This chapter may be cited as the Organic Waste Disposal Reduction
Ordinance.
(Ord. 828 § 2, 2022)
The city council of the city of Crescent City finds and declares:
A. State
recycling law, Assembly Bill 939 of 1989, the California Integrated
Waste Management Act of 1989 (California
Public Resources Code Section
40000, et seq., as amended, supplemented, superseded, and replaced
from time to time), requires cities and counties to reduce, reuse,
and recycle (including composting) solid waste generated in their
jurisdictions to the maximum extent feasible before any incineration
or landfill disposal of waste, to conserve water, energy, and other
natural resources, and to protect the environment.
B. State
recycling law, Assembly Bill 341 of 2011 (approved by the Governor
of the State of California on October 5, 2011, which amended Sections
41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001
of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8
(commencing with Section 42649) to Part 3 of Division 30 of, and added
and repealed Section 41780.02 of, the
Public Resources Code, as amended,
supplemented, superseded and replaced from time to time), places requirements
on businesses and multifamily property owners that generate a specified
threshold amount of solid waste to arrange for recycling services
and requires jurisdictions to implement a mandatory commercial recycling
program.
C. SB 1383,
the Short-Lived Climate Pollutant Reduction Act of 2016, requires
CALRecycle to develop regulations to reduce organics in landfills
as a source of methane. The regulations place requirements on multiple
entities including jurisdictions, residential households, commercial
businesses and business owners, commercial edible food generators,
haulers, self-haulers, food recovery organizations, and food recovery
services to support achievement of statewide organic waste disposal
reduction targets.
D. SB 1383,
the Short-Lived Climate Pollutant Reduction Act of 2016, requires
jurisdictions to adopt and enforce an ordinance or enforceable mechanism
to implement relevant provisions of SB 1383 regulations applicable
to their jurisdiction. This chapter will also help reduce food insecurity
by requiring commercial edible food generators to arrange to have
the maximum amount of their edible food, that would otherwise be disposed,
be recovered for human consumption.
E. Del Norte County meets the definition of "rural jurisdiction" as defined in Section 42649.8 of the
Public Resources Code and has therefore applied for the "rural exemption" in compliance with Section 18984.12(c) of Chapter 12 (Short-Lived Climate Pollutants) of Division 7 of Title
14 of the
California Code of Regulations ("SB 1383 regulations" or "regulations"). The city submitted and received approval of its rural exemption application. Therefore, the city is not subject to Article 3 Organic Waste Collection Services, Section 18992.1 of Article
11 Organic Waste Capacity Planning, and Sections 18993.1 and 18993.2 of Article
12, Procurement of Recovered Organic Waste Products, through December 31, 2026. Collection of recyclables and organics may occur in exempt rural areas and that collection is not subject to SB 1383 regulations or this chapter unless otherwise required.
F. Crescent
City is subject to providing education and outreach information to
organic waste generators, enforcing certain provisions of the CALGreen
building standards and Model Water Efficient Landscape Ordinance,
implementing an edible food recovery program and edible food recovery
capacity planning, procurement of paper products, facility sampling
for contamination of materials, inspections and enforcement, and recordkeeping
and reporting to CALRecycle in compliance with the SB 1383 Regulations.
(Ord. 828 § 2, 2022)
For purposes of this chapter, the following words or phrases
are defined as follows:
"CALRecycle"
means California's department of resources recycling and
recovery, which is the department designated with responsibility for
developing, implementing, and enforcing SB 1383 regulations on jurisdictions
(and others).
"City"
means city of Crescent City, California.
"Commercial business" or "commercial"
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, strip
mall, industrial facility, or a multifamily residential dwelling,
or as otherwise defined in 14
CCR Section 18982(a)(6). A multifamily
residential dwelling that consists of fewer than five units is not
a commercial business for purposes of implementing this chapter.
"Commercial edible food generator"
includes a tier one or a tier two commercial edible food
generator as defined in 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).
"Compliance review"
means a review of records by a jurisdiction or regional agency
to determine compliance with this chapter.
"C&D"
means construction and demolition debris.
"Designee"
means an entity that a jurisdiction contracts with or otherwise
arranges to carry out any of the jurisdiction'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.
"Edible food"
means food intended for human consumption, or as otherwise
defined in 14
CCR Section 18982(a)(18). For the purposes of this chapter
or as otherwise defined in 14
CCR Section 18982(a)(18), "edible food"
is not solid waste if it is recovered and not discarded. Nothing in
this chapter or in 14
CCR, Division 7, Chapter 12 requires or authorizes
the recovery of edible food that does not meet the food safety requirements
of the California Retail Food Code.
"Enforcement action"
means an action of the jurisdiction to address noncompliance
with this chapter, including, but not limited to, issuing administrative
citations, fines, penalties, or using other remedies.
"Food"
has the same meaning as in Section 113781 of the Health and
Safety Code. "Food" means a raw, cooked, or processed edible substance,
ice, beverage, an ingredient used or intended for use or for sale
in whole or in part for human consumption, and chewing gum.
"Food distributor"
means a company that distributes food to entities, including,
but not limited to, supermarkets and grocery stores, or as otherwise
defined in 14
CCR Section 18982(a)(22).
"Food facility"
has the same meaning as in Section 113789 of the Health and
Safety Code.
"Food recovery"
means actions to collect and distribute food for human consumption
that otherwise would be disposed, or as otherwise defined in 14
CCR
Section 18982(a)(24).
"Food recovery organization"
means an entity that engages in the collection or receipt
of edible food from commercial edible food generators and distributes
that edible food to the public for food recovery either directly or
through other entities or as otherwise defined in 14
CCR Section 18982(a)(25),
including, but not limited to:
1.
A food bank as defined in Section 113783 of the Health and Safety
Code;
3.
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).
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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.
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"Food recovery service"
means a person or entity that collects and transports edible
food from a commercial edible food generator to a food recovery organization
or other entities for food recovery, or as otherwise defined in 14
CCR Section 18982(a)(26). A food recovery service is not a commercial
edible food generator for the purposes of this chapter and implementation
of 14
CCR, Division 7, Chapter 12 pursuant to 14
CCR Section 18982(a)(7).
"Food service provider"
means an entity primarily engaged in providing food services
to institutional, governmental, commercial, or industrial locations
of others based on contractual arrangements with these types of organizations,
or as otherwise defined in 14
CCR Section 18982(a)(27).
"Grocery store"
means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and
poultry; and any area that is not separately owned within the store
where the food is prepared and served, including a bakery, deli, and
meat and seafood departments, or as otherwise defined in 14
CCR Section
18982(a)(30).
"Implementation record"
means the records and documentation required to be kept under
Section 18995.2 of the SB 1383 regulations.
"Inspection"
means a site visit where a jurisdiction or regional agency
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).
"Jurisdiction enforcement official"
means the county administrative officer or their authorized
designee(s) who is/are partially or wholly responsible for enforcing
the ordinance codified in this chapter.
"Large event"
means an event, including, but not limited to, a sporting
event or a flea market, that charges an admission price, or is operated
by a local agency, and serves an average of more than two thousand
individuals per day of operation of the event, at a location that
includes, but is not limited to, a public, nonprofit, or privately
owned park, parking lot, golf course, street system, or other open
space when being used for an event. If the definition in 14
CCR Section
18982(a)(38) differs from this definition, the definition in 14
CCR
Section 18982(a)(38) shall apply to this chapter.
"Large venue"
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.
"Local education agency"
means a school district, charter school, or county office
of education that is not subject to the control of city or county
regulations related to solid waste, or as otherwise defined in 14
CCR Section 18982(a)(40).
"Multifamily" or "multifamily residential dwelling"
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.
"MWELO"
refers to the Model Water Efficient Landscape Ordinance (MWELO),
23
CCR, Division 2, Chapter 2.7.
"Non-local entity"
means the following entities that are not subject to the
jurisdiction's enforcement authority, or as otherwise defined in 14
CCR Section 18982(a)(42):
1.
Special district(s) located within the boundaries of the jurisdiction.
2.
Federal facilities, including federal parks, located within
the boundaries of the jurisdiction.
3.
Prison(s) located within the boundaries of the jurisdiction.
4.
Facilities operated by the state park system located within
the boundaries of the jurisdiction.
5.
Public universities (including community colleges) located within
the boundaries of the jurisdiction.
6.
County fairgrounds located within the boundaries of the jurisdiction.
7.
State agencies located within the boundaries of the jurisdiction.
"Notice of violation (NOV)"
means a notice that a violation has occurred that includes
a compliance date to avoid an action to seek penalties, or as otherwise
defined in 14
CCR Section 18982(a)(45) or further explained in 14
CCR Section 18995.4.
"Organic waste"
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).
"Paper products"
include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated
boxes, tissue, and toweling, or as otherwise defined in 14
CCR Section
18982(a)(51).
"Person(s)"
means any corporation, company, partnership, firm, or association
as well as a natural person.
"Printing and writing papers"
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).
"Recovery"
means any activity or process described in 14
CCR Section
18983.1(b), or as otherwise defined in 14
CCR Section 18982(a)(49).
"Recycled-content paper"
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).
"Regional enforcement official"
means an employee of the Del Norte Solid Waste Management
Authority, designated by the jurisdiction with responsibility for
enforcing any portion of the ordinance codified herein in conjunction
or consultation with jurisdiction enforcement official.
"Reporting authority"
means either the city or another entity acting on its behalf
by way of agreement, such as the regional agency.
"Restaurant"
means an establishment primarily engaged in the retail sale
of food and drinks for onpremises or immediate consumption, or as
otherwise defined in 14
CCR Section 18982(a)(64).
"SB 1383"
means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7,
and 39730.8 to the
Health and Safety Code, and added Chapter 13.1
(commencing with Section 42652) to Part 3 of Division 30 of the Public
Resources Code, establishing methane emissions reduction targets in
a statewide effort to reduce emissions of short-lived climate pollutants
as amended, supplemented, superseded, and replaced from time to time.
"SB 1383 regulations" or "regulations"
means or refers to, for the purposes of this chapter, the
Short-Lived Climate Pollutants: Organic Waste Reduction regulations
developed by CALRecycle and adopted in 2020 that created 14
CCR, Division
7, Chapter 12 and amended portions of regulations of 14
CCR and 27
CCR.
"Self-hauler"
means a person who hauls solid waste, 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).
"Solid waste"
has the same meaning as defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and
nonputrescible solid, semisolid, 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:
2.
Radioactive waste regulated pursuant to the State Radiation
Control Law (Chapter 8 (commencing with Section 114960) of Part 9
of Division 104 of the State
Health and Safety Code).
3.
Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division
104 of the State
Health and Safety Code). Untreated medical waste
shall not be disposed of in a solid waste landfill, as defined in
State
Public Resources Code Section 40195.1. Medical waste that has
been treated and deemed to be solid waste shall be regulated pursuant
to Division 30 of the State
Public Resources Code.
"State"
means the state of California.
"Supermarket"
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 nonfood items and some perishable items,
or as otherwise defined in 14
CCR Section 18982(a)(71).
"Tier one commercial edible food generator"
means a commercial edible food generator that is one of the
following:
2.
Grocery store with a total facility size equal to or greater
than ten thousand square feet.
5.
Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one
commercial edible food generator is amended in the future and differs
from this definition, the definition in 14 CCR Section 18982(a)(73)
shall automatically apply to this chapter.
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"Tier two commercial edible food generator"
means a commercial edible food generator that is one of the
following:
1.
Restaurant with two hundred fifty or more seats, or a total
facility size equal to or greater than five thousand square feet.
2.
Hotel with an on-site food facility and two hundred or more
rooms.
3.
Health facility with an on-site food facility and one hundred
or more beds.
6.
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.
7.
A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two
commercial edible food generator is amended in the future and differs
from this definition, the definition in 14 CCR Section 18982(a)(74)
shall automatically apply to this chapter.
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"Wholesale food vendor"
means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables)
is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination, or as otherwise defined
in 14
CCR Section 189852(a)(76).
(Ord. 828 § 2, 2022)
A commercial business that generates more than four cubic yards
of commercial solid waste per week or is a multifamily residential
dwelling of five units or more shall arrange for recycling services,
consistent with state laws and the mandatory commercial recycling
program requirements of the regional agency, which shall include education,
outreach to, and monitoring and enforcement of, commercial businesses.
(Ord. 828 § 2, 2022)
The city will either perform or provide for, by way of agreement with the regional agency, the applicable sampling and monitoring requirements found in Article 6.0, Transfer/Processing Operations and Facilities Regulatory Requirements of Title
14, Division 7, Chapter 3 of the
California Code of Regulations.
(Ord. 828 § 2, 2022)