A. 
For purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section, unless it is obvious from the context that another meaning is intended:
"Bin"
means a container with capacity of approximately one to eight cubic yards, provided by the city or its franchisee, equipped with a hinged lid and wheels (where appropriate), that may be services by a front-end loading collection vehicle, including bins with compactors attached to increase the capacity of the bin.
"Bulky item"
means discarded appliances, furniture, tires, carpets, mattresses, e-waste, bundled and tied yard trimmings, and/or wood waste, and similar large items which can be handled by two people, weigh no more than 200 pounds, and require special collection due to their size or nature, but can be collected without the assistance of special loading equipment and without violating vehicle load limits. Bulky items must be generated by the customer and at the service address where the bulky items are collected. Bulky items do not include abandoned automobiles, large auto parts, trees, construction and demolition debris, or items defined as excluded waste.
"California Code of Regulations (CCR)"
means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Cal. Code of Regs., Title 14).
"CalRecycle"
means California's Department of Resources Recycling and Recovery.
"Cart"
means a plastic container provided by the city or its franchisee with a hinged lid and wheels serviced by an automated or semi-automated collection vehicle. A cart has capacity of 20, 35, 64 or 96 gallons (or similar volumes).
"City" or "City of Carlsbad"
means the incorporated territory of the City of Carlsbad.
"Collection container(s)"
means collectively the carts, bins or drop boxes furnished by the city or franchisee used for storage of discarded materials prior to collection.
"Commercial" or "commercial business"
shall mean of, from, or pertaining to nonresidential premises where business activity is conducted, including, without limitation, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon residential property which are permitted under applicable zoning regulations and are not the primary use of the property.
"Commercial edible food generator"
has the same meaning as in 14 CCR Section 18982(a)(7).
"Community composting"
means any activity that composts as specified in 14 CCR Section 17855(a)(4); or as otherwise defined in 14 CCR Section 18982(a)(8).
"Compactor"
means a mechanical apparatus that compresses materials together with the container that holds the compressed materials or the container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two to eight cubic yard bin compactors serviced by front-end loader collection vehicles and 10 to 50 cubic yard drop box compactors serviced by roll-off collection vehicles.
"Compliance review"
means a review of records by a city to determine compliance with this chapter.
"Compostable plastics" or "compostable plastic"
means plastic materials that meet the ASTM D6400 standard for compostability.
"Composting" or "compost" (or any variation thereof)
includes a controlled biological decomposition of organic materials yielding a safe and nuisance free compost product.
"Construction and demolition debris" or "C&D"
includes discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair, or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded waste. Construction and demolition debris includes rocks, soils, tree remains, and other yard trimmings which result from land clearing or land development operations in preparation for construction.
"Designee"
means an entity that a city contracts with or otherwise arranges to carry out any of the city's responsibilities in 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.
"Director"
means the city's Public Works Director or designee, or other city official as designated by the City Manager.
"Discarded materials"
means recyclable materials, organic materials, and solid waste placed by a generator in a receptacle and/or at a location for the purposes of collection by franchisee, excluding excluded waste.
"Discarded material service"
means the collection, transport, processing, and/or disposal of solid waste, organic materials, and recyclable materials.
"Divert" or "diversion" (or any variation thereof)
means to prevent discarded materials from disposal at landfill or transformation facilities, (including facilities using incineration, pyrolysis, distillation, gasification, or biological conversion methods) through source reduction, reuse, recycling, composting, anaerobic digestion or other method of processing, subsequent to the provisions of AB 939 (1989). Diversion is a broad concept that is to be inclusive of material handling and processing changes that may occur over the term including, without limitation, changes in standard industry practice or implementation of innovative (but not necessarily fully proven) techniques or technology that reduce disposal risk, decrease costs and/or are for other reasons deemed desirable by the city.
"Drop box"
means an open top container with a capacity of seven to 40 cubic yards that is serviced by a roll-off collection vehicle.
"Edible food"
means food intended for human consumption. 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 (California Health and Safety Code Section 113700 et seq.).
"Event organizer"
has the same meaning as set forth in Section 8.17.020 of this code, as it may be amended from time to time.
"Excluded waste"
means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that the franchisee reasonably believes would, as a result of or upon 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, waste that in franchisee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose franchisee or city to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, or household batteries when properly placed for collection by franchisee as set forth in this chapter.
"Food distributor"
has the same meaning as in 14 CCR Section 18982(a)(22).
"Food facility"
has the same meaning as in Section 113789 of the California Health and Safety Code.
"Food recovery"
has the same meaning as defined in 14 CCR Section 18982(a)(24).
"Food recovery organization"
has the same meaning as in 14 CCR Section 18982(a)(25).
"Food scraps"
means those discarded materials that will decompose and/or putrefy including: (1) all kitchen and table food waste; (2) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (3) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (4) vegetable trimmings, houseplant trimmings and other compostable organic waste common to the occupancy of residential dwellings. Food scraps are a subset of food waste.
"Food service provider"
has the same meaning as in 14 CCR Section 18982(a)(27).
"Food-soiled paper"
means compostable paper material that has come in contact with food scraps or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
"Food waste"
means source-separated food scraps, food-soiled paper, and compostable plastics. Food waste is a subset of organic materials.
"Generator"
means any person whose act or process produces discarded materials as defined in the California Public Resources Code, or whose act first causes discarded materials to become subject to regulation.
"Franchisee"
means any person, persons, firm or corporation to whom a franchise has been granted by the city for the collection, processing, recycling and disposal of solid waste.
"Grocery store"
has the same meaning as in 14 CCR Section 18982(a)(30).
"Hauler route"
has the same meaning as in 14 CCR Section 18982(a)(31.5).
"Hazardous waste"
means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state in California Health and Safety Code Sections 25110.02, 25115, and 25117, as they may be amended from time to time, or identified and listed as hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC Section 6901 et seq.), as it may be amended from time to time, and all implementing rules and regulations.
"High diversion organic waste processing facility"
has the same meaning as in 14 CCR Section 18982(a)(33).
"Inspection"
has the same meaning as in 14 CCR Section 18982(a)(35).
"Large event"
has the same meaning as in 14 CCR Section 18982(a)(38).
"Large venue"
has the same meaning as in 14 CCR Section 18982(a)(39).
"Large education agency"
has the same meaning as in 14 CCR Section 18982(a)(40)
"Multifamily" or "multifamily premises"
means, for the purposes of this chapter, any residential premises, other than a single-family premises, with five or more dwelling units used for residential purposes (whether temporarily or permanently), including such premises when combined in the same building with commercial establishments, that receive centralized, shared, collection service for all units on the premises which are billed to one customer at one address. Customers residing in townhouses, mobile homes, condominiums, or other structures with five or more dwelling units who receive individual service and are billed separately shall not be considered multifamily.
"Organic materials"
means yard trimmings, compostable plastic, and food waste, individually or collectively. No discarded material shall be considered to be organic materials, however, unless it is separated from recyclable material and solid waste. Organic materials are a subset of organic waste.
"Organic waste"
has the same meaning as in 14 CCR Section 18982(a)(46) and shall also include compostable plastic and yard trimmings.
"Permitted C&D hauler(s)"
means any person, persons, firm or corporation to whom the city has granted a permit for the collection, recycling and disposal of construction and demolition debris generated from a city-permitted construction, demolition, alteration, or remodel project.
"Person"
includes any person, firm, association, organization, partnership, business trust, joint venture, corporation, or company and includes the United States, the State of California, the County of San Diego, the City of Carlsbad, cities, districts, and any officer or agency of them.
"Pollutants"
means and includes, without limitation, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand, sediment, silt, industrial waste, and any organic or inorganic substance defined as a pollutant under Title 40, Section 122.2 of the Code of Federal Regulations whose presence degrades the quality of the receiving waters in violation of basin plan and California ocean plan standards such as fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, fertilizers, pesticides, herbicides and other biocides. A pollutant also includes any contaminant which degrades the quality of the receiving waters in violation of basin plan and California ocean plan standards by altering any of the following parameters: pH, total suspended and settleable solids, biochemical oxygen demand (BOD), chemical oxygen demand (COD), nutrients, temperature, and other narrative standards of the basin plan.
"Premises"
means any land or building in the city where discarded materials are generated or accumulated.
"Prohibited container contaminants"
means the following: (1) discarded materials placed in the recyclable materials collection container that are not identified as acceptable recyclable materials for the city's collection program; (2) discarded materials placed in the organic materials collection container that are not identified as acceptable organic materials for the city's collection program; (3) discarded materials placed in the solid waste collection container that are acceptable recyclable materials and/or organic materials to be placed in the city's recyclable materials or organic materials containers or otherwise managed under the city's collection program; and (4) excluded waste placed in any container.
"Recovery"
has the same meaning as in 14 CCR Section 18982(a)(49).
"Recyclable materials"
means those discarded materials that: the generators set out in recyclables containers for collection for the purpose of recycling by the franchisee and that exclude excluded waste. No discarded materials shall be considered recyclable materials unless such material is separated from organic materials, and solid waste. Recyclable materials shall include, without limitation: (1) newspaper (including inserts, coupons, and store advertisements); (2) mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, tabletop beverage containers, cereal, and other similar food boxes yet excluding paper tissues, paper towels, paper with plastic coating, paper contaminated with food, wax paper, foil-lined paper and cartons, Tyvex non-tearing paper envelopes); (3) chipboard; (4) corrugated cardboard; (5) glass containers of any color (including brown, clear, and green glass bottles and jars); (6) aluminum (including beverage containers and small pieces of scrap metal); (7) steel, tin, or bi-metal cans; (8) mixed plastics such as plastic containers (no. one to seven), except expanded polystyrene (EPS); (9) bottles including containers made of high-density polyethylene (HDPE), low-density polyethylene (LDPE), or polyethylene terephthalate (PET); (10) film plastic (when clean, dry, and contained inside of a plastic bag); (11) dry cell household batteries when placed on the recycling cart in a sealed heavy-duty plastic bag; and (12) those materials added by the franchisee from time to time.
"Recycle" or "recycling"
means the process of sorting, cleansing, treating, and reconstituting at a recyclable materials processing facility materials that would otherwise be disposed of at a landfill for the purpose of returning such materials to the economy in the form of raw materials for new, reused, or reconstituted products. Recycling includes processes deemed to constitute a reduction of landfill disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in California Public Resources Code Section 40201.
"Recycling facility"
means a recycling, composting, or materials recovery or reuse facility.
"Residential"
means of, from, or pertaining to a single-family or multifamily premises including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments.
"Responsible person"
means the individual or entity responsible for the management of discarded materials generated at a residential or commercial premises. In instances of dispute or uncertainty regarding who is the responsible person for a premises, responsible person shall mean the owner of a residential or commercial premises.
"Restaurant"
has the same meaning as in 14 CCR Section 18982(a)(64).
"Route review"
has the same meaning as in 14 CCR Section 18982(a)(65).
"SB 1838"
means California 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 California Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the California 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. For the purposes of this chapter, SB 1383 specifically refers to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted on November 3, 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.
"Self-hauler" or "self-haul"
means a person who hauls recyclable materials and organic materials that such person generates in or on their own premises, to another person with their own vehicle. Self-hauler also includes a person who back-hauls recyclable materials and organic materials from premises they own and operate. For purposes of this chapter, the definition of "self-hauler" or "self-haul" does not include construction and demolition debris.
"Single-family" or "single-family premises"
means, notwithstanding any contrary definition in this code, any detached or attached house or residence designed or used for occupancy by one family, provided that collection service feasibly can be provided to such premises as an independent unit, and the owner or occupant of such independent unit is billed directly for the collection service. Single-family includes townhouses, and each independent unit of duplex, tri-plex, or four-plex residential structures, regardless of whether each unit is separately billed for their specific service level.
"Solid waste"
means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, Section 40191 and implementing regulations. Excluded from the definition of solid waste are excluded waste, C&D, source-separated recyclable materials, edible food if it is recovered and not discarded, source-separated organic materials, and radioactive waste. Notwithstanding any provision to the contrary, solid waste may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid waste includes salvageable materials only when such materials are included for collection in a solid waste collection container not source-separated from solid waste at the site of generation.
"Solid waste facility"
means a solid waste transfer or processing station, a composting facility, a transformation facility, or a disposal facility as approved by the city.
"Source-separated"
means the segregation, by the generator, of materials designated for separate collection for some form of recycling, composting, recovery, or reuse.
"Special event"
has the same meaning as set forth in Section 8.17.020 of this code, as it may be amended from time to time.
"State"
means the State of California.
"Stormwater"
has the same meaning as set forth in Section 15.04.020 of this code, as it may be amended from time to time.
"Stormwater conveyance system"
has the same meaning as set forth in Section 15.04.020 of this code, as it may be amended from time to time.
"Supermarket"
has the same meaning as in 14 CCR Section 18982(a)(71).
"Tier one commercial edible food generator"
has the same meaning as in 14 CCR Section 18982(a)(73).
"Tier two commercial edible food generator"
has the same meaning as in 14 CCR Section 18982(a)(74).
"Wholesale food vendor"
has the same meaning as in 14 CCR Section 189852(a)(76).
"Yard trimmings"
means those discarded materials that will decompose and/or putrefy, including, but not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of organic materials resulting from normal yard and landscaping maintenance that may be specified for collection and processing as organic materials under this chapter. Yard trimmings does not include items defined as excluded waste. Yard trimmings are a subset of organic materials. Yard trimmings placed for collection may not exceed six inches in diameter and three feet in length and must fit within the franchisee-provided collection container.
B. 
Any other term that is defined by Division 30 (Waste Management) of the California Public Resources Code (commencing with Section 4000) that is used but not otherwise defined in this chapter shall have the meaning established by the California Public Resources Code, to the extent meaning is not inconsistent with the context of the usage in this chapter and does not conflict with the approved franchise.
(Ord. CS-183 § 2, 2012; Ord. CS-276, 2015; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
A. 
Every person in possession, charge or control of any place or premises in the city in, upon, or from which discarded materials are created, produced or accumulated shall:
1. 
Discard such solid waste, organic waste and/or recyclable materials through the discarded materials collection service of the city or its franchisee.
2. 
Place and/or direct its generators to place source-separated organic materials in the organic materials stream of the applicable container; source-separated recyclable materials in the recyclable materials stream of the applicable container; and solid waste in the solid waste stream of the applicable container. No person shall dispose of commercial grease or cooking oil in a compostable materials container.
3. 
Not place and/or direct its generators to not place prohibited container contaminants in containers and not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.
4. 
Pay the established fee or fees.
B. 
The collection of discarded materials shall occur at least once per week.
C. 
Exceptions.
1. 
Nothing in this chapter limits the right of any person to donate or sell the person's recyclable materials in lieu of placing the recyclable materials in recycling containers for collection.
2. 
Commercial businesses and multifamily premises with recycling compactors that receive a collection frequency waiver pursuant to Section 6.08.025 may have recyclable materials collected once every 14 days.
3. 
Upon customer request, and with written approval from the director or a designee, franchisee shall cease providing, and collecting payment for, collection services to a premises which is anticipated to be vacant for no less than 30 days. In addition, upon written direction from the director or a designee, franchisee shall modify or otherwise cease providing collection services to customers requesting other service exemptions, provided that such customers consistently demonstrate the ability to responsibly manage discarded materials generated at the premises in question, in a manner consistent with applicable law.
D. 
Nothing in this section prohibits a responsible person or generator of a premises from engaging in any of the following activities, in addition to subscribing to the discarded materials collection service of the city or its franchisee:
1. 
Donating or selling the service recipient's source-separated organic materials to other persons, provided that there is no net payment made by the service recipient to such other person.
2. 
Self-hauling materials within the requirements of Section 6.08.161.
3. 
Collecting C&D, if: (a) such persons maintain a city-issued permit granting such right; (b) the C&D was generated from a construction, demolition, alteration, or remodel project pursuant to a permit issued by the city; and (c) such persons comply with all other applicable requirements in Section 6.08.160.
4. 
Selling any items which are source-separated at any premises by the generator or donating any items which are source-separated at any premises by the generator to youth, civic, or charitable organizations. Materials will not be deemed donated if they are collected by a non-franchised waste hauler that is not a 501(c)(3) organization.
5. 
Arranging for the collection of edible food for the purposes of food recovery, regardless of whether the generator donates, sells, or pays a fee to the other person(s) to collect or receive the edible food.
6. 
Separating food scraps and using or distributing to other person(s) such food scraps for lawful use as animal feed, in accordance with 14 CCR Section 18983.1(b)(7). Food scraps intended for animal feed may be self-hauled by the generator or hauled by another party provided that there is no net payment made by the service recipient to such other person.
7. 
Delivering containers for recycling under the California Beverage Container Recycling and Litter Reduction Act (California Public Resources Code Section 14500, et seq.).
8. 
Arranging for discarded materials, and/or bulky items to be removed from a premises by a contractor (e.g., gardener, landscaper, tree-trimming service, construction contractor who produces waste other than C&D, residential clean-out service) as an incidental part of the service being performed, rather than as a separately contracted or subcontracted hauling service; or if such contractor is providing a service which is not included in the scope of the franchise agreement.
9. 
Composting or otherwise legally managing organic materials at the site where they are generated (e.g., backyard composting, or on-site anaerobic digestion) or at a community composting site.
10. 
Preventing or reducing discarded materials.
E. 
The responsible person for a commercial or a multifamily premises that does not receive regular recyclable and/or organic materials collection from the city or its franchisee under Section 6.08.020(C)(1) and/or self-hauls discarded materials pursuant to Section 6.08.161 shall submit an annual report to the city: (i) by August 15, 2022, for the period of January 1, 2022 through June 30, 2022; and (ii) by May 1, 2023, and on or before May 1 of each year thereafter, on a form or using a format prescribed by the City Manager. Annual reports submitted, beginning with May 1, 2023, shall include the following information for the entire previous calendar year:
1. 
The name of the responsible person(s) for the premises.
2. 
The address for the premises.
3. 
The name for the commercial business (if applicable).
4. 
The volume in cubic yards or gallons, measured by the size of the containers in use at the premises, of recyclable materials and organic materials handled through self-hauling or other means, and documentation verifying where all material was transported to.
5. 
Additional information as required by the director.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
A. 
In addition to the requirements described in Section 6.08.020 of this chapter and other applicable law, the responsible person for any multifamily premises must do all of the following:
1. 
Provide on-site source-separated collection of recyclable materials, organic materials, and solid waste to the occupants of the premises consistent with this chapter.
2. 
Provide a sufficient number and type of containers at the property to contain the recyclable materials, organic materials, and solid waste generated by the occupants of the complex or premises.
3. 
Place recyclable material containers and organic materials containers in convenient locations for use by occupants of the property, which means placement of recyclable materials containers and organic materials containers adjacent to, or in the immediate vicinity of, solid waste containers in disposal areas. The responsible person must pair recycling containers and organic materials containers with solid waste containers of equivalent volume capacity at each disposal area.
4. 
Educate the occupants of the multifamily premises about the recycling and organic waste services as follows:
a. 
The responsible person must annually distribute recycling and organic waste program information to all occupants that describes the types of recyclable materials accepted, the location of recyclable materials containers, and the occupant's responsibility to recycle pursuant to this chapter;
b. 
The responsible person must provide occupants with the recycling and organic waste program information upon their first occupancy or use of the complex or premises; and
c. 
The responsible person must provide occupants with updated recycling program information upon any change in recycling service to the multifamily or commercial premises.
B. 
Occupants of a multifamily premises must participate in the recycling program provided by the responsible person by separating recyclable materials from other solid waste and depositing the recyclable materials in the on-site recycling containers.
C. 
If the responsible person of a multifamily premises wants to self-haul, meet the self-hauler requirements in Section 6.08.160 of this chapter, including retaining all records (including, but not limited to, receipts and weight tickets) for no less than five years of the amount of recyclable materials and organic waste, delivered to each facility, operation, activity, or property that processes or recovers recyclable materials and organic waste subject to inspection by the city or its designee.
D. 
Multifamily premises that generate two cubic yards or more of total discarded materials per week (or other threshold defined by the state) that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a multifamily premises and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this chapter.
(Ord. CS-359 § 2, 2019; Ord. CS-408 § 2, 2021)
A. 
In addition to the requirements described in Section 6.08.020 of this chapter and other applicable law, responsible persons of commercial premises shall:
1. 
Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsection (A)(2) below) for employees, contractors, tenants, and customers, consistent with city's recyclable materials container, organic materials container, and solid waste container collection service or, if self-hauling, consistent with the commercial premises' approach to complying with self-hauler requirements in Section 6.08.160 of this chapter.
2. 
Provide containers for the collection of source-separated recyclable materials and source-separated organic materials in all indoor and outdoor areas where solid waste containers are provided for customers, for materials generated by that commercial business. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the responsible person of the commercial business does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the responsible person of the commercial business shall have either:
a. 
A body or lid that conforms with the container colors provided through the collection service provided by 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. The responsible person of the commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
b. 
Container labels that include language or graphic images, or both, indicating the primary materials 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.
3. 
To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the city's recyclable materials container, organic materials container, and solid waste collection service or, if self-hauling, per the instructions of the commercial business's responsible person to support its compliance with self-hauler requirements in Section 6.08.160 of this chapter.
4. 
Annually inspect recyclable materials containers, organic materials containers, and solid waste 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).
5. 
Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste.
6. 
Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep source-separated organic materials and source-separated recyclable materials separate from each other and from other solid waste (when applicable) and the location of containers and the rules governing their use at each property.
7. 
Provide or arrange access for city or its designee to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.
8. 
If the responsible person of a commercial business wants to self-haul, meet the self-hauler requirements in Section 6.08.160 of this chapter.
B. 
Responsible persons of commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 6.08.027 of this chapter.
(Ord. CS-408 § 2, 2021)
A. 
Collection Frequency Waiver. The city, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the responsible person of any multifamily premises or commercial business premises that subscribes to the city's discarded materials collection service to arrange for the collection of their premises' recyclable materials collection container once every 14 days, rather than once per week, if the responsible person utilizes a recycling compactor at the premises for which the responsible person is applying for a waiver.
B. 
Review and Approval of Waivers by City. Waivers shall be granted to responsible persons by city according to the following process:
1. 
Responsible persons of premises seeking waivers shall submit a completed application form to the sustainable materials management division or other designated city department for a waiver specifying the waiver type requested, type(s) of collection services for which they are requesting a waiver, the reason(s) for such waiver, and documentation supporting such request.
2. 
Upon waiver approval, city shall specify that the waiver is valid for three years.
(Ord. CS-408 § 2, 2021)
A. 
The event organizer of a special event permitted under Chapter 8.17 must provide a level of discarded materials service sufficient to contain the solid waste generated at the special event.
B. 
The event organizer shall provide containers at convenient locations at the special event to facilitate the source separation of solid waste, organic materials, and recyclable materials by event employees, vendors, and attendees. Convenient locations mean that solid waste containers, organic materials containers, and recyclable materials containers placed next to one another throughout the special event venue. The event organizer must pair recyclable materials containers and organic materials containers with solid waste containers of equivalent volume capacity at each disposal area in the special event venue.
C. 
All containers must be clearly identified as either a solid waste, organic materials, or recyclable materials container and must include signage that describes the types of materials that may be deposited in the container.
D. 
Large venue or large event operators providing food services must comply with the requirements of Section 6.08.027 commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
E. 
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 Section 6.08.027, commencing January 1, 2024 pursuant to 14 CCR Section 18991.3.
(Ord. CS-359 § 2, 2019; Ord. CS-408 § 2, 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, including, but not limited to, large events and large venues as defined in this chapter, must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. 
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. 
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.
6. 
Maintain records required by this section for five years.
7. 
By (i) August 15, 2022 for tier one commercial edible food generators for the period of January 1, 2022 through June 30, 2022; (ii) by May 1, 2023, and on or before May 1 of each year thereafter, for tier one commercial edible food generators; and (iii) by May 1, 2024 for tier two commercial edible food generators, provide an annual food recovery report to the city, covering the entire previous calendar year, that includes the following information:
a. 
Weight of edible food donated.
b. 
Weight of rejected edible food.
c. 
Entity(ies) edible food is being donated to, and weight subtotals per entity of edible food donated.
d. 
Any additional information required by the director.
C. 
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 (AB 1219), the federal Good Samaritan Food Donation Act (42 USCA Section 1791 et seq.), or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the California Education Code, and amended Section 114079 of the California Health and Safety Code, relating to food safety) as amended, supplemented, superseded and replaced from time to time. Additionally, 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 (California Health and Safety Code Section 113700 et seq.).
(Ord. CS-408 § 2, 2021)
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 all records required by 14 CCR Section 18991.5(a)(1).
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 all records required by 14 CCR Section 18991.5(a)(2).
C. 
Maintain records required by this section for five years.
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 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). The annual report shall be submitted to the city no later than the dates set forth in Section 6.08.027(B)(7) of each year.
E. 
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 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.
F. 
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 shall include language in all agreements with tier one and tier two edible food generators located in the city identifying and describing the California Good Samaritan Act, as may be amended from time to time.
(Ord. CS-408 § 2, 2021)
A. 
No person shall deposit, keep or accumulate any solid waste in or upon any public or private premises unless enclosed in containers. Collection containers shall be provided by the franchisee. The collection containers will remain the property of the franchisee. Every person occupying or having control of any such premises shall insure that a sufficient number of containers are available to properly store all solid waste generated at said premises.
B. 
No person shall deposit, keep or accumulate any recyclable materials in or upon any public or private premises unless enclosed within a recyclable materials container.
C. 
Collection containers shall be kept in the rear or on the side of the premises or in designated enclosures, except as provided in Section 6.08.080, or as approved by the director.
D. 
No person shall dispose of commercial grease or cooking oil in a container intended for recyclable materials.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
No person shall allow grease or decomposing material to accumulate in the interior or on the exterior of a solid waste, recyclable materials, or organic materials collection container. No person shall allow water or other liquids to accumulate in the bottom of a solid waste container in excess of a depth of one inch.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
No person shall allow pollutants or liquids to accumulate around or on discarded materials enclosures or around and/or under discarded materials containers such that stormwater will carry these pollutants or liquids to the stormwater conveyance system.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
No person shall permit a solid waste, recyclable materials, or organic materials collection container to remain uncovered or open, or in such condition that insects or vermin may obtain access to the container, except when necessary to place discarded materials in the container or remove discarded materials from the container, and when the cover is removed for such purposes it shall be immediately replaced.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
Every compost pile, bin, holding area or other compost system shall be maintained so as to not create a public nuisance. No compost pile, bin, holding area or other compost system shall be maintained within six feet from an exterior window, exterior door or other exterior entrance to an inhabited residential structure other than one owned by the owner of the compost system.
(Ord. CS-359 § 2, 2019; Ord. CS-408 § 2, 2021)
Residential solid waste, recyclable materials, and organic materials carts, when placed for collection, shall not be at a weight greater than the cart manufacturer's recommended maximum weight.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
Discarded materials, when placed for collection, shall fit entirely within the confines of the carts with lids securely shut. The franchisee shall not be obligated to collect discarded materials that are placed outside of the carts. Households requiring additional service shall arrange for special collection.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
Solid waste, recyclable materials, and organic materials carts from single-family premises shall be placed in the street with the wheels against the curb, or if no such curb exists, within the gutter of the public street; in the event that the discarded materials are to be collected from a public alley, the carts shall be placed within five feet of the edge of the right-of-way of such alley. Carts shall be positioned with handles facing away from the street or right-of-way. Carts must be placed at least two feet away from obstacles such as trees, vehicles and mailboxes, one foot away from other carts, and clear from any overhead obstructions such as tree limbs.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
Solid waste, recyclable materials, and organic materials carts must be placed for collection between the hours of 6:00 p.m. on the day prior to collection and 6:00 a.m. of the day of collection. Carts shall be removed no later than 12:00 a.m. of the day of collection.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
No person shall deposit or place any solid waste anywhere other than in an approved solid waste container under the person's control. Further, no person shall abandon, store, bury, and/or burn solid waste on public or private premises, with or without the property owner's permission, except at an authorized solid waste facility.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
It is unlawful for any person within the city to hinder access of the franchisee to the solid waste, recyclable materials or organic materials collection containers.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
The franchisee shall provide for the collection of any discarded materials which require special collection. If the special service is not identified in the city's contract with the franchisee, the franchisee shall provide the service at a rate mutually agreed upon by the customer and the franchisee. Customers shall contract the city's franchisee to arrange for such services.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
Bulky items shall be discarded or recycled through special collection service.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
Multiple tenants within a single building or complex may be allowed to share bin service. Customers utilizing carts shall not be allowed to share service, except at the sole discretion of the director.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
Multiple tenant residential complexes shall be allowed to utilize bin service or individual cart service at the discretion of the owner or property manager. Multiple tenant residential complexes utilizing individual cart service shall be charged the single-family fee per each unit.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
A. 
No person shall haul, carry or transport any discarded materials or construction and demolition debris through the city or along or over any public street or public place in the city except in water-tight vehicles so that the contents are not offensive. Such vehicles shall be so loaded and operated that none of their contents falls or spills from them, and every vehicle used for such purposes shall be kept in a clean and sanitary condition.
B. 
Franchisees providing discarded materials collection services, and permitted C&D haulers providing construction and demolition debris collection services, to generators within the city's boundaries shall meet the following requirements unless otherwise stated in the franchise agreement, contract, permit, or other authorization with the city:
1. 
Through written notice to the city annually: by (a) August 15, 2022, for the period of January 1, 2022 through June 30, 2022, and (b) by May 1, 2023, and on or before May 1 of each year thereafter, for the period covering the entire previous calendar year, identify the facilities to which they will transport discarded materials and construction and demolition debris, including facilities for source-separated recyclable materials, source-separated organic materials, and solid waste.
2. 
Transport source-separated recyclable materials to a facility that recovers those materials; transport source-separated organic materials to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; transport solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste; and transport manure to a facility that manages manure in conformance with 14 CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC).
3. 
Obtain a permit 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 commingled with organic waste in a manner that complies with 14 CCR Section 18989.1 and any other provision of this code.
4. 
Permitted C&D haulers must obtain a permit from the city to haul construction and demolition debris to a facility that processes C&D materials.
C. 
Franchisee(s) and permitted C&D haulers authorized to collect discarded materials or construction and demolition debris shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement or other agreement or permit entered into with or issued by the city.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
A. 
All self-haulers shall meet the following requirements:
1. 
In order to self-haul materials, a responsible person must first register as a self-hauler with the sustainable materials management division in the manner prescribed by the director or a designee.
2. 
Every self-hauler shall source separate its recyclable materials and organic materials (materials that city otherwise requires generators or responsible persons to separate for collection in the city's recyclable materials and organic materials collection program) generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 and the city's collection program. Self-haulers shall deliver their materials to facilities described in subsection (A)(3) below. Alternatively, self-haulers may choose not to source separate recyclable materials and organic materials and shall haul its solid waste (that includes recyclable materials and organic materials) to a high-diversion organic waste processing facility that is approved by the city.
3. 
Self-haulers that source separate their recyclable materials and organic materials shall haul their source-separated recyclable materials to a facility that recovers those materials; haul their source-separated organic waste to a facility, operation, activity, or property that processes or recovers source-separated organic waste; haul their solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste; and, haul their manure to a facility that manages manure in conformance with 14 CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC).
B. 
All self-haulers that are responsible persons of commercial businesses or multifamily premises shall meet the following requirements:
1. 
Keep records of the amount of recyclable materials, organic waste, and solid waste delivered to each facility, operation, activity, or property that processes or recovers recyclable materials and organic waste and processes or disposes of solid waste, or shall keep records of solid waste delivered to high-diversion organic waste processing facilities. These records shall be subject to inspection by the city or its designee. The records shall include the following information:
a. 
Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic materials, and solid waste.
b. 
The amount of material in cubic yards or tons transported by the generator or responsible person 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 discarded materials.
d. 
Additional information as required by the director.
2. 
Retain all records and data required to be maintained by this section for no less than five years after the discarded materials were first delivered to the facility accepting the materials.
3. 
Provide copies of records required by this section to the city if requested by the director or a designee and provide records at the frequency requested by the director or a designee.
C. 
No self-hauler shall haul organic waste or construction and demolition debris unless they comply with all applicable requirements in Section 6.08.160.
(Ord. CS-408 § 2, 2021)
A. 
Owners of facilities, operations, and activities located in the city's boundaries that recover organic waste, including, without limitation, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the city's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 30 days.
B. 
Community composting operators with operations located in the city's boundaries, upon the city's request, shall 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 shall respond within 30 days.
C. 
Owners of facilities, operations, and activities located in the city's boundaries that receive discarded materials shall provide to the city on a quarterly basis copies of all reports they are required to report to CalRecycle, including at a minimum, those required by AB 901 and SB 1383.
(Ord. CS-408 § 2, 2021)
It is unlawful for any person, other than an employee of the franchisee or an employee of the city to collect, remove, or dispose of discarded materials placed in collection containers in the city; provided, however, that nothing contained in this section shall prevent the use of garbage disposal devices as regulated by the city plumbing code.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
The city may enter into a contract or contracts, including franchise agreements, under such terms or conditions as may be agreed upon and as may be seen fit by the city for the collection and disposal of discarded materials within the city. No person shall engage in the business of providing discarded materials services, except as provided in Section 6.08.020(C), within the city without having a valid discarded materials services contract with the city.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
The rates and fees to be paid for regular (excluding Section 6.08.120) discarded materials services rendered by the franchisee shall be those rates and fees as established from time to time by resolution of the City Council.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
A. 
It is unlawful for any person having discarded materials collected and disposed of as provided in this chapter, to willfully fail, neglect, or refuse after demand by the city, or its duly authorized agent or employee, to pay the fees prescribed for services. The city and/or franchisee may seek payment for delinquent accounts by any legal means available. In addition to all other remedies available by law or established by this chapter, failure to pay after delinquency may result in suspension of service. The reduction of service level and reinstatement of service for delinquent accounts shall be subject to procedures and limitations of the franchisee's franchise agreement with the city and this chapter.
B. 
Franchisee shall bill owners or responsible persons for discarded materials services and be solely responsible for collecting billings at rates set in accordance with the franchise agreement. Billing shall be performed on the basis of services rendered.
C. 
All charges due by the property owner or responsible person shall become delinquent if not paid within 30 days after the billing date.
D. 
If the bill becomes delinquent, franchisee must provide owners or responsible persons with delinquent accounts with written notice of the delinquency and that franchisee may assess a late fee for bills not paid within 45 days after the billing date.
E. 
Franchisee may assess a late fee for bills not paid within 45 days after the billing date, not to exceed the late fees prescribed in the franchise agreement.
F. 
Should any service account become more than 120 calendar days past due, franchisee may discontinue providing service to the delinquent account. Franchisee may withhold service from a delinquent account until past delinquencies are paid in full. Upon restoring service to a previously delinquent account, franchisee may require a deposit from the account holder not to exceed the deposit prescribed in the franchise agreement.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
The obligation to pay discarded materials services fees is upon the legal owner or owners of the property served. Nothing in this section, however, shall prevent an arrangement under which payments for discarded materials services are made by a tenant or tenants, or an agent, on behalf of the owner, provided any such arrangement shall not affect the owner's obligation for payment of such fees.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
The City Manager may adopt administrative regulations that are consistent with and that further the terms and requirements set forth within this chapter. All such administrative regulations must be in writing.
(Ord. CS-359 § 2, 2019; Ord. CS-408 § 2, 2021)
A. 
The sustainable materials management division, or other designated city department, is 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, and Cal. Code of Regs., Title 14, Section 18982 et seq., by generators, responsible persons of commercial businesses, responsible persons of multifamily premises, commercial edible food generators, haulers, self-haulers, food recovery services, food recovery organizations, and any other entities regulated by this chapter, subject to applicable laws. This section does not allow city to enter the interior of a private residential property for inspection.
B. 
Entities regulated by this chapter shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's representative or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection, as prescribed by the director, to confirm compliance with any requirement of this chapter. Failure of a responsible person to provide or arrange for: (1) access to an entity's premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Section 6.08.220.
C. 
Any records obtained by a city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq.
D. 
City representatives of the sustainable materials management division, or other designated city department, are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
E. 
City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints.
(Ord. CS-408 § 2, 2021)
The director shall be responsible for the enforcement of all provisions of this chapter. Nothing in these regulations shall prevent the city's authorized agents or deputies from efforts to obtain compliance by way of warning, notice of violation, educational means or other civil or administrative remedies available under this code or other applicable law.
A. 
A violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and administrative citations as appropriate, in conformance with Chapter 1.10 of this code unless otherwise stated in this chapter.
B. 
Process for Enforcement.
1. 
City enforcement officials and/or their designee will monitor compliance with this chapter and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 6.08.218 and Chapter 1.10 establish the city's right to conduct inspections and investigations.
2. 
The city may issue an official notification to advise regulated entities of their obligations under the chapter.
3. 
For incidences of prohibited container contaminants found in collection containers, the city or its designee will issue a notice of contamination to any generator or responsible person found to have prohibited container contaminants in a collection container as prescribed by the current franchise agreement, and the city or its designee may assess contamination processing fees on the generator as prescribed by the current franchise agreement.
4. 
With the exception of violations of contamination of collection container contents addressed under 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, the city shall proceed with enforcement pursuant to Chapter 1.10.
C. 
Penalty Amounts for Types of Violations. The penalty levels for violations of this chapter are as follows:
1. 
For a first violation, the amount of the base penalty shall be $50.00 to $100.00 per violation.
2. 
For a second violation, the amount of the base penalty shall be $100.00 to $200.00 per violation.
3. 
For a third or subsequent violation, the amount of the base penalty shall be $250.00 to $500.00 per violation.
4. 
The dollar amounts described in subsection D of this section are intended to match the amounts established in Cal. Code of Regs., Title 14, Section 18997.2, as amended.
D. 
Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
1. 
The nature, circumstances, and severity of the violation(s).
2. 
The violator's ability to pay.
3. 
The willfulness of the violator's misconduct.
4. 
Whether the violator took measures to avoid or mitigate violations of this chapter.
5. 
Evidence of any economic benefit resulting from the violation(s).
6. 
The deterrent effect of the penalty on the violator.
7. 
Whether the violation(s) were due to conditions outside the control of the violator.
E. 
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:
1. 
Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. 
Delays in obtaining discretionary permits or other government agency approvals; or
3. 
Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
F. 
Persons receiving an administrative citation may contest the citation according to the procedure prescribed in Section 1.10.120 of this code.
G. 
Education Period for Noncompliance. Beginning January 1, 2022, the city will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance with this chapter, and if the city determines that generator, responsible person, self-hauler, 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 July 1, 2022.
H. 
Civil Penalties for Noncompliance. Beginning July 1, 2022, if the city determines that a generator, responsible person, 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.
(Ord. CS-359 § 2, 2019; Ord. CS-408 § 2, 2021)
All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are substantially the same as existing code provisions relating to the same subject matter shall be construed as restatements and continuations of the existing code provisions and not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of the ordinance codified in this chapter, under any chapter, ordinance, or part of an ordinance otherwise repealed by this chapter, all provisions of such chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal.
(Ord. CS-183 § 2, 2012; Ord. 359 § 2, 2019; Ord. CS-408 § 2, 2021)
If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter or the application of the chapter to persons or circumstances not similarly situated.
(Ord. CS-408 § 2, 2021)