A.
State
recycling law, Assembly Bill 939 of 1989, the California Integrated
Waste Management Act of 1989 (California Public Resources Code Section
40000, et seq., as amended, supplemented, superseded, and replaced
from time to time), requires cities and counties to reduce, reuse,
and recycle (including composting) solid waste generated in their
jurisdictions to the maximum extent feasible before any incineration
or landfill disposal of waste, to conserve water, energy, and other
natural resources, and to protect the environment.
B.
State
recycling law, Assembly Bill 341 of 2011 (approved by the Governor
of the State of California on October 5, 2011, which amended Sections
41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001
of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8
(commencing with Section 42649) to Part 3 of Division 30 of, and added
and repealed Section 41780.02 of, the Public Resources Code, as amended,
supplemented, superseded and replaced from time to time), places requirements
on businesses and multifamily property owners that generate a specified
threshold amount of solid waste to arrange for recycling services
and requires jurisdictions to implement a mandatory commercial recycling
program.
C.
State
organics recycling law, Assembly Bill 1826 of 2014 (approved by the
Governor of the State of California on September 28, 2014, which added
Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division
30 of the Public Resources Code, relating to solid waste, as amended,
supplemented, superseded, and replaced from time to time), requires
businesses and multifamily property owners that generate a specified
threshold amount of solid waste, recycling, and organic waste per
week to arrange for recycling services for that waste, requires jurisdictions
to implement a recycling program to divert organic waste from businesses
subject to the law, and requires jurisdictions to implement a mandatory
commercial organics recycling program.
D.
SB 1383,
the Short-Lived Climate Pollutant Reduction Act of 2016, requires
CALRecycle to develop regulations to reduce organics in landfills
as a source of methane. The regulations place requirements on multiple
entities including jurisdictions, residential households, commercial
businesses and business owners, commercial edible food generators,
haulers, self-haulers, food recovery organizations, and food recovery
services to support the achievement of statewide organic waste disposal
reduction targets.
E.
SB 1383,
the Short-Lived Climate Pollutant Reduction Act of 2016, requires
jurisdictions to adopt and enforce an ordinance or enforceable mechanism
to implement relevant provisions of SB 1383 regulations. This chapter
will also help reduce food insecurity by requiring commercial edible
food generators to arrange to have the maximum amount of their edible
food, that would otherwise be disposed, be recovered for human consumption.
(Ord. 1150 § 2, 2021)
The definitions in this section shall govern the construction
of this chapter.
means the act amending Sections 41730, 41731, 41734, 41735,
41736, 41800, 42926, 44004, and 50001 of, and adding Sections 40004,
41734.5, and 41780.01 to, to add Chapter 12.8 (commencing with Section
42649) to Part 3 of Division 30 of, and to add and repeal Section
41780.02 of, the Public Resources Code, relating to solid waste.
means the assembly bill approved by the Governor of the State
of California on October 2, 2019, which amended Sections 42649.2,
42649.2, 42649.8, and 42649.81 of the Public Resources Code, relating
to solid waste.
means the California Integrated Waste Management Act of 1989
(California Public Resources Code Section 40000 et seq.), as it may
be amended from time to time, including the 2008 revisions to California
Public Resources Code Sections 42920 – 42927 (commonly referred
to as SB 1016).
means the Organic Waste Recycling Act of 2014 (Chapter 727,
Statutes of 2014 modifying Division 30 of the California Public Resources
Code), also commonly referred to as "AB 1826," as amended, supplemented,
superseded, and replaced from time to time.
means a metal container with hinged lids and wheels with
a capacity of less than or equal to six cubic yards.
has the same meaning as in 14 CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of source
separated recyclable materials.
means the State of California's Department of Resources Recycling
and Recovery, and, as this department was structured prior to January
1, 2010, the California Integrated Waste Management Board, or CIWMB.
means a plastic container with a hinged lid and wheels serviced
by an automated or semi-automated truck with a capacity of no less
than thirty-two and no greater than one hundred and one gallons.
means City of Pico Rivera, California, a municipal corporation,
and all the territory lying within the municipal boundaries of city
as presently existing or as such boundaries may be modified.
means the operation of gathering together garbage, rubbish
and waste material, and transporting the same to the point of disposal.
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, strip
mall, or industrial facility, or as otherwise defined in 14 CCR Section
18982(a)(6).
includes tier one commercial edible food generators and tier
two commercial edible food generators. For the purposes of this definition,
food recovery organizations are not commercial edible food generators.
means a receptacle for temporary storage of discarded materials.
Containers may include bins, carts, roll-off boxes, compactors, cans,
buckets, bags, or other storage instruments to the extent such containers
are permitted by the city for use for collection.
means the person entering into a contract with the city for
the collection and disposal of garbage, rubbish and waste material.
means a person receiving solid waste handling services from
city designated contractor.
means the ultimate disposition of solid waste collected by
contractor at a landfill or otherwise in full regulatory compliance.
means food intended for human consumption. For the purposes
of this agreement, edible food is not solid waste if it is recovered
and not discarded. Nothing in this agreement requires or authorizes
the recovery of edible food that does not meet the food safety requirements
of the California Retail Food Code.
means all federal and state statutes, county, local and city
ordinances concerning public health, safety and the environment including,
by way of example and not limitation, the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, 42 USC Section 9601
et seq.; the Resource Conservation and Recovery Act, 42 USC Section
6902 et seq.; the Federal Clean Water Act, 33 USC Section 1251 et
seq.; the Toxic Substances Control Act, 15 USC Section 1601 et seq.;
the Occupational Safety and Health Act, 29 USC Section 651 et seq.;
the California Hazardous Waste Control Act, California Health and
Safety Code Section 25100 et seq.; the California Hazardous Substance
Account Act, California Health and Safety Code Section 25300 et seq.;
the Porter-Cologne Water Quality Control Act, California Water Code
Section 13000 et seq.; the Safe Drinking Water and Toxic Enforcement
Act, California Health and Safety Code Section 25249.5 et seq.; as
currently in force or as hereafter amended, and all rules and regulations
promulgated there under.
means actions to collect and distribute edible food for human
consumption which otherwise would be disposed, or as otherwise defined
in 14 CCR Section 18982(a)(24).
means an entity that primarily engages in the collection
or receipt of edible food from commercial edible food generators and
distributes that edible food to the public for food recovery either
directly or through other entities, including, but not limited to:
A food bank as defined in Section 113783 of the Health and Safety
Code;
A nonprofit charitable organization; or
A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code.
means source-separated food scraps and food-soiled paper.
has the same meaning as in 14 CCR Section 18982.2(a)(28)
and shall be used for the purpose of storage and collection of waste
that is prohibited in the blue or green container.
means solid waste that is collected in a gray container that
is part of a three-container organic waste collection service that
prohibits the placements of organic waste in the gray container as
specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined
in 14 CCR Section 17402(a)(6.5).
has the same meaning as in 14 CCR Section 18982.2(a)(29)
and shall be used for the purpose of storage and collection of source
separated organic waste.
means tree trimmings, wood stumps, small pieces of wood,
grass cuttings, dead plants, leaves, branches, flowers, plant stocks,
and dead trees (not more than six inches in diameter or forty-eight
inches in length) and similar materials.
means an event, including, but not limited to, a sporting
event or a flea market, that charges an admission price, or is operated
by a local agency, and serves an average of more than two thousand
individuals per day of operation of the event, at a location that
includes, but is not limited to, a public, nonprofit, or privately
owned park, parking lot, golf course, street system, or other open
space when being used for an event. If the definition in 14 CCR Section
18982(a)(38) differs from this definition, the definition in 14 CCR
Section 18982(a)(38) shall apply to this chapter.
means a permanent venue facility that annually seats or serves
an average of more than two thousand individuals within the grounds
of the facility per day of operation of the venue facility. For purposes
of 14 CCR, Division 7, Chapter 12 and this chapter, a venue facility
includes, but is not limited to, a public, nonprofit, or privately
owned or operated stadium, amphitheater, arena, hall, amusement park,
conference or civic center, zoo, aquarium, airport, racetrack, horse
track, performing arts center, fairground, museum, theater, or other
public attraction facility. For purposes of 14 CCR, Division 7 Chapter
12 and this agreement, a site under common ownership or control that
includes more than one large venue that is contiguous with other large
venues in the site, is a single large venue. If the definition in
14 CCR Section 18982(a)(39) differs from this definition, the definition
in 14 CCR Section 18982(a)(39) shall apply to this chapter.
means any building or lot containing three or more dwelling
units. Multifamily premises do not include hotels, motels, or other
transient occupancy facilities, which are considered commercial businesses.
Multifamily dwelling units generally receive refuse collection service
through the use of shared bins but may use carts. Service is not dependent
upon unit count unless specifically stated.
means food waste, green waste, landscape and pruning waste,
nonhazardous wood waste, and food-soiled paper waste that is mixed
in with food waste.
has the same meaning as in Public Resources Code Section
40170, which states that a person includes an individual, firm, limited
liability company, association, partnership, political subdivision,
government agency, municipality, industry, public or private corporation,
or any other entity whatsoever.
means any land or building in city where solid waste is generated
or accumulated.
means the process of collecting, sorting, cleansing, treating,
and recon-figuring materials for the purpose of returning them to
the economic mainstream in the form of raw material for new, reused,
or reconstituted products that meet the quality standards necessary
to be used in the marketplace. 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 Public Resources Code Section 40201.
means solid waste that is source separated, is reasonably
free of solid waste according to acceptable local facility standards,
has some potential economic value, and is set aside, handled, packaged,
or offered for collection in a manner different from refuse in order
to allow it to be processed for recycling. Organic materials that
are source separated are not considered recyclable materials for purposes
of this contract regardless of potential economic value.
means solid waste or debris, except sewage, construction
and demolition debris, recyclable materials, and/or organic waste
placed in source separated containers for collection.
refers to services performed at and for residential premises,
which include both single-family dwellings and multifamily dwellings.
means premises upon which dwelling units exist, including,
without limitation, single family dwellings, apartments, boarding
or rooming houses, condominiums, mobile homes, efficiency apartments,
and other multiple dwellings. Notwithstanding any provision to the
contrary herein, in the Pico Rivera Municipal Code, or otherwise,
premises upon which the following uses are occurring shall not be
deemed to be residential premises, and rather shall be deemed to be
commercial premises: assisted living facilities, convalescent homes,
dormitories, extended stay motels, group residential facilities, group
care facilities, hotels, motels, and any other businesses not specifically
listed at which residency is transient in nature and hence should
be classified as commercial premises as determined by city on a case
by case bases.
means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7,
and 39730.8 to the Health and Safety Code, and added Chapter 13.1
(commencing with Section 42652) to Part 3 of Division 30 of the Public
Resources Code, establishing methane emissions reduction targets in
a statewide effort to reduce emissions of short-lived climate pollutants
as amended, supplemented, superseded, and replaced from time to time.
means all discarded wastes generated by residential, commercial,
and industrial sources, and all solid waste generated at construction
and demolition sites, and at treatment works for water and waste water,
which are collected and transported under the authorization of the
city or are self-hauled by residents or contractors. Solid waste does
not include agricultural crop residues, mining waste and fuel extraction
waste, forestry wastes, ash from industrial boilers, furnaces and
incinerators or hazardous material, any waste which is not permitted
to be disposed of at a Class III landfill and which fall within the
definition of nonhazardous solid waste set forth in Title 23, Chapter
15, Section 2523(a) of the California Code of Regulations as amended
or designated Class II wastes.
means materials, including commingled recyclable materials,
that have been separated or kept separate from the solid waste stream,
at the point of generation, for the purpose of additional sorting
or processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products which meet the quality standards
necessary to be used in the marketplace, or as otherwise defined in
14 CCR Section 17402.5(b)(4). Source separated shall include separation
of materials by the waste generator, property owner, property owner's
employee, property manager, or property manager's employee into different
containers for the purpose of collection such that source separated
materials are separated from gray container waste or mixed waste and
other solid waste for the purposes of collection and processing.
means the State of California.
means a commercial edible food generator that is one of the
following, each as defined in 14 CCR Section 18982:
means a commercial edible food generator that is one of the
following, each as defined in 14 CCR Section 18982:
Restaurant with two hundred fifty or more seats, or a total
facility size equal to or greater than five thousand square feet.
Hotel with an on-site food facility and two hundred or more
rooms.
Health facility with an on-site food facility and one hundred
or more beds.
Large venue.
Large event.
A state agency with a cafeteria with two hundred fifty or more
seats or total cafeteria facility size equal to or greater than five
thousand square feet.
A local education agency with an on-site food facility.
means any person as defined by the Public Resources Code,
whose act or process produces solid waste as defined in the Public
Resources Code, or whose act first causes solid waste to become subject
to regulation.
(Ord. 1150 § 2, 2021)
Single-family organic waste generators shall comply with the
following requirements:
A.
Shall subscribe to city's organic waste collection services for all organic waste generated as described below in subsection B. The city shall have the right to review the number and size of a generator's containers to evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust its service level for its collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
B.
Shall
participate in the city's organic waste collection service(s) by placing
designated materials in designated containers as described below,
and shall not place prohibited container contaminants in collection
containers.
C.
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.
(Ord. 1150 § 2, 2021)
Generators that are commercial businesses, including multifamily
residential dwellings, shall:
A.
Subscribe to the city's three-container collection services and comply with the requirements of those services as described below in subsection B. The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate the 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.
Participate
in the city's organic waste collection services by placing designated
materials in designated containers. Generators shall place source
separated green container organic waste in the green container; source
separated recyclable materials in the blue container; and gray container
waste in the gray container. Generator shall not place materials designated
for the gray container into the green container or blue container.
C.
Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (D)(1) and (D)(2) below) for employees, contractors, tenants, and customers, consistent with the city's blue container, green container, and gray container collection service
D.
Excluding
multifamily residential dwellings, provide containers for the collection
of source separated green container organic waste and source separated
recyclable materials in all indoor and outdoor areas where disposal
containers are provided for customers, for materials generated by
that business. Such containers do not need to be provided in restrooms.
If a commercial business does not generate any of the materials that
would be collected in one type of container, then the business does
not have to provide that particular container in all areas where disposal
containers are provided for customers. Pursuant to 14 CCR Section
18984.9(b), the containers provided by the business shall have either:
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 14 CCR Section 18984.8, the
container labeling requirements are required on new containers commencing
January 1, 2022.
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.
G.
Excluding
multifamily residential dwellings, periodically inspect blue containers,
green containers, and gray containers for contamination and inform
employees if containers are contaminated and of the requirements to
keep contaminants out of those containers pursuant to 14 CCR Section
18984.9(b)(3).
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 and source separated
recyclable materials.
I.
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.
J.
Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with Section 8.13.090 to confirm compliance with the requirements of this chapter.
(Ord. 1150 § 2, 2021)
A.
De Minimis Waiver. 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 ordinance 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 twenty
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 ten 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. 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 compliance waiver.
2.
Provide
documentation that the premises lack 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 a physical
space waiver every five years, if the city has approved an application
for a physical space waiver.
(Ord. 1150 § 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 must comply commencing January 1, 2024, pursuant
to 14 CCR Section 18991.3.
B.
Large
venue or large event operators not providing food services, but allowing
for food to be provided by others, shall require food facilities operating
at the large venue or large event to comply with the requirements
of this section, commencing January 1, 2024.
C.
Commercial
edible food generators shall comply with the following requirements:
1.
Arrange
to recover the maximum amount of edible food that would otherwise
be disposed.
2.
Contract
with, or enter into a written agreement with food recovery organizations
or food recovery services for: (a) the collection of edible food for
food recovery; or (b) acceptance of the edible food that the commercial
edible food generator self-hauls to the food recovery organization
for food recovery.
3.
Shall
not intentionally spoil edible food that is capable of being recovered
by a food recovery organization or a food recovery service.
4.
Allow
the city's designated enforcement entity or designated third party
enforcement entity to access the premises and review records pursuant
to 14 CCR Section 18991.4.
5.
Keep
records that include the following information, or as otherwise specified
in 14 CCR Section 18991.4:
a.
A list of each food recovery service or organization that collects
or receives its edible food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
c.
A record of the following information for each of those food recovery
services or food recovery organizations:
i.
The name, address and contact information of the food recovery service
or food recovery organization.
ii.
The types of food that will be collected by or self-hauled to the
food recovery service or food recovery organization.
iii.
The established frequency that food will be collected or self-hauled.
iv.
The quantity of food, measured in pounds recovered per month, collected
or self-hauled to a food recovery service or food recovery organization
for food recovery.
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. 1150 § 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 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. 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 sixty days, unless
a shorter timeframe is otherwise specified by the city.
(Ord. 1150 § 2, 2021)
A.
The
city's exclusive franchised hauler is required to comply with the
SB 1383 regulations as stated in the hauler franchise agreement.
B.
Requirements
for Facility Operators and Community Composting Operations.
1.
Owners
of facilities, operations, and activities that recover organic waste,
including, but not limited to, compost facilities, in-vessel digestion
facilities, and publicly-owned treatment works shall, upon the city's
request, provide information regarding available and potential new
or expanded capacity at their facilities, operations, and activities,
including information about through-put and permitted capacity necessary
for planning purposes. Entities contacted by the city shall respond
within sixty days.
2.
Community
composting operators, upon the city's request, shall provide information
to the city to support organic waste capacity planning, including,
but not limited to, an estimate of the amount of organic waste anticipated
to be handled at the community composting operation. Entities contacted
by the city shall respond within sixty days.
(Ord. 1150 § 2, 2021)
A.
City
representatives and/or its designated entity, including 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, food recovery services, and food
recovery organizations, subject to applicable laws. This section does
not allow the city to enter the interior of a private residential
property for inspection.
B.
Regulated
entity shall provide or arrange for access during all inspections
(with the exception of residential property interiors) and shall cooperate
with the city's employee or its designated entity/designee during
such inspections and investigations. Such inspections and investigations
may include confirmation of proper placement of materials in containers,
edible food recovery activities, records, or any other requirement
of this chapter described herein. Failure to provide or arrange for:
(1) access to an entity's premises; or (2) access to records for any
inspection or investigation is a violation of this chapter and may
result in penalties described.
C.
Any
records obtained by the city during its inspections, and other reviews
shall be subject to the requirements and applicable disclosure exemptions
of the Public Records Act as set forth in Government Code Section
6250 et seq.
D.
City
representatives, its designated entity, and/or designee are authorized
to conduct any inspections, or other investigations as reasonably
necessary to further the goals of this chapter, subject to applicable
laws.
E.
The
city shall receive written complaints from persons regarding an entity
that may be potentially non-compliant with SB 1383 regulations, including
receipt of anonymous complaints.
(Ord. 1150 § 2, 2021)
A.
Violation
of any provision of this chapter shall constitute grounds for issuance
of a notice of violation and assessment of a fine by a city enforcement
officer or representative. Enforcement actions under this chapter
are issuance of an administrative citation and assessment of a fine.
The city's procedures on imposition of administrative fines are hereby
incorporated in their entirety, as modified from time to time, and
shall govern the imposition, enforcement, collection, and review of
administrative citations issued to enforce this chapter and any rule
or regulation adopted pursuant to this chapter, except as otherwise
indicated in this chapter.
B.
Other
remedies allowed by law may be used, including civil action or prosecution
as misdemeanor or infraction. The city may pursue civil actions in
the California courts to seek recovery of unpaid administrative citations.
The city may choose to delay court action until such time as a sufficiently
large number of violations, or cumulative size of violations exist
such that court action is a reasonable use of city staff and resources.
C.
Enforcement
pursuant to this chapter may be undertaken by the city's enforcement
officer or designated entity.
D.
Process
for Enforcement.
1.
The
city will monitor compliance with this chapter randomly and through
compliance reviews, route reviews, investigation of complaints, and
an inspection program.
2.
The
city may issue an official notification to notify regulated entities
of its obligations under this chapter.
3.
For
incidences of prohibited container contaminants found in containers,
the city will issue a notice of violation to any generator found to
have prohibited container contaminants in a container. Such notice
will be provided via cart tag or other communication if the city observes
prohibited container contaminants in a generator's container on more
than three consecutive occasion(s), the city may assess contamination
processing fees or penalties on the generator.
4.
The
city shall issue a notice of violation requiring compliance within
sixty 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 commence an action to impose penalties,
via an administrative citation and fine.
E.
The
penalty levels are as follows:
1.
For
a first violation, the amount of the base penalty shall be fifty dollars
to one hundred dollars per violation.
2.
For
a second violation, the amount of the base penalty shall be one hundred
dollars to two hundred dollars per violation.
3.
For
a third or subsequent violation, the amount of the base penalty shall
be two hundred fifty dollars to five hundred dollars per violation.
F.
Compliance
Deadline Extension Considerations. The city may extend the compliance
deadlines set forth in a notice of violation issued in accordance
with this section if it finds that there are extenuating circumstances
beyond the control of the respondent that make compliance within the
deadlines impracticable, including the following:
G.
Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with the city's procedures in the city's codes for appeals of administrative citations. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue an administrative order consistent with Section 8.16.290.
H.
Education
Period for Noncompliance. Beginning January 1, 2022 and through December
31, 2023, the city will conduct inspections, route reviews or waste
evaluations, and compliance reviews, depending upon the type of regulated
entity, to determine compliance, and if the city determines that organic
waste generator, hauler, tier one commercial edible food generator,
food recovery organization, food recovery service, or other entity
is not in compliance, it shall provide educational materials to the
entity describing its obligations under this chapter and a notice
that compliance is required by January 1, 2022, and that violations
may be subject to administrative civil penalties starting on January
1, 2024.
I.
Civil
Penalties for Noncompliance. Beginning January 1, 2024, if the city
determines that an organic waste generator, 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. 1150 § 2, 2021)
