The purpose of this chapter is to provide a uniform procedure, regulation and control for the collection and transportation of solid waste, discards, and recyclable commodities to a city designated disposal site, and to provide for the regulation and control of the collection and diversion of solid waste from disposal at landfills through recycling, composting, or transformation of recyclables, and related provisions, in order to protect the public peace, health, safety, and general welfare of the people of the city. The city has determined that storage, accumulation, collection and disposal of solid waste, as well as recyclable material, is a matter of public concern in that improper control of such matters creates a public nuisance, which may lead to air pollution, fire hazards, illegal dumping, vector breeding and infestation, and other problems affecting the health, safety and general welfare, of the residents of the city. Chapter 8.36, "Solid Waste," is enacted in order to protect public health, safety and well-being, to control the spread of vectors and to limit sources of air pollution, noise, and traffic within the city, and pursuant to the authority of article XI, Section 7 of the California Constitution, and the Public Resources Code, Title VIII, as they may be amended from time to time.
(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)
For the purposes of this chapter the following words and phrases shall have the meanings respectively defined as follows, unless it is apparent from the context that a different meaning is intended. Words and phrases not defined by this section or in this chapter shall have the meanings defined in Division 30, Part 1, Chapter 2 of the Public Resources Code, Sections 40000, et seq., and the regulations of the state of California, if defined therein, and if not, to the definitions found in the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Sections 6901, et seq., and the regulations implementing RCRA, as they may be amended from time to time. If the word is not defined within this chapter, or as specified above, the word shall be as defined elsewhere in the Moorpark Municipal Code; if the word is not defined in the Moorpark Municipal Code the word shall be used as defined in Webster's Unabridged Dictionary, latest edition, most appropriate context.
"AB 939" or "act"
means the California Integrated Waste Management Act of 1989, (sometimes referred to as "AB 939"), codified in part at Public Resources Code, Sections 40000 et seq., as it may be amended from time to time.
"Adequate service"
means the combination of the number of collections, number of containers, and the size of containers necessary so as not to cause the accumulation of solid waste to a level that exceeds the lowest top edge of the container and disallows the container lid to completely shut or causes the accumulation of solid waste outside of collection containers.
"Administrative authority"
means the city manager or person designated by the city manager to administer the provisions of this chapter.
"Agreement"
means the franchise agreement between the city and franchisee for the collection, recycling, processing and disposal of solid waste and construction and demolition material from residential and commercial premises in the city.
"Applicant"
means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for a permit, as defined in this chapter, and who is, therefore, responsible for meeting the requirements of this chapter.
"Basic level of service"
means, with respect to residential collection service, one collection of each residential solid waste container per week or that level of collection and disposal service necessary to provide for the collection of solid waste generated weekly by each residence as specified in the franchise agreement. Basic level of service means, with respect to commercial collection service, that level of collection and disposal service necessary to provide adequate service.
"Blue container,"
as of the effective date of the ordinance codified in this chapter, means with respect to existing containers for single-family residential premises containers that are gray in color with lids that are gray in color, and with respect to existing containers for multifamily and commercial premises, containers that are blue in color. At the end of the useful life of the existing containers or January 1, 2036, whichever comes first, "blue container" will have the same meaning as in 14 CCR Section 18982.(a)(5). A "blue container" shall be used for the purpose of storage and collection of source separated recyclable materials and source separated blue container organic waste.
"Bulky waste" or "bulky goods"
means solid waste that cannot and/or would not typically be accommodated within a residential solid waste container including, but not limited to, large and small household appliances, furniture, carpets, mattresses, white goods, tires, oversized yard waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length, and that do not exceed size or weight that can be moved by two persons and are discarded from residential premises in the city which a solid waste collector has agreed to collect.
"C&D"
means construction and demolition.
"C&D materials management plan" or "construction and demolition materials management plan" or "C&DMMP"
shall mean the plan described in Section 8.36.640.
"Cathode ray tube" or "CRT"
means the glass video display component of an electronic device (usually a television or computer monitor).
"CalRecycle"
means the California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on local jurisdictions.
"California Code of Regulations" or "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 Title 14 of CCR).
"Charges"
means the monetary amount permitted to be collected for solid waste collection, related services, and equipment rental and temporary bin service by a franchisee pursuant to a franchise under this chapter.
"City"
means the city of Moorpark, California, a municipal corporation.
"City manager"
means a person having that title in the employ of the city.
"City-sponsored project"
means a project constructed by the city or a project receiving 50% or more of its financing from the city.
"Civic solid waste containers"
means city-owned receptacles located in public areas for disposal of solid waste generated by the public.
"Code"
means the city of Moorpark Municipal Code.
"Collection"
means the act of collecting solid waste at or near the place of generation or accumulation, by a solid waste collector which has made arrangements with the person in charge of day-to-day activities or operations of the premises for the collection of solid waste.
"Collector"
means, depending upon the context in which used, either the city, another local agency, or an authorized franchisee, permittee, or licensee who collects solid waste.
"Commercial bin"
means a bin provided by a franchisee, between one and one-half (1.5) and 40 cubic yards in capacity, designed for the ongoing accumulation and collection of solid waste, and placed by a franchisee at a commercial premises.
"Commercial business" or "commercial"
means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.
"Commercial edible food generator"
includes a tier one or a tier two commercial edible food generator as defined in this section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).
"Commercial premises"
means all lots or portions of a lot in any zone of the city, other than residential premises (as identified in this chapter). The term "commercial premises" is a reference to location, zoning, and use, and not to ownership.
"Commercial solid waste"
means all types of solid waste, including organic waste, and recyclable solid waste, generated or accumulated at commercial premises and placed in commercial bins.
"Community composting"
means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined by 14 CCR Section 18982(a)(8).
"Compost"
has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this chapter, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
"Compostable plastics" or "compostable plastic"
means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
"Composting"
means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination.
"Construction"
means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.
"Construction and demolition material"
(C&D material) means the excess or discarded materials, which are removed from a site during or after the construction, renovation, remodeling, repair, deconstruction or demolition of any premise, structure, fence, wall, or paving project or from landscaping.
"Construction and demolition diversion security deposit" or "diversion security deposit"
means cash or a letter of credit in a form acceptable to the city manager, submitted to the city pursuant to Section 8.36.655 of this chapter.
"Construction and demolition facility"
means any city authorized solid waste disposal facility with the specific ability to accept and recycle or divert C&D material.
"Container"
means all collection containers provided by or accepted by the franchisee and approved by the city manager for collection of solid waste, recyclable solid waste, organic waste, and C&D material from residential premises and commercial premises.
"Container contamination" or "contaminated container"
means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
"Conversion rate"
means the rate set forth in the standardized conversion rate table approved by the city pursuant to this chapter for use in estimating the volume or weight of C&D material, approved by the state.
"Covered project"
means any project for which a city building permit is required that consists of demolition work regardless of cost, or any new construction project valued over $500,000 or any renovation/tenant improvement project valued over $100,000, and all city sponsored demolition, construction, or renovation projects regardless of cost.
"Deconstruction"
means the careful disassembling of facilities, buildings or structures, whether in whole or in part, whether interior or exterior, in order to salvage as much material as possible.
"Demolition"
means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, wall, fence, pavement or building, whether in whole or in part, whether interior or exterior.
"Designee"
means an entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
"Disposal"
means the management of refuse through landfill deposit or transformation at solid waste facilities permitted under applicable law.
"Diversion requirement"
means the diversion of at least 65% of the total construction and demolition material generated by a covered project, including inert waste and that construction and demolition material is removed from the solid waste stream and not disposed of in a solid waste landfill, unless the applicant has been granted an exemption pursuant to Section 8.36.685 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the administrative authority in relation to the project.
"Divert" or "diversion"
means activities which reduce or eliminate the amount of solid waste material disposed of in a landfill or transformation facility. See Public Resources Code Section 40124 as it may be amended from time to time.
"Edible food"
means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
"Electronic waste."
See "universal waste."
"Enforcement action"
means an action of the city to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
"Excluded waste"
means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in city's or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
"Food distributor"
means a company that distributes food to entities, including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
"Food facility"
has the same meaning as in Section 113789 of the Health and Safety Code.
"Food recovery"
means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
"Food recovery organization"
means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. 
A food bank as defined in Section 113783 of the Health and Safety Code;
2. 
A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and
3. 
A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
"Food recovery service"
means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
"Food service provider"
means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
"Food-soiled paper"
is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
"Food waste"
means solid, semisolid, and liquid food, such as, fruit, vegetables, cheese, meat, bones, poultry, seafood, bread, rice, pasta, and oils; coffee grounds and filters and tea bags; cut flowers and herbs; and any putrescible matter produced from human or animal food production, preparation, and consumption activities. Food waste includes food-soiled paper and compostable plastics, as defined herein.
"Franchise"
means the right and privilege granted by the city: (1) to make arrangements for the collection of and to collect solid waste; (2) to transport solid waste to landfills, transformation facilities, compostable materials facilities, and organic waste facilities; and/or (3) to process and recycle solid waste collected within the city.
"Franchisee"
means a solid waste collector designated as a franchisee pursuant to a franchise by the city council authorizing the solid waste collector to provide solid waste services within the city.
"Generator"
means any person or other entity which produces solid waste.
"Gray container,"
as of the effective date of the ordinance codified in this chapter, means with respect to existing containers for single-family residential premises containers that are blue in color with lids that are blue in color, and with respect to existing containers for multifamily and commercial premises, containers that are green in color. At the end of the useful life of the existing containers or January 1, 2036, whichever comes first, "gray container" will have the same meaning as in 14 CCR Section 18982(a)(28). A "gray container" shall be used for the purpose of storage and collection of gray container waste.
"Gray container waste"
means solid waste that is collected in a gray container that is part of the city's three container organic waste collection service that prohibits the placement 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).
"Green container,"
as of the effective date of the ordinance codified in this chapter, means with respect to existing containers for single-family residential premises containers that are green in color with lids that are green in color, and with respect to existing containers for multifamily and commercial premises, containers that are green in color. At the end of the useful life of the existing containers or January 1, 2036, whichever comes first, "green container" will have the same meaning as in 14 CCR Section 18982(a)(29). A "green container" shall be used for the purpose of storage and collection of source separated green container organic waste.
"Green waste"
(sometimes referred to as yard waste or yard trimmings) means a form of solid waste composed of leaves, grass clippings, brush, branches and other forms of organic matter generated from landscapes and gardens, separated from other forms of solid waste, and scrap lumber. "Green waste" also includes holiday trees, including, but not limited to, un-flocked, bare holiday trees and bushes. "Green waste" does not include stumps or branches exceeding six inches in diameter or four feet in length or scrap lumber which does not fit into a green waste container, nor does it include highly invasive plant material such as yucca, cactus, bamboo; palm fronds; succulents; treated or painted lumber; and other materials that are not suitable for composting.
"Grocery store"
means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
"Hazardous waste"
means any waste materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Sections 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Sections 9601 et seq., or the Carpenter-Presley-Tanner Hazardous Substance Account Act, ("HSAA"), California Health and Safety Code Sections 25300, et seq., as they may be amended from time to time, or as defined by the state. If there is conflict in the definitions employed by two or more agencies having jurisdiction over hazardous waste or solid waste, the term "hazardous waste" will be construed to have the broader, more encompassing definition.
"High diversion organic waste processing facility"
means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022 and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
"Industrial waste"
means solid, semi-solid, liquid or gaseous, unwanted or residual materials, not including hazardous or biodegradable waste, from an industrial operation including wastes produced in large quantities from factories, industrial plants, and mining operations.
"Impound" or "impoundment"
means the removal and storage of a container, bin, drop-off box or any other receptacle.
"Inert waste"
shall have the meaning ascribed by Public Resources Code Section 41821.3(a)(1), as it may be amended from time to time.
"Inspection"
means a site visit where the city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
"Integrated waste management services"
means managing waste by multiple techniques to achieve solid waste and resource conservation goals. The techniques may include, but are not limited to, waste reduction, reuse, recycling, composting, transformation, disposal to landfills, and other means.
"Large event"
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 2,000 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.
"Large venue"
means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 1 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.
"Liquid waste"
means liquid material, including, but not limited to, oil, harmful solvents, antifreeze, and paints, as well as liquid that may reside in solid waste or green waste and seep from said material.
"Local education agency"
means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
"Medical waste"
means waste capable of producing an infection or pertaining or characterized by the presence of pathogens, includes, but is not limited to, syringes, needles, lancets, vials, soiled medical clothing or sheets.
"Medication waste"
means items intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals. Medication waste is synonymous with drug waste, pharmaceutical waste, unused or expired medication, unused or expired drugs, prescription and over-the-counter human drugs, veterinary drugs, diagnostic agents, and nutritional supplements.
"Mixed waste organic collection stream" or "mixed waste"
means organic waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).
"Multifamily residential dwelling" or "multifamily"
means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
"Non-compostable paper"
includes but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
"Non-local entity"
means the following entities that are not subject to the city's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
1. 
Special district(s) located within the boundaries of the city.
2. 
Federal facilities, including military installations, located within the boundaries of the city.
3. 
Prison(s) located within the boundaries of the city.
4. 
Facilities operated by the State Park system located within the boundaries of the city.
5. 
Public universities (including community colleges) located within the boundaries of the city.
6. 
County fairgrounds located within the boundaries of the city.
7. 
State agencies located within the boundaries of the city.
"Non-organic recyclables"
means non-putrescible and non-hazardous recyclable solid wastes, including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
"NPDES"
means the National Pollutant Discharge Elimination System permit currently active and in effect in the city.
"Organics" or "organic waste"
means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food waste, green waste, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
"Organic waste generator"
means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
"Paper products"
include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
"Permittee"
means a person or an entity that is issued a self-haul exemption permit under this chapter.
"Post-consumer material"
as defined in Public Contract Code Section 12200(b), as it may be amended from time to time, means a finished material which would have been disposed of as a solid waste, having completed its life cycle as a consumer item, and does not include manufacturing wastes. Post-consumer material is generally any product that was bought by the consumer, used, and then recycled into another product.
"Printing and writing paper(s)"
include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
"Processing"
means the reduction, separation, recovery, conversion or recycling of solid waste.
"Prohibited container contaminants"
means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container; (2) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container; (3) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in city's green container and/or blue container; and (4) excluded waste or special waste placed in any container.
"Project"
means any activity for which a building, demolition, grading or other similar permit is required. See also "covered project."
"Recovery"
means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
"Recyclable material"
means an item, or items, that has commercial value and that is sold for compensation or donated to an entity other than a solid waste collector. Recyclable materials are commodities and therefore not part of the waste stream. Recyclable materials lose their character as recyclable materials upon being disposed of in the waste stream, thereby becoming solid waste subject to this chapter.
"Recyclable solid waste"
means a form of solid waste designated as a recyclable solid waste by the city, the state, or any other agency with jurisdiction and which has been separated by a solid waste service recipient from non-recyclable solid waste.
"Recycling"
means the process of collecting, sorting, cleansing, treating and reconstituting or otherwise processing materials that would otherwise be disposed of as solid waste, and returning them to 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.
"Refuse."
See "solid waste."
"Remote monitoring"
means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
"Renovation"
means any change, addition or modification in an existing structure that requires a building permit or demolition permit but does not include a project limited to interior plumbing work, electrical work, or mechanical work.
"Residential premises"
means all lots or parcels in the city designed or zoned for residential purposes, excluding premises with multifamily structures of five or more units.
"Residential solid waste"
means all types of solid waste, including organic waste, green waste and recyclable solid waste, generated or accumulated at residential premises and placed in residential containers for accumulation and collection.
"Restaurant"
means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
"Reuse"
means further or repeated use of C&D materials, inert waste, or other solid waste therefore diverting the material from disposal in a landfill. Reuse includes the use, in the same or similar form as it was produced, of a material that might otherwise be discarded.
"Salvage"
means the controlled removal of C&D material from a permitted construction or demolition site for the purposes of recycling, reuse, or temporary storage for later recycling or reuse.
"SB 1383"
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.
"SB 1383 regulations"
means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
"Self-hauler"
means a person, who hauls solid waste, including green waste, organic waste, or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
"Single-family"
means of, from, or pertaining to any residential premises with fewer than five units.
"Solid waste"
has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes, with the exception that solid waste does not include any of the following wastes:
1. 
Hazardous waste, as defined in the State Public Resources Code Section 40141.
2. 
Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
3. 
Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code. Recyclable solid waste is considered solid waste for purposes of this chapter if it is disposed of in the solid waste stream and not separated out as recyclable material. The term "refuse" shall be synonymous with the term "solid waste" in this chapter.
"Source separated"
means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection and processing.
"Source separated blue container organic waste"
means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
"Source separated green container organic waste"
means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.
"Source separated recyclable materials"
means source separated non-organic recyclables and source separated blue container organic waste.
"Special waste"
means, but is not limited to, flammable waste; containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.); waste transported in a bulk tanker; liquid waste; sewage sludge; waste from a pollution control process; residue and debris from the cleanup of a spill or release of chemical substances, or commercial products; contaminated soil, waste, residue, debris, and articles from the cleanup of a site or facility formerly used for generation, storage, treatment, recycling or reclamation; dead animals; wastewater; explosive substances; radioactive materials; materials which have been exposed to highly infectious or contagious diseases; hazardous materials; and hazardous waste.
"State"
means the state of California.
"Supermarket"
means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
"Temporary bin"
means a collection container of no less than one and one-half (1.5) cubic yards in capacity and no greater than 40 cubic yards in capacity provided by or accepted by a franchisee, licensee or permittee and approved by the city for temporary collection of solid waste, recyclable solid waste, green waste, and C&D material from residential premises and commercial premises.
"Tier one commercial edible food generator"
means a commercial edible food generator that is one of the following:
1. 
Supermarket.
2. 
Grocery store with a total facility size equal to or greater than 10,000 square feet.
3. 
Food service provider.
4. 
Food distributor.
5. 
Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.
"Tier two commercial edible food generator"
means a commercial edible food generator that is one of the following:
1. 
Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2. 
Hotel with an on-site food facility and 200 or more rooms.
3. 
Health facility with an on-site food facility and 100 or more beds.
4. 
Large venue.
5. 
Large event.
6. 
A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
7. 
A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.
"Transformation"
means incineration, pyrolysis, distillation, gasification, or biological conversion other than composting.
"Universal waste"
means universal waste electronic devices (UWEDs), cathode ray tubes (CRTs) and other universal wastes as defined by the California Department of Toxic Substances Control or a successor agency, including, but not limited to, non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries, mercury thermometers, and mercury containing switches.
"Waste management plan"
means a plan for reducing and managing waste for a large event or large venue, submitted to the administrative authority for review in compliance with this chapter.
"White goods"
means discarded household appliances that have been historically, but may or may not be, enameled, such as refrigerators, freezers, stoves, washer/dryers, dishwashers, water heaters, and other similar items.
"Wholesale food vendor"
means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
(Ord. 394 § 1, 2010; Ord. 478 § 2, 2020)
A. 
No person may store, accumulate, or maintain any solid waste on any commercial or residential premises, unless such solid waste was generated by a lawful use located on such premises. The storage and accumulation of solid waste on any premises permitted under this code may be temporary only, and only at such locations as are permitted by this code. Except as expressly provided in this chapter, solid waste must be stored in a container in accordance with this chapter, must be kept free of all hazardous materials, excluded wastes and special wastes, and must be placed for collection at the next regularly scheduled collection date for the premises, following the generation and accumulation of such solid waste or otherwise removed lawfully from the premises prior to the next regularly scheduled collection date for the premises.
B. 
No person may place, or cause to be placed, solid waste in any container located on any sidewalk, street, roadway, alley or driveway or upon any commercial or residential premises, whether public or private other than real property owned or leased by such person nor set out or cause to be set out for collection any solid waste other than solid waste originating on their commercial or residential premises.
C. 
No person shall accumulate, keep or deposit any solid waste in such a manner that a public nuisance is created, including, but not limited to, allowing flies, mosquitoes, rodents, or any other vectors to breed or inhabit therein.
D. 
Upon placement of solid waste from a residential premises at a designated collection location, or placement of solid waste from a commercial premises in a container provided by an authorized franchisee or solid waste collector for collection of solid waste, the solid waste becomes the property of the franchisee or solid waste collector.
(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)
In order to protect public health, safety and well-being, to control the spread of vectors, and to limit sources of air pollution, noise and traffic within the city and pursuant to California Public Resource Code Section 40059, as it may be amended from time to time, or any successor provision or provisions thereto, the city shall have, and hereby retains, the authority to issue permits or licenses or enter into agreements, including exclusive permits and agreements, for solid waste collection services as provided by this chapter and with the terms and conditions imposed by the city council. The city council may grant one or more exclusive solid waste franchises to one or more solid waste enterprises to make arrangements with the persons in charge of day-to-day activities or operations at commercial and residential premises in the city for the collection, transfer, recycling, composting and disposal of solid waste within and throughout the city.
A. 
A solid waste enterprise which arranges for the collection of solid wastes shall make arrangements with its customers specifying the manner in which integrated waste management services are to be provided, subject to the terms of its solid waste franchise, as well as to the city's exercise of its police powers to protect public health, safety and well-being and to limit the spread of vectors and limit sources of noise and air pollution within the city by prohibiting the collection of solid waste between certain hours and on certain holidays.
B. 
In order to carry out its duties to plan for the management of vehicular traffic and mitigate adverse air quality effects, the city council may determine solid waste management collection categories, including, but not limited to, residential, multifamily residential, commercial, industrial, C&D material, temporary bin and roll-off box, special event, large event, electronic waste, universal waste, medical waste, household hazardous waste, recyclable material, green waste, food waste, organics, medication waste, compostable material, food-soiled paper, and others and may make or impose solid waste franchise, license, contract or permit requirements which vary for such categories.
C. 
The city shall have the ability to provide for or furnish integrated waste management services relating to collection, transfer, processing and disposal of solid waste, including, but not limited to, discards, C&D material, recyclable material, recyclable solid waste, organic waste, green waste, food waste, and hazardous waste within and throughout the city. Such services may be furnished by any one of or any combination of the following: (1) city officers and employees; (2) contractors franchised, permitted or licensed by the city; or (3) agreement with another local agency.
(Ord. 394 § 1, 2010; Ord. 478 § 3, 2020; Ord. 495 § 1, 2021)
A. 
Except as expressly provided in subsection B of this section, no person(s) may collect or transport solid waste, recyclable material, organic waste or green waste from any location within the city unless such person(s) is an authorized, franchised, licensed or permitted solid waste collector or has a self-haul exemption permit from the city. It is unlawful for any person(s) to permit or enter into any agreement for the collection or transportation of solid waste, organic waste, or green waste with any person who is not a franchised, licensed, or permitted solid waste collector.
B. 
The collection and transportation of the following types of solid waste under the circumstances indicated are exempt from the provisions of subsection A of this section.
1. 
C&D material removed from the premises by a licensed contractor with a valid Moorpark business registration and any necessary permits, using their own employees and equipment as an incidental part of a total service provided by the contractor and abiding by the provisions of this chapter, including Article VI, and Section 8.36.090 of this chapter, and 14 CCR Sections 18988.1 and 18989.1.
2. 
Green waste generated by an agricultural use on a lot where such use is permitted pursuant to applicable provisions of the Moorpark Municipal Code.
3. 
Hazardous waste or medical waste.
4. 
Recyclable materials generated on a commercial or residential premises that are separated or caused to be separated from solid waste by the responsible person for such premise, and sold or donated by said person.
5. 
Solid waste removed by a city officer, employee, or agent in the course of official duty.
6. 
Waste that is the byproduct of sewage treatment.
7. 
Green waste removed from the premises by gardening, landscaping, or tree trimming licensed enterprise with a valid Moorpark business registration and any necessary permits performing work within the scope of performed work permitted by their license.
C. 
All solid waste collected in the city under subsection B of this section must be transported to a materials handling, recovery, transfer, or disposal facility, or other site permitted by the state in accordance with all applicable laws and regulations or reused.
(Ord. 394 § 1, 2010; Ord. 478 § 4, 2020; Ord. 495 § 1, 2021)
In order to protect the public health, safety, and well-being and to prevent the spread of vectors, the person responsible for the day-to-day activities or operations of each residential premises and each commercial premises within the city at which solid waste is generated or accumulated shall either make arrangements with a solid waste enterprise for the collection of solid waste, as set forth in this chapter, or obtain an exemption or self-haul permit from the administrative authority, as provided for in Section 8.36.045 and then to implement measures to reach the diversion and other goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended from time to time, and the SB 1383 Regulations. If the administrative authority determines that the person in charge of day-to-day activities or operations at any residential or commercial premises has failed to subscribe for collection service as required by this chapter, a written notice may be sent informing the violation and requirements of this chapter. If the person responsible for day-to-day activities or operations does not subscribe to service within 72 hours of the notice, or obtain an exemption per Section 8.36.045, the person is in violation of this chapter.
(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)
The person responsible for day-to-day activities or operations at each premises may apply to the city for an exemption from subscribing to solid waste collection service pursuant to this chapter. This person would be required to obtain a solid waste self-haul permit per article VII of this chapter, and if approved for an exemption, is required to submit reports to the administrative authority identifying the disposition of all generated solid waste, by amount and location, demonstrating that a minimum of 50% of the solid waste generated was diverted from landfill disposal, and demonstrating that all material was handled in accordance with applicable law. Self-haulers shall comply with the requirements of Article VII of this chapter.
(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)
The administrative authority may make the final determination as to where containers shall be located for collection and storage, and the proper service level, including number and size of containers and frequency of solid waste collection. Prior to, or absent alternative direction from the administrative authority, customers and solid waste enterprises may select service levels and container locations.
(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)
A. 
Each collector must provide and maintain containers for the temporary storage and disposal of solid waste for both commercial and residential customers of the collector pursuant to the terms this chapter, the SB 1383 Regulations, and any franchise.
B. 
Containers must be constructed of metal, plastic, or other material approved by the city manager and residential containers must possess a fire resistant lid, which shall be utilized at all times. All bins must be rented or purchased by the person responsible for day-to-day activities or operations at each commercial and residential premises from collector.
C. 
Containers must be capable of holding without spilling, leaking or emitting excessive odors, all solid waste which would ordinarily accumulate on the premises between successive collections. The size of containers must be consistent with city regulations or the provisions of the applicable franchise agreement.
D. 
The person responsible for day-to-day activities or operations for each commercial and residential premises must maintain solid waste containers in a clean, safe and sanitary condition.
(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)
A. 
No person may place or cause to be placed for collection solid waste or any container containing solid waste or any bulky item, at any place or in any manner other than specified in this chapter or franchise agreement.
B. 
Any container or bulky item permitted to be placed for collection adjacent to a street must be placed behind but as close to the curbline or the street right-of-way line as practicable. Any such container, bulky item, or solid waste material permitted to be placed for collection adjacent to an alley must be placed on the premises as close to the property line as practicable. At no time may containers be placed on a sidewalk, either public or private.
C. 
No person may place a container or bulky item adjacent to a street, alley, or public right-of-way before five-thirty (5:30) p.m. on the day before the collection day set by the collector. All containers and bulky items permitted to be placed for collection must be placed in a proper collection location before seven (7:00) a.m. on the day of collection.
D. 
After the collection of solid waste, each container must be promptly removed no later than ten (10:00) p.m. on the day of collection and returned to a location on the premises where the container cannot be viewed from the street and that is screened from public view. No container shall be stored on a premises side yard that abuts any public street or in any premises front yard.
E. 
No container shall be placed on any public right-of-way other than on collection days without an encroachment permit having been obtained from the city pursuant to the code.
(Ord. 394 § 1, 2010; Ord. 478 § 5, 2020; Ord. 495 § 1, 2021)
A. 
Upon placement of recyclable materials and/or recyclable solid waste from a residential premises at a designated collection location, or placement of recyclable materials and/or recyclable solid waste in a container provided by a solid waste collector for collection of recyclable materials and/or solid waste at a commercial premises, the recyclable materials become the property of the solid waste collector by operation of state law. See Public Resources Code Section 41950(c) as it may be amended from time to time.
B. 
The recycling or disposal of any recyclable material which has become part of the solid waste stream by having been discarded shall be in accordance with the provisions of this chapter.
C. 
Except as provided below, nothing in this chapter shall limit the right of any person responsible for the day-to-day activities or operations at all premises, to sell recyclable material owned by that person, or to donate recyclable material to a charity or any other entity other than a collector.
D. 
If the person responsible for day-to-day activities or operations sells or donates recyclable material, pays the buyer or the donee any consideration for collecting, processing, recycling, transporting, or disposing of the recyclable material, the transaction shall not be regarded as a sale or donation of recyclable material, but as an arrangement for the disposal of solid waste and shall be subject to this chapter.
(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)
Green waste shall be cut into pieces not to exceed four feet in length and six inches in diameter before being placed out for collection in a container. Green waste shall be placed in containers designated for the collection of green waste. Green waste shall not be contaminated with other forms of solid waste or hazardous waste. No person shall mix green waste with other forms of solid waste, nor contaminate green waste with any other substance, unless specifically permitted by the city or a solid waste franchisee.
(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)
The provisions of this chapter do not prohibit an individual or entity from composting green waste material as long as the compost pile, compost bin, or compost container is not visible from the street and conforms to applicable zoning and state regulations.
(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)
A. 
Requirements for Single-Family Organic Waste Generators.
1. 
Single-family organic waste generators, except single-family generators that meet the self-hauler requirements of article VII of this chapter shall:
a. 
Subscribe to city's organic waste collection services for all organic waste generated as described below in Section 8.36.090(A)(1)(b). The city shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, single-family generators shall adjust their service level for their 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. 
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. 
Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
B. 
Requirements for Commercial Businesses, Including Multifamily Residential Dwellings.
1. 
Generators that are commercial businesses, including multifamily residential dwellings, except commercial businesses that meet the self-hauler requirements in Article VII of this chapter shall:
a. 
Subscribe to city's three container collection services and comply with requirements of those services as described below in subsection (B)(1)(b) of this section. The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses 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 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. A 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 (B)(1)(d)(ii)(A) and (B)(1)(d)(ii)(B) below for employees, contractors, tenants, and customers, consistent with the city's blue container, green container, and gray container collection service.
d. 
Except for 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 need not be provided in restrooms.
i. 
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.
ii. 
Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(A) 
A body or lid that conforms with the container colors provided through the collection service provided by the city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(B) 
Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
e. 
Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirement in subsection (B)(1)(d) above pursuant to 14 CCR Section 18984.9(b).
f. 
To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's blue container, green container, and gray container collection service; or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Article VII of this chapter.
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) at least once per week unless otherwise specified, in writing, by the city.
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 14 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 city or its agent(s) to their properties during all inspections conducted in accordance with Section 8.36.840 of this chapter to confirm compliance with the requirements of this chapter.
k. 
Accommodate and cooperate with city's remote monitoring program, if applicable, for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with subsection B of this section. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.
l. 
If a commercial business wants to self-haul, meet the self-hauler requirements in Article VII of this chapter.
m. 
Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
n. 
Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.36.090(D).
C. 
Waivers for Generators.
1. 
De Minimis Waivers: The city may waive a commercial business' obligation (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection (C)(1)(b) below. Commercial businesses requesting a de minimis waiver shall:
a. 
Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (C)(1)(b) below.
b. 
Provide documentation that either:
i. 
The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business' total waste; or
ii. 
The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per applicable container of the business' total waste.
c. 
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.
d. 
Provide written verification of eligibility for de minimis waiver every five years, if the city has approved de minimis waiver.
2. 
Physical Space Waivers. The city may waive a commercial business' or property owner's obligations (including multifamily residential dwellings) to comply with some or all of the source separated recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of Section 8.36.090(A), (B), and (C).
A commercial business or property owner may request a physical space waiver through the following process:
a. 
Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
b. 
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.
c. 
Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has approved application for a physical space waiver.
3. 
Collection Frequency Waiver.
a. 
The city, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the city's three container organic waste collection service to arrange for the collection of their blue container, gray container, food waste container or any combination once every 14 days, rather than once per week.
D. 
Requirements for Edible Food Generators.
1. 
Tier one commercial edible food generators must comply with the requirements of this section, 8.36.090(D), commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
2. 
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.
3. 
Commercial edible food generators shall comply with the following requirements:
a. 
Arrange to recover the maximum amount of edible food that would otherwise be disposed;
b. 
Contract with, or enter into a written agreement with food recovery organizations or food recovery services for:
i. 
The collection of edible food for food recovery, or
ii. 
Acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery;
c. 
Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service;
d. 
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;
e. 
Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
i. 
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),
ii. 
A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b),
iii. 
A record of the following information for each of those food recovery services or food recovery organizations:
(A) 
The name, address and contact information of the food recovery service or food recovery organization,
(B) 
The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization,
(C) 
The established frequency that food will be collected or self-hauled,
(D) 
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;
f. 
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).
E. 
Food Recovery Services.
1. 
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):
a. 
The name, address, and contact information for each commercial edible food generator from which the service collects edible food;
b. 
The quantity in pounds of edible food collected from each commercial edible food generator per month;
c. 
The quantity in pounds of edible food transported to each food recovery organization per month;
d. 
The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
2. 
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):
a. 
The name, address, and contact information for each commercial edible food generator from which the organization receives edible food;
b. 
The quantity in pounds of edible food received from each commercial edible food generator per month;
c. 
The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
3. 
Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than January 1 of each year unless the city specifies, in writing, a different date.
4. 
Food Recovery Capacity Planning.
a. 
In order to support edible food recovery capacity planning assessments or other studies conducted by the County of Ventura, the city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the jurisdiction shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city.
F. 
Requirements for Haulers and Facility Operators.
1. 
Franchised waste haulers, providing residential, commercial, or industrial organic waste collection services to generators within the city's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:
a. 
Through written notice to the city annually on or before January 1, commencing January 1, 2022, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, source separated green container organic waste, and food waste;
b. 
Transport source separated recyclable materials, source separated green container organic waste, and food waste and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, article 2;
c. 
Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, subsection G of this section, including article VI of this chapter.
2. 
Franchised waste haulers authorized to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with the city.
G. 
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 throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.
2. 
Community composing 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 60 days.
H. 
Compliance with CALGreen Recycling Requirements.
In addition to any other requirements of this chapter, the following requirements also apply:
1. 
For projects covered by the California Green Building Standards Code, 24 CCR, Part 11, the applicants must, as a condition of the city's permit approval, comply with the following:
a. 
Where five or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three container collection program offered by the city, or comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.
b. 
Where new commercial construction or additions will result in more than 30% of the floor area, provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three container collection program offered by the city, or shall comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.
2. 
For organic waste commingled with construction and demolition material, the requirements of 24 CCR Sections 4.408.1 and 5.408.1, as amended July 1, 2019 and effective January 1, 2020 shall be complied with.
(Ord. 478 § 6, 2020; Ord. 485 § 1, 2020; Ord. 495 § 1, 2021)