Words and phrases defined in Chapter
8.04 of this Code shall have the same meanings when used in this chapter.
(Ord. 731 2-16-21; Ord. 758 6-8-22)
A. Single-family waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in Section
8.10.080 of this chapter:
1. Subscribe to City’s collection services as described in Chapter
8.04 of this Code. 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 waste generators shall adjust its service level for its collection services as requested by the jurisdiction. 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 waste collection service(s) by placing
designated materials in designated containers as described below,
and shall not place prohibited container contaminants in collection
containers. Generators shall place source separated green container
organic waste, including food waste, in the green container; source
separated recyclable materials in the blue container; and gray container
waste in the gray container. Generators shall not place materials
designated for the gray container into the green container or blue
container.
B. A business
that generates four cubic yards or more of commercial solid waste
per week, two cubic yards of organic waste per week, or is a multifamily
residential dwelling of five units or more shall arrange for recycling
services, consistent with the following requirements:
1. Arrange
for the regular collection of commercial recyclable materials through
the City’s authorized waste collection contractor;
2. Maintain
containers on the premises, which are to be provided by the City’s
authorized waste collection contractor, for the collection of commercial
recyclable materials;
3. Source
separate commercial recyclable materials from waste, and place the
recyclable materials in the appropriate containers for collection
as designated by the City’s authorized waste collection contractor;
and
4. A
business that provides customers access to the business shall provide
customers with a commercial solid waste recycling bin or container
to collect material purchased on the premises. The containers must
be:
a. Adjacent to each bin or container for trash other than recyclable
commercial solid waste, except in restrooms.
b. Visible and easily accessible.
c. Clearly marked with educational signage indicating what is appropriate
to place in the commercial solid waste recycling bin or container
in accordance with State law and the local jurisdiction’s solid
waste ordinances and practices.
5. Full-service
restaurants are exempt from the requirements of this chapter if the
full-service restaurant provides its employees a commercial solid
waste recycling bin or container to collect material purchased on
the premises and implements a program to collect recyclable commercial
solid waste.
6. A
property owner of a multifamily residential dwelling may require tenants
to source separate their recyclable materials to aid in compliance
with this section.
C. A business
that generates two cubic yards or more per week of commercial solid
waste, or is a multifamily residential dwelling of five units or more
shall arrange for organics recycling services, consistent with the
following requirements:
1. Arrange
for the regular collection of organics recyclable materials through
the City’s authorized waste collection contractor;
2. Maintain
containers on the premises, which are to be provided by the City’s
authorized waste collection contractor, for the collection of organics
recyclable materials;
3. Source
separate organics recyclable materials from waste, and place the recyclable
materials in the appropriate containers for collection as designated
by the City’s authorized waste collection contractor; and
4. A
business that provides customers access to the business shall provide
customers with an organic waste recycling bin or container to collect
material purchased on the premises for immediate consumption. The
bins and containers shall be:
a. Adjacent to each bin or container for trash other than recyclable
organic waste, except in restrooms,
b. Visible and easily accessible,
c. Clearly marked with educational signage indicating what is appropriate
to place in the organic waste recycling bin or container in accordance
with State law and the local jurisdiction’s solid waste ordinances
and practices;
5. Full-service
restaurants are exempt from the requirements of this chapter if the
full-service restaurant provides its employees an organic waste recycling
bin or container to collect material purchased on the premises for
immediate consumption and implements a program to collect recyclable
organic waste;
6. When
arranging for gardening or landscaping services, the contract or work
agreement between a business subject to this section and a gardening
or landscaping service shall require that the organic waste generated
by those services be managed in compliance with this chapter.
(Ord. 731 2-16-21; Ord. 758 6-8-22)
Generators that are commercial businesses, including multifamily
residential dwellings, shall:
A. Subscribe to City’s collection services as described in Chapter
8.04 of this Code. 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 shall adjust their service level for their collection services as requested by the City.
B. Except commercial businesses that meet the self-hauler requirements in Section
8.10.080 of this chapter, participate in the City’s waste collection service(s) by placing designated materials in designated containers as described below.
1. A
three-container collection service (blue container, green container,
brown container or gray container). Generators shall place source
separated green container organic waste, including food waste in bags,
in the green container; source separated recyclable materials in the
blue container; source separated food scraps in the brown container,
and gray container waste in the gray container. Generators shall not
place materials designated for the gray container into the green container,
brown container or blue container.
C. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the City’s blue container, green container, brown container, and 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
8.10.080.
D. Excluding
multifamily residential dwellings, provide containers for the collection
of source separated green container organic waste, source separated
brown container food scraps, 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:
1. A
body or lid that conforms with the container colors provided through
the collection service provided by the City, with either lids conforming
to the color requirements or bodies conforming to the color requirements
or both lids and bodies conforming to color requirements. A commercial
business is not required to replace functional containers, including
containers purchased prior to January 1, 2022, that do not comply
with the requirements of the subsection prior to the end of the useful
life of those containers, or prior to January 1, 2036, whichever comes
first.
2. Container
labels that include language or graphic images, or both, indicating
the primary material accepted and the primary materials prohibited
in that container, or containers with imprinted text or graphic images
that indicate the primary materials accepted and primary materials
prohibited in the container. Pursuant to 14
CCR Section 18984.8, the
container labeling requirements are required on new containers commencing
January 1, 2022.
E. Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirement in subsection
(d) above pursuant to 14
CCR Section 18984.9(b).
F. To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s blue container, green container, and gray container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with Section
8.10.080.
G. Excluding
multifamily residential dwellings, periodically inspect blue containers,
green containers, brown containers, and gray containers for contamination
and inform employees if containers are contaminated and of the requirements
to keep contaminants out of those containers pursuant to 14
CCR Section
18984.9(b)(3).
H. Annually
provide information to employees, contractors, tenants, and customers
about organic waste recovery requirements and about proper sorting
of source separated green container organic waste, source separated
brown container food scraps, and source separated recyclable materials.
I. Provide
education information before or within 14 days of occupation of the
premises to new tenants that describes requirements to keep source
separated green container organic waste, source separated brown container
food scraps, and source separated recyclable materials separate from
gray container waste and the location of containers and the rules
governing their use at each property.
J. Provide
or arrange access for the City or its agent to their properties during
all inspections to confirm compliance with the requirements of this
chapter and SB 1383 regulations.
K. If a commercial business wants to self haul, meet the self-hauler requirements in Section
8.10.080 of this chapter.
L. Nothing
in this section prohibits a generator from preventing or reducing
waste generation, managing organic waste on site, or using a community
composting site pursuant to 14
CCR Section 18984.9(c).
M. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section
8.10.050.
(Ord. 731 2-16-21; Ord. 758 6-8-22)
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 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’s total solid waste collection service
is two cubic yards or more per week and organic waste subject to collection
in a blue container or green container comprises less than 20 gallons
per week per applicable container of the business’s total waste;
or
b. The commercial business’s total solid waste collection service
is less than two cubic yards per week and organic waste subject to
collection in a blue container or green container comprises less than
10 gallons per week per applicable container of the business’s
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’s or
property owner’s obligations (including multifamily residential
dwellings) to comply with some or all of the recyclable materials
and/or organic waste collection service requirements if the City has
evidence from its own staff, a hauler, licensed architect, or licensed
engineer demonstrating that the premises lacks adequate space for
the collection containers required for compliance with the organic
waste collection requirements of this chapter.
C. 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 blue containers
and/or green containers including documentation from its hauler, licensed
architect, or licensed engineer.
3. Provide
written verification to the City that it is still eligible for physical
space waiver every five years, if the City has approved application
for a physical space waiver.
D. Review
and Approval of Waivers by the City. The City Manager or designee
shall review and approve waivers. The City Manager or designee may
revoke a waiver upon a determination that any of the circumstances
justifying a waiver are no longer applicable.
(Ord. 731 2-16-21; Ord. 758 6-8-22)
A. Tier
one commercial edible food generators must comply with the requirements
of this section commencing January 1, 2022, and tier two commercial
edible food generators must comply commencing January 1, 2024, pursuant
to 14
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: (1) the collection of edible food for
food recovery; or (2) 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).
b. A copy of all contracts or written agreements established under 14
CCR Section 18991.3(b).
c. A record of the following information for each of those food recovery
services or food recovery organizations:
i. The name, address and contact information of the food recovery service
or food recovery organization.
ii. The types of food that will be collected by or self-hauled to the
food recovery service or food recovery organization.
iii. The established frequency that food will be collected or self-hauled.
iv. The quantity of food, measured in pounds recovered per month, collected
or self-hauled to a food recovery service or food recovery organization
for food recovery.
D. 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).
(Ord. 731 2-16-21; Ord. 758 6-8-22)
A. Food
recovery services collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement
established under 14
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 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).
D. Food
Recovery Capacity Planning.
1. Food
Recovery Services and Food Recovery Organizations. In order to support
edible food recovery capacity planning assessments or other studies,
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 jurisdiction 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.
(Ord. 731 2-16-21; Ord. 758 6-8-22)