This chapter is adopted in accordance with Article XI, Section
7 of the California Constitution and Public Resources Code Section
40059 to protect public health, safety and well-being, to control
the spread of vectors, and to limit sources of air pollution, noise
and traffic within the city. This chapter is adopted to supplement
and implement the legal requirements of AB 939 and, in particular,
the SB 1383 Regulations.
(Ord. 2216 § 1, 2021)
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not given a meaning by this chapter have the meaning set forth in the act and the regulations promulgated to implement the act, if defined therein, and if not, to the definitions found in RCRA and the regulations promulgated to implement RCRA, as amended, or in this code (e.g., Chapters 13.24 and 15.44). References to an undesignated regulation are to Title 14 of the California Code of Regulations.
means the California Integrated Waste Management Act of 1989
codified in part at Public Resources Code, Sections 40000 et seq.,
as amended.
means the city manager, or designee.
mean the collection of solid waste and recyclable materials
in a common gray container, which may be a bin or cart.
means solid waste and recyclable materials collected in a
common gray container, and does not include "organic waste" as that
term is defined in Section 18982(a)(46).
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 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 chapter or as otherwise defined in 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 Section 18982(a)(7).
means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and compost on-site
at any one time does not exceed one hundred cubic yards and seven
hundred fifty square feet, as specified in Section 17855(a)(4) or
as otherwise defined by Section 18982.
means a review of records by the city to determine compliance
with this chapter.
has the same meaning as in Section 17896.2(a)(4), which stated,
as of the effective date of 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 plastic materials that meet the ASTM D6400 standard
for compostability, or as otherwise described in Section 18984.1 or
Section 18984.2.
means the person designated by the city manager pursuant
to Section 18981.2(b).
means food intended for human consumption, or as otherwise
defined in Section 18982(a)(18). For purposes of this chapter or as
otherwise defined in Section 18982(a)(18), "edible food" is not solid
waste if it is recovered and not discarded. Nothing in this chapter
requires or authorizes the recovery of edible food that does not meet
the food safety requirements of the California Retail Food Code.
means actions to collect and distribute food for human consumption
that otherwise would be disposed, or as otherwise defined in Section
18982(a)(24).
means food scraps, food-soiled paper, and compostable plastics.
means solid waste that is collected in a gray container that
is part of a three-container organic waste collection service that
prohibits the placement of organic waste in the gray container as
specified in Section 18984.1(a) and (b), or as otherwise defined in
Section 17402(a)(6.5).
means solid waste and co-collected solid waste that is collected
in a gray container that is part of a two- or three-container waste
collection service that prohibits the placement of organic waste in
the gray container as specified in Section 18984.1(a) and (b), or
as otherwise defined in Section 17402(a)(6.5).
has the same meaning as in Section 18982(a)(29) and will
be used for the purpose of storage and collection of source separated
green container organic waste.
means of, from, or pertaining to residential premises with
five or more dwelling units. Multifamily premises do not include hotels,
motels, or other transient occupancy facilities, which are considered
commercial businesses.
means the Resource Conservation and Recovery Act as set forth
at 42 U.S.C. Sections 6901, et seq., as amended.
means a non-organic material which can be reused or processed
into a form suitable for reuse through reprocessing or remanufacture,
and includes glass, aluminum, PET and other plastics, beverage containers,
phone books, and such other materials designated by the City.
means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Health and Safety Code Sections 39730.5,
39730.6, 39730.7, and 39730.8 and added Public Resources Code Chapter
13.1 (commencing with Section 42652), 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 or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations found at Titles 14 (Chapter 12) and 27 of the California Code of Regulations.
means of, from, or pertaining to residential premises consisting
of a single dwelling unit.
means source separated organic waste that can be placed in
a green container that is specifically intended for the separate collection
of organic waste by the generator, excluding non-organic recyclables,
as defined in Section 18982(a)(43).
means source separated non-organic recyclables.
(Ord. 2216 § 1, 2021; Ord. 2220 § 1, 2022)
Except as otherwise provided for self-haulers, single-family
organic waste generators must:
(a)
Subscribe
to organic waste collection services for all generated organic waste.
The city may 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.
Single-family generators must adjust their collection service level
as directed by the city to maintain a level of service that is consistent
with the purpose of this chapter. Generators must 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
Section 18984.9(c).
(b)
Participate
in the organic waste collection service by placing designated materials
in designated containers as described below. It is unlawful to place
prohibited container contaminants in collection containers.
(d)
It
is unlawful for generators to place materials designated for the gray
container into the green container or blue container.
(Ord. 2216 § 1, 2021; Ord. 2220 § 2, 2022)
(a)
Except
as provided for self-haulers, all generators that are commercial businesses
or multifamily residential dwellings must subscribe to City's two
or three container collection services and comply with requirements
of those services as described below.
(b)
The
city may 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.
(c)
Commercial
Businesses and multifamily residential dwellings must adjust their
collection service level as directed by the city to maintain a level
of service that is consistent with the purpose of this chapter and
to avoid adverse impacts to public health, safety or welfare.
(d)
Commercial
businesses and multifamily residential dwellings must participate
in the city's organic waste collection service by placing designated
materials in designated containers as follows:
(1)
Place Source separated green container organic waste, including food
waste, in the green container, or place materials designated for the
green container or the blue container in the gray container;
(2)
If provided with three-container collection service, place source
separated recyclable materials in the blue container; and
(3)
Place gray container waste in the gray container. Generators must
not place materials designated for the gray container into the green
container or blue container.
(e)
Commercial
businesses and multifamily residential dwellings must supply, and
allow, employees, contractors, tenants, and customers unfettered access
to collection containers of adequate number and size, consistent with
city's blue container, green container, and gray container collection
service or, if self-hauling, per the commercial businesses' instructions
to support its compliance with its self-haul program. All collection
containers must be labeled or colored as set forth below.
(f)
Commercial
businesses and multifamily residential dwellings must 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 to deposit
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.
(g)
Pursuant
to Section 18984.9(b), the containers provided by the business must
have either:
(1)
A body or lid that conforms with the container colors provided through
the collection service provided by the city, with either lids conforming
to the color requirements or bodies conforming to the color requirements
or both lids and bodies conforming to color requirements. A commercial
business is not required to replace functional containers, including
containers purchased before January 1, 2022, that do not comply with
the requirements of this subsection before the end of the useful life
of those containers, or before January 1, 2036, whichever comes first.
(2)
Container labels that include language or graphic images, or both,
indicating the primary material accepted and the primary materials
prohibited in that container, or containers with imprinted text or
graphic images that indicate the primary materials accepted and primary
materials prohibited in the container. Pursuant to Section 18984.8,
the container labeling requirements are required on new containers
commencing January 1, 2022.
(h)
Multifamily
residential dwellings are not required to comply with container placement
requirements or labeling requirements pursuant to Section 18984.9(b).
(i)
Commercial
businesses must, to the extent practicable, prohibit employees from
placing materials in a container not designated for those materials
per the city's blue container, green container, and gray container
collection service or, if self-hauling, per the commercial businesses'
instructions to support its compliance with its self-haul program.
(j)
Commercial
businesses must 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 Section 18984.9(b)(3).
(k)
Commercial
businesses must 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.
(l)
Commercial
businesses must provide education information before or within fourteen
days of occupation of the premises to new tenants that describes requirements
to keep source separated green container organic waste and source
separated recyclable materials separate from gray container waste
(when applicable) and the location of containers and the rules governing
their use at each property.
(m)
Commercial
businesses must provide or arrange access for the city or designee
to their properties during all inspections conducted in accordance
with this chapter to confirm compliance with the requirements of this
chapter.
(n)
If
a commercial business wants to self-haul, it must meet the self-hauler
requirements in this chapter.
(o)
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 Section 18984.9(c).
(p)
Commercial
businesses that are tier one or tier two commercial edible food generators
must comply with food recovery requirements.
(Ord. 2216 § 1, 2021; Ord. 2220 § 3, 2022)
(a)
The
city may waive a commercial business's obligation (including multifamily
residential 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 below.
(b)
Commercial
businesses requesting a de minimis waiver must submit an application
specifying the services that they are requesting a de minimis waiver
for and provide the following documentation:
(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 twenty
gallons per week per applicable container of the business's 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 ten gallons
per week per applicable container of the business's total waste.
(c)
Notify
the city if circumstances change such that commercial business's organic
waste exceeds the threshold required for de minimis waiver, in which
case the waiver will be rescinded.
(d)
Acknowledge
that if the city obtains information at any time that the commercial
business is exceeding the organic waste thresholds for the de minimis
waiver, that the city will rescind waiver.
(e)
At
least every five years after receiving a de minimis waiver, allow
the city to conduct an inspection for the purpose of verifying continued
eligibility for the de minimis waiver.
(Ord. 2216 § 1, 2021)
(a)
The
city may waive a commercial business's or property owner's obligations
(including multifamily residential dwellings) to comply with some
or all of the organic waste collection service requirements of this
code if the commercial business or property owner provides documentation,
or the city obtains evidence, from a hauler, California licensed architect,
or California licensed engineer demonstrating that the premises lacks
adequate space for the collection containers required for compliance
with this chapter.
(b)
A
commercial business or property owner must request a physical space
waiver through the following process:
(Ord. 2216 § 1, 2021)
(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.
(b)
Large
venue or large event operators not providing food services, but allowing
for food to be provided by others, must 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 must:
(1)
Arrange to recover the maximum amount of edible food that would otherwise
be disposed.
(2)
Contract with, or enter into a written agreement with, food recovery
organizations or food recovery services for: (i) the collection of
edible food for food recovery; or (ii) acceptance of the edible food
that the commercial edible food generator self-hauls to the food recovery
organization for food recovery.
(3)
Allow city enforcement officials, upon reasonable notice, to access
the premises and review records pursuant to Section 18991.4.
(d)
Additionally,
commercial edible food generators must keep, for a minimum period
of five years, records that includes the documentation, contacts,
and such additional information needed to comply with Section 18991.3(b)
on forms provided by the city or designee.
(e)
Not
later than March 31 of each year commencing no later than February
1, 2023 for tier one commercial edible food generators and February
1, 2025 for tier two commercial edible food generators, provide an
annual food recovery report to the city that includes the following
information:
(1)
A copy of all contracts or written agreements established under 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 name, address and contact information of the food recovery service
or food recovery organization.
(f)
Nothing
in this chapter will 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.
(Ord. 2216 § 1, 2021)
(a)
A
food recovery service that has established a contract or written agreement
to collect or receive edible food directly from commercial edible
food generators must keep, for a minimum period of five years, records
that includes the documentation, contacts, and such additional information
needed to comply with Section 18991.5 on forms provided by the city
or designee.
(b)
No
later than March 31st of each year, commencing March 31, 2023 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 Section 18991.3(b) must 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 Section 18991.3(b).
(c)
In
order to support edible food recovery capacity planning assessments
or other studies conducted by the city food recovery services and
food recovery organizations operating in the city must 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 must respond
to such request for information within sixty days unless a shorter
timeframe is otherwise specified by the city.
(Ord. 2216 § 1, 2021)
(a)
An
exclusive or non-exclusive franchised hauler providing residential,
commercial, or industrial organic waste collection services to generators
within the City's boundaries must meet the following requirements
and standards as a condition of approval of a contract, agreement,
or other authorization with the City to collect organic waste:
(1)
Through written notice to the city annually on or before March 15th,
identify the facilities to which they will transport organic waste
including facilities for source separated recyclable materials and
source separated green container organic waste.
(2)
Transport source separated recyclable materials, source separated
green container organic waste to a facility, operation, activity,
or property that recovers organic waste.
(3)
Obtain approval from the city to haul organic waste, unless it is
transporting source separated organic waste to a community composting
site or lawfully transporting C&D in a manner that complies with
Section 18989.1 or other applicable law including this code.
(b)
Owners
of facilities, operations, and activities that recover organic waste,
including, without limitation, compost facilities, in-vessel digestion
facilities, and publicly-owned treatment works must, 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 must respond within
sixty days after a request is sent by the city.
(c)
Community
composting operators, upon city request, will provide information
to the city to support organic waste capacity planning, including,
without limitation, an estimate of the amount of organic waste anticipated
to be handled at the community composting operation. Entities contacted
by the city must respond within sixty days after a request is sent
by the City.
(Ord. 2216 § 1, 2021; Ord. 2220 § 4, 2022)
(a)
Self-haulers
must source separate all recyclable materials and organic waste (materials
that 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 Sections 18984.1
and 18984.2, or must haul organic waste to a high diversion organic
waste processing facility as required by Section 18984.3.
(b)
Self-haulers
must haul their source separated organic waste to a solid waste facility,
operation, activity, or property that processes or recovers source
separated organic waste.
(c)
Self-haulers
must 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; these records must be kept for a minimum
of five years and are subject to Inspection by the city upon request.
The records must 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)
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 must keep a record of the entities that received the
organic waste.
(d)
Except
for a residential organic waste generator that self-hauls organic
waste, self-haulers that are commercial businesses (including multifamily
self-haulers) must provide any information required by city within
sixty days after City sends the request.
(Ord. 2216 § 1, 2021)
(a)
The
city's direct service providers must comply with the City's recovered
organic waste product and recycled-content paper procurement policy.
(b)
All
vendors providing paper products and printing and writing paper must:
(1)
If fitness and quality are equal, provide recycled-content paper
products and recycled-content printing and writing paper that consists
of at least thirty percent, by fiber weight, postconsumer fiber instead
of non-recycled products whenever recycled paper products and printing
and writing paper are available at the same or lesser total cost than
non-recycled items or at a total cost of no more than ten percent
of the total cost for non-recycled items.
(2)
Provide paper products and printing and writing paper that meet Federal
Trade Commission recyclability standard as defined in 16 Code of Federal
Regulations (CFR) Section 260.12 (January 1, 2013).
(3)
Certify in writing, under penalty of perjury, the minimum percentage
of postconsumer material in the paper products and printing and writing
paper offered or sold to the city. This certification requirement
may be waived if the percentage of postconsumer material in the paper
products, printing and writing paper, or both can be verified by a
product label, catalog, invoice, or a manufacturer or vendor internet
website.
(4)
Certify in writing, on invoices or receipts provided, that the paper
products and printing and writing paper offered or sold to the City
is eligible to be labeled with an unqualified recyclable label as
defined in 16 Code of Federal Regulations (CFR) Section 260.12 (January
1, 2013).
(5)
Provide records to the city's recovered organic waste product procurement
recordkeeping designee, in accordance with the City's recycled-content
paper procurement policy(ies) of all paper products and printing and
writing paper purchases within thirty days of the purchase (both recycled-content
and non-recycled content, if any is purchased) made by any division
or department or employee of the city. Records must include a copy
(electronic or paper) of the invoice or other documentation of purchase,
written certifications as required by this chapter for recycled-content
purchases, purchaser name, quantity purchased, date purchased, and
recycled content (including products that contain none), and if non-recycled
content paper products or printing and writing papers are provided,
include a description of why recycled-content paper products or printing
and writing papers were not provided.
(Ord. 2216 § 1, 2021)
Designees are authorized to conduct inspections and investigations,
at random or otherwise, of any collection container, collection vehicle
loads, or transfer, processing, or disposal facility for materials
collected from generators, or source separated materials to confirm
compliance with this chapter 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.
(Ord. 2216 § 1, 2021)
Subject to the requirements of Section 18995.4 including, without limitation, the need for a sixty day compliance period after issuing a notice of violation, the city may enforce this chapter in accordance with applicable law including, without limitation, Title 4 and Chapter 6.08.
(Ord. 2216 § 1, 2021)
