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.
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.
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.
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.
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).
means a review of records by the City to determine compliance
with this chapter.
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.
means a container, regardless of color, that contains prohibited
container contaminants.
means construction and demolition debris.
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.
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.
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.
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.
means a company that distributes food to entities, including,
but not limited to, supermarkets and grocery stores.
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.
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:
A food bank as defined in Section 113783 of the Health and Safety
Code;
A nonprofit charitable organization as defined in Section 113841
of the Health and Safety code;
A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code; and
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.
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.
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.
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.
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.
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.
means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and
poultry; and any area that is not separately owned within the store
where the food is prepared and served, including a bakery, deli, and
meat and seafood departments.
means the designated itinerary or sequence of stops for each
segment of the City's collection service area.
means a facility that is in compliance with the reporting
requirements of 14 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).
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.
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.
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.
means a school district, charter school, or county office
of education that is not subject to the control of city or county
regulations related to solid waste.
means 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.
refers to the Model Water Efficient Landscape Ordinance (MWELO),
23 California Code of Regulations, Division 2, Chapter 2.7.
includes, but is not limited to, paper that is coated in
a plastic material that will not break down in the composting process.
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).
means non-putrescible and non-hazardous recyclable wastes,
including, but not limited to, bottles, cans, metals, plastics and
glass.
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).
means a person or entity that is responsible for the initial
creation of organic waste.
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.
means products made from California, landfill-diverted recovered
organic waste processed in a permitted or otherwise authorized facility.
means any activity or process described in 14 California
Code of Regulations, Section 18983.1(b).
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.
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.
means of, from, or pertaining to any residential premises
with fewer than five units.
has the same meaning as defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and
nonputrescible solid, semi-solid, and liquid wastes, including garbage,
trash, refuse, paper, rubbish, ashes, industrial wastes, demolition
and construction wastes, abandoned vehicles and parts thereof, discarded
home and industrial appliances, dewatered, treated, or chemically
fixed sewage sludge which is not hazardous waste, manure, vegetable
or animal solid and semi-solid wastes, and other discarded solid and
semi-solid wastes, with the exception that solid waste does not include
any of the following wastes:
Hazardous waste, as defined in the State Public Resources Code
Section 40141.
Radioactive waste regulated pursuant to the State Radiation
Control Law (Chapter 8 (commencing with Section 114960) of Part 9
of Division 104 of the State Health and Safety Code).
Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division
104 of the State Health and Safety Code). Untreated medical waste
shall not be disposed of in a solid waste landfill, as defined in
State Public Resources Code Section 40195.1. Medical waste that has
been treated and deemed to be solid waste shall be regulated pursuant
to Division 30 of the State Public Resources Code.
means materials, including commingled recyclable materials,
that have been separated or kept separate from the solid waste stream,
at the point of generation, for the purpose of additional sorting
or processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products, which meet the quality standards
necessary to be used in the marketplace. 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.
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).
means source separated organic waste that can be placed in
a green container that is specifically intended for the separate collection
of organic waste by the generator, excluding source separated blue
container organic waste, carpets, non-compostable paper, and textiles.
means source separated non-organic recyclables and source
separated blue container organic waste.
means 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.
means a commercial edible food generator that is one of the
following:
means a commercial edible food generator that is one of the
following:
Restaurant with 250 or more seats, or a total facility size
equal to or greater than 5,000 square feet.
Hotel with an on-site food facility and 200 or more rooms.
Health facility with an on-site food facility and 100 or more
beds.
Large venue.
Large event.
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.
A local education agency facility with an on-site food facility.
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)
Procurement Requirements for City departments, direct service providers, and vendors shall be as set forth in Section 3.02.165 of this Code and all other applicable City procurement policies.
(4247-1/22)
Persons applying for a permit from the City for new construction and building additions and alternations shall also comply with the requirements of Section 17.52.020 of this Code.
(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.
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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.
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E.
Penalty Amounts for Types of Violations.
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)
