For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein, or as otherwise defined in 14 California Code of Regulations 18982, as amended. Terms defined elsewhere in Title 8 shall have the same meanings herein unless expressly defined in this chapter.
"Blue container"
means the same as provided in 14 California Code of Regulations Section 18982(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.
"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 multi-family residential dwelling. 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. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.
"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 100 cubic yards and 750 square feet, as specified in 14 California Code of Regulations Section 18982(a)(8).
"Compliance review"
means a review of records by the City to determine compliance with this chapter.
"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, as may be amended from time to time.
"Container contamination" or "contaminated container"
means a container, regardless of color, that contains prohibited container contaminants.
"C&D"
means construction and demolition debris.
"Designee"
means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this chapter as authorized in 14 California Code of Regulations 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. for the purposes of this chapter, "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 California Code of Regulations, 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 by the City to address noncompliance 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: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City'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.
"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.
"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, including, but not limited to:
1. 
A food bank as defined in Section 113783 of the Health and Safety Code;
2. 
A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code;
3. 
A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code; and
4. 
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 California Code of Regulations, Division 7, Chapter 12.
"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. A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 California Code of Regulations, Division 7, Chapter 12.
"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.
"Gray container"
means the same as provided in 14 California Code of Regulations Section 18982(a)(28) and shall be used for the purpose of storage and collection of gray container waste.
"Gray container waste"
means solid waste that is collected in a gray container as specified in 14 California Code of Regulations Sections 18984.1(a) and (b), or as otherwise defined in 14 California Code of Regulations Section 17402(a)(6.5). Gray container waste may specifically include carpet, non-compostable paper, and textiles.
"Green container"
means the same as provided in 14 California Code of Regulations Section 18982(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 a bakery, deli, and meat and seafood departments.
"Hauler route"
means the designated itinerary or sequence of stops for each segment of the City's collection service area.
"High diversion organic waste processing facility"
means a facility that is in compliance with the reporting requirements of 14 California Code of Regulations Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022 and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to 14 California Code of Regulations Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 California Code of Regulations Section 18982(a)(33).
"Inspection"
means a site visit where the City or its designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter.
"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 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
"Large venue"
means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 California Code of Regulations, 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 California Code of Regulations, 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.
"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.
"Multifamily residential dwelling(s)" 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 California Code of Regulations, 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 break down in the composting process.
"Non-local entity"
include, but are not limited to, the following entities that are not subject to the City's enforcement authority, as described in 14 California Code of Regulations, Section 18982(a)(42).
"Non-organic recyclables"
means non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass.
"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. Biosolids and digestate are as defined by 14 California Code of Regulations, Section 18982(a).
"Organic waste generator"
means a person or entity that is responsible for the initial creation of organic waste.
"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.
"Recovery"
means any activity or process described in 14 California Code of Regulations, Section 18983.1(b).
"Remote monitoring"
means the use of the Internet of Things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
"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.
"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:
1. 
Hazardous waste, as defined in the State Public Resources Code Section 40141.
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. 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 wastes 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 Section 18982(a)(43).
"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, carpets, non-compostable paper, and textiles.
"Source separated recyclable materials"
means source separated non-organic recyclables and source separated blue container organic waste.
"Supermarket"
means a full-line, self-service retail store with gross annual sales of $2,000,000.00, or more, which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.
"Tier one commercial edible food generator"
means a commercial edible food generator that is one of the following:
1. 
Supermarket.
2. 
Grocery store with a total facility size equal to or greater than 10,000 square feet.
3. 
Food service provider.
4. 
Food distributor.
5. 
Wholesale food vendor.
"Tier two commercial edible food generator"
means a commercial edible food generator that is one of the following:
1. 
Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2. 
Hotel with an on-site food facility and 200 or more rooms.
3. 
Health facility with an on-site food facility and 100 or more beds.
4. 
Large venue.
5. 
Large event.
6. 
A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
7. 
A local education agency facility with an on-site food facility.
"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.
(4247-1/22)
Single-family organic waste generators shall:
A. 
Subscribe to the City's three-container organic waste collection services. The City shall have the right to review the number, size, and location of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and the generator shall adjust its service level for its collection services as requested by the City.
B. 
Participate in the City's three-container system for source separated recyclable materials, source separated green container organic materials, and gray container waste collection services. Generators shall place source separated green container organic waste in the green container; source separated recyclable materials in the blue container; and mixed waste, including food waste, in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
Notwithstanding the above, the City is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this chapter and the regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed by the franchise hauler on the containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until compliant colored containers are provided, (blue container, green container, and gray container), single-family waste generators shall comply with the container label requirements.
C. 
Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, and/or using a community composting site pursuant to 14 California Code of Regulations, Section 18984.9(c).
(4247-1/22)
Commercial businesses, which includes multifamily residential dwellings shall:
A. 
Subscribe to the City's three-container organic waste collection services. The City shall have the right to review the number, size, and location of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the City.
B. 
Participate in and comply with the City's three-container (blue container, green container, and gray container) collection service by placing designated materials in designated containers. 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.
Notwithstanding the above, the City is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this chapter and the regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed by the franchise hauler on the containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until compliant colored containers are provided, (blue container, green container, and gray container), single-family waste generators shall comply with the container label requirements.
C. 
Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 8.30.030(d)(1) and 8.30.030 (d)(2) below) for employees, contractors, tenants, and customers, consistent with the City's blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program.
D. 
Excluding multifamily residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 California Code of Regulations Section 18984.9(b), the containers provided by the business shall have either:
1. 
A body or lid that conforms with the container colors provided through the collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
2. 
Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 California Code of Regulations Section 18984.8, the container labels are required on new containers commencing January 1, 2022.
E. 
Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements pursuant to 14 California Code of Regulations Section 18984.9(b).
F. 
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 with Section 8.22.080 of this chapter.
G. 
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 California Code of Regulations, Section 18984.9(b)(3).
H. 
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.
I. 
Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container 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.
J. 
Provide or arrange access for the City or its agent to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.
K. 
If implemented, accommodate and cooperate with the City's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate a generator's compliance with this chapter. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and/or gray containers.
L. 
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 California Code of Regulations Section 18984.9(c).
M. 
Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements of this chapter.
(4247-1/22)
A. 
De Minimis Waivers. The City may, at its discretion, waive a commercial business' requirement (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business:
1. 
Submits an application specifying the services that they are requesting a waiver from.
2. 
Provides documentation that either:
a. 
The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business' total waste; or
b. 
The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per applicable container of the business' total waste; and
3. 
Notifies the City if circumstances change such that commercial business' organic waste exceeds the threshold required for waiver, in which case waiver will be rescinded; and
4. 
Provides written verification of eligibility for de minimis waiver every five years, if the City has approved de minimis waiver.
B. 
Physical Space Waivers. The City may, at its discretion, waive a commercial business' or property owner's obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter.
A commercial business or property owner may request a physical space waiver through the following process:
1. 
Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. 
Provide documentation that the premises lack adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
3. 
Provide written verification to the City that it is still eligible for physical space waiver every five years, if the City has approved application for a physical space waiver.
C. 
Collection Frequency Waiver. The City, at its discretion and in accordance with 14 California Code of Regulations, Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City's three-container organic waste collection service to arrange for the collection of their blue container, gray container, or both once every 14 days, rather than once a week.
(4247-1/22)
A. 
Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 California Code of Regulations Section 18991.3.
B. 
Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
C. 
Commercial edible food generators shall comply with the following requirements:
1. 
Arrange to recover the maximum amount of edible food that would otherwise be disposed.
2. 
Contract with, or enter into a written agreement with, food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. 
Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. 
Allow the City's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 California Code of Regulations Section 18991.4.
5. 
Keep records that include the following information, or as otherwise specified in 14 California Code of Regulations 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 California Code of Regulations Section 18991.3(b).
b. 
A copy of all contracts or written agreements established under 14 California Code of Regulations, Section 18991.3(b).
c. 
A record of the following information for each of those food recovery services or food recovery organizations:
i. 
The name, address and contact information of the food recovery service or food recovery organization.
ii. 
The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. 
The established frequency that food will be collected or self- hauled.
iv. 
The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
6. 
Commencing no later than February 1, 2022 for tier one commercial edible food generators and February 1, 2024 for tier two commercial edible food generators, commercial edible food generators shall provide a quarterly food recovery report to the City that includes the information required in 14 California Code of Regulations Section 18991.4 "Record Keeping Requirements for Commercial Edible Food Generators."
D. 
Nothing in this section 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.
(4247-1/22)
A. 
Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 California Code of Regulations Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 California Code of Regulations 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 California Code of Regulations Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 California Code of Regulations 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. 
Commencing January 1, 2022, 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 California Code of Regulations 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 California Code of Regulations Section 18991.3(b), as applicable.
D. 
In order to support edible food recovery capacity planning assessments or other studies conducted by the City that provides solid waste collection services or its designated entity, food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
E. 
Commencing no later than January 1, 2022, food recovery services and organization shall provide a quarterly report to the City which includes the information required in 14 California Code of Regulations, Section 18991.5 "Food Recovery Services and Organizations."
(4247-1/22)
A. 
Requirements for Haulers.
1. 
The franchise hauler providing residential, commercial, or industrial organic waste collection services to generators within the City's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect organic waste:
a. 
Through written notice to the City annually on or before January 1st, identify the facilities to which they will transport organic waste including the facilities for source separated recyclable materials and source separated green container organic waste, as applicable.
b. 
Transport source separated recyclable materials and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 California Code of Regulations, Division 7, Chapter 12, Article 2.
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 in a manner that complies with 14 California Code of Regulations.
d. 
Section 18989.1 and the Huntington Beach Municipal Code.
e. 
The franchise hauler shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, as may be amended from time to time.
f. 
Notwithstanding any of the foregoing, nothing in this chapter shall restrict or otherwise prohibit the franchise hauler from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time.
B. 
Requirements for Facility Operators and Community Composting Operations.
1. 
Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon the City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.
2. 
Community composting operators, upon the City's 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 60 days.
(4247-1/22)
As applicable, all persons and/or entities subject to the MWELO shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G), as amended September 15, 2015. The MWELO compliance items listed herein are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined herein shall consult the full MWELO for all requirements.
If after the adoption of this chapter, the California Department of Water Resources, or its successor agency, amends 23 California Code of Regulations Sections 492.6(a)(3)(B), (C), (D), and (G) in a manner that requires the City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements are more stringent than those required in this section, the revised requirements shall be enforced.
(4247-1/22)
A. 
City representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter, subject to applicable laws. This section does not allow the City to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance for this chapter, the City may conduct container Inspections for prohibited container contaminants using remote monitoring and commercial businesses shall accommodate and cooperate with the remote monitoring where applicable.
B. 
Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the City's employees or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (1) access to an entity's premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.
C. 
Any records obtained by a City during its inspections, remote monitoring, 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, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
E. 
The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
(4247-1/22)
The Director shall make such rules and regulations as may be necessary and proper to enforce the provisions of this chapter. A copy of any rule or regulation promulgated by the Director shall be provided to the City Council.
(4247-1/22)
A. 
Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a City Enforcement Official or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines 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 this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.
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. 
Enforcement pursuant to this chapter may be undertaken by the Enforcement Official, which may be the City Manager or their designated entity, legal counsel, or combination thereof.
D. 
Process for Enforcement.
1. 
Enforcement Officials and/or their designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program, which may include remote monitoring.
2. 
The City may issue an official notification to notify regulated entities of its obligations under this chapter.
3. 
For incidences of prohibited container contaminants found in containers, the City will issue a notice of violation to any generator 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 five days after determining that a violation has occurred. If the City or its authorized designee observes prohibited container contaminants in a generator's containers on three consecutive occasions within a six-month time period, the City may assess contamination processing fees or contamination penalties on the generator.
4. 
With the exception of violations of generator contamination of container contents, the City shall issue a notice of violation requiring compliance within 60 days of issuance of the notice.
5. 
Absent compliance by the respondent within the deadline set forth in the notice of violation, the City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 1.18 of this Code.
Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
E. 
Penalty Amounts for Types of Violations.
1. 
For a first violation, the amount of the penalty shall be $100.00 per violation.
2. 
For a second violation, the amount of the penalty shall be $200.00 per violation.
3. 
For a third or subsequent violation, the amount of the penalty shall be $500.00 per violation.
F. 
Compliance Deadline Extension Considerations.
The City may extend the compliance deadlines set forth in a notice of violation issued if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. 
Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. 
Delays in obtaining discretionary permits or other government agency approvals; or
3. 
Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the City are under a corrective action plan with CalRecycle pursuant to 14 California Code of Regulations Section 18996.2 due to those deficiencies.
G. 
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 the City's procedures for appeals of administrative citations. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order.
H. 
Education Period for Noncompliance. Beginning January 1, 2022 and through December 31, 2023, the City will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city determines that organic waste generator, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
I. 
Civil Penalties for Noncompliance. Beginning January 1, 2024, or an extended date set by CalRecycle if the City determines that an organic waste generator, hauler, tier one or tier two commercial edible food generator, hauler, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this chapter and state law, as needed.
(4247-1/22)