The city council finds that the unregulated storage and disposal of trash, garbage, grease and other refuse creates a threat to the public safety and welfare and creates an undesirable visual and aesthetic atmosphere within the city. Furthermore, the city finds it is necessary and beneficial to reduce the amount of organic waste and recyclable materials in landfills.
(Ord. 10-287, 2010; Ord. 21-0353 § 1)
Generators, commercial edible food generators, food recovery organizations, food recovery services, haulers, and owners of facilities, operations and activities that recover organic waste are subject to SB 1383 and the SB 1383 Regulations. The foregoing shall fully comply with all applicable requirements of SB 1383, the SB 1383 Regulations, this chapter, and any collection agreement in effect. In the event of a conflict between the provisions of this chapter and other provisions of this code, the provisions of this chapter shall control. In the event of a conflict between the provisions of the SB 1383 Regulations and the provisions of this chapter, the SB 1383 Regulations shall control.
(Ord. 21-0353 § 1)
For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms defined elsewhere in this code but not in this section shall have the same meanings herein unless context otherwise requires. In the event of a conflict between a definition in the code and a definition in 14 CCR Section 18982, the definitions in 14 CCR Section 18982 shall control for the purposes of this chapter. Additionally, for the purposes of this chapter the definitions in 14 CCR Section 18982 shall control for terms used in this chapter and not defined in this code. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded, and replaced from time to time.
"Authorized collector"
means a private contractor authorized to provide exclusive collection services on behalf of the city through permit, contract, exclusive franchise agreement, or otherwise.
"Blue container"
has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of source separated recyclable materials. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of source separated recyclable materials and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) shall be deemed to be blue containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
"Calrecycle"
means the California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on the city (and others).
"California code of regulations" or "CCR"
means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., 14 CCR refers to Title 14 of CCR).
"City or the city"
means the city of Solvang.
"City manager"
means the city manager of the city or their designee.
"Commercial business" or "commercial"
means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.
"Commercial edible food generator"
includes a tier one or a tier two commercial edible food generator as defined in 14 CCR Sections 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).
"Compliance review"
means a review of records by the city to determine compliance with this chapter.
"Community composting"
means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined by 14 CCR Section 18982(a)(8).
"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 or as otherwise defined in 14 CCR Section 17896.2(a)(4).
"Compostable plastic"
means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
"Container contamination" or "contaminated container"
means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
"County"
means the county of Santa Barbara.
"County agency enforcement official"
means a county agency enforcement official, designated by the city with responsibility for enforcing the chapter in conjunction or consultation with the enforcement official.
"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 CCR Section 18981.2; or as otherwise defined in 14 CCR Section 18982(a)(15). A designee may be a government entity, a hauler, the authorized collector, a private entity, or a combination of those entities.
"Edible food"
means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), EDIBLE FOOD is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
"Enforcement action"
means an action of the city to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies; or, as otherwise defined in 14 CFR Section 18982(a)(19).
"Enforcement official"
means the city manager or the city's authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter. See also COUNTY AGENCY ENFORCEMENT OFFICIAL.
"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 enforcement official, 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 State Public Resources Code. Excluded waste does not include materials defined as allowable materials for collection through the city's At Your Door collection program and properly placed by the generator for collection pursuant to instructions provided by the city, the contract agent, or the city's designee for collection services.
"Food distributor"
means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
"Food facility"
has the same meaning as in Section 113789 of the State Health and Safety Code.
"Food recovery"
means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
"Food recovery organization"
means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities; or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. 
A food bank as defined in Section 113783 of the State Health and Safety Code;
2. 
A nonprofit charitable organization as defined in Section 113841 of the State Health and Safety code; and
3. 
A nonprofit charitable temporary food facility as defined in Section 113842 of the State Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
"Food recovery service"
means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
"Food scraps"
means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.
"Food service provider"
means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
"Food-soiled paper"
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.
"Food waste"
means food scraps, food-soiled paper, and compostable plastics.
"Generator"
means a person or entity that is responsible for the initial creation of solid waste and with respect to organic waste, means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
"Gray container"
has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of gray container waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of gray container waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28) shall be deemed to be gray containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
"Gray container waste"
means solid waste that is collected in a gray container that is part of a threecontainer collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
"Green container"
has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of source separated green container organic waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of source separated green container organic waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) shall be deemed to be green containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
"Green waste"
means materials generated from the maintenance or alteration of public, commercial or residential landscapes, the controlled microbial degradation (composting) of which yields a safe and nuisance free product, including, but not limited to, untreated and unpainted lumber pallets and products, vegetative cuttings, tree and shrubbery trimmings and prunings, leaves, weeds, shrubs, trunks, stumps, brush, grasses and similar materials which have been separated from other trash, excluding agave clippings, palm fronds or any other plant matter deemed by the city to be unacceptable to chip or compost.
"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, or as otherwise defined in 14 CCR Section 18982(a)(30).
"Hauler route"
means the designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
"High diversion organic waste processing facility"
means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022 and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or as otherwise defined in 14 CCR Section 18982(a)(33).
"Inspection"
means a site visit where the city or its designees reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
"Large event"
means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 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, or as otherwise defined in 14 CCR Section 18982(a)(38).
"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, or as otherwise defined in 14 CCR Section 18982(a)(39). For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.
"Local education agency"
means a school district, charter school, or county office of education that is not subject to the control of the city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
"Multifamily residential dwelling" or "multifamily"
means of, from, or pertaining to residential premises with five or more dwelling units. multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
"Non-compostable paper"
includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
"Non-organic recyclables"
means non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
"Notice of violation"
means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
"Organic waste"
means solid waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
"Paper products"
include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
"Printing" and "writing papers"
include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, 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).
"Prohibited container contaminants"
means the following, unless otherwise defined in 14 CCR Section 18982(a)(55): (1) discarded materials placed in the blue container that are not identified by the city or the city's designee as acceptable source separated recyclable materials for the blue container; (2) discarded materials placed in the green container that are not identified by the city or city's designee as acceptable source separated green container organic waste for the green container; (3) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic waste to be placed in the green container or blue container; and (4) excluded waste placed in any container.
"Recovery"
means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
"Recycled-content paper"
means paper products and printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber; or as otherwise defined in 14 CCR Section 18982(a)(61 ).
"Recycling collection facility"
means a facility in the city used only for the purpose of centralized storage and collection of source separated recyclable materials serviced by the authorized collector.
"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.
"Restaurant"
means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
"Route review"
means a visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras; or, as otherwise defined in 14 CCR Section 18982(a)(65).
"Sb 1383"
means Senate Bill 1383 of 2016 approved by the Governor of the State on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.
"Sb 1383 Regulations"
means the short-lived climate pollutants: organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of 14 CCR and 27 CCR
"Self-Hauler"
means a person or entity, who, in compliance with all applicable requirements of this chapter, hauls solid waste, organic waste or recyclable materials they have generated to another person or entity, or as otherwise defined in 14 CCR Section 18982(a)(66). Self-hauler also includes a person or entity who back-hauls waste. Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment; or, as otherwise defined in 14 CCR Section 18982(a)(66)(A).
"Single-Family"
means of, from, or pertaining to any residential premises with fewer than five units.
"Solid waste"
unless otherwise defined in State Public Resources Code Section 40191 means 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 Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code).
3. 
Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in 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 Public Resources Code.
"Source separated"
means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the chapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from mixed waste or other solid waste for the purposes of collection and processing of those materials.
"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 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(26.7) or specified in 14 CCR Sections 18984.1(b) and (a) . Source separated blue container organic waste includes paper products, printing and writing paper, wood and dry lumber and textiles unless otherwise specified by the city, and excludes source separated green organic waste.
"Source separated green container organic waste"
means source separated organic waste, including food waste and green waste, that can be placed in a green container that is limited to the collection of that organic waste; or as otherwise specified in 14 CCR Sections 18984.1(a) and (b), and excludes 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.
"State"
means the state of California.
"Supermarket"
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).
"Tier one commercial edible food generator"
means a commercial edible food generator that is one of the following, or as otherwise defined in 14 CCR Section 18982(a)(73):
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; or
5. 
Wholesale food vendor.
"Tier two commercial edible food generator"
means a commercial edible food generator that is one of the following, or as otherwise defined in 14 CCR Section 18982(a)(74):
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; or
7. 
A local education agency facility with an on-site food facility.
"Village area"
means that portion of the city that has been designated as such by definition in the city's general plan.
Wholesale food vendor"
means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
(Ord. 89-106, 1990; Ord. 00-209, 2000; Ord. 21-0353 § 1)
Single-family generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements of this chapter:
A. 
Subscribe to the city's collection services of gray container waste, source separated green container organic waste and source separated recyclable materials and comply with requirements of those services as described below in subsection B of this section, and arrange for the removal and/or recycling of all green waste as frequently as necessary to prevent the creation of a nuisance or hazard. 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; and single-family generators shall adjust their service level for their collection services as requested by the city.
B. 
Participate in the city's collection service by placing designated materials in designated containers as described in this paragraph, and shall not place prohibited container contaminants in collection containers. Generators shall place source separated green container organic waste, including food waste and green 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.
C. 
Nothing in this section prohibits a generator of a single-family premises from preventing or reducing waste generation, managing organic waste on site and/or using a community composting site pursuant to 14 CCR Section 18984.9(c) or placing source separated recyclable materials in a recycling collection facility.
(Ord. 21-0353 § 1)
A. 
Except those generators that are commercial businesses, including multifamily residential dwellings, meeting the self-hauler requirements of this chapter, generators that are commercial businesses, including multifamily residential dwellings, shall comply with the following requirements:
1. 
Subscribe to the city's collection services and comply with requirements of those services and arrange for the removal and/or recycling of all green waste and all cardboard as frequently as necessary to prevent the creation of a nuisance or hazard. The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. Commercial businesses, including multifamily residential dwellings, shall adjust their service level for their collection services as requested by the city.
2. 
Participate in the city's collection services by placing designated materials in designated containers as follows:
a. 
Generators shall place source separated green container organic waste, including food waste and green waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container.
b. 
Generators shall not place prohibited container contaminants in collection containers or materials designated for the gray container into the green container or blue container.
B. 
Except for multifamily residential dwellings, generators that are commercial businesses shall comply with the following requirements:
1. 
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 shall be adjacent to disposal containers and 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, as demonstrated through an approved de minimis waiver per section 5-2-8, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
a. 
A body or lid that conforms with the container colors provided through the collection service provided by 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 this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
b. 
Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
2. 
Prohibit employees from placing materials in a container not designated for those materials per the city's collection service or, if self-hauling, per the commercial business's instructions to support its compliance with its self-haul program in accordance with section 5-2-12 of this chapter.
3. 
Periodically inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
C. 
All generators that are commercial businesses, including multifamily residential dwellings shall comply with the following requirements:
1. 
Provide or arrange for gray container waste, source separated green container organic waste and source separated recyclable materials collection services consistent with this chapter for employees, contractors, customers and tenants and supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors conforming to subsection (B)(1) of this section, for employees, contractors, tenants, and customers, consistent with the city's collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with section 5-2-12 of this chapter.
2. 
Arrange for the removal of all solid waste as frequently as necessary to prevent the creation of a nuisance or hazard
3. 
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.
4. 
Provide education information described in subsection (C)(3) of this section before or within 14 days of occupation of the premises to new tenants.
5. 
Provide or arrange access for the city or its agent to their properties during all inspections conducted to confirm compliance with the requirements of this chapter.
6. 
Accommodate and cooperate with the city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants to evaluate generator's compliance. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.
7. 
If generating two cubic yards or more of total solid waste per week (or other threshold defined by the State), require that any contract or work agreement between the owner, occupant, or operator of the commercial business and a gardening or landscaping service specify that the organic waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the Public Resources Code.
D. 
Generators of commercial businesses, including multifamily dwellings, may receive waivers pursuant to section 5-2-8 for some requirements of this section.
E. 
If a commercial business wants to self-haul, meet the self-hauler requirements of this chapter.
F. 
Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c). Nothing in this subsection shall be construed to prohibit a commercial business from giving or selling cardboard to another person or entity for reuse of the cardboard for packaging supplies or placing source separated recyclable materials in a recycling collection facility.
G. 
Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to section 5-2-9 of this chapter.
(Ord. 21-0353 § 1)
A. 
Bagging and Storage Requirements for Restaurants. Each restaurant shall procure such facilities and equipment as may be necessary to store and dispose of all waste material in the manner required in this chapter. All wet waste shall be kept in leakproof and rodentproof containers and shall be contained so as to minimize odor and insect development by: (1) covering with close fitting lids; or (2) placing and sealing such garbage in a disposable bag impervious to moisture. All bagging materials, if used, must be a minimum of one (1.0) mil thickness high density plastic.
B. 
Village Area. This section applies to all commercially zoned property within the Village Area of the city.
1. 
All container areas shall be enclosed and screened. Such container areas shall be maintained in a manner that is safe, sanitary, and consistent with the design review committee aesthetic standards and/or requirements.
2. 
All containers shall be housed within their enclosures at all times. The level of materials within a container shall not exceed a height or condition that would preclude the lid(s) from closing onto the lip of the container. The container lids are to be closed at all times, except when actively disposing of or removing waste from the container.
C. 
Grease Storage and Disposal.
1. 
All waste grease shall be stored in containers that meet all of the requirements set forth in subsection A of this section.
2. 
All waste grease containers shall be stored within an approved enclosure as described in subsection B of this section.
D. 
Residential Area. This subsection applies to all residentially zoned property within the city.
1. 
It is the duty of every generator to keep containers in good condition and in a suitable place readily accessible to the authorized collector for removing and emptying the same. Excepting placement at the curbside pick-up site on scheduled collection day(s), such containers shall be maintained on the property, out of public view and not placed within the limits of any street, public right-of-way or other public place in the city or in such a place or manner as to constitute a nuisance.
2. 
No container shall be placed adjacent to a street or public right-of-way for collection service more than 24 hours prior to the normal collection time, and shall be removed from said location within 12 hours after collection.
(Ord. 89-106, 1990; Ord. 10-287, 2010; Ord. 21-0347 § 4; Ord. 21-0353 § 1)
A. 
At least once each calendar quarter of the year, the authorized collector will conduct an inspection of all garbage/trash receptacles within the village area of the city. Receptacles located in other areas of the city will be inspected no less than once a year.
B. 
Customers with receptacles that need cleaning will be given written notice on the day of the inspection and will be allowed 10 days to clean the receptacles themselves. If the receptacles are not cleaned within the 10 day period, the authorized collector shall clean the containers and charge the customer a reasonable fee that reflects their costs for labor and materials.
(Ord. 89-106, 1990; Ord. 21-0353 § 1)
The city, at its discretion and in accordance with 14 CCR Section 18984.11, or as otherwise authorized by CalRecycle, may grant one or more of the following types of waivers to a generator of organic waste:
A. 
De Minimis Waivers. The city may waive a commercial business' (including multifamily residential dwellings) obligations to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation, or the city has evidence demonstrating, that the commercial business meets one of the following criteria:
1. 
The commercial business's 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,
2. 
The commercial business's 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.
B. 
Physical Space Waivers. The city may waive a commercial business' (including multifamily residential dwellings) or property owner's obligations to comply with some or all of the recyclable materials and/or organic waste collection service requirements of this chapter if the city has evidence from its own staff, the authorized collector or other hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter.
C. 
Collection Frequency Waivers. The city, at its discretion and in accordance with 14 CCR 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 per week.
D. 
Review and Approval of Waivers. Waivers shall be granted to generators by the city according to the following process:
1. 
Commercial businesses, including multifamily residential dwellings, requesting a waiver shall submit a completed application form to the city for a waiver specifying the waiver type requested, type of collection services for which they are requesting a waiver, the reason for such waiver, and documentation supporting such request. Commercial businesses, including multifamily residential dwellings who so request a waiver shall reapply to the city 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.
2. 
Upon waiver approval, the city shall specify the duration for which the waiver is valid.
3. 
A waiver holder shall notify city if circumstances change such that such waiver holder may no longer qualify for the waiver granted, in which case a waiver will be rescinded.
4. 
Any waiver holder must cooperate with the city for any on-site assessment of the appropriateness of the waiver.
5. 
The city shall revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable.
(Ord. 21-0353 § 1)
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 with the requirements of this section commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. 
Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
C. 
Commercial edible food generators shall comply with the following requirements:
1. 
Arrange to recover the maximum amount of edible food that would otherwise be disposed.
2. 
Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. 
Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. 
Allow the city's designated enforcement entity or designated third party enforcement entity to access the premises and review records kept pursuant to 14 CCR Section 18991.4.
5. 
Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. 
A list of each food recovery service or food recovery organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. 
A copy of all contracts or written agreements 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. 
Maintain records required by this section for five years.
E. 
Within 30 days of a request from the enforcement official, tier one commercial edible food generators and tier two commercial edible food generators, shall provide a food recovery report to the city that includes the following information:
1. 
A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b);
2. 
The quantity of food measured in annual pounds recovered, collected or self-hauled to a food recovery service or food recovery organization for food recovery;
3. 
The names, addresses and contact information of the food recovery service or food recovery organization;
4. 
Any additional information required by the city or the city's designee.
F. 
Nothing in this chapter 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 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 amended Section 114079 of the Health and Safety Code, relating to food safety).
(Ord. 21-0353 § 1)
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. 
Maintain records required by this section for five years.
D. 
Food recovery organizations and food recovery services shall inform commercial edible food generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
E. 
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) no later than January 31 of each year, commencing in 2022.
F. 
Food Recovery Capacity Planning. 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.
A. 
Requirements for Haulers.
1. 
Haulers, including the authorized collector, providing residential, commercial, or industrial organic waste collection services to generators within the city's boundaries shall meet the requirements of 14 CCR Division 7, Chapter 12 and the following requirements as conditions of approval of a contract, agreement, or other authorization with the city to collect organic waste and the following requirements:
a. 
Through written notice to the city, identify the facilities to which they will transport organic waste.
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 CCR, Division 7, Chapter 12, Article 2.
c. 
Comply with the applicable requirements of 14 CCR Division 7, Chapter 12, Article 3.
d. 
Obtain applicable approval of the city pursuant to 14 CCR Section 18988.1 and keep a record of the documentation of its approval by the city.
2. 
It is unlawful for any solid waste collection franchise service contractor, including the authorized collector, to dispose of source separated recyclable materials in a landfill disposal site, or to dispose of source separated recyclable materials in a manner which results in other than the marketing of such solid waste for reuse.
B. 
Subsection A of this section is not applicable to a hauler that is transporting source separated organic waste to a community composting site, consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the Public Resources Code, or that is lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1.
C. 
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 the city 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.
(Ord. 21-0353 § 1)
A. 
Self-haulers of organic waste shall comply with the requirements in 14 CCR Section 18988.3.
B. 
Self-haulers shall source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city's collection program) generated on-site from solid waste in a manner consistent with 14 CCR Section 18984.1, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
C. 
Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.
D. 
Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste. This record shall be subject to inspection by the city. The records shall include the following information:
1. 
Delivery receipts and weight tickets from the entity accepting the waste.
2. 
The amount of material in cubic yards or tons transported by the generator to each entity.
3. 
Notwithstanding subsections (D)(1) and (D)(2), if the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
E. 
Self-haulers shall retain all records and data required to be maintained by this section for not less than five years after the organic waste was first delivered to the facility accepting the material.
F. 
A single-family generator that self-hauls organic waste is not required to record or report information in subsections D and E of this section.
G. 
Pursuant to 14 CCR Section 18815.9, food waste self-haulers are required to maintain records and report to CALRecycle information on the tons of food waste self-hauled and the facilities or each use of such material. food waste self-haulers shall provide to the city on a quarterly basis copies of all reports they are required to report to CALRecycle.
(Ord. 21-0353 § 1)
A. 
City's representatives and/or designee, including the authorized collector, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city, its designees or agents to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with this chapter, the city may conduct container inspections for prohibited container contaminants.
B. 
A 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 representative, designee, including the authorized collector, 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;
2. 
Installation and operation of remote monitoring equipment; or
3. 
Access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.
C. 
Any records obtained by the city during its inspections, 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. 
The city's representatives, designees, including the authorized collector, and agents 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. 
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 in accordance with 14 CCR Section 18995.3.
(Ord. 21-0353 § 1)
A. 
Violation of any provision of this chapter that occurs on or after January 1, 2024 shall constitute grounds for issuance of a notice of violation and assessment of a fine by the enforcement official in accordance with 14 CCR Section 18995.4. 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 set forth in section 1-3-3 of chapter 3 of title 1 of this code 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. 
Process for Enforcement.
1. 
Enforcement officials and/or designee will monitor compliance with the chapter through compliance reviews, route reviews, investigation of complaints, and an inspection program. enforcement officials and/or their designee may also monitor compliance with the chapter randomly. Section 5-2-14 establishes city's right to conduct inspections and investigations.
2. 
For incidences of prohibited container contaminants found in containers, the city or its designee will issue an informational notice of contamination 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 30 days after determining that a violation has occurred. If the city or its designee observes prohibited container contaminants in a generator's containers on more than two consecutive occasion(s), the city or the city's designee may assess contamination processing fees or the city may assess contamination penalties on the generator.
3. 
With the exception of violations of contamination of container contents, city shall issue a notice of violation requiring compliance within 60 days of issuance of the notice.
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 title 6, chapter 5, article A of this code.
Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the county assessor or if no such address is available, to the owner at the address of the commercial businesses depending upon available information.
C. 
Penalty Amounts for Types of Violations. The penalty levels for notice of violations issued pursuant to this chapter shall be set by resolution of city council, not to exceed the limits set forth in Government Code sections 53069.4 and 36900 and consistent with the base penalty amounts specified in title 14 California Code of Regulations section 18997.2(a).
D. 
Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation 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 is under a corrective action plan with CALRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
E. 
Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to the procedures in chapter 1-6 of this code. A hearing will be held only if it is requested within the time prescribed in chapter 1-6 of this code.
(Ord. 00-209, 2000; Ord. 21-0353 § 1 Ord. 23-0373, §§ 13, 14)