Prior history: Ord. Nos. 04-04, 12-04, 14-07, 75-04, 77-33,
82-4, 89-20, 90-16, 92-1, 92-7 and 21-02; prior code §§ 11.1—11.3,
11.5—11.9, 11.11—11.14, 11.16—11.19 and 11.23—11.32.
For the purpose of this chapter, the following words and phrases
shall, when used in this chapter, have the meanings respectively ascribed
to them by this section:
has the same meaning as "gray container" and shall be used
for the purpose of storage and collection of black container waste.
means solid waste that is collected in a black container
that is part of a three-container organic waste collection service
that prohibits the placement of organic waste in the black container
as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise
defined in 14 CCR Section 17402(a)(6.5).
has the same meaning as in 14 CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of source
separated recyclable materials or source separated blue container
organic waste.
is a brown container which shall be used by commercial businesses
and multifamily complexes for the purpose of discarding and collecting
source separated organic waste.
means California's Department of Resources Recycling and
Recovery, which is the department designated with responsibility for
developing, implementing, and enforcing SB 1383 regulations on cities
(and others).
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).
means the City of Claremont.
means the City Manager or their authorized designee(s) who
is/are partially or whole responsible for enforcing the chapter.
means the City Manager of the City or his or her duly authorized
representative.
includes and means magazines, books, boots, hats, trimmings
from lawns, trees, shrubs and flower garden cuttings, pasteboard boxes,
rags, paper, straw, sawdust, packing material, shaving boxes and all
rubbish and refuse that will incinerate through contact with flames
or ordinary temperature.
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.
includes a tier one or a tier two commercial edible food
generator as defined in this section or as otherwise defined in 14
CCR Section 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).
means a review of records by a City to determine compliance
with this chapter.
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).
has the same meaning as in 14 CCR Section 17896.2(a)(4),
which stated, as of the effective date of the ordinance codified in
this chapter, that "compost" means the product resulting from the
controlled biological decomposition of organic solid wastes that are
source separated from the municipal solid waste stream, or which are
separated at a centralized facility.
means a container, regardless of color, that contains prohibited
container contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
means the person to whom the City Council has awarded a contract,
or has otherwise authorized to receive, collect, carry, haul, transport
and dispose of any and all refuse, solid waste, rubbish, waste matter
or dirt within the City.
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 CCR 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, 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.
means an action of 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 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, or as otherwise
defined in 14 CCR Section 18982(a)(22).
has the same meaning as in Section 113789 of the Health and
Safety Code.
means actions to collect and distribute food for human consumption
that otherwise would be disposed, or as otherwise defined in 14 CCR
Section 18982(a)(24).
means an entity that 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:
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; and
A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code.
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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).
If the definition in 14 CCR Section 18982(a)(25) for food recovery
organization differs from this definition, the definition in 14 CCR
Section 18982(a)(25) shall apply to this chapter.
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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).
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.
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).
is compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates,
paper coffee cups, napkins, pizza boxes, and milk cartons.
means food scraps and food-soiled paper.
means paper free of colors or dyes that has come into contact
with food or liquid, such as, but not limited to, napkins, paper towels,
etc.
has the same meaning as in 14 CCR Section 18982.2(a)(29)
and shall be used for the purpose of storage and collection of source
separated green container organic waste.
means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and
poultry; and any area that is not separately owned within the store
where the food is prepared and served, including a bakery, deli, and
meat and seafood departments, or as otherwise defined in 14 CCR Section
18982(a)(30).
means the designated itinerary or sequence of stops for each
segment of the City's collection service area, or as otherwise defined
in 14 CCR Section 18982(a)(31.5).
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).
means a site visit where a City reviews records, containers,
and an entity's collection, handling, recycling, or landfill disposal
of organic waste or edible food handling to determine if the entity
is complying with requirements set forth in this chapter, or as otherwise
defined in 14 CCR Section 18982(a)(35).
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 2000 individuals
per day of operation of the event, at a location that includes, but
is not limited to, a public, nonprofit, or privately owned park, parking
lot, golf course, street system, or other open space when being used
for an event. If the definition in 14 CCR Section 18982(a)(38) differs
from this definition, the definition in 14 CCR Section 18982(a)(38)
shall apply to this chapter.
means a permanent venue facility that annually seats or serves
an average of more than 2000 individuals within the grounds of the
facility per day of operation of the venue facility. For purposes
of this chapter and implementation of 14 CCR, Division 7, Chapter
12, a venue facility includes, but is not limited to, a public, nonprofit,
or privately owned or operated stadium, amphitheater, arena, hall,
amusement park, conference or civic center, zoo, aquarium, airport,
racetrack, horse track, performing arts center, fairground, museum,
theater, or other public attraction facility. For purposes of this
chapter and implementation of 14 CCR, Division 7, Chapter 12, a site
under common ownership or control that includes more than one large
venue that is contiguous with other large venues in the site, is a
single large venue. If the definition in 14 CCR Section 18982(a)(39)
differs from this definition, the definition in 14 CCR Section 18982(a)(39)
shall apply to this chapter.
means a school district, charter school, or county office
of education that is not subject to the control of city or county
regulations related to solid waste, or as otherwise defined in 14
CCR Section 18982(a)(40).
means 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, and are considered
commercial businesses.
or means of, from, or pertaining to residential premises
with four or less dwelling units.
refers to the Model Water Efficient Landscape Ordinance (MWELO),
23 CCR, Division 2, Chapter 2.7.
includes and means glass, broken brick, metal vessels, cans,
crockery and bottles, stones, ashes, auto parts and all rubbish or
refuse that will not incinerate through contact with flames of ordinary
temperature. This shall not include any unusually large or weighty
items.
includes, but is not limited to, paper that is coated in
a plastic material that will not breakdown in the composting process,
paper with colors or dyes, or paper as otherwise defined in 14 CCR
Section 18982(a)(41).
means the following entities that are not subject to the
City's enforcement authority, or as otherwise defined in 14 CCR Section
18982(a)(42): School district(s) located within the boundaries of
the City, including the Claremont Unified School District.
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).
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, or as otherwise
defined in 14 CCR Section 18982(a)(46) as the City Council may designate
by resolution. Biosolids and digestate are as defined by 14 CCR Section
18982(a).
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).
include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated
boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section
18982(a)(51).
means natural person, joint venture, joint stock company,
partnership, association, club, company, corporation, business trust,
organization or the manager, agent, servant, officer or employee of
any of them.
include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, posters, index cards, calendars,
brochures, reports, magazines, and publications, or as otherwise defined
in 14 CCR Section 18982(a)(54).
means: (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 or brown container that are not identified as acceptable
source separated green or brown container organic waste for the City's
green or brown container; (3) discarded materials placed in the black/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, brown 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,
or as otherwise defined in 14 CCR Section 18982(a)(60).
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)
means glass, newspaper, aluminum, plastics, waste paper,
cardboard, tin, and such other reusable materials as the City Council
may designate by resolution, sorted or commingled and otherwise prepared
under rules established by Council resolution.
means a wheeled plastic container for storing solid waste
and provided by the City for the automated collection of solid waste.
means regional agency as defined in Public Resources Code
Section 40181.
means the use of the Internet of Things (IoT) and/or wireless
electronic devices to visualize the contents of blue containers, green
containers, brown containers, and black/grey containers for purposes
of identifying the quantity of materials in containers (level of fill)
and/or presence of prohibited container contaminants.
means an establishment primarily engaged in the retail sale
of food and drinks for on-premises or immediate consumption, or as
otherwise defined in 14 CCR Section 18982(a)(64).
means a visual inspection of containers along a hauler route
for the purpose of determining container contamination, and may include
mechanical inspection methods such as the use of cameras, or as otherwise
defined in 14 CCR Section 18982(a)(65).
means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7,
and 39730.8 to the Health and Safety Code, and added Chapter 13.1
(commencing with Section 42652) to Part 3 of Division 30 of the Public
Resources Code, establishing methane emissions reduction targets in
a statewide effort to reduce emissions of short-lived climate pollutants
as amended, supplemented, superseded, and replaced from time to time.
means a person, who hauls solid waste, organic waste, or
recyclable material he or she has generated to another person. Self-hauler
also includes a person who back-hauls waste, or as otherwise defined
in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting
organic waste to a destination owned and operated by the generator
using the generator's own employees and equipment, or as otherwise
defined in 14 CCR Section 18982(a)(66)(A).
means of, from, or pertaining to any residential premises
with one unit.
has the same meaning as defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and
non-putrescible solid, semi-solid, and liquid wastes, including solid
waste, 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, or as otherwise defined in
14 CCR Section 17402.5(b)(4). For the purposes of this chapter, source
separated shall include separation of materials by the generator,
property owner, property owner's employee, property manager, or property
manager's employee into different containers for the purpose of collection
such that source separated materials are separated from gray/black
container waste 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),
or as otherwise defined by Section 17402(a)(18.7).
means source separated organic waste that can be placed in
a green or brown container that is specifically intended for the separate
collection of organic waste by the generator, excluding source separated
blue container organic waste and non-compostable paper.
means source separated non-organic recyclables and source
separated blue container organic waste.
means the State of California.
includes all streets, highways, avenues, lanes, alleys, courts,
places, squares or other public ways in this City which have been
or may hereafter be dedicated or open to public use, or such other
public property so designated in any law of this state.
means a full-line, self-service retail store with gross annual
sales of two million dollars ($2,000,000), or more, and which sells
a line of dry grocery, canned goods, or nonfood items and some perishable
items, or as otherwise defined in 14 CCR Section 18982(a)(71).
means a commercial edible food generator that is one of the
following:
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.
includes both combustible and noncombustible waste matter,
solid waste, organic waste, and recyclable material as defined by
this section.
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).
(21-07)
The City, in order to more effectually promote and protect the
public health and safety and reduce the danger and hazard of fire
and conflagrations, reserves unto itself or its licensee or contractor
the exclusive right to collect, transport and dispose of, or cause
to be collected, transported and disposed of, all waste matter produced
or found within the corporate limits of the City. It is unlawful for
any person, to collect, transport or dispose of any waste matter within
the City, except as provided by this chapter.
(21-07)
The collection, removal and disposal of all waste matter shall be performed exclusively by the City or its licensee under the supervision of the City Manager; provided, however, that any person may engage in the business of collection, removal or disposal of waste matter, if authorized, licensed, or permitted to do so by the City pursuant to Section 8.08.070.
(21-07)
The City Council may make or let contracts or enter into agreements
or licenses with any persons for the removal of waste matter. Before
any such contract is entered into by the City, bids shall be called
for. A notice inviting bids shall be printed once in a newspaper published
and circulated within the City.
(21-07)
Each licensee under the provisions of Section 8.08.040 shall give a bond payable to the City, in a sum satisfactory to the City Council, conditioned for the faithful performance of the duties imposed by this chapter and the terms of any contract or agreement entered into with the City.
(21-07)
Any license issued under the provisions of Section 8.08.040 may be revoked at any time by the Council for noncompliance with the terms of this chapter or any agreement entered into.
(21-07)
A person engaged in the business of recycling, commercial gardening,
or construction/deconstruction activities may be authorized to collect,
remove, and dispose of waste matter, including recyclable material,
organic waste, and/or construction debris as incident to such business,
utilizing employees and appropriate equipment owned by said contractor,
and subject to the following requirements:
1.
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 organics and recycling collection program) generated
on site from solid waste in a manner consistent with 14 CCR Sections
18984.1 and 18984.2, or shall haul organic waste to a high diversion
organic waste processing facility as specified in 14 CCR Section 18984.3.
2.
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.
3.
Self-haulers
that are commercial businesses (including multifamily commercial 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:
a.
Delivery
receipts and weight tickets from the entity accepting the waste.
b.
The
amount of material in cubic yards or tons transported by the generator
to each entity.
c.
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.
4.
An organic
waste generator that self-hauls organic waste is not required to record
or report information to the City.
(21-07)
A.
The
City, as the exclusive hauler, or any subsequent entity contracted
or otherwise delegated hauler service responsibilities, 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 standard operating procedure, or subsequently
as a condition of approval of a contract, agreement, or other authorization
with the City to collect organic waste:
1.
Annually
identify the facilities to which they will transport organic waste
including facilities for source separated recyclable materials, or
source separated brown/green container organic waste.
B.
The
City, as the exclusive hauler, or any subsequent entity contracted
or otherwise delegated hauler service responsibilities, shall comply
with education, equipment, signage, container labeling, container
color, contamination monitoring, reporting, and other requirements
the City determines are compliance obligations of the hauler.
(21-07)
A.
A person
authorized or permitted to collect, remove and dispose of waste matter
within the City and any person conveying solid waste collected outside
of the City upon or along any public street or alley or other public
place in the City shall have a vehicle with a body which shall be
watertight and metal lined and constructed so as to prevent the contents
from falling or spilling therefrom.
B.
In case
any person is responsible for the leakage or deposit of waste matter
upon or along any public street or alley or other public place in
the City, such person shall pay the costs of removing such waste matter.
C.
Every
vehicle used in the collection of refuse, combustible and noncombustible
matters shall be well painted, shall be kept in a clean and sanitary
condition and shall be properly marked in a conspicuous place to show
its classification and number.
(21-07)
The maximum weight of refuse collected in City-provided receptacles
shall be limited to that which is serviceable by City equipment, at
the City's sole and unfettered discretion.
(21-07)
Refuse not subject to routine collection shall include large
discarded appliances, bed springs, logs, stumps, rubble, construction
waste, dirt, junked automobiles or solid waste resulting from industrial
processes and manufacturing operations.
(21-07)
For the collection of such refuse itemized in Section 8.08.110, special service charges at rates to be established by resolution of the City Council shall be payable to the City immediately upon presentation of a bill for such services.
(21-07)
A.
Green waste will only be collected in City provided refuse containers, except as provided in Section 8.08.070. Tree trimmings, tree limbs, tree trunks, and tree stumps will not be collected if they exceed four inches in diameter or four feet in length or weigh more than ten pounds for any one piece.
B.
No hazardous
waste shall be placed in City provided refuse containers. Hazardous
waste shall be handled, stored, and disposed in accordance with state
and federal standards.
(21-07)
The City Manager may make such regulations concerning the number
of collections and removals of solid waste and waste matter as may
be necessary to carry out the provisions of this chapter. In no case,
however, shall collection be less often than once a week for solid
waste and waste matter.
(21-07)
The City Council shall by resolution determine, fix and establish
fees or charges to be paid to the City for providing and making available
a service in the collection and disposal of refuse, solid waste and
waste matter. Such charges may be established by classification as
follows:
A.
For
single-family dwellings;
B.
For
all apartment houses, flats, duplexes, bungalow courts and multiple-family
dwellings;
C.
For
commercial establishments, churches, schools and any sources other
than residential.
(21-07)
The fees established by the City Council shall be billed to
and paid for by the owner of the premises; provided, however, that
the owner may seek reimbursement from the respective occupants for
whose benefit the charge is paid. For nonresidential uses such as
commercial establishments, churches, schools, etc., such fees may
be billed to and paid for by the proprietor or occupant thereof.
All owners of places and premises in the City are made liable
for the fees as prescribed by this chapter, except upon special exemption
by the City Council.
(21-07)
All fees for the collection of solid waste and combustible and
noncombustible waste matter may be billed on a monthly or quarterly
basis and shall be payable upon presentation date at the cashier's
window and may be combined with statements for other services.
In accordance with California Government Code Section 54348,
a penalty for delinquent payment or nonpayment of sanitation service
charges may be established at a rate determined by the City Council
provided that the maximum rate shall be that permitted under Government
Code Section 54348, as it may be amended from time to time. The City
Council shall establish the rate of the penalty fee by resolution
after first holding a public hearing. The City's financial services
department shall be charged with administering and collecting the
penalty.
(21-07)
Any fees authorized pursuant to Sections 8.08.150, 8.08.170 and 12.36.010 which remain unpaid for a period of six or more months after the date upon which they were billed may be collected thereafter by the City as provided as follows:
A.
The
City Council shall cause a report of delinquent rubbish and sewer
fees to be prepared periodically. The Council shall fix a time, date
and place for hearing the report and any objections or protests thereto.
B.
The
Council shall cause notice of the hearing to be mailed to landowners
listed on the report not less than 14 days prior to the date of the
hearing.
C.
At the
hearing the Council shall hear any objections or protests of landowners
liable to be assessed for delinquent fees. The Council may make such
revisions or corrections to the report as it deems just, after which,
by resolution, the report shall be confirmed.
D.
The
delinquent fees set forth in the report as confirmed shall constitute
special assessments against the respective parcels of land and are
a lien on the property for the amount of such delinquent fees plus
late charges and cost of lien. A certified copy of the confirmed report
shall be filed with the City Clerk, or auditor appointed by the City
Council, for the amount of the respective assessments against the
respective parcels of land as they appear on the current assessment
role. The lien created attaches upon recordation, in the office of
the County Recorder, of a certified copy of the resolution of confirmation.
The assessment may be collected at the same time and in the same manner
as ordinary City ad valorem property taxes are collected and shall
be subject to the same penalties and the same procedure and sale in
case of delinquency as provided for such taxes. All laws applicable
to the levy, collection and enforcement of City ad valorem property
taxes shall be applicable to such assessment.
(21-07)
The City with its own employees or a duly authorized contract agent shall collect and remove, from all places and premises in the City, all solid waste and waste matter which are contained in receptacles placed along the street curb in front thereof, or along the alley in the rear thereof, depending upon whether the prescribed route is along the street or alley, except as may be otherwise provided in Section 8.08.380.
(21-07)
In those areas of the City where recycling service is provided
by the City, recyclable materials may be placed at the curb, or where
alley collection is provided, at the alley, on the day established
by the City Manager for collection, or the night before. Recyclable
materials shall be placed in containers or bundled in accordance with
rules adopted by resolution of the City Council. No one other than
the owner of the recyclable materials, or the City, or their authorized
agents, may remove or interfere with recyclable materials placed for
collection. Each violation of this section shall be an infraction.
(21-07)
The City Council may by resolution allow the backyard collection
of refuse, subject to additional fees for service, in which event
all waste matter receptacles shall at all times be located at the
nearest accessible place for removing and emptying the same, but shall
not be placed along the curb of any street within the corporate limits
of the City. "Nearest accessible place" shall be defined as the side
of an alley if the property adjoins an alley, or a distance within
25 feet of the rear of the house if the property does not adjoin an
alley.
(21-07)
No person shall place any solid waste receptacles in any public
street or alley at any place or in any manner other than as provided
in this chapter or at any time other than on the day established by
the City Manager for the collection of such materials on the particular
route, or on the preceding night, or permit such a receptacle to remain
thereon for more than 12 hours after it has been emptied.
(21-07)
No person other than the owner thereof, or any officer, employee
or licensee of the City shall move, remove or interfere with any waste
matter receptacle or the contents thereof.
(21-07)
All refuse and recyclable receptacles shall be kept in a clean
and sanitary condition by the person using the same.
(21-07)
Solid waste and waste matter receptacles shall be kept tightly covered at all times, except as noted in Section 8.08.240 or when solid waste and waste matter is being deposited therein or removed therefrom and shall at all times be proof against access by flies to the contents thereof.
(21-07)
No person shall dump, place or bury in any lot, land or street within the City, any solid waste, waste matter or any other deleterious or offensive substance; provided, however, that this section shall not apply to any land used by the City for a disposal site, or to lawful composting as described in Section 8.08.280.
(21-07)
No person owning or occupying any building, lot or premises in the City shall allow any waste matter to accumulate, collect and remain open upon such lot or premises. This provision shall not be construed as interfering with building under a building permit during the course of construction and within a reasonable time thereafter, or wood neatly piled for kitchen or household use, or lawful composting as described in Section 8.08.280.
(21-07)
A.
Notwithstanding
any other provision of this chapter, it is lawful to compost yard
wastes, including grass clippings, leaves, plant trimmings, wood ashes,
and vegetable kitchen scraps (but not including other household refuse
or animal wastes) if the following conditions are met:
1.
Compost
piles or containers are located in the rear or side yard, not visible
from a public street, and no greater than five feet in height;
2.
The
compost piles or containers are at least five feet from the property
line or separated from adjacent property by a solid wall;
3.
Compost
piles are maintained so that they do not generate an offensive odor
or harbor rodents;
4.
The
maximum size of any pile or container is five feet in height by five
feet in width by five feet in length; and
5.
The
compost is enclosed, screened or otherwise maintained to minimize
insects or pests. The pile or container shall not permit surface run-off
or leachate to another property.
B.
The
Director of Community Services may authorize for educational purposes
the creation of a composting demonstration area visible to the public
at a City park or other facility.
C.
No composting
shall be permitted at any location where it is determined to be a
fire hazard by the Los Angeles County fire department.
(21-07)
A.
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 City request,
provide information regarding available and potential new or expanded
capacity at their facilities, operations, and activities, including
information about throughput and permitted capacity necessary for
planning purposes. Entities contacted by the City shall respond within
60 days.
B.
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.
(21-07)
It is unlawful to store, deposit or keep solid waste in a place
accessible to rats.
(21-07)
It is unlawful to burn solid waste within the City except in
incinerators of a type approved in writing by the City Engineer and
the health officer.
(21-07)
A.
No waste
matter shall be burned within the City except as permitted by the
fire chief; provided, however, that paper may be burned without a
permit in an incinerator designed, constructed and installed in accordance
with the rules and regulations of the fire department.
B.
No waste
matter shall be burned which shall, in burning cause or create a dense
or offensive smoke or odor.
(21-07)
No person shall remove or convey or cause or permit to be removed or conveyed any solid waste upon or along any public street or alley or other public place in the City; provided, however, that the provisions of this section shall not apply to any person in the employ of the City who shall be assigned by the City Manager to the work of solid waste removal or to any person with whom the City has entered into a contract for the collection, removal or purchase of solid waste or to any employee of such contractor during such time as such contract shall be in force or to any person conveying solid waste collected outside of the City, except as described in Section 8.08.070.
(21-07)
A.
Single-family and residential multifamily organic waste generators shall comply with the following requirements except those generators that meet the self-hauler requirements in Section 8.08.070 of this chapter:
1.
Shall subscribe to the City's organic waste collection services for all organic waste generated as described below in subsection (B)(1). 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 and residential multifamily generators shall adjust their service levels for collection services as requested by the City. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
2.
Shall
participate in the City's organic waste collection service(s) by placing
designated materials in designated containers and shall not place
prohibited container contaminants in collection containers.
B.
Generators
that are commercial businesses, including multifamily commercial dwellings,
shall:
1.
Subscribe to City's collection services and comply with requirements of those services as described below in subsection (B)(2) except commercial businesses that meet the self-hauler requirements in Section 8.08.070 of this chapter. 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; and commercial businesses and multifamily commercial shall adjust their service level for their collection services as requested by the City.
2.
Except commercial businesses that meet self-hauler requirements in Section 8.08.070 of the chapter, participate in the City's organic waste collection service(s) by placing designated materials in designated containers as described below:
Generators shall place source separated blue, brown, and/or
green container waste in the container designated for each source
separated recyclable material, in keeping with that program's guidelines.
All remaining waste shall be placed in the black/gray container. Note:
Organic waste cannot be placed in the black/gray container or blue
container.
3.
Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (B)(4)(a) and (B)(4)(b) below) for employees, contractors, tenants, and customers, consistent with City's blue container, brown container, green container, and black/gray container 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 8.08.070.
4.
Excluding
multifamily commercial dwellings, provide containers for the collection
of source separated green container organic waste and source separated
recyclable materials in all indoor and outdoor areas where disposal
containers are provided for customers, for materials generated by
that business. Such containers do not need to be provided in restrooms.
If a commercial business does not generate any of the materials that
would be collected in one type of container, then the business does
not have to provide that particular container in all areas where disposal
containers are provided for customers. Pursuant to 14 CCR Section
18984.9(b), the containers provided by the business shall have either:
a.
A body or lid that conforms with the container colors provided through
the collection service provided by 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.
b.
Container labels that include language or graphic images, or both,
indicating the primary material accepted and the primary materials
prohibited in that container, or containers with imprinted text or
graphic images that indicate the primary materials accepted and primary
materials prohibited in the container. Pursuant 14 CCR Section 18984.8,
the container labeling requirements are required on new containers
commencing January 1, 2022.
6.
To the extent practical through education, training, inspection, and/or other measures, excluding multifamily commercial dwellings, prohibit employees from placing materials in a container not designated for those materials per the City's blue container, brown container, green container, and black/gray container 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 8.08.070.
7.
Excluding
multifamily commercial dwellings, periodically inspect blue containers,
green containers, brown containers, and black/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).
8.
Annually
provide information to employees, contractors, tenants, and customers
about organic waste recovery requirements and about proper sorting
of source separated green and/or brown container organic waste and
source separated recyclable materials.
9.
Provide
education information before or within 14 days of occupation of the
premises to new tenants that describes requirements to keep source
separated green and/or brown container organic waste and source separated
recyclable materials separate from black/gray container waste (when
applicable) and the location of containers and the rules governing
their use at each property.
10.
Provide or arrange access for the City or its agent to their properties during all inspections conducted in accordance with Section 8.08.390 of this chapter to confirm compliance with the requirements of this chapter.
11.
Accommodate and cooperate with the City's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with subsection (B)(2). The remote monitoring program shall involve installation of remote monitoring equipment on or in the brown containers, blue containers, green containers, and black/gray containers.
12.
At commercial business' option, and subject to any approval required
from the City, implement a remote monitoring program for inspection
of the contents of its brown containers, blue containers, green containers,
and black/grey containers for the purpose of monitoring the contents
of containers to determine appropriate levels of service and to identify
prohibited container contaminants. Generators may install remote monitoring
devices on or in the brown containers, blue containers, green containers,
and black/gray containers subject to written notification to or approval
by the City or its designee.
13.
If a commercial business wants to self-haul, meet the self-hauler requirements in Section 8.08.070 of this chapter.
(21-07)
Waivers for physical de minimis volumes and/or physical space
limitations may be granted by the City if the following conditions
are met.
A.
De Minimis Waivers. The City may waive a commercial business's obligation (including multifamily commercial dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection (A)(2) below. Commercial businesses requesting a de minimis waiver shall:
1.
Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (A)(2) below.
2.
Provide
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 green or brown 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 brown container or green container comprises less than 10 gallons
per week per applicable container of the business' total waste.
3.
Notify
the City if circumstances change such that commercial business's organic
waste exceeds threshold required for waiver, in which case waiver
will be rescinded.
4.
Provide
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 waive a commercial business' or property owner's obligations (including multifamily commercial 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, 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 Section 8.08.340.
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 lacks adequate space for brown/green
containers and/or blue containers
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.
If a commercial generator can demonstrate their brown container, green container, and/or blue container program compliance through internal efforts or use of a third-party contractor that is permitted by the City in accordance with Section 8.08.080, that commercial generator may receive a waiver from mandatory subscription to the City's collection program that diverts this same material. Such waivers are at the City's sole and unfettered discretion.
(21-07)
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 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 pursuant
to 14 CCR Section 18991.4.
5.
Keep
records that include the following information, or as otherwise specified
in 14 CCR Section 18991.4:
a.
A list of each food recovery service or organization that collects
or receives its edible food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
c.
A record of the following information for each of those food recovery
services or food recovery organizations:
i.
The name, address and contact information of the food recovery service
or food recovery organization.
ii.
The types of food that will be collected by or self-hauled to the
food recovery service or food recovery organization.
iii.
The established frequency that food will be collected or self-hauled.
iv.
The quantity of food, measured in pounds recovered per month, collected
or self-hauled to a food recovery service or food recovery organization
for food recovery.
6.
No
later than March 1st of each year commencing no later than 2022 for
tier one commercial edible food generators and 2024 for tier two commercial
edible food generators, provide an annual food recovery report to
the City that includes the following information:
a.
The names, addresses, and contact information for any food recovery
service or food recovery organization to whom the commercial edible
food generator donated food during the prior calendar year.
b.
The types of food donated to each particular food recovery service
or food recovery organization during the prior calendar year.
c.
The frequency that food was collected by or self-hauled to any particular
food recovery service or food recovery organization during the prior
calendar year.
d.
The quantity of food, measured in pounds recovered per month, collected
or self-hauled to any particular food recovery service or food recovery
organization for food recovery during the prior calendar year.
e.
Copies of current contracts or written agreements with food recovery
service or food recovery organizations.
D.
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 of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(21-07)
A.
Food
recovery services collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following
records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1.
The
name, address, and contact information for each commercial edible
food generator from which the service collects edible food.
2.
The
quantity in pounds of edible food collected from each commercial edible
food generator per month.
3.
The
quantity in pounds of edible food transported to each food recovery
organization per month.
4.
The
name, address, and contact information for each food recovery organization
that the food recovery service transports edible food to for food
recovery.
B.
Food
recovery organizations collecting or receiving edible food directly
from commercial edible food generators, via a contract or written
agreement established under 14 CCR Section 18991.3(b), shall maintain
the following records, or as otherwise specified by 14 CCR Section
18991.5(a)(2):
1.
The
name, address, and contact information for each commercial edible
food generator from which the organization receives edible food.
2.
The
quantity in pounds of edible food received from each commercial edible
food generator per month.
3.
The
name, address, and contact information for each food recovery service
that the organization receives edible food from for food recovery.
C.
Food
recovery organizations and food recovery services shall inform 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).
D.
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 it
is located in 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 March 1, 2023
and by the same date each successive year.
E.
Food
Recovery Capacity Planning—Food Recovery Services and Food Recovery
Organizations. In order to support edible food recovery capacity planning
assessments or other studies conducted by the County, City, special
district 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.
(21-07)
A.
In all
cases of disputes or complaints concerning the place where solid waste,
combustible or noncombustible receptacles shall be placed while waiting
for the removal of their contents, where the same is not specifically
fixed by this chapter, the City Manager shall immediately designate
the place, and his or her decision shall be final.
B.
In all
cases of disputes or complaints concerning the rates of collection
fees to be charged when the same are not specifically fixed by this
chapter, the City Manager shall immediately fix and designate the
collection fee to be charged and his or her decision shall be final.
(21-07)
All members of the police department and the health office are
specifically required to enforce the provisions of this chapter and
shall have the right to enter any and all premises for the purpose
of determining the sanitary conditions thereof. In the event that
entry is denied to the officer, he or she shall apply for the issuance
of a warrant of inspection and show cause for the desired inspection.
A.
City
representatives and/or its designated entity 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 organic waste
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 itself does not allow City
staff or the City's designated officials to enter the interior of
a private residential property for inspection unless otherwise authorized
to do so. For the purposes of inspecting commercial business containers
for compliance with this section, the City may conduct container inspections
for prohibited container contaminants using remote monitoring, and
commercial businesses shall accommodate and cooperate with the remote
monitoring pursuant to this section.
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 employee 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; (2) installation and operation
of remove 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.
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 chaper, subject
to applicable laws.
E.
City
shall receive written complaints from persons regarding an entity
that may be potentially noncompliant with SB 1383 regulations, including
receipt of anonymous complaints.
(21-07)
A.
Violation
of any provision of this chapter shall constitute grounds for issuance
of a notice of violation and assessment of a fine by the 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.
Responsible
Entity for Enforcement. Enforcement pursuant to this chapter may be
undertaken by the City enforcement official, which may be the City
Manager or their designated entity, legal counsel, or combination
thereof.
D.
Process
for Enforcement.
1.
City
enforcement officials or their designee will monitor compliance with
this chapter randomly and through compliance reviews, route reviews,
investigation of complaints, and an inspection program (that may include
remote monitoring).
2.
City
may issue an official notification to notify regulated entities of
its obligations under this chapter.
3.
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
seven days after determining that a violation has occurred. If the
City observes prohibited container contaminants in a generator's containers
on more than three consecutive occasion(s), 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 addressed under subsection (D)(3) of this section, 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, City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the requirements contained in subsection J of this section, Table 1, List of SB 1383 Violations.
Notices shall be sent to "owner" at the official address of
the owner maintained by the tax collector for the City or if no such
address is available, to the owner at the address of the dwelling
or commercial property or to the party responsible for paying for
the collection services, depending upon available information.
E.
Penalty
Amounts for Types of Violations. The penalty levels are as follows:
F.
Compliance
Deadline Extension Considerations. The City may extend the compliance
deadlines set forth in a notice of violation issued in accordance
with this section if it finds that there are extenuating circumstances
beyond the control of the respondent that make compliance within the
deadlines impracticable, including the following:
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 City's procedures in the City's
codes 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. If the City
determines that organic waste generator, self-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, 2022.
I.
Civil
Penalties for Noncompliance. Beginning January 1, 2022, if the City
determines that an organic waste generator, self-hauler, hauler, tier
one or tier two commercial edible food generator, food recovery organization,
food recovery service, or other entity is not in compliance with this
chapter, it shall document the noncompliance or violation, issue a
notice of violation, and take enforcement action pursuant to this
section, as needed.
J.
Enforcement
Table.
|
Table 1. List of SB 1383 Violations
| |
|---|---|
|
Requirement
|
Description of Violation
|
|
Commercial business and commercial business owner responsibility
requirement.
Section 8.08.340
|
Commercial business fails to provide or arrange for organic
Waste collection services consistent with City requirements and as
outlined in this chapter, for employees, contractors, tenants, and
customers, including supplying and allowing access to adequate numbers,
size, and location of containers and sufficient signage and container
color.
|
|
Organic waste generator requirement Section 8.08.340
|
Organic waste generator fails to comply with requirements adopted
pursuant to this chapter for the collection and recovery of organic
waste.
|
|
Self-hauler requirement.
Section 8.08.070
|
A generator who is a self-hauler fails to comply with the requirements
of 14 CCR Section 18988.3(b).
|
|
Commercial edible food generator requirement.
Section 8.08.360
|
Tier one commercial edible food generator fails to arrange to
recover the maximum amount of its edible food that would otherwise
be disposed by establishing a contract or written agreement with a
food recovery organization or food recovery service and comply with
this section commencing Jan. 1, 2022.
|
|
Commercial edible food generator requirement.
Section 8.08.360
|
Tier two commercial edible food generator fails to arrange to
recover the maximum amount of its edible food that would otherwise
be disposed by establishing a contract or written agreement with a
food recovery organization or food recovery service and comply with
this section commencing Jan. 1, 2022.
|
|
Commercial edible food generator requirement.
Section 8.08.360
|
Tier one or tier two commercial edible food generator intentionally
spoils edible food that is capable of being recovered by a food recovery
organization or food recovery service.
|
|
Organic waste generator, commercial business owner, commercial
edible food generator, food recovery organization or food recovery
service.
|
Failure to provide or arrange for access to an entity's premises
for any inspection or investigation.
|
|
Recordkeeping requirements for commercial edible food generator.
Section 8.08.360
|
Tier one or tier two commercial edible food generator fails to keep records, as prescribed by Section 8.08.360.
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Recordkeeping requirements for food recovery services and food
recovery organizations.
Section 8.08.370
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(21-07)
Nothing contained in this chapter shall be construed to prohibit any producer of combustibles or noncombustibles solid waste from hauling to and dumping the same at the dump site located outside of the City limits but in accordance with the fee payment provisions as established hereinbefore and the sorting and reporting requirements detailed in Section 8.08.080. All solid waste, etc., shall be hauled out and disposed of outside the corporate limits of the City.
(21-07)
A.
Persons
applying for a permit from the City for new construction and building
additions and alternations shall comply with the requirements of this
section and all required components of the California Green Building
Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if
its project is covered by the scope of CALGreen or more stringent
requirements of the City. If the requirements of CALGreen are more
stringent then the requirements of this section, the CALGreen requirements
shall apply. Project applicants shall refer to City's building and/or
planning code for complete CALGreen requirements.
B.
For
projects covered by CALGreen, the applicants must, as a condition
of the jurisdiction's permit approval, comply with the following:
1.
Where
five or more multifamily dwelling units are constructed on a building
site, provide readily accessible areas that serve occupants of all
buildings on the site and are identified for the storage and collection
of blue container and green or brown container materials, consistent
with the three collection program offered by the jurisdiction, or
comply with provision of adequate space for recycling for multifamily
and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1,
and 5.410.1 of the California Green Building Standards Code, 24 CCR,
Part 11 as amended provided amended requirements are more stringent
than the CALGreen requirements for adequate recycling space effective
January 1, 2020.
2.
New
commercial construction or additions resulting in more than 30% of
the floor area shall provide readily accessible areas identified for
the storage and collection of blue container and brown or green container
materials, consistent with the three container collection program
offered by the jurisdiction, or shall comply with provision of adequate
space for recycling for multifamily and commercial premises pursuant
to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California
Green Building Standards Code, 24 CCR, Part 11 as amended provided
amended requirements are more stringent than the CALGreen requirements
for adequate recycling space effective January 1, 2020.
3.
Comply
with CALGreen requirements and applicable law related to management
of C&D, including diversion of organic waste in C&D from disposal.
(21-07)
A.
Property
owners or their building or landscape designers, including anyone
requiring a building or planning permit, plan check, or landscape
design review from the jurisdiction, who are constructing a new (single-family,
multifamily, public, institutional, or commercial) project with a
landscape area greater than 500 square feet, or rehabilitating an
existing landscape with a total landscape area greater than 2,500
square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D),
and (G) of the MWELO, including sections related to use of compost
and mulch as delineated in this section.
B.
The
following compost and mulch use requirements that are part of the
MWELO are now also included as requirements of this chapter. Other
requirements of the MWELO are in effect and can be found in 23 CCR,
Division 2, Chapter 2.7.
C.
Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection A above shall:
1.
Comply
with Sections 492.6 (a)(3)(B), (C), (D), and (G) of the MWELO, which
requires the submittal of a landscape design plan with a soil preparation,
mulch, and amendments section to include the following:
a.
For landscape installations, compost at a rate of a minimum of four
cubic yards per 1,000 square feet of permeable area shall be incorporated
to a depth of six inches into the soil. Soils with greater than six
percent organic matter in the top six inches of soil are exempt from
adding compost and tilling.
b.
For landscape installations, a minimum three-inch layer of mulch
shall be applied on all exposed soil surfaces of planting areas except
in turf areas, creeping or rooting groundcovers, or direct seeding
applications where mulch is contraindicated. To provide habitat for
beneficial insects and other wildlife up to five percent of the landscape
area may be left without mulch. Designated insect habitat must be
included in the landscape design plan as such.
c.
Organic mulch materials made from recycled or post-consumer materials
shall take precedence over inorganic materials or virgin forest products
unless the recycled post-consumer organic products are not locally
available. Organic mulches are not required where prohibited by local
fuel modification plan guidelines or other applicable local ordinances.
D.
If,
after the adoption of the ordinance codified in this chapter, the
California Department of Water Resources, or its successor agency,
amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C),
(D), and (G) of the MWELO September 15, 2015 requirements in a manner
that requires jurisdictions to incorporate the requirements of an
updated MWELO in a local ordinance, and the amended requirements include
provisions more stringent than those required in this section, the
revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
(21-07)
City departments, and direct service providers to the City,
as applicable, must comply with the City's recovered organic waste
product procurement policy.
(21-07)
