This chapter shall be known as "Mandatory Organic Waste Disposal
Reduction".
(Ord. 21-03, § 1; Ord. 21-04, § 1)
has the same meaning as in 14 CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of source
separated recyclable materials.
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 non-recyclable
solid waste.
means California’s Department of Resources Recycling
and Recovery, which is the department designated with responsibility
for developing, implementing, and enforcing SB 1383 regulations.
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).
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 multi-family
residential dwelling that consists of fewer than five units is not
a commercial business for purposes of implementing this chapter.
includes a tier one or a tier two commercial edible food generator as defined in Section 3.29.020, or as otherwise defined in 14 CCR Sections 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).
means a review of records by the City to determine compliance
with this chapter.
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).
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 compost-ability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A)
or 18984.2(a)(1)(C).
means a container, regardless of color, that contains prohibited
container contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
means construction and demolition debris.
as defined in 14 CCR Section 18982(14.5), means a solid waste
facility that accepts a source separated organic waste collection
stream as defined in 14 CCR Section 17402(a)(26.6) and complies with
one of the following:
The facility is a "transfer/processor," as defined in 14 CCR
Section 18815.2(a)(62), that is in compliance with the reporting requirements
of 14 CCR Section 18815.5(d), and meets or exceeds an annual average
source separated organic content recovery rate of 50% between January
1, 2022 and December 31, 2024 and 75% on and after January 1, 2025
as calculated pursuant to 14 CCR Section 18815.5(f) for organic waste
received from the source separated organic waste collection stream.
If a transfer/processor has an annual average source separated
organic content recovery rate lower than the rate required in subsection
(1) of this definition for two consecutive reporting periods, or three
reporting periods within three years, the facility shall not qualify
as a "designated source separated organic waste facility."
The facility is a "composting operation" or "composting facility"
as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the
reports submitted under 14 CCR Section 18815.7 demonstrates that the
percent of the material removed for landfill disposal that is organic
waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2)
or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies
with the digestate handling requirements specified in 14 CCR Section
17896.5.
If the percent of the material removed for landfill disposal
that is organic waste is more than the percent specified in 14 CCR
Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two consecutive reporting
periods, or three reporting periods within three years, the facility
shall not qualify as a "designated source separated organic waste
facility." For the purposes of this chapter, the reporting periods
shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).
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.
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.
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’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.
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).
has the same meaning as in Section 113789 of the Health and
Safety Code.
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).
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
Section 113842 of the Health and Safety Code.
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, food-soiled paper, and compostable plastics.
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 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).
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 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).
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 the City Manager or their authorized designee(s) who
is/are partially or whole responsible for enforcing this chapter.
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.
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 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.
includes, but is not limited to, paper that is coated in
a plastic material that will not break down in the composting process,
or as otherwise defined in 14 CCR Section 18982(a)(41).
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):
Public universities (including community colleges) located within
the boundaries of the City.
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, 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).
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 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/organic container; (3) discarded materials placed
in the brown/black container that are acceptable source separated
recyclable materials and/or source separated green container organic
wastes to be placed in the green/organic 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 paper products and printing and writing paper that
consists of at least 30%, by fiber weight, postconsumer fiber, or
as otherwise defined in 14 CCR Section 18982(a)(61).
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 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).
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 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.
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 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 such that source separated materials are
separated from brown/black container 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 source separated non-organic recyclables and source
separated blue container organic waste.
means the State of California.
means a full-line, self-service retail store with gross annual
sales of $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).
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 250 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 200 or more rooms.
Health facility with an on-site food facility and 100 or more
beds.
Large venue.
Large event.
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.
means a collection service that collects green waste and
yard waste that is placed in a pile or bagged for collection on the
street in front of a generator’s house or place of business
for collection and transport to a facility that recovers source separated
organic waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
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. 21-03, § 1; Ord. 21-04, § 1)
Single-family organic waste generators shall comply with the
following requirements:
A.
Shall subscribe to City’s organic waste collection services for all organic waste generated as described below in subsection B of this section. 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 a single-family generator shall adjust its service level for its collection services as requested by the City. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
B.
Shall
participate in the City’s organic waste collection service(s)
by placing designated materials in designated containers as described
below, and shall not place prohibited container contaminants in collection
containers.
C.
Generators
shall place source separated green container organic waste, including
food waste, in the green container; source separated recyclable materials
in the blue container; and brown/black container waste in the brown/black
container. Generators shall not place materials designated for the
brown/black container into the green container or blue container.
(Ord. 21-03, § 1; Ord. 21-04, § 1)
Generators that are commercial businesses, including multifamily
residential dwellings, shall:
A.
Subscribe to the City’s two-container collection services and comply with requirements of those services as described below in subsection 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.
Except commercial businesses that meet self haul requirements in Section 3.29.080, a three-container collection service (blue container, green container, and brown/black container) generators shall place source separated green container organic waste, including food waste, in the green/organic container; source separated recyclable materials in the blue/recycle container; and non-recyclable solid waste container waste in the brown/black/trash container.
C.
Supply
and allow access to adequate number, size and location of collection
containers with sufficient labels or colors (conforming with subsections
(D)(1) and (D)(2) below) for employees, contractors, tenants, and
customers, consistent with the City’s green container collection
service.
D.
Excluding
multifamily residential dwellings, provide containers for the collection
of source separated green container organic waste and source separated
recyclable materials in all indoor and outdoor areas where disposal
containers are provided for customers, for materials generated by
that business. Such containers do not need to be provided in restrooms.
If a commercial business does not generate any of the materials that
would be collected in one type of container, then the business does
not have to provide that particular container in all areas where disposal
containers are provided for customers. Pursuant to 14 CCR Section
18984.9(b), the containers provided by the business shall have either:
1.
A
body or lid that conforms with the container colors provided through
the collection service provided by the City, with either lids conforming
to the color requirements or bodies conforming to the color requirements
or both lids and bodies conforming to color requirements. A commercial
business is not required to replace functional containers, including
containers purchased prior to January 1, 2022, that do not comply
with the requirements of the subsection prior to the end of the useful
life of those containers, or prior to January 1, 2036, whichever comes
first.
2.
Container
labels that include language or graphic images, or both, indicating
the primary material accepted and the primary materials prohibited
in that container, or containers with imprinted text or graphic images
that indicate the primary materials accepted and primary materials
prohibited in the container. Pursuant 14 CCR Section 18984.8, the
container labeling requirements are required on new containers commencing
January 1, 2022.
E.
Multifamily
residential dwellings are not required to comply with container placement
requirements or labeling requirement in 3.29.040(D) 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 brown/black container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with Section 3.29.080.
G.
Excluding
multifamily residential dwellings, periodically inspect green containers
for contamination and inform employees if containers are contaminated
and of the requirements to keep contaminants out of those containers
pursuant to 14 CCR Section 18984.9(b)(3).
H.
Annually
provide information to employees, contractors, tenants, and customers
about organic waste recovery requirements and about proper sorting
of source separated green container organic waste and source separated
recyclable materials.
I.
Provide
education information before or within 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 brown/black container waste (when applicable)
and the location of containers and the rules governing their use at
each property.
J.
Provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with Section 3.29.100 of this chapter to confirm compliance with the requirements of this chapter.
(Ord. 21-03, § 1; Ord. 21-04, § 1)
Commercial businesses may apply for a waiver of organic service
if one of the following conditions apply:
A.
De Minimis
Waivers. A jurisdiction may waive a commercial business’s obligation
(including multifamily residential dwellings) to comply with some
or all of the organic waste requirements of this chapter if the commercial
business provides documentation that the business generates:
1.
Below
total solid waste collection of two cubic yards or more per week (i.e.,
equal to at least 12 large or 24 regular trash bags, or about two-thirds
of a standard dumpster), and organic waste of less than 20 gallons
per week (i.e., about two tall kitchen bags); or
2.
Total
solid waste collection of less than two cubic yards per week and collected
organic waste of less than 10 gallons per week.
3.
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.
b.
Provide documentation of total waste produced.
c.
Notify the jurisdiction if circumstances change such that the 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 jurisdiction has approved de minimis waiver.
B.
Physical
Space Waivers. The jurisdiction may waive a commercial business’s
or property owner’s obligations (including multifamily residential
dwellings) to comply with some or all of the recyclable materials
and/or organic waste collection service requirements if the jurisdiction
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.
1.
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
gray containers and/or green containers including documentation from
its hauler, licensed architect, or licensed engineer.
c.
Provide written verification to the jurisdiction that it is still
eligible for a physical space waiver every five years, if the jurisdiction
has approved application for a physical space waiver.
(Ord. 22-04, § 1)
B.
Large
venue or large event operators not providing food services, but allowing
for food to be provided by others, shall require food facilities operating
at the large venue or large event to comply with the requirements
of this section, commencing January 1, 2024.
C.
Commercial
edible food generators shall comply with the following requirements:
1.
Arrange
to recover the maximum amount of edible food that would otherwise
be disposed.
2.
Contract
with, or enter into a written agreement with food recovery organizations
or food recovery services for: (a) the collection of edible food for
food recovery; or (b) acceptance of the edible food that the commercial
edible food generator self-hauls to the food recovery organization
for food recovery.
3.
Shall
not intentionally spoil edible food that is capable of being recovered
by a food recovery organization or a food recovery service.
4.
Allow
the City’s designated enforcement entity or designated third
party enforcement entity to access the premises and review records
pursuant to 14 CCR Section 18991.4.
5.
Keep
records that include the following information, or as otherwise specified
in 14 CCR Section 18991.4:
a.
A list of each food recovery service or organization that collects
or receives its edible food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
c.
A record of the following information for each of those food recovery
services or food recovery organizations:
i.
The name, address and contact information of the food recovery service
or food recovery organization.
ii.
The types of food that will be collected by or self-hauled to the
food recovery service or food recovery organization.
iii.
The established frequency that food will be collected or self-hauled.
iv.
The quantity of food, measured in pounds recovered per month, collected
or self-hauled to a food recovery service or food recovery organization
for food recovery.
D.
Nothing in Chapter 3.29 shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. 21-03, § 1; Ord. 21-04, § 1)
A.
Food
recovery services collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following
records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1.
The
name, address, and contact information for each commercial edible
food generator from which the service collects edible food.
2.
The
quantity in pounds of edible food collected from each commercial edible
food generator per month.
3.
The
quantity in pounds of edible food transported to each food recovery
organization per month.
4.
The
name, address, and contact information for each food recovery organization
that the food recovery service transports edible food to for food
recovery.
B.
Food
recovery organizations collecting or receiving edible food directly
from commercial edible food generators, via a contract or written
agreement established under 14 CCR Section 18991.3(b), shall maintain
the following records, or as otherwise specified by 14 CCR Section
18991.5(a)(2):
1.
The
name, address, and contact information for each commercial edible
food generator from which the organization receives edible food.
2.
The
quantity in pounds of edible food received from each commercial edible
food generator per month.
3.
The
name, address, and contact information for each food recovery service
that the organization receives edible food from for food recovery.
C.
Food
recovery organizations and food recovery services that have their
primary address physically located in the City and contract with or
have written agreements with one or more commercial edible food generators
pursuant to 14 CCR Section 18991.3(b) shall report to the City it
is located in the total pounds of edible food recovered in the previous
calendar year from the tier one and tier two commercial edible food
generators they have established a contract or written agreement with
pursuant to 14 CCR Section 18991.3(b) no later than January 1, 2022.
D.
Food
Recovery Capacity Planning.
1.
Food
Recovery Services and Food Recovery Organizations. In order to support
edible food recovery capacity planning assessments or other studies
conducted by the County, 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 City shall respond to such request for information within 60 days,
unless a shorter timeframe is otherwise specified by the City.
(Ord. 21-03, § 1; Ord. 21-04, § 1)
A.
Requirements
for Haulers—Standard Compliance Approach.
1.
Exclusive
franchised hauler 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.
2.
Through
written notice to the City annually on or before January 1, identify
the facilities to which they will transport organic waste including
facilities for source separated recyclable materials, source separated
green container organic waste, and mixed waste.
B.
Requirements
for Facility Operators and Community Composting Operations.
1.
Owners
of facilities, operations, and activities that recover organic waste,
including, but not limited to, compost facilities, in-vessel digestion
facilities, and publicly-owned treatment works shall, upon the City
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
composting operators, upon the City 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.
(Ord. 21-03, § 1; Ord. 21-04, § 1)
A.
Self-haulers
shall source separate all recyclable materials and organic waste (materials
that the 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, or shall haul organic waste to a high diversion
organic waste processing facility as specified in 14 CCR Section 18984.3.
B.
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.
Alternatively, self-haulers may haul organic waste to a high diversion
organic waste processing facility.
C.
Self-haulers
that are commercial businesses (including multi-family 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:
1.
Delivery
receipts and weight tickets from the entity accepting the waste.
2.
The
amount of material in cubic yards or tons transported by the generator
to each entity.
3.
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.
D.
Self-haulers that are commercial businesses (including multifamily self-haulers) shall provide information collected in subsection C of this section to the City if requested. A residential organic waste generator that self hauls organic waste is not required to record or report information in subsections 3.29.100(A) and (B).
(Ord. 21-03, § 1; Ord. 21-04, § 1)
A.
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 500 square feet, or rehabilitating an existing landscape
with a total landscape area greater than 2,500 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 section.
B.
The
following compost and mulch use requirements that are part of the
MWELO are now also included as requirements of this chapter.
C.
Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection A above shall:
1.
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:
a.
For landscape installations, compost at a rate of a minimum of four
cubic yards per 1,000 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.
b.
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.
c.
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.
2.
The
MWELO compliance items listed in this section are not an inclusive
list of MWELO requirements; therefore, property owners or their building
or landscape designers that meet the threshold for MWELO compliance
outlined in this section shall consult the full MWELO for all requirements.
D.
If,
after the adoption of this chapter, 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.
E.
The foregoing Section 3.29.090 is in addition to and supplements the requirements of the City’s water efficient landscaping requirements set forth in Chapter 6.52, Article I of the Walnut Municipal Code. In the event of a conflict between Chapter 6.52, Article I and this Section 3.29.090, this section shall control.
(Ord. 21-03, § 1; Ord. 21-04, § 1)
A.
The
City representatives and/or its designated entity, including designees
are authorized to conduct inspections and investigations, at random
or otherwise, of any collection container, collection vehicle loads,
or transfer, processing, or disposal facility for materials collected
from generators, or source separated materials to confirm compliance
with this chapter by organic waste generators, commercial businesses
(including multifamily residential dwellings), property owners, commercial
edible food generators, haulers, 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.
B.
Regulated
entity shall provide or arrange for access during all inspections
(with the exception of residential property interiors) and shall cooperate
with the City’s employee or its designated entity/designee during
such inspections and investigations. Such inspections and investigations
may include confirmation of proper placement of materials in containers,
edible food recovery activities, records, or any other requirement
of this chapter described herein. Failure to provide or arrange for:
(1) access to an entity’s premises; or (2) access to records
for any inspection or investigation is a violation of this chapter
and may result in penalties described.
C.
Any
records obtained by the City during its inspections and other reviews
shall be subject to the requirements and applicable disclosure exemptions
of the Public Records Act as set forth in Government Code Section
6250 et seq.
D.
City
representatives, its designated entity, and/or designee are authorized
to conduct any inspections, or other investigations as reasonably
necessary to further the goals of this chapter, subject to applicable
laws.
E.
The
City shall receive written complaints from persons regarding an entity
that may be potentially non-compliant with SB 1383 regulations, including
receipt of anonymous complaints.
(Ord. 21-03, § 1; Ord. 21-04, § 1)
A.
Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a City enforcement official or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines set forth in Chapter 1.14 of the Walnut Municipal Code, Administrative Citations, are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.
B.
Other
remedies allowed by law may be used, including civil action or prosecution
as misdemeanor or infraction. The City may pursue civil actions in
the California courts to seek recovery of unpaid administrative citations.
The City may choose to delay court action until such time as a sufficiently
large number of violations, or cumulative size of violations exist
such that court action is a reasonable use of City staff and resources.
C.
Responsible
Entity for Enforcement.
1.
Enforcement
pursuant to this chapter may be undertaken by the City enforcement
official, which may be the City Manager or their designated entity,
legal counsel, or combination thereof.
2.
Enforcement
may also be undertaken by an enforcement official, designated by the
City, in consultation with the City enforcement official.
3.
City
enforcement official(s) will interpret this chapter; determine the
applicability of waivers, if violation(s) have occurred; implement
enforcement actions; and, determine if compliance standards are met.
4.
City
enforcement official(s) may issue notices of violation(s).
D.
Process
for Enforcement.
1.
City enforcement officials and/or their designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 3.29.100 establishes the City’s right to conduct inspections and investigations.
2.
The
City may issue an official notification to notify regulated entities
of its obligations under this chapter.
3.
The
City shall issue a notice of violation requiring compliance within
60 days of issuance of the notice.
4.
Absent compliance by the respondent within the deadline set forth in the notice of violation, the City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 1.14 of the Walnut Municipal Code regarding administrative citations.
5.
Notices
shall be sent to "owner" at the official address of the owner 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.
E.
Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a notice of violation issued in accordance with Section 3.29.110 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
F.
Appeals
Process. Persons receiving an administrative citation containing a
penalty for an uncorrected violation may request a hearing to appeal
the citation. A hearing will be held only if it is requested within
the time prescribed and consistent with the City’s procedures
in the City’s codes for appeals of administrative citations.
Evidence may be presented at the hearing. The City will appoint a
hearing officer who shall conduct the hearing and issue a final written
order.
G.
Education
Period for Noncompliance. Beginning January 1, 2022 and through December
31, 2023, the City will conduct inspections, route reviews or waste
evaluations, and compliance reviews, depending upon the type of regulated
entity, to determine compliance, and if the City determines that organic
waste generator, self-hauler, hauler, tier one commercial edible food
generator, food recovery organization, food recovery service, or other
entity is not in compliance, it shall provide educational materials
to the entity describing its obligations under this chapter and a
notice that compliance is required by January 1, 2022, and that violations
may be subject to administrative civil penalties starting on January
1, 2024.
H.
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 chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to Section 3.29.110, as needed.
(Ord. 21-03, § 1; Ord. 21-04, § 1)
