For purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means generating and transporting organic waste to a destination
owned and operated by the generator using the generator's own employees
and equipment.
means a receptacle for solid waste, with a separate receptacle
for the type and volume of solid waste, including, but not limited
to, a receptacle for refuse, a receptacle for recyclable materials
and a receptacle for organic waste (as defined below), which is provided
to premises by the city, and which is dumped and left at the premises.
means the city of Manteca.
means the act of collecting solid waste at the place of waste
generation and transporting such refuse to the point of disposal.
means the California Code of Regulations.
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 this chapter.
means a customer at premises operated as a commercial (non-manufacturing)
enterprise.
includes a tier one or a tier two commercial edible food generator as defined in Section 13.02.010 of this chapter or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For 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).
means a review of records by a jurisdiction to determine
compliance with this chapter and has the same meaning as in 14 CCR
Section 17896.2(a)(4), which stated, as of the effective date of this
chapter, that "compost" means the product resulting from the controlled
biological decomposition of organic solid wastes that are source separated
from the municipal solid waste stream, or which are separated at a
centralized facility.
means plastic materials that meet the ASTM D6400 standard
for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A)
or 18984.2(a)(1)(C).
means any receptacle for solid waste, which is approved for
use by the city, and which is dumped and left at the premises. The
term "container" includes a cart or bin.
means a container, regardless of color, that contains prohibited
container contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
means the person or entity whose name appears on the city's
records as the person or entity who is obligated to pay for solid
waste collection service for the premises.
means the director of public works of the city of Manteca
or designee.
means construction and demolition debris.
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.
means unsold or unserved food that is fit for human consumption,
even though the food may not be readily marketable due to appearance,
age, freshness, grade, size, surplus, or other conditions. For the
purposes of these regulations, "edible food" is not solid waste if
it is recovered and not discarded.
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.
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, consistent with
the Manteca Municipal Code.
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 the
city, 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 the 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.
Excluded waste does not include used motor oil and filters, household
batteries, universal wastes, and/or latex paint when such materials
are defined as allowable materials for collection through the city's
collection programs and the generator or customer has properly placed
the materials for collection pursuant to instructions provided by
city or its designee for collection services.
means a company that distributes food to entities, including,
but not limited to, super-markets and grocery stores, or as otherwise
defined in 14 CCR Section 18982(a)(22).
has the same meaning as in Section 113789 of the Health and
Safety Code.
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:
A food bank as defined in Section 113783 of the Health and Safety
Code:
A nonprofit charitable organization as defined in Section 113841
of the Health and Safety code; and
A nonprofit charitable temporary food facility as defined in
Part 7 of Division 1, 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.
means actions to acquire collect and distribute food for
human consumption which otherwise would be disposed.
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).
means all food such as, but not limited to, fruits, vegetables,
meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread,
cheese, and eggshells. Food scraps excludes fats, oils, and grease
when such materials are source separated from other food scraps.
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).
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.
means 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 gray
container waste.
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 green container organic waste.
means refuse consisting of grass, leaves, wood chips, green
plants, weeds, tree branches, garden trimmings, and other forms of
organic materials generated from landscapes or gardens.
means a store primarily engaged in the retail sale of canned
food, dry goods, fresh fruits and vegetables, fresh meats, fish, poultry,
and any area that is not separately owned within the store where 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).
means the designated itinerary or sequence of stops for each
segment of the city's collection service area, or as otherwise defined
in 14 CCR Section 18982(a)(31.5).
means the duly appointed representative of the San Joaquin
County Environmental Health Department.
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).
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, 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 this chapter and implementation of 14 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.
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).
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.
refers to the Model Water Efficient Landscape Ordinance (MWELO),
23 CCR, Division 2, Chapter 2.7.
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).
means the entities that are not subject to the jurisdiction's
enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42).
means non-putrescible and non-hazardous recyclable wastes,
including, but not limited to, bottles, cans, metals, plastics, and
glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
means solid wastes containing material originated from living
organisms and their metabolic waste products, including, but not limited
to, food, green, material, landscape and pruning waste, organic textiles
and carpets, 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).
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).
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).
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).
means a building or part of a building which houses a specific
use. Each individual place or residence or business shall be considered
a premises.
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 placed in any container.
means products made from California, landfill-diverted recovered
organic waste processed in a permitted or otherwise authorized facility,
or as otherwise defined in 14 CCR Section 18982(a)(60).
means those materials that are a product of construction
and demolition that are suitable for recycling, as established by
the rules and regulations of the director, including, but not limited
to, concrete, asphalt, clean wood waste, brick, and scrap metal.
means those materials that are suitable for recycling, as
established by the rules and regulations of the director.
means paper products and printing and writing paper that
consists of at least thirty percent, by fiber weight, postconsumer
fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
means all matter and materials which are rejected by the
owners or products thereof as offensive or useless, or which by their
presence and accumulation may injuriously affect the health, comfort,
safety or public welfare of the community, or constitute a disease,
fire or other hazard to the community, and it shall include garbage,
wet garbage, green waste, organic waste, food waste, or any matter
or materials deemed refuse by the director.
means regional agency as defined in Public Resources Code
Section 40181.
means a regional or county agency enforcement official, designated
by the city with responsibility for enforcing this chapter in conjunction
or consultation with the city enforcement official.
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.
means a customer at a residential premises, including single-family
and multi-family dwellings.
for purposes of this section only, means 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).
means a visual inspection of containers along a hauler route
for the purpose of determining container contamination, and may include
mechanical inspection methods such as the use of cameras, or as otherwise
defined in 14 CCR Section 18982(a)(65).
means Senate Bill 1383 of 2016, as 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 a person who hauls solid 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).
means of, from, or pertaining to any residential premises
with fewer than five units.
as used in this section, means refuse and recyclable materials
and 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:
Hazardous waste, as defined in the State Public Resources Code
Section 40141.
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).
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.
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 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
such that source separated materials are separated from gray container
waste or other solid waste for the purposes of collection and processing.
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).
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.
means the State of California.
means a full-line, self-service retail store with gross annual
sales of two million dollars or more, and which sells a line of dry
grocery, canned goods, or non-food items and some perishable items,
or as otherwise defined in 14 CCR Section 18982(a)(71).
means a commercial edible food generator that is one of the
following:
means a commercial edible food generator that is one of the
following:
Restaurant with two hundred fifty or more seats, or a total
facility size equal to or greater than 5,000 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.
as used in this section, means a business or establishment
engaged in the merchant wholesale distribution of food, where food,
including fruits and vegetables, is received, shipped, stored, and
prepared for distribution to a retailer, warehouse, distributor, or
other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
(Ord. 1599 § 2, 2016; Ord. O2022-09 § 1)
The director shall establish rules and regulations, not inconsistent
with this chapter, governing the collection, transportation and disposal
of solid waste.
(Ord. 1599 § 2, 2016)
Every person owning or occupying residential or commercial premises
within the city limits shall utilize the solid waste collection services
of the city and shall pay the charges for those services as established
by the city council. Each owner or occupier of residential or commercial
property shall directly arrange with the city for the provision of
solid waste collection services.
Every commercial or residential dwelling unit shall subscribe
to the solid waste collection services of the city and shall pay the
charges for those services unless otherwise provided by the director.
(Ord. 1599 § 2, 2016)
A.
The
city has the exclusive right and duty to provide solid waste collection
services within the city limits, under such terms and conditions as
it deems necessary for the public health, safety and well-being. This
provision shall not be construed to prevent residential customers
from hauling occasional loads of solid waste from their own premises
to a legal point of disposal.
B.
The
city is not required to provide collection services for oversized,
overweight or unsafe containers, hazardous waste, or any waste where
the director deems it unsafe to do so.
C.
The
city's solid waste collection service is a containerized service,
which means that the city provides for collection of solid waste with
mechanical handling containers, which are furnished by the city.
D.
Any
solid waste deposited, kept, accumulated or permitted to accumulate
within the city shall be in a container, the covers to which shall
be kept closed at all times except when necessarily opened to permit
solid waste to be taken therefrom or to be deposited therein.
E.
Solid
waste shall be collected on a schedule fixed by the director, and
the schedule may be changed from time to time as deemed necessary
or useful.
(Ord. 1599 § 2, 2016)
A.
Each
customer shall pay charges for services related to solid waste collection.
The amounts of the charges shall be the amounts which the city council
from time to time may determine and establish.
B.
Each
new residential dwelling unit or newly constructed commercial unit
initiating solid waste collection service shall pay a service initiation
cost recovery charge in the amount which the city council may determine
and establish from time to time. New service charges shall be due
and payable at the time building permits are obtained, or when no
building permit is required, prior to initiation of solid waste collection
service. All revenue derived from this charge shall be deposited in
a fund, and used for the acquisition and delivery of containers, and
other equipment including solid waste collection trucks.
(Ord. 1599 § 2, 2016)
A.
The
director of finance is designated as the collector of charges for
solid waste collection services.
B.
The
city shall bill customers for solid waste collection services as part
of, at the same time as, in the same manner as the city's utility
service bill for water and sewer service charges, or in such other
manner as deemed necessary or appropriate by the director of finance.
If the monthly service rate is not paid when due, on the first day
of each calendar month thereafter a penalty of two percent of the
amount of the delinquent rate shall be added.
C.
Pursuant
to the authority and subject to the requirements prescribed in Article
4 of Chapter 6 of Part 3 of Division 5 of the California Health and
Safety Code (commencing with Section 5470), as amended from time to
time, delinquent charges and penalties may be collected on the tax
roll in the same manner, by the same persons, and at the same time
as, together with and not separately from, the general taxes of the
city.
D.
It
is the obligation of the owner of each premises to pay the monthly
fee and charges, unless a tenant has made written application for
city refuse service.
E.
Subscription
to refuse service separate from water and sewer service will be allowed
only for industrial and commercial uses.
F.
Bills
for services will be rendered at regular intervals, and are due and
payable upon presentation. Payment shall be made at the finance department
in the City Hall, or at the city's option, to duly authorized collectors
in the city.
(Ord. 1599 § 2, 2016; Ord. O2022-09 § 1)
When a premises is temporarily scheduled to be unoccupied, service
may be suspended for a period not to exceed six months upon completion
of a "Request for Interruption of Refuse Service" form and payment
of the "Vacation Suspended Service" Fee per the adopted rate schedule.
Following payment, all carts will be pulled, and the monthly service
charges will not be collected until the specified return date when
carts will be returned. Suspension will not be initiated until carts
are collected by the city.
(Ord. 1599 § 2, 2016)
A.
Every
premises shall use the solid waste collection carts or bins provided
by the city, or solid waste collection containers approved by the
director, for collection services. The containers shall be used in
the manner required by the rules and regulations established by the
director.
B.
It
shall be the responsibility of the customer to maintain containers
in a safe and sanitary condition.
C.
Within
twelve months of the initiation of service, the city will, upon request,
change the size of a residential container one time at no charge.
A second request for a residential container size change within twelve
months of initiation of service, or later will be charged based on
time to perform the service, per the rate stated on the rate schedule
for special pick-ups.
D.
Charges
for changing residential containers maybe waived by the city manager
if the requested change is made within ninety days of revisions in
city collection policies and practices.
(Ord. 1599 § 2, 2016; Ord. O2018-31 § 1)
No person other than authorized city staff or the owner or occupier
of a premises shall remove or collect solid waste from a container
for such premises.
(Ord. 1599 § 2, 2016)
A.
All
owners of multifamily dwellings shall subscribe to the city's collection
service for recyclable and organic materials.
B.
All
owners or managers of multifamily dwellings shall provide a location
for the placement of containers for recyclable and organic materials
in a manner that is convenient for tenants and approved by the director
or the director's designated representative.
(Ord. 1599 § 2, 2016; Ord. O2022-09 § 1)
A.
Any
commercial customer that generates two or more cubic yards of recyclable
materials shall subscribe to the city's collection service for recyclable
materials. Such commercial customer shall provide a location for the
placement of containers for recyclable materials in a manner approved
by the director or the director's designated representative.
B.
Any
commercial customer that generates two or more cubic yards of green
waste shall subscribe to the city's collection service for green waste.
Such commercial customer shall provide a location for the placement
of containers for green waste in a manner approved by the director
or the director's designated representative.
(Ord. 1599 § 2, 2016)
A.
Contaminants
Are Prohibited. Solid waste deposited in a container in a manner other
than the manner established by the rules and regulations of the director
is considered a contaminant. If a contaminant is placed in a container,
the city may charge the customer for any expense incurred by the city
in disposing of contaminated waste, the cleaning of contaminated equipment,
and the required processing of other materials that come in contact
with contaminated materials.
B.
A customer
subject to the mandatory recycling or green waste collection services
shall prevent excess contamination. "Excess contamination" means:
1.
A
container for recyclable materials that contains more than ten percent
by weight of refuse;
2.
A
container for green waste that contains more than ten percent by weight
of refuse; or
3.
A
container for refuse to contain more than ten percent by weight of
recyclable material, or more than ten percent by weight green waste,
or more than ten percent by weight of recyclable material and green
waste combined.
C.
A person
shall not deposit in any solid waste container wearing apparel, bedding,
bandages or other articles from any home or place where an infectious
or contagious disease has prevailed. The owner or occupant of any
premises where an infectious or contagious disease has prevailed shall
forthwith notify the health officer and shall dispose of articles
which are, or might be affected in accordance with his or her directions.
D.
Hot
coals or ashes shall not be placed in any solid waste container. Cold
ashes shall be boxed or bagged in such manner that they will not escape
when handled.
E.
A person
shall not deposit in any solid waste container dead animals.
F.
Animal
feces shall be enclosed in a plastic bag prior to depositing it in
a refuse container.
G.
No
person shall deposit in a solid waste container any explosive or highly
flammable, radioactive, toxic or other hazardous material or substance
as defined by the director, or by state or federal law. The city may,
but is not obligated to, provide special arrangements to collect such
hazardous material.
(Ord. 1599 § 2, 2016)
A.
All
contractors on all construction and demolition projects within city
limits, where the total cumulative square feet of the project area
exceeds five thousand square feet, shall recycle all recyclable construction
materials.
B.
All
recyclable construction materials shall be separated at its source
and placed in a separate container approved by the director or the
director's designee.
C.
A contractor
may contract with a resource recovery collector to comply with this
section. A "resource recovery collector" means a service that provides
collection and processing of recyclable construction materials in
a manner demonstrated to be satisfactory to the director and that
meets any such other requirements established by the rules and regulations
of the director.
D.
Any
person providing a container for recyclable construction materials
shall prevent contamination.
(Ord. 1599 § 2, 2016)
A.
The
director may provide special services for solid waste collection,
and the director may charge a customer for such services for the city's
actual cost of performing the collection service, including fees or
expenses for disposal.
B.
The
city may provide special services to a residential customer who is
physically unable to move a cart for collection services. The director
or the director's designee shall determine whether such residential
customer has demonstrated that he or she is physically unable to move
the loaded cart and that no individual living at the residence is
capable of moving the cart.
(Ord. 1599 § 2, 2016)
A.
Commercial
establishments producing greater than fifty pounds of food waste per
week must segregate food waste from general refuse and participate
in the food waste collection service provided by the city.
B.
After
January 1, 2020, any business producing food waste greater than two
cubic yards of solid waste per week must segregate food waste from
general refuse and participate in the food waste collection service
provided by the city.
C.
The
city may charge separate service charges for the collection of clean
food waste and dirty food waste, as such terms are defined by the
rules and regulations of the director.
(Ord. 1599 § 2, 2016; Ord. O2022-09 § 1)
A.
It
is unlawful for any person to throw into or dump upon any public street,
highway or grounds, or in any gutter or ditch, or upon any private
premises, or anywhere except in such places as may be designated for
such purposes by the director, any glass, broken ware, garbage, dirt,
rubbish, refuse or filth; nor shall any solid waste be allowed to
remain upon any property.
B.
Any
solid waste on any property, which the city or other legally authorized
health officer, for the health of the city, deems necessary to be
removed, shall be carried away therefrom by and at the expense of
the owner or occupant of such property, and removed to such place
as may be designated by the city or other legally authorized health
officer.
(Ord. 1599 § 2, 2016)
A.
It
shall be the duty and responsibility of any person owning or occupying
any real property within the city limits to keep all trees and shrubs
on that property trimmed in such a manner that there is a clearance
of at least fourteen feet above any street or alley, and a distance
of at least seven feet over any sidewalk.
B.
Residential
customers shall place carts in the gutter immediately adjacent to
the curb or other areas as designated by the rules and regulations
of the director.
C.
All
containers must be placed in a location readily accessible to the
city, free of obstacles. The placement shall also not impede pedestrian
(including wheelchair) sidewalk access. Containers should be spaced
two feet apart and three feet from any parked vehicles. If alley service
is provided, containers shall be within two feet from the alley point
of access.
D.
Solid
waste containers shall not be placed at the curb prior to sundown
on the day prior to collection. All containers shall be removed from
curb within such collection day. Containers shall be stored out of
sight when viewed from the street, except during the collection process.
E.
At
a premises where refuse collection is provided in an alley, containers
may be stored in the alley but only in places where vehicular traffic
is not impeded. In the event it is determined by the director or the
director's designee that the storage of containers interferes with
vehicular traffic in an alley, the director shall provide written
notice to the customer that containers shall not be stored in the
alley.
F.
Commercial
customers shall place solid waste containers in a location that is
readily accessible to the city's collection vehicles, and that has
received the director's prior approval as conforming to requirements
for solid waste container facilities.
G.
Failure
to place containers in an approved location shall constitute cause
for the city's refusal to perform collection services.
H.
Any
gate to the container storage area must be maintained by the property
owner in good working condition, and shall be left unlocked on the
regularly scheduled collection day. Any animals shall be restrained.
I.
It
is unlawful for any owner, lessee, renter, person having the care
of, or occupant of any such property to refuse to allow representatives
of the city to enter upon any property, during daylight hours whereon
any nuisance is reasonably believed to exist, for the purpose of inspection.
(Ord. 1599 § 2, 2016)
A.
The
existence of solid waste of any kind which is not stored and collected
as required by this chapter is dangerous and injurious to neighboring
property, and to the health and welfare of the residents of the vicinity
or the public and is a public nuisance.
B.
Any
person occupying, leasing or owning real property within the city
shall remove from such property solid waste which constitutes a public
nuisance within five days after written notice to remove the public
nuisance. "Real property" as used in this section shall also include
those areas as sidewalks, parking strips between sidewalks, curb lines
and alley ways from the property line to the center right-of-way of
such alley.
(Ord. 1599 § 2, 2016)
A.
Requirements
for Single-Family Generators. Single-family generators shall:
1.
Subscribe to the city's organic waste collection services for all organic waste generated as described below in subsection (A)(2). 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. 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).
2.
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.
a.
Generators shall place source separated green container organic waste,
including food waste, in the green container; source separated recyclable
materials in the blue container; and gray container waste in the gray
container. Generators shall not place materials designated for the
gray container into the green container or blue container.
B.
Requirements
for Commercial Businesses. Generators that are commercial businesses,
including multi-family residential dwellings, shall:
1.
Subscribe to the city's three-container collection services and comply with the requirements of those services as described below in subsection (B)(2), except for commercial businesses that meet the self-hauler requirements in subsection G 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. Commercial businesses shall adjust their service level for their collection services as requested by the city.
2.
Commercial businesses that meet the self-hauler requirements in subsection G of this section shall participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below.
a.
Generators shall place source separated green container organic waste,
excluding 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. Food waste
shall be placed in city-provided food waste containers.
3.
Supply and allow access employees, contractors, tenants, and customers to an adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (B)(4)(a) and (B)(4)(b), below), consistent with 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 subsection G.
4.
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, 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:
a.
A body or lid that conforms with the container colors provided through
the collection service provided by city, with either lids conforming
to the color requirements or bodies conforming to the color requirements
or both lids and bodies conforming to color requirements. 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 14 CCR Section 18984.8,
container labeling requirements are required on new containers commencing
January 1, 2022.
6.
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 subsection G. (14 CCR Section 18984.9(b)(2).)
7.
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).
8.
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.
9.
Provide
educational information before or within fourteen days of occupancy
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, and the location
of containers and the rules governing their use at each property.
10.
Provide or arrange access to their properties for the city or its agent during all inspections conducted in accordance with subsection K of this section to confirm compliance with the requirements of this section.
11.
Accommodate and cooperate with the city's remote monitoring program 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. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.
12.
At commercial business's option and subject to any approval required
from the city, implement a remote monitoring program for inspection
of the contents of its blue containers, green containers, and gray
containers for the purpose of monitoring the contents of containers
to determine appropriate levels of service and to identify prohibited
container contaminants. Generators may install remote monitoring devices
on or in the blue containers, green containers, and gray containers
subject to written notification to, and approval from the city.
13.
If a commercial business wants to self-haul, meet the self-hauler requirements in subsection G of this section.
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 section 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 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 twenty
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 ten 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 a 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 recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a 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 subsection B.
3.
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 lacks adequate space for
blue containers and/or green containers including documentation from
a licensed architect, or licensed engineer.
i.
Provide written verification to the city that it is still eligible
for physical space waiver every five years, if the city has approved
an application for a physical space waiver.
ii.
Collection Frequency Waiver. 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, or both once every fourteen days, rather than once per
week.
c.
Review and approval of waivers shall be in writing by the director.
D.
Requirements
for Commercial Edible Food Generators.
1.
Tier
one commercial edible food generators must comply with the requirements
of this subsection 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.
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.
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.
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).
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.
No later than January 31 of each year, commercial edible food generators
shall submit a report to the city for the preceding calendar year.
The report shall include the following information:
3.
Nothing in this section 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.
Requirements
For Food Recovery Organizations And 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 shall inform generators
about California and Federal Good Samaritan Food Donation Act protection
in written communications, such as in their contract or agreement
established under 14 CCR Section 18991.3(b).
4.
Food
recovery organizations and food recovery services that have their
primary address physically located in the city and a contract with
or have written agreements with one or more commercial edible food
generators pursuant to 14 CCR Section 18991.3(b) shall report to the
city the total pounds of edible food recovered in the previous calendar
year from the tier one and tier two commercial edible food generators
they have established a contract or written agreement with pursuant
to 14 CCR Section 18991.3(b) no later than July 31, 2022.
5.
Food
Recovery Capacity Planning.
a.
Food Recovery Services and Food Recovery Organizations. In order
to support edible food recovery capacity planning assessments or other
studies conducted by the county or city, 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.
F.
Requirements
for Haulers and Facility Operators.
1.
Requirements
for Haulers.
a.
Permitted haulers providing 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:
i.
Through written notice to the city annually on or before July 31,
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.
Permitted haulers authorized to collect organic waste shall comply
with educational, equipment, signage, container labeling, container
color, contamination monitoring, reporting, and other requirements
contained within its permit with the city.
2.
Requirements
for Facility Operators and Community Composting Operations
a.
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 sixty days.
b.
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.
G.
Self-Hauler
Requirements.
1.
Self-haulers
shall source separate all recyclable materials and organic waste (materials
that city otherwise requires generators to separate for collection
in the city's organics and recycling collection program) generated
on site from solid waste in a manner consistent with 14 CCR Sections
18984.1 and 18984.2.
2.
Self-haulers
shall haul their source separated recyclable materials to a facility
that recovers those materials and haul their source separated green
container organic waste to a solid waste facility, operation, activity,
or property that processes or recovers source separated organic waste.
3.
Self-haulers
that are commercial businesses (including multifamily residential
dwellings) shall keep a record of the amount of organic waste delivered
to each solid waste facility, operation, activity, or property that
processes or recovers organic waste. This record shall be subject
to inspection by the city. The records shall include the following
information:
a.
Delivery receipts and weight tickets from the entity accepting the
waste.
b.
The amount of material in cubic yards or tons transported by the
generator to each entity.
c.
If the material is transported to an entity that does not have scales
on site, or employs scales incapable of weighing the self-hauler's
vehicle in a manner that allows it to determine the weight of materials
received, the self-hauler is not required to record the weight of
material but shall keep a record of the entities that received the
organic waste.
H.
Compliance
with CALGreen Recycling Requirements.
1.
Persons
applying for a permit from the city for new construction and building
additions and alternations shall comply with the requirements of this
section and all required components of the California Green Building
Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if
their project is covered by the scope of CALGreen or more stringent
requirements of the city. If the requirements of CALGreen are more
stringent then the requirements of this section, the CALGreen requirements
shall apply.
Project applicants shall refer to the city's building and/or
planning code for complete CALGreen requirements.
2.
For
projects covered by CALGreen or more stringent requirements of the
city, 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 the 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, provided amended requirements are more stringent
than the CALGreen requirements for adequate recycling space effective
January 1, 2020.
b.
New commercial construction or additions resulting in more than thirty
percent of the floor area shall 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, provided
amended requirements are more stringent than the CALGreen requirements
for adequate recycling space effective January 1, 2020.
c.
Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with the city's C&D ordinance, Section 13.02.120 of this chapter, and all written and published city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
I.
Model
Water Efficient Landscaping Ordinance Requirements.
1.
Property
owners or their building or landscape designers, including anyone
requiring a building or planning permit, plan check, or landscape
design review from the city, who are constructing a new (single-family,
multifamily, public, institutional, or commercial) project with a
landscape area greater than five hundred square feet, or rehabilitating
an existing landscape with a total landscape area greater than two
thousand five hundred square feet, shall comply with Sections 492.6(a)(3)(B),
(C), (D), and (G) of the MWELO, including sections related to use
of compost and mulch as delineated in this subsection.
2.
The
following compost and mulch use requirements that are part of the
MWELO are now also included as requirements of this section. Other
requirements of the MWELO are in effect and can be found in 23 CCR,
Division 2, Chapter 2.7.
3.
Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection (I)(1) above shall:
a.
Comply with Sections 492.6 (a)(3), (B), (C),(D) and (G) of the MWELO,
which requires the submittal of a landscape design plan with a soil
preparation, mulch, and amendments section to include the following:
i.
For landscape installations, compost at a rate of a minimum of four
cubic yards per one thousand square feet of permeable area shall be
incorporated to a depth of six inches into the soil. Soils with greater
than six percent organic matter in the top six inches of soil are
exempt from adding compost and tilling.
ii.
For landscape installations, a minimum three-inch layer of mulch
shall be applied on all exposed soil surfaces of planting areas except
in turf areas, creeping or rooting groundcovers, or direct seeding
applications where mulch is contraindicated. To provide habitat for
beneficial insects and other wildlife up to five percent of the landscape
area may be left without mulch. Designated insect habitat must be
included in the landscape design plan as such.
iii.
Organic mulch materials made from recycled or post-consumer
materials shall take precedence over inorganic materials or virgin
forest products unless the recycled post-consumer organic products
are not locally available. Organic mulches are not required where
prohibited by local fuel modification plan guidelines or other applicable
local ordinances.
4.
If,
after the adoption of the ordinance codified in this section, the
California Department of Water Resources, or its successor agency,
amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3), (B),
(C), (D), and (G) of the MWELO September 15, 2015 requirements in
a manner that requires the city to incorporate the requirements of
an updated MWELO in a local ordinance, and the amended requirements
include provisions more stringent than those required in this section,
the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall
be enforced.
J.
Procurement
Requirements for City Departments.
1.
City
departments and direct service providers to the city, as applicable,
must comply with the city's recovered organic waste product procurement
policy and recycled-content paper procurement policy.
2.
All
vendors providing paper products and printing and writing paper shall:
a.
If fitness and quality are equal, provide recycled-content paper
products and recycled-content printing and writing paper that consists
of at least thirty percent, by fiber weight, postconsumer fiber instead
of non-recycled products whenever recycled paper products and printing
and writing paper are available at the same or lesser total cost than
non-recycled items.
b.
Provide paper products and printing and writing paper that meet Federal
Trade Commission recyclability standard as defined in 16 Code of Federal
Regulations (CFR) Section 260.12.
c.
Certify in writing, under penalty of perjury, the minimum percentage
of postconsumer material in the paper products and printing and writing
paper offered or sold to the city. This certification requirement
may be waived if the percentage of postconsumer material in the paper
products, printing and writing paper, or both can be verified by a
product label, catalog, invoice, or a manufacturer or vendor internet
website.
d.
Certify in writing, on invoices or receipts provided, that the paper
products and printing and writing paper offered or sold to the city
is eligible to be labeled with an unqualified recyclable label as
defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).
e.
Provide records to the city's recovered organic waste product procurement recordkeeping designee, in accordance with the city's recycled-content paper procurement policy of all paper products and printing and writing paper purchases within thirty days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the city. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsections (J)(2)(c) and (J)(2)(d) of this section for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.
K.
Inspection
and Investigation by City.
1.
City representatives within the department of public works and/or its 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 section by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with subsection (B)(2) of this section, the city may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to subsection (B)(11) of this section.
2.
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 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 section described
herein. Failure to provide or arrange for: (a) access to an entity's
premises; (b) installation and operation of remote monitoring equipment;
or (c) access to records for any inspection or investigation is a
violation of this section and may result in penalties described.
3.
Any
records obtained by the city during its inspections, remote monitoring,
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.
4.
City
representatives, and/or designees or agents, are authorized to conduct
any inspections, remote monitoring, or other investigations as reasonably
necessary to further the goals of this section, subject to applicable
laws.
5.
The
City shall receive written complaints from persons regarding an entity
that may be potentially noncompliant with SB 1383 Regulations, including
receipt of anonymous complaints.
L.
Enforcement.
1.
Violation
of any provision of this section shall constitute grounds for issuance
of a notice of violation and assessment of a fine by a city enforcement
official or representative within the public works department. Enforcement
actions under this section 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 section
and any rule or regulation adopted pursuant to this section, except
as otherwise indicated in this section.
2.
Other
remedies allowed by law may be used, including civil action, prosecution
as a misdemeanor or an infraction, or abatement as a nuisance. The
city may pursue civil actions in the California courts to seek recovery
of unpaid administrative citations. The city may choose to delay further
administrative or court action until such time as a sufficiently large
number of violations, or cumulative size of violations exist such
that further administrative or court action is a reasonable use of
city staff and resources.
3.
Responsible
Entity for Enforcement.
a.
Enforcement pursuant to this section may be undertaken by the city
enforcement official, which may be the city manager or his or her
designated entity, legal counsel, or combination thereof.
b.
Enforcement may also be undertaken by a regional or county agency
enforcement official, as designated by the city, in consultation with
a city enforcement official.
i.
City enforcement official (and regional or county agency enforcement
official, if using) will interpret the ordinance, determine the applicability
of waivers, if any, determine whether any violation(s) have occurred,
implement enforcement actions, and determine if compliance measures
were followed.
ii.
City enforcement officials (and regional or county agency enforcement
officials, if using) may issue notices of violation(s), administrative
citations, notices of abatement, or file civil or criminal actions.
4.
Process
for Enforcement.
a.
City enforcement officials or county enforcement officials and/or their designees will monitor compliance with this section randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program that may include remote monitoring. Subsection K establishes the city's right to conduct inspections and investigations.
b.
The city may issue an official notification to notify regulated entities
of its obligations under this section.
c.
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 a cart tag or other communication immediately
upon identification of the prohibited container contaminants or within
fourteen days after determining that a violation has occurred. If
the city observes prohibited container contaminants in a generator's
containers, the city may also assess contamination processing fees
or contamination penalties on the generator.
d.
With the exception of violations of generator contamination of container contents as addressed under subsection (L)(4)(c), any notice of violation will require compliance within fifteen days of issuance of the notice.
e.
Absent compliance by the respondent within the deadline set forth in the notice of violation, the city may commence an action to impose penalties via an administrative citation and fine, pursuant to the city's ordinance contained in subsection (L)(11), Table 1, List of Violations, pursue criminal enforcement, or abate the violations as a public nuisance and assess costs against the generator(s).
Notices shall be sent to the "owner" at the official address
as maintained by the tax collector for the city or, if no such address
is available, to the owner at the address of the dwelling or commercial
property or to the party responsible for paying for the collection
services, depending upon available information.
5.
Penalty
Amounts for Types of Violations. The penalty levels are as follows:
a.
For a first violation, the amount of the base penalty shall be one
hundred dollars per violation.
b.
For a second violation, the amount of the base penalty shall be two
hundred dollars per violation.
c.
For a third or subsequent violation, the amount of the base penalty
shall be three hundred dollars per violation.
6.
Factors
Considered in Determining Penalty Amount. The following factors shall
be used to determine the amount of the penalty for each violation
within the appropriate penalty amount range:
a.
The nature, circumstances, and severity of the violation(s).
b.
The violator's ability to pay.
c.
The willfulness of the violator's misconduct.
d.
Whether the violator took measures to avoid or mitigate violations
of this section.
e.
Evidence of any economic benefit resulting from the violation(s).
f.
The deterrent effect of the penalty on the violator.
g.
Whether the violation(s) were due to conditions outside the control
of the violator.
7.
Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with subsection L if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
8.
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 as set
forth in the city's codes for appeals of administrative citations.
Evidence may be presented at the hearing. The city manager or designee
will appoint a hearing officer who shall conduct the hearing and issue
a final written order.
9.
Education
Period for Noncompliance. Beginning January 1, 2022 and through December
31, 2023, the city will conduct inspections, remote monitoring, 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, self-hauler, hauler,
tier one commercial edible food generator, food recovery organization,
food recovery service, or other entity is not in compliance, it shall
provide educational materials to the entity describing its obligations
under this section and a notice that compliance is required by January
1, 2022, shall apply retroactively, and that violations may be subject
to administrative civil penalties starting on January 1, 2024.
10.
Civil Penalties for Noncompliance. Beginning January 1, 2024, if
the city determines that an organic waste generator, self-hauler,
hauler, tier one or tier two commercial edible food generator, food
recovery organization, food recovery service, or other entity is not
in compliance with this section, it shall document the noncompliance
or violation, issue a notice of violation, and take enforcement action
pursuant to this subsection, L, as needed.
11.
Enforcement Table.
|
Table 1. List of Violations
| |
|---|---|
|
Requirement
|
Description of Violation
|
|
Commercial Business and Commercial Business Owner Responsibility Requirement: Subsection B
|
Commercial business fails to provide or arrange for organic
waste collection services consistent withcity requirements and as
outlined in this section, for employees, contractors, tenants, and
customers, including supplying and allowing access to adequate numbers,
size, and location of containers and sufficient signage and container
color.
|
|
Organic waste generator fails to comply with requirements adopted
pursuant to this section for the collection and recovery of organic
waste.
| |
|
Hauler Requirement: Subsection F
|
A hauler providing residential, commercial or industrial organic
waste collection service fails to transport organic waste to a facility,
operation, activity, or property that recovers organic waste, as prescribed
by this section.
|
|
Hauler Requirement: Subsection F
|
A hauler providing residential, commercial, or industrial organic
waste collection service fails to obtain applicable approval issued
by the city to haul organic waste as prescribed by this section.
|
|
Hauler Requirement: Subsection F
|
A hauler fails to keep a record of the applicable documentation
of its approval by the city, as prescribed by this section.
|
|
Self-Hauler Requirement: Subsection G
|
A generator who is a self-hauler fails to comply with the requirements
of 14 CCR Section 18988.3(b).
|
|
Commercial Edible Food Generator Requirement: Subsection D
|
Tier one commercial edible food generator fails to arrange to
recover the maximum amount of its edible food that would otherwise
be disposed by establishing a contract or written agreement with a
food recovery organization or food recovery service and comply with
this section commencing Jan. 1, 2022.
|
|
Commercial Edible Food Generator Requirement: Subsection D
|
Tier two commercial edible food generator fails to arrange to
recover the maximum amount of its edible food that would otherwise
be disposed by establishing a contract or written agreement with a
food recovery organization or food recovery service and comply with
this section commencing Jan. 1, 2024.
|
|
Commercial Edible Food Generator Requirement: Subsection D
|
Tier one or tier two commercial edible food generator intentionally
spoils edible food that is capable of being recovered by a food recovery
organization or food recovery service.
|
(Ord. O2022-09 § 1)
Failure to comply with the requirements of this chapter or to comply with a written order of the director, which is authorized by this chapter, shall be punishable pursuant to Chapter 1.10 of this code.
(Ord. 1599 § 2, 2016; Ord. O2022-09 § 1)
