or organic materials in the organic materials stream are less than
ten gallons per week).
(3)
For the purposes of subsections (a) and (b) above, total solid waste
shall be the sum of weekly container capacity measured in cubic yards
for solid waste, recyclable materials, and organic materials collection
service.
(c)
Physical
Space Waivers. The City may waive a commercial business's or multifamily
dwelling's obligations to comply with some or all of the organic material
collection service requirements if the City has evidence from its
own staff, franchisee, licensed architect, or licensed engineer that
the premises lacks adequate space for compliance with the organic
material collection requirements below.
(1)
A physical space waiver may also be requested if a commercial business
or property owner documents that the premises lacks adequate space
for organic material container and recyclable material containers.
(2)
The responsible party of a commercial business or property owner
may request a physical space waiver through the following process:
(A)
Submit an application form specifying the type(s) of collection services
for which they are requesting a compliance waiver.
(B)
Provide documentation that the premises lacks adequate space for
recyclable material containers and/or organic material containers
including documentation from franchisee, licensed architect, or licensed
engineer.
(C)
Provide written verification to the City that it is still eligible
for physical space waiver every five years or when a conditional use
permit is issued, whichever is sooner, if City has approved application
for a physical space waiver.
(3)
Review and Approval of Waivers by City. Commercial businesses or
multifamily dwellings shall:
(A)
Submit a completed application form to the City Manager or their
designee for a waiver specifying the waiver type requested, type(s)
of collection services for which they are requesting a waiver, the
reason(s) for such waiver, and documentation supporting such request.
(B)
Upon waiver approval, the City shall specify that the waiver is valid
for five years.
(C)
A waiver holder shall notify the City if circumstances change such
that commercial business or multifamily dwelling may no longer qualify
for the waiver granted, in which case waiver will be rescinded.
(E)
A waiver holder shall reapply to the City Manager or their designee
for a waiver upon the expiration of the waiver period and shall submit
any required documentation, and/or fees/payments as required by the
City. Failure to submit a completed application shall equate to an
automatic denial of said application.
(F)
The City Manager or their designee may revoke a waiver upon a determination
that any of the circumstances justifying a waiver are no longer applicable.
(Ord. 22-07 4-5-22)
(b)
Large
venue or large event operators not providing food services, but allowing
for food to be provided by others, shall require food facilities operating
at the large venue or large event to comply with the requirements
of this Section, commencing January 1, 2024.
(c)
Commercial
edible food generators shall comply with the following requirements:
(1)
Arrange to recover the maximum amount of edible food that would otherwise
be disposed.
(2)
Contract with or enter into a written agreement with food recovery
organizations or food recovery services for: (i) the collection of
edible food for food recovery; or (ii) acceptance of the edible food
that the commercial edible food generator self-hauls to the food recovery
organization for food recovery.
(3)
Not intentionally spoil edible food that is capable of being recovered
by a food recovery organization or a food recovery service.
(4)
Allow the City's designated enforcement entity or their designee
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 organization that collects
or receives its edible food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
(C)
A record of the following information for each of those food recovery
services or food recovery organizations:
(i)
The name, address and contact information of the food recovery service
or food recovery organization.
(ii)
The types of food that will be collected by or self-hauled to
the food recovery service or food recovery organization.
(iii)
The established frequency that food will be collected or self-hauled.
(iv)
The quantity of food, measured in pounds recovered per month,
collected or self-hauled to a food recovery service or food recovery
organization for food recovery.
(d)
Nothing in the ordinance codified herein shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. 22-07 4-5-22)
(a)
Every self-hauler shall source separate its recyclable materials and organic materials (materials that the City otherwise requires generators or responsible parties to separate for collection in the City's recyclable materials and organic materials collection program) generated on-site from solid waste in a manner consistent with 14 CCR Section 18984.1 and the franchisee's collection program. Self-haulers shall deliver their materials to facilities described in subsection (b) below.
(b)
Self-haulers
that source separate their recyclable materials and organic materials
shall haul their source separated recyclable materials to a facility
that recovers those materials; haul their source separated organic
waste to a facility, operation, activity, or property that processes
or recovers source separated organic waste; haul their solid waste
to a disposal facility or transfer facility or operation that processes
or disposes of solid waste; and transport manure to a facility that
manages manure in conformance with 14 CCR Article 12 and such that
the manure is not landfilled, used as alternative daily cover (ADC),
or used as alternative intermediate cover (AIC).
(Ord. 22-07 4-5-22)
(a)
Food
recovery services collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following
records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1)
The name, address, and contact information for each commercial edible
food generator from which the service collects edible food.
(2)
The quantity in pounds of edible food collected from each commercial
edible food generator per month.
(3)
The quantity in pounds of edible food transported to each food recovery
organization per month.
(4)
The name, address, and contact information for each food recovery
organization that the food recovery service transports edible food
to for food recovery.
(b)
Food
recovery organizations collecting or receiving edible food directly
from commercial edible food generators, via a contract or written
agreement established under 14 CCR Section 18991.3(b), shall maintain
the following records, or as otherwise specified by 14 CCR Section
18991.5(a)(2):
(1)
The name, address, and contact information for each commercial edible
food generator from which the organization receives edible food.
(2)
The quantity in pounds of edible food received from each commercial
edible food generator per month.
(3)
The name, address, and contact information for each food recovery
service that the organization receives edible food from for food recovery.
(c)
Food
recovery organizations and food recovery services that have their
primary address physically located in the City and contract with or
have written agreements with one or more commercial edible food generators
pursuant to 14 CCR Section 18991.3(b) shall report to the City the
total pounds of edible food recovered in the previous calendar year
from the tier one and tier two commercial edible food generators they
have established a contract or written agreement with pursuant to
14 CCR Section 18991.3(b). The annual report shall be submitted to
the City upon City request.
(d)
In
order to support edible food recovery capacity planning assessments
or other studies conducted by the County, City, franchisee, 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.
(Ord. 22-07 4-5-22)
(a)
Persons applying for a permit from the City for new construction and building additions and alternations shall comply with the requirements of this Section 7-53.11, Chapter 7, Article 7 of the City's municipal 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. If the requirements of CALGreen are more stringent than the requirements of this Section, the CALGreen requirements shall apply. Project applicants shall refer to City's building and/or planning code for complete CALGreen requirements.
(b)
For
projects covered by CALGreen, the applicants must, as a condition
of the City's permit approval, comply with the following:
(1)
Where five or more multifamily dwelling units are constructed on
a building site, provide readily accessible areas that serve occupants
of all buildings on the site and are identified for the storage and
collection of blue container and organic materials container materials,
consistent with the three-or three-plus collection program offered
by the franchisee, or comply with provision of adequate space for
recycling for multifamily dwellings 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 or multifamily 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 blue
container and organic materials container materials, consistent with
the collection program offered by franchisee, or shall comply with
provision of adequate space for recycling for multifamily dwellings
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 debris, including diversion of organic waste in C&D
debris from disposal. Comply with the City's construction and demolition
ordinance located in Chapter 7, Article 7 of the City's municipal
code, and all written and published City policies and/or administrative
guidelines regarding the collection, recycling, diversion, tracking,
and/or reporting of C&D debris.
(Ord. 22-07 4-5-22)
(a)
The
City Manager or their designee are authorized to conduct inspections
and investigations, at random or otherwise, of any collection container,
collection vehicle loads, or transfer, processing, or disposal facility
for materials collected from generators, or source separated materials
to confirm compliance with the ordinance codified herein by franchisees,
generators, responsible parties of commercial businesses, responsible
parties of multifamily dwellings, commercial edible food generators,
haulers, 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)
Regulated entity shall provide or arrange for access during all inspections (with the exception of residential premises interiors) and shall cooperate with the City's representative or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of the ordinance codified herein. Failure of a responsible party 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 the ordinance codified herein and may result in penalties described in Section 7-53.13.
(c)
Any
records obtained by a City during its inspections and other reviews
shall be subject to the requirements and applicable disclosure exemptions
of the Public Records Act as set forth in Government Code Section
6250 et seq.
(d)
City
representatives, its designated entity, and/or designee are authorized
to conduct any inspections or other investigations as reasonably necessary
to further the goals of the ordinance codified herein, 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. 22-07 4-5-22)
(a)
Violation
of any provision of the ordinance codified herein may constitute grounds
for issuance of a notice of violation and assessment of a fine by
a City Enforcement Official or representative. Enforcement actions
under the ordinance codified herein are issuance of an administrative
citation and assessment of a fine. The City's procedures on imposition
of administrative citations are located in Chapter 11, Article 11.4
of the municipal code, and are hereby incorporated in their entirety,
as modified from time to time, and shall govern the imposition, enforcement,
collection, and review of administrative citations issued to enforce
the ordinance codified herein and any rule or regulation adopted pursuant
to the ordinance codified herein, except as otherwise indicated in
the ordinance codified herein.
(b)
Other
remedies allowed by law may be used, including civil action or prosecution
as misdemeanor or infraction. The City may pursue civil actions in
the California courts to seek recovery of unpaid administrative citations.
The City may choose to delay court action until such time as a sufficiently
large number of violations, or cumulative size of violations exist
such that court action is a reasonable use of City staff and resources.
(c)
Responsible
Entity for Enforcement.
(1)
Enforcement pursuant to the ordinance codified herein may be undertaken
by the City Enforcement Official, which may be the City Manager or
designee or their designated entity, legal counsel, or combination
thereof.
(d)
Process
for Enforcement.
(1)
The City Manager and/or their designee will monitor compliance with the ordinance codified herein randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 7-53.12 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 the ordinance codified herein.
(3)
For incidences of prohibited container contaminants found in containers,
the City or their designee will issue a notice of contamination to
any generator or responsible party found to have prohibited container
contaminants in a container. Such notice will be provided via a cart
tag or other communication immediately upon identification of the
prohibited container contaminants or within one day after determining
that a violation has occurred. If the City observes prohibited container
contaminants in a responsible party's containers on more than one
occasion, the City or its designee may assess contamination processing
fees or contamination penalties on the generator.
(4)
Absent compliance by the respondent within the deadline set forth
in the notice of violation, City shall commence an action to impose
penalties, via an administrative citation and fine, pursuant to Chapter
11, Article 11.4 of the Inglewood Municipal Code.
(e)
Penalty Amounts for Types of Violations. It shall be unlawful to violate Section 7-53. The penalty levels are as follows:
(f)
Factors
Considered in Determining Penalty Amount. The following factors shall
be used to determine the amount of the penalty for each violation
within the appropriate penalty amount range:
(1)
The nature, circumstances, and severity of the violation(s).
(2)
The violator's ability to pay.
(3)
The willfulness of the violator's misconduct.
(4)
Whether the violator took measures to avoid or mitigate violations
of this chapter.
(5)
Evidence of any economic benefit resulting from the violation(s).
(6)
The deterrent effect of the penalty on the violator.
(7)
Whether the violation(s) were due to conditions outside the control
of the violator.
(g)
Compliance
Deadline Extension Considerations. The City may extend the compliance
deadlines set forth in a notice of violation issued in accordance
with this Section if it finds that there are extenuating circumstances
beyond the control of the respondent that make compliance within the
deadlines impracticable, including the following:
(h)
Appeals
Process. Persons receiving an administrative citation containing a
penalty for an uncorrected violation may request a hearing to appeal
the citation. A hearing will be held only if it is requested within
the time prescribed and consistent with City's Chapter 11, Article
11.4 of the Inglewood Municipal Code.
(i)
Education
Period for Noncompliance. Beginning January 1, 2022 and through December
31, 2023, the City will conduct inspections, route reviews or waste
evaluations, and compliance reviews, depending upon the type of regulated
entity, to determine compliance, and if the City determines that a
generator, franchisee, responsible party, self-hauler, hauler, tier
one commercial edible food generator, food recovery organization,
food recovery service, or other entity is not in compliance, it shall
provide educational materials to the entity describing its obligations
under the ordinance codified herein and a notice that compliance is
required by January 1, 2022, and that violations may be subject to
administrative civil penalties starting on January 1, 2024.
(j)
Civil
Penalties for Noncompliance. Beginning January 1, 2024, if the City
determines that a generator, responsible party, self-hauler, hauler,
tier one or tier two commercial edible food generator, food recovery
organization, food recovery service, or other entity is not in compliance
with the ordinance codified herein, it shall document the noncompliance
or violation, issue a notice of violation, and take enforcement action
pursuant to this Section, as needed.
(Ord. 22-07 4-5-22)
