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40000, et seq., as amended, supplemented, superseded, and replaced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and repealed Section 41780.02 of, the Public Resources Code, as amended,
supplemented, superseded and replaced from time to time), places requirements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:
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).
means city of Crescent City, California.
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.
means a review of records by a jurisdiction or regional agency
to determine compliance with this chapter.
means construction and demolition debris.
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.
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 jurisdiction to address noncompliance
with this chapter, including, but not limited to, issuing administrative
citations, fines, penalties, or using other remedies.
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.
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 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).
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 records and documentation required to be kept under
Section 18995.2 of the SB 1383 regulations.
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).
means Del Norte County.
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.
means an event, including, but not limited to, a sporting
event or a flea market, that charges an admission price, or is operated
by a local agency, and serves an average of more than two thousand
individuals per day of operation of the event, at a location that
includes, but is not limited to, a public, nonprofit, or privately
owned park, parking lot, golf course, street system, or other open
space when being used for an event. If the definition in 14 CCR Section
18982(a)(38) differs from this definition, the definition in 14 CCR
Section 18982(a)(38) shall apply to this chapter.
means a permanent venue facility that annually seats or serves
an average of more than two thousand individuals within the grounds
of the facility per day of operation of the venue facility. For purposes
of 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.
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):
Special district(s) located within the boundaries of the jurisdiction.
Federal facilities, including federal parks, located within
the boundaries of the jurisdiction.
Prison(s) located within the boundaries of the jurisdiction.
Facilities operated by the state park system located within
the boundaries of the jurisdiction.
Public universities (including community colleges) located within
the boundaries of the jurisdiction.
County fairgrounds located within the boundaries of the jurisdiction.
State agencies located within the boundaries of the jurisdiction.
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).
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).
means any corporation, company, partnership, firm, or association
as well as a natural person.
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 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 the Del Norte Solid Waste Management Authority, a regional
agency as defined in Public Resources Code Section 40181.
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.
means either the city or another entity acting on its behalf
by way of agreement, such as the regional agency.
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).
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).
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:
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 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 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 two hundred fifty or more seats, or a total
facility size equal to or greater than five thousand square feet.
Hotel with an on-site food facility and two hundred or more
rooms.
Health facility with an on-site food facility and one hundred
or more beds.
Large venue.
Large event.
A state agency with a cafeteria with two hundred fifty or more
seats or total cafeteria facility size equal to or greater than five
thousand square feet.
A local education agency facility with an on-site food facility.
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.
In conformance
with Section 18995.2 of the SB 1383 regulations, the city, regional
agency by agreement, will store and maintain the implementation record
for the city in the manner required in the regulations. If the regional
agency agrees to store and maintain the implementation record, then
the city is responsible to provide all necessary information and records
for the purpose.
B.
The
city, or the regional agency by way of agreement, shall be the reporting
authority and shall prepare and submit the initial jurisdiction compliance
report and jurisdiction annual reports to CALRecycle in compliance
with Sections 18994.1 and 18994.2 of the regulations.
C.
The
reporting authority shall submit the edible food recovery capacity
required reports in accordance with the schedule established in Section
18992.3 of the regulations.
D.
Upon
request by a CALRecycle representative, the reporting authority will
provide access to the implementation record within ten business days.
In conformance with the California Public Records Act (Government
Code Section 6250 et seq.) the reporting authority will also respond
to a request for public records contained in the implementation record.
(Ord. 828 § 2, 2022)
A.
A list
of food recovery organizations as identified in the SB 1383 regulations
at Section 18982(a)(25)(A)–(B) and food recovery services operating
within the city shall be maintained on the city's website. The list
shall be updated annually and include, at a minimum, the following
information about each food recovery organization and each food recovery
service:
B.
At least
annually the city shall:
1.
Provide
commercial edible food generators with the following information:
a.
Information about the city's edible food recovery program established
pursuant to Section 18991.1 of the regulations.
b.
Information about the commercial edible food generator requirements specified in Article 10 of Chapter 12 of the regulations.
c.
Information about food recovery organizations and food recovery services
operating within the city, and where a list of those food recovery
organizations and food recovery services can be found.
d.
Information about actions that commercial edible food generators
can take to prevent the creation of food waste.
2.
The
city may provide this information by including it with regularly scheduled
notices to those commercial businesses.
C.
Through
email, letters, or other direct communication, the city or the regional
agency, by way of agreement, shall annually notify tier one and tier
two commercial edible food generators within the city of their food
recovery requirements as established pursuant to Sections 18991.3
and 18991.4 of the SB 1383 regulations. Such notification shall include
corresponding resources to assist in compliance with the applicable
food recovery requirements.
(Ord. 828 § 2, 2022)
A.
Tier one commercial edible food generators must comply with the requirements of this Section 8.32.060 commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, in accordance with Section 18991.3 of the SB 1383 regulations.
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 a food recovery organization
or food recovery service 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 and/or the regional agency to access the premises and review
records pursuant to Section 18991.4 of the regulations.
5.
Keep
records that include the following information, or as otherwise specified
in Section 18991.4 of the regulations:
a.
A list of each food recovery service or food recovery organization
that collects or receives its edible food pursuant to a contract or
written agreement established under Section 18991.3(b) of the regulations.
b.
A copy of all contracts or written agreements established under Section
18991.3(b) of the regulations.
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.
6.
No later than March 1st of each year and commencing no later than March 1, 2023 for tier one commercial edible food generators and March 1, 2025 for tier two commercial edible food generators, provide an annual food recovery report to the city and/or regional agency, as directed by the city, that includes all information listed above in Section 8.32.060(C)(5).
D.
Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. 828 § 2, 2022)
A.
Food
recovery services collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement
established under Section 18991.3(b) of the SB 1383 regulations, shall
maintain the following records, or as otherwise specified by Section
18991.5(a)(1) of the regulations:
1.
The
name, address, and contact information for each commercial edible
food generator from which the food recovery 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 Section 18991.3(b) of the regulations,
shall maintain the following records, or as otherwise specified by
Section 18991.5(a)(2) of the regulations:
1.
The
name, address, and contact information for each commercial edible
food generator from which the food service 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 food recovery 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 Section 18991.3(b) of the regulations 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
no later than March 1st of each year.
D.
Food
Recovery Capacity Planning.
1.
In
order to support edible food recovery capacity planning assessments
or other studies conducted by the city or another entity on its behalf,
food recovery services and food recovery organizations operating in
the jurisdiction 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.
2.
The
city will cooperate and coordinate with the county in its edible food
recovery capacity planning and reporting requirements pursuant to
Sections 18992.2 and 18992.3 of the regulations.
(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)
A.
Persons
applying for a permit from the city for new construction and building
additions and alterations must comply with the following required
components of the California Green Building Standards Code, 24 CCR,
Part 11, known as CALGreen, as amended and effective January 1, 2020,
if the project is covered by the scope of CALGreen:
B.
The
city shall annually report to the reporting authority the number of
projects subject to the following:
1.
The
adequate space requirements for recycling containers for new construction
of multifamily residential dwellings and new commercial construction
and additions.
2.
Requirements
and applicable laws related to management of construction and demolition
(C&D) from disposal, including tracking of C&D debris diversion
and annually reporting to the reporting authority in compliance with
SB 1383 regulations.
(Ord. 828 § 2, 2022)
A.
The
city is responsible for Model Water Efficient Landscaping Ordinance
(MWELO) compliance, including the tracking and reporting of compost
and mulch use requirements and annually reporting to the reporting
authority in compliance with the SB 1383 regulations.
B.
The
city hereby adopts the following provisions of the Model Water Efficient
Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the California
Code of Regulations as amended September 15, 2015:
1.
Section
492.6(a)(3)(C): 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.
2.
Section
492.6(a)(3)(D): 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.
3.
Section
492.6(a)(3)(G): Organic mulch materials made from recycled or post-consumer
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.
(Ord. 828 § 2, 2022)
A.
The
city shall procure paper products, and printing and writing paper,
consistent with the following:
1.
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.
2.
Paper
products and printing and writing paper shall be eligible to be labeled
with an unqualified recyclable label as defined in 16 Code of Federal
Regulations (CFR) Section 260.12 as published January 1, 2013, which
is hereby incorporate by reference.
B.
All
vendors from whom the city purchases paper products and printing and
writing paper must certify in writing:
1.
The
minimum percentage if not the exact percentage, of postconsumer material
in the paper products and printing and writing paper offered or sold
to the city. The certification shall be furnished under penalty of
perjury in a form and manner determined by the city. The certification
requirement is 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.
2.
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 CFR Section 260.12 as published January 1,
2013, which is hereby incorporated by reference.
C.
The
city is responsible for tracking and reporting of procurement by each
department and annually reporting to the reporting authority in compliance
with the SB 1383 regulations.
(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)
A.
City
employees, and any entity acting on behalf of the city, are authorized
to conduct inspections and investigations, at random or otherwise,
of any commercial businesses (including multifamily residential dwellings),
property, commercial edible food generators, haulers, self-haulers,
food recovery services, and food recovery organizations, subject to
applicable laws, to determine compliance with this chapter. This section
does not authorize entry into the interior of a private residential
property for inspection.
B.
Any
person subject to the regulations and requirements of this chapter
shall provide or arrange for access during all inspections (with the
exception of residential property interiors) and shall cooperate with
the city's employees (or the city's designee's employees) 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. Failure to provide or arrange for: (1) access to
the premises that are the subject of inspection and investigation;
or (2) access to records for any inspection or investigation is a
violation of this chapter and may result in penalties described herein.
C.
Any
records obtained by the city, or any entity acting on its behalf,
during its inspections, investigations 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.
The
city, or any entity acting on its behalf, shall receive written complaints
regarding a person that may be potentially noncompliant with SB 1383
regulations, including receipt of anonymous complaints.
(Ord. 828 § 2, 2022)
A.
Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by the city. Enforcement actions under this chapter include the issuance of an administrative citation and assessment of a fine pursuant to the procedures contained in Chapter 1.24 of the Crescent City Municipal Code, as amended from time to time.
B.
Other
remedies allowed by law may also be used, including the prosecution
of a civil action or criminal action as either a 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 the city's staff and resources.
C.
The
city is responsible for enforcement of this chapter. The regional
agency may make enforcement recommendations.
D.
Process
for Enforcement.
1.
The
city, or regional enforcement officials by agreement, will monitor
compliance with this chapter randomly and through compliance reviews,
investigation of complaints, and an inspection program.
2.
The
city may issue an official notification to notify regulated entities
of their obligations under this chapter.
3.
The
city shall issue a notice of violation requiring compliance within
sixty 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.
5.
The
notice of violation shall include the following information:
a.
The name(s), or account name(s) if different, of each person to whom
it is directed.
b.
A factual description of the violation of this chapter, including
the specific section(s) being violated.
c.
A compliance date by which the person or entity is to take specified
action(s).
d.
The penalty for not complying within the specified compliance date.
6.
The
city may extend compliance deadlines set forth in a notice of violation
if it finds that extenuating circumstances beyond the control of the
respondent make compliance within the deadlines impracticable. For
purposes of this section, extenuating circumstances are:
a.
Acts of God such as, earthquakes, wildfires, flooding, and other
emergencies or natural disasters;
b.
Delays in obtaining discretionary permits or other government agency
approvals; and
c.
Deficiencies in organic waste recycling capacity infrastructure or
edible food recovery capacity, and the city/county is under a corrective
action plan pursuant to Section 18996.2 of the regulations due to
those deficiencies.
E.
Penalty
Amounts for Types of Violations. The penalty levels are as follows:
1.
For
a first violation, the amount of the base penalty shall be fifty dollars
to one hundred dollars per violation.
2.
For
a second violation, the amount of the base penalty shall be one hundred
dollars to two hundred dollars per violation.
3.
For
a third or subsequent violation, the amount of the base penalty shall
be two hundred fifty dollars to five hundred dollars per violation.
F.
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:
1.
The
nature, circumstances, and severity of the violation(s).
2.
The
violator's ability to pay.
3.
The
willfulness of the violator's misconduct.
4.
Whether
the violator took measures to avoid or mitigate violations of this
chapter.
5.
Evidence
of any economic benefit resulting from the violation(s).
6.
The
deterrent effect of the penalty on the violator.
7.
Whether
the violation(s) were due to conditions outside the control of the
violator.
G.
Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to the procedures described in Chapter 1.24 of the Crescent City Municipal Code.
H.
Education
Period for Noncompliance. Beginning January 1, 2022 and through December
31, 2023, the city, or the regional agency by way of agreement, will
conduct inspections and compliance reviews, depending upon the type
of regulated entity, to determine compliance, and if the city or regional
agency determines that a 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 the entity's obligations under
this chapter and a notice that compliance is required as of January
1, 2022, and that violations may be subject to administrative civil
penalties starting on January 1, 2024.
I.
Enforcement
Table. The following is a list of potential violations for entities
subject to this chapter.
|
Table 1. List of Violations
| |
|---|---|
|
Requirement
|
Description of Violation
|
|
Commercial Edible Food Generator Requirement
|
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
|
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
|
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.
|
|
Organic Waste Generator, Commercial Business Owner, Commercial
Edible Food Generator, Food Recovery Organization or Food Recovery
Service
|
Failure to provide or arrange for access to an entity's premises
for any inspection or investigation.
|
|
Recordkeeping Requirements for Commercial Edible Food Generator
|
Tier one or tier two commercial edible food generator fails to keep records, as prescribed by Section 8.32.060.
|
|
Recordkeeping Requirements for Food Recovery Services and Food
Recovery Organizations
| |
|
Commercial Business and Commercial Business Owner Responsibility
Requirement
|
Commercial business fails to provide or arrange for organic
waste collection services consistent with city requirements for employees,
contractors, tenants, and customers, including supplying and allowing
access to adequate numbers, size, and location of containers and sufficient
signage.
|
|
Facility Sampling and Monitoring
|
Solid waste facilities fail to conduct required sampling and
monitoring.
|
(Ord. 828 § 2, 2022)
