For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms not defined in this section and defined elsewhere in this Code shall have the same meanings herein unless the context otherwise requires. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. In the event of a conflict between a definition in this Code and a definition in 14 CCR Section 18982, the definitions in Section 18982 shall control for the purposes of this chapter. Additionally for the purposes of this chapter, the definitions in Section 18982 shall control for terms used in this chapter but not defined in this Code. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded, and replaced from time to time.
"Authorized collector"
means such persons, firms or corporations collecting and delivering for disposal, recycling, or processing solid waste (other than solid waste generated by a permitted building project) originating in the City under a contract or franchise agreement with the City.
"Blue container"
has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of source separated recyclable materials. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022, that are used for the storage and collection of source separated recyclable materials and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) shall be deemed to be blue containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
"California Code of Regulations" or "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).
"CalRecycle"
means the California Department of Resources Recycling and Recovery, which is the department designated with the responsibility for developing, implementing, and enforcing the SB 1383 regulations on the City (and others).
"City Manager"
means the City Manager of the City of Mill Valley, or designee, which may include City employees.
"Collection"
means to take physical possession of solid waste at, and remove from, the place of generation for transport to a solid waste facility or other recovery activity.
"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 multi-family dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily dwelling that consists of five or more dwelling units is "commercial" for the purposes of this chapter.
"Commercial edible food generator"
means a tier one, or a tier two commercial edible food generator as defined herein. Food recovery organizations and food recovery services are not commercial edible food generators.
"Compost"
has the same meaning as in 14 CCR Section 17896.2(a)(4).
"Community composting"
means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4), or as otherwise defined in 14 CCR Section 18982(a)(8).
"Composting"
means the process of controlled biological decomposition of organic waste.
"Compostable plastic(s)"
means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
"Construction and demolition debris" or "C&D"
means used or discarded materials resulting from construction, renovation, remodeling, repair, demolition, excavation or construction clean-up operations on any pavement or structure.
"Container" or "collection container"
means any bin, box or cart used for the purpose of holding solid waste for collection, including gray/black container, green container, and blue container.
"County"
means the County of Marin.
"Designated collection location"
means the place where an authorized collector has contracted with either the City or a private entity to pick up gray/black containers, blue containers, and/or green containers. This location will customarily be the curbside of a residential or multifamily neighborhood or the service alley of a commercial (or multifamily) enterprise.
"Designee"
means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this chapter as authorized in 14 CCR Section 18981.2, or as otherwise defined in 14 CCR Section 18982(a)(15). A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
"Disposal"
means the final disposition of solid waste at a solid waste facility permitted for disposal.
"Dwelling unit"
means one or more rooms with internal access between all rooms, which provide complete independent living facilities for at least one family, including provisions for living, sleeping, eating, cooking, bathing, and sanitary facilities.
"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 food recovery that does not meet the food safety requirements of the State Retail Food Code.
"Enforcement action"
means an action of the City or the City's designee, including the enforcement agency, to address noncompliance with this chapter, including, but not limited to, issuing administrative notices, citations, fines, penalties, or using other remedies.
"Enforcement agency"
means an entity with the authority to enforce part, or all of this chapter as specified herein. Employees and agents of an enforcement agency may carry out inspections and enforcement activities pursuant to this chapter. Nothing in this chapter authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity and the City or designee. The City is an enforcement agency for all sections of this chapter. The City may choose to additionally delegate enforcement responsibility for certain sections to other public entities, including the Marin Hazardous and Solid Waste Joint Powers Authority (Zero Waste Marin) and the county.
"Enforcement Official"
means the City Manager or the City's authorized designee(s), including employees and agents of the enforcement agency, who is/are partially or wholly responsible for enforcing this chapter.
"Excluded waste"
means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in class III landfills or accepted at the facility by permit conditions, waste that in the City's Enforcement Official's or its designee's, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose 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 State Public Resources Code.
"Food distributor"
means a company that distributes food to entities, including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
"Food facility"
has the same meaning as in Section 113789 of the State 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,"
unless otherwise defined in 14 CCR Section 18982(a)(25), 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 State Health and Safety Code; a nonprofit charitable organization as defined in Section 113841 of the State Health and Safety Code; and a nonprofit charitable temporary food facility as defined in Section 113842 of the State Health and Safety Code.
"Food recovery service"
means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
"Food service provider"
means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
"Food-soiled paper"
means compostable paper materials that have come into contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
"Food waste"
means food-soiled paper; food scraps, such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells; and trimmings and other putrescible waste that result from food production, preparation, cooking, storage, consumption, or handling. Food waste does not include exempt waste or fats, oils, and grease when such materials are source separated from other food waste.
"Garbage"
means all non-recyclable packaging and other solid waste attributed to normal activities of a generator stored and collected in the gray/black container that prohibits the placement of organic waste as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). Garbage does not include source separated recyclable materials, source separated organic materials, debris from construction and demolition, large items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste. Notwithstanding the foregoing, garbage does include dead animals not exceeding 10 pounds in weight and textiles.
"Generator"
mean a person or entity, including generators that are commercial businesses and residential generators, that is responsible for the initial creation of solid waste and with respect to organic materials, means a person or entity that is responsible for the initial creation of organic materials, or as otherwise defined as "organic waste generator" in 14 CCR Section 18982(a)(48).
"Gray/black container"
has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of garbage. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022, that are used for the storage and collection of garbage and that do not comply with the color requirements of 14 CCR Section 18982(a)(28) shall be deemed to be gray/black containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
"Green container"
has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of source separated organic materials. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022, that are used for the storage and collection of source separated organic waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) shall be deemed to be green containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
"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).
"High diversion organic waste processing facility"
means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022 and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5), or as otherwise defined in 14 CCR Section 18982(a)(33).
"Inspection"
means a site visit where the City or its designee reviews records, containers, and an entity's collection, handling, recycling, or disposal of solid 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).
"Large event"
means an event, including, but not limited to, a sporting event or a flea market that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event, or as otherwise defined in 14 CCR Section 18982(a)(38).
"Large venue,"
unless otherwise defined in 14 CCR Section 18982(a)(39), 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.
"Local education agency"
means a school district, charter school, or county office of education that is not subject to the control of the City's or county's regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
"Multifamily" or "multiple family dwelling"
means a building or buildings designed for or used as dwelling units for two or more families or housekeeping units living independently of each other, including condominiums, apartment houses, flats, rooming and boarding houses for three or more separate tenants, but not including automobile courts, motels, apartment hotels, or rest homes.
"MWELO"
means the Model Water Efficient Landscape Ordinance, 23 CCR, Division 2, Chapter 2.7.
"Non-compostable paper"
means paper that is coated in a plastic material that will not break down in the composting process or other similar material, or as otherwise defined in 14 CCR Section 18982(a)(41).
"Notice of violation"
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 material" or "organic waste"
means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food waste, green 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).
"Paper products"
means paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, toweling and other similar products, or as otherwise defined in 14 CCR Section 18982(a)(51).
"Printing and writing papers"
means 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, publications, and other similar products, or as otherwise defined in 14 CCR Section 18982(a)(54).
"Person"
means any person or persons, company, firm, association, partnership, corporation, or other entity acting as principal, agent or officer, servant, or employee, for themselves or for any other person, firm, or corporation.
"Premises"
includes a tract or parcel of land with or without habitable buildings or appurtenant structures, or as otherwise defined in 14 CCR, Section 17225.50. For purposes of this chapter the word premises includes residential and commercial uses of the land, whether owned, leased, rented or subrented, including every dwelling house, dwelling unit, apartment house or multiple-dwelling building, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, office building, department store, manufacturing, processing or assembling shop or plant, warehouse and every other place or premises where any person resides, or any business is carried on or conducted within the City.
"Prohibited container contaminants"
means, unless otherwise defined in 14 CCR Section 18982(a)(55): (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for collection in the blue container (including discarded materials placed in one side of a split blue container that are not identified as acceptable source separated recyclable materials for collection in that side of a split blue container); (2) discarded materials placed in collection in the green container that are not identified as acceptable source separated organic materials for collection in the green container; (3) discarded materials placed in the gray/black container that are acceptable source separated recyclable materials to be placed in the blue container and/or source separated organic materials to be placed in the green container; and (4) exempt waste placed in any container.
"Recyclable materials"
means paper, glass, cardboard, plastics, ferrous metals, aluminum, and other similar materials that if source separated would be considered source separated recyclable materials.
"Recycled-content paper"
means paper products and printing and writing papers that consist of at least 30%, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
"Recycling" or "recycle"
means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become garbage and returning them for use or reuse in the form of raw materials for new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace. Recycling does not include transformation as defined in State Public Resources Code Section 40201.
"Remote monitoring"
means the use, at the discretion of the City, of the Internet of Things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray/black containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
"Residential"
means, for the purposes of this chapter, any premises consisting of between one and four dwelling units, and onsite domestic uses accessory to these dwelling units. A multifamily dwelling that consists of fewer than five dwelling units is "residential" for the purposes of this chapter.
"Restaurant"
means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
"SB 1383"
means Senate Bill 1383 of 2016 approved by the Governor of the State on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the State Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the State Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants.
"SB 1383 regulations"
means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that implement SB 1383 and create 14 CCR, Division 7, Chapter 12 and amended portions of 14 CCR and 27 CCR.
"Self-hauler"
means a person who, who in compliance with all applicable requirements of this Code, hauls solid waste, including garbage, organic waste, or recyclable materials they have generated to another person, or as otherwise defined in 14 CCR Section 18982(a)(66). Self-hauler also includes a person who back-hauls waste. "Back-haul" means generating and transporting organic materials 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 189881(a)(66)(A).
"Solid waste,"
unless otherwise defined in State Public Resources Code Section 40191, means all putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, recyclable materials, organic materials, demolition and construction wastes, bulky waste, abandoned vehicles, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes with the exception that solid waste does not include any of the following wastes: (1) hazardous waste, as defined in State Public Resources Code Section 40141(2); radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code); and (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 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 Public Resources Code. Recyclable materials and organic materials are solid waste.
"Solid waste collection service"
means collection of solid waste originating in the City, by an authorized collector.
"Solid waste facility" or "facility"
means a solid waste transfer or processing station including a material recovery facility, a recycling facility, a composting facility, a gasification facility, a transformation facility, an engineered municipal solid waste conversion facility, a high diversion organic waste processing facility and a disposal facility. Solid waste facility additionally includes a solid waste operation that may be carried out pursuant to an enforcement agency notification, as provided in regulations adopted by CalRecycle, or otherwise set forth in the Public Resources Code.
"Source separate" or "source separated"
means the process of removing recyclable materials, including commingled recyclable materials, and organic materials from garbage and other solid waste at the place of generation, prior to collection, for the purpose of additional sorting or processing of 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 separate shall include placement of materials, at the place of generation, by the generator, property owner, property owner's employee, property manager, or property manager's employee into separate containers designated for recyclable materials and organic materials such that those materials are separated from garbage or other solid waste for the purposes of collection and processing of those materials.
"Source separated organic materials"
means any organic waste designated by the City or designee and the authorized collector. Source separated organic materials excludes source separated recyclable materials, carpets, non-compostable paper, and textiles.
"Source separated recyclable materials"
means any material designated by the City or designee and the authorized collector to be source separated for purposes of recycling and storage and collection in the blue container. Recyclable materials are currently limited to paper, glass, cardboard, plastics, ferrous metal, and aluminum and exclude source separated organic materials.
"State"
means the State of California.
"Supermarket"
means a full-time, self-service retail store with gross annual sales of $2,000,000.00, or more, and which sells a line of dry groceries, 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 as defined in 14 CCR Section 18982(a)(73):
1. 
Supermarkets;
2. 
Grocery store with a total facility size equal to or greater than 10,000 square feet;
3. 
Food service provider;
4. 
Wholesale food vendor;
5. 
Food distributor.
"Tier two commercial edible food generator"
means a commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a)(74):
1. 
Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet;
2. 
Hotel with an on-site food facility and 200 or more rooms;
3. 
Health facility with an on-site food facility and 100 or more beds;
4. 
Large venue;
5. 
Large event;
6. 
A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet;
7. 
A local education agency facility with an on-site food facility.
"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. 307 §§ 2, 13, July 30, 1941; Ord. 453 § 2; Ord. 671 § 2, May 1, 1967; Ord. 1333 § 10, March 21, 2022)
Generators, the authorized collector, and other entities that are subject to the requirements of SB 1383 and the SB 1383 regulations and the City's authority shall fully comply with all applicable requirements of SB 1383, the SB 1383 regulations, this chapter, and the provisions of any collections agreement between the City and an authorized collector in effect. In the event of a conflict between the provisions of this chapter and other provisions of this Code, the provisions of this chapter shall control. In the event of a conflict between the provisions of the SB 1383 Regulations and the provisions of this chapter, the SB 1383 regulations shall control.
(Ord. 1333 § 10, March 21, 2022)
A. 
It shall be unlawful for any person to dispose of, compost, recycle or otherwise process any solid waste in the City in any other manner than by causing the same to be collected by the authorized collector of the City. This provision shall not apply in any case to self-haulers pursuant to Section 7.040.150 or where food waste is disposed of by grinding and depositing the same into the sewer system of the City or collected by regular collectors for hog feeding or tallow and fat rendering purposes.
B. 
Nothing in this chapter limits the right of any person to donate, sell, or otherwise remove their source separated recyclable materials so long as the removal otherwise complies with this chapter.
C. 
Source separated organic materials may be fed to animals on the premises where such organic materials is produced, provided that the premises are always kept in a sanitary condition to the satisfaction of the City Manager; and provided further that the keeping and feeding of such animals shall at all times conform to the applicable regulations of those entities governing the same now in force or which there-after may be enacted or promulgated.
D. 
Source separated organic materials may be used in on-site composting or community composting pursuant to 14 CCR Section 18984.9(c), provided that such operation conforms to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.
(Ord. 307 § 2.1, July 30, 1941; Ord. 374, November 1, 1950; Ord. 1333 § 10, March 21, 2022)
Each residential generator shall subscribe to a level of solid waste collection service with the authorized collector that the City or designee finds is sufficient to handle the volume of garbage, source separated recyclable materials, and source separated organic materials generated or accumulated on the premises and comply with requirements of those collection services and shall participate in the solid waste collection service as required under Section 7.04.120 of this chapter. Residential generators may self-haul source separated recyclable materials and/or source separated organic materials pursuant to Section 7.04.180 of this chapter.
(Ord. 1333 § 10, March 21, 2022)
A. 
Generators that are commercial businesses, including multifamily dwellings consisting of five or more dwelling units, large events, and large venues, shall:
1. 
Subscribe to a level of solid waste collection service with the authorized collector that the City or designee determines is sufficient to handle the volume of garbage, recyclable materials and organic materials generated or accumulated on the premises (generators that are commercial businesses may self-haul source separated recyclable materials and/or source separated organic materials pursuant to Section 7.04.180 of this chapter);
2. 
Participate in the solid waste collection service and ensure the proper separation of solid waste, as established by the authorized collector, by placing each type of material in designated collection containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on-site conduct proper source separation of solid waste as required under Section 7.04.120 of this chapter (generators that are commercial businesses may self-haul source separated recyclable materials and/or source separated organic materials pursuant to Section 7.04.180 of this chapter);
3. 
Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors, conforming with requirements of this section, for employees, contractors, tenants, and customers, consistent with the solid waste collection service;
4. 
Annually provide information to employees, contractors, tenants, and customers about organic materials recovery requirements and about proper sorting of source separated recycled materials and source separated organic materials;
5. 
Provide educational information before, or within, 14 days of occupation of the premises to new tenants that describes requirements to keep source separated organic materials and source separated recyclable materials separate from garbage and the location of collection containers and the rules governing their use at each property;
6. 
Accommodate and cooperate with the authorized collector's monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator's compliance;
7. 
If generating two cubic yards or more of total solid waste per week (or other threshold defined by the state), require that any contract or work agreement between the owner, occupant, or operator of the commercial business and a gardening or landscaping service specify that the organic waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the State Public Resources Code;
8. 
Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements pursuant to Section 7.04.190 of this Code.
9. 
If a commercial generator self-hauls, meet the self-haul requirements in Section 7.04.180 of this Code.
B. 
Except for commercial businesses that are multifamily dwellings consisting of five or more dwelling units, generators that are commercial businesses shall:
1. 
Provide containers for the collection of source separated organic materials and source separated recyclable materials in all indoor and outdoor areas where garbage disposal containers are provided for customers. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a commercial generator does not generate any of the materials that would be collected in one type of collection container, then it is not required to provide that type of collection container in all areas where garbage disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the collection containers provided by the commercial business shall have either:
a. 
A body or lid that is gray or black for collection of garbage, blue for collection of source separated recycling, and green for collection of source separated organic materials. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
b. 
Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container, or as otherwise required by 14 CCR Section 18984.8.
2. 
Prohibit employees from placing materials in a container not designated for those materials per the solid waste collection service pursuant to 14 CCR Section 18984.1(a)(5).
3. 
Periodically inspect green containers, blue containers, and gray/black 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).
(Ord. 1333 § 10, March 21, 2022)
A. 
It is unlawful to place or permit to remain any solid waste except in a suitable covered container supplied by the authorized collector as set forth in this chapter.
B. 
Generators shall arrange for a size, quantity, and collection frequency of collection containers to adequately store all solid waste generated in connection with the premise, and without being filled to with-in four inches of the top, all the solid waste which would ordinarily accumulate on said premises in such time as would ordinarily elapse before the same would be removed by the authorized collector, or otherwise disposed of, as provided in this Chapter. The City or designee shall have the right to review the number and size of such collection containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the City in order to meet the standards set forth in this chapter.
C. 
Authorized collector shall provide suitable and sufficient watertight collection containers with suitable bales or handles, and each having a tight-fitting cover, for receiving and holding without leakage, or escape of odors. The specific nature of the required collection containers shall be established as from time to time approved by the City or designee and the authorized collector.
D. 
Except as expressly provided by this section, no solid waste collection containers other than those owned or rented by the City shall be placed or kept in or on any public street, sidewalk, footpath, or any public place whatsoever, but shall be maintained on the premises in a location and manner so as not to be visible from the public street and where they will not be a public nuisance or in any degree offensive. Notwithstanding the foregoing, collection containers may be placed on the day(s) and in the designated collection locations for removal and emptying of said collection containers but shall be removed within 24 hours of the day of collection.
(Ord. 307 § 3, July 30, 1941; Ord. 694 § 1, September 16, 1968; Ord. 1333 § 10, March 21, 2022)
It shall be unlawful for any person to deposit or keep, burn, or bury any solid waste, as defined in this chapter, on any premises except at a solid waste facility or except as in the manner provided in Section 7.04.180 hereof.
(Ord. 307 § 4, July 30, 1941; Ord. 1333 § 10, March 21, 2022)
All solid waste shall be collected not less than once a week or as specified in collection agreements; whichever service requirement is greater.
(Ord. 307 § 7, July 30, 1941; Ord. 1333 § 10, March 21, 2022)
A. 
It shall be unlawful for any person, other than the authorized collector or a generator meeting the self-hauler requirements of Section 7.04.180 of this Code, to collect, transport, dispose, or process solid waste within the City.
B. 
The City's authorized collector providing residential or commercial solid waste collection service for organic materials 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 or designee to collect organic materials:
1. 
Through written notice to the City or designee on or before January 1, 2022, and annually on January 1 thereafter, identify the facilities to which they will transport organic materials including facilities for source separated recyclable materials and source separated organic materials.
2. 
Comply with the applicable requirements of 14 CCR, Division 7, Chapter 12, Article 3.
3. 
Transport source separated recyclable materials and source separated organic materials to a facility, operation, activity, or property that recovers organic materials as defined in 14 CCR, Division 7, Chapter 12, Article 2.
4. 
Obtain approval from the City Manager pursuant to 14 CCR Section 18988.1 and keep a record of the documentation of its approval by the City Manager.
C. 
Paragraph B of this section is not applicable to a person that, consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the State Public Resources Code, is transporting source separated organic materials to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and the applicable requirements of this Code.
(Ord. 307 § 8, July 30, 1941; Ord. 391, January 2, 1952; Ord. 1333 § 10, March 21, 2022)
The City Council of Mill Valley is authorized and empowered, for and on behalf of the City, in its name and through its Mayor, to enter into any contract, exclusive or otherwise, with any person for the right and privilege of collecting solid waste within the City, as governed by the provisions of this chapter, upon such terms and conditions consistent with this chapter and set forth in any such contract as the City Council may deem for the best interests of the City, for any period from one to 16 years, which period shall be fixed by any such contract, at the rates and for the prices hereinafter set forth, which such contract shall refer to this chapter and make it a part of such contract.
(Ord. 307 § 11, July 30, 1941; Ord. 828 § 1, August 19, 1974; Ord. 1333 § 10, March 21, 2022)
Any person entering into any contract with the City of Mill Valley pursuant to the terms and conditions of this chapter shall have the right to charge the party, whether an individual, association, company, partnership, or corporation, from whom any such solid waste is collected, and such parties shall pay to such authorized collector for such service at the specified rates established by resolution of the City Council adopted and amended from time to time.
(Ord. 307 § 12, July 30, 1941; Ord. 453 § 1; Ord. 671 § 1; Ord. 678 § 1; Ord. 693 § 1, September 3, 1968; Ord. 713 § 1, March 2, 1970; Ord. 821 § 1, June 17, 1974; Ord. 1333 § 10, March 21, 2022)
A. 
Every person subject to this chapter shall subscribe to the level of solid waste collection service as required under Section 7.04.040 or Section 7.04.050. In the case of any leased or rented single family residential or multifamily premises or dwelling unit, the owner, manager, or other persons having charge or control of the premises shall subscribe for such solid waste collection service for each family residing therein and shall be responsible for payment of the charges therefor. If any person shall fail to subscribe for solid waste collection service as required herein, unless the person demonstrates they meet the self-hauler requirements of this Code in Section 7.04.180 or have a waiver pursuant to Section 7.04.170 of this Code, the City Manager shall presume that a nuisance exists upon the premises which have not been provided with such solid waste collection service. The authorized collector shall give written notice to the City Manager of the address of any occupied premises within the City of Mill Valley for which the solid waste collection service has not been subscribed. The City Manager shall then serve written notice upon the person required to subscribe for such service informing them of the requirement of this section. The notice shall direct the person to subscribe with the authorized collector for solid waste collection service within five days after service of the notice or to request a hearing before the City Manager within said five days to show cause why they should not be required to so subscribe. The notice shall further state that if the person shall fail to comply with its directions within a 10-day period, the City Manager will abate the nuisance presumed to be existing upon the premises by ordering the authorized collector to provide solid waste collection service for the premises, and that the charges of the authorized collector therefor, together with the administrative costs incurred by the City in the abatement of the nuisance will be assessed and become a lien against the real property upon which the premises serviced are located.
B. 
The notice specified herein shall be deemed served when it is deposited in the United States mail within the City of Mill Valley, postage prepaid, addressed to the person entitled to notice at his or her last known place of address as shown on the assessment roll of the county, and if no such address is there shown or known, then to General Delivery, Mill Valley, California. A copy of the notice referred to herein shall be mailed to the authorized collector. The authorized collector shall notify the City Manager in writing whether the person upon whom the notice is served has within 10 days after such service subscribed for solid waste collection service. If the notice is required to be served upon any person other than the owner of record of any leased or rented premises, a copy of the notice shall be served upon the owner of record of such leased or rented premises.
C. 
Generators shall place source separated organic materials, including food waste, in the green container; place source separated recyclable materials in the blue container; and place garbage in the gray/black container. Generators shall not place prohibited container contaminants into the gray/black container, green container, or blue container.
D. 
Generators shall provide or arrange for access during all inspections and investigations (with the exception of a private dwelling unit) and cooperate with the City Manager or authorized collector during such inspections and investigations as described in Section 7.04.230.
(Ord. 307 § 14, July 30, 1941; Ord. 453 § 3; Ord. 694 § 2, September 16, 1968; Ord. 1333 § 10, March 21, 2022)
If any person required to subscribe for solid waste collection service hereunder shall fail to pay for such service when payment becomes due, such failure shall be deemed to immediately terminate the subscription for such service, the authorized collector shall immediately notify the City Manager, and the City Manager shall proceed under the provisions of Section 7.04.120.
(Ord. 307 § 15, July 30, 1941; Ord. 694 § 2, September 16, 1968; Ord. 1333 § 10, March 21; 2022)
If the City Manager finds that any person upon whom notice was served pursuant to Section 7.04.130 has failed within the time specified therein to subscribe for solid waste collection service, the City Manager may order the authorized collector to provide such solid waste collection service and to remove any accumulated solid waste. The authorized collector shall, during the period it provides service ordered by the City Manager, charge the City or designee therefor at the applicable rates specified in Section 7.04.110, and may charge the City or designee any additional amount which may be necessary for the removal and disposal of accumulated solid waste found upon the premises at the time service is ordered by the City Manager. The City shall become liable to pay such charges only when they have become a lien upon the real property upon which the premises served are located, and then only to the extent that such lien is collected. The City Manager shall with respect to each parcel of real property provided with the solid waste collection service pursuant to their order keep an account of the charges presented to the City or designee therefor by the authorized collector together with the administrative costs incurred by the City in the abatement of the nuisance pursuant to this section. The City Manager shall present such charges to the City Council and such charges and costs shall, pursuant to resolution, be assessed and become a lien against the real property. The City Manager shall certify such costs to the Tax Collector of the county, and, pursuant to the provisions of Government Code Section 38773.5, such assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and to the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. The administrative costs in any abatement proceeding conducted pursuant to this chapter shall be based upon the actual expense incurred by the City or designee in addition to any charges presented by the authorized collector.
(Ord. 307 § 16, July 30, 1941; Ord. 694 § 2, September 2, 1968; Ord. 1333 § 10, March 21, 2022)
The uncontrolled release of balloons into the environment, whether they are biodegradable or not, is prohibited. It is unlawful for any person to intentionally release, organize the release of, or intentionally cause to be released, uncontrolled balloons of any material within Mill Valley City limits, except for balloons released by a person on behalf of a governmental agency or for scientific or meteorological purposes.
(Ord. 1292 § 2, May 1, 2017; Ord. 1333 § 10, March 21, 2022)
A. 
Pursuant to 14 CCR Section 18984.11, the City Manager, at the City Manager's discretion and in accordance with 14 CCR Section 18984.11, or as otherwise authorized by CalRecycle, may grant one or more of the following waivers to a commercial business.
1. 
De Minimis Waivers. The City Manager may waive a commercial business's (including multi-family dwellings consisting of five or more dwelling units) obligation to comply with some or all organic waste requirements in Sections 7.04.050 and 7.04.120 of this chapter if the commercial business provides documentation, or the City has evidence demonstrating, that the commercial business generates below a certain amount of organic waste as described below in subsection (A)(1)(b). Commercial businesses requesting a de minimis waiver shall:
a. 
Submit an application specifying the service(s) they are requesting a waiver from mandatory collection service and provide documentation noted in subsection (A)(1)(b).
b. 
Provide documentation that either:
i. 
The commercial business's total solid waste collection is two or more cubic yards per week and organic materials subject to collection in a blue container or a green container comprise less than 20 gallons per week of the business's total weekly solid waste volume; or
ii. 
The commercial business's total solid waste collection is less than two cubic yards per week and organic materials subject to collection in the blue container or the green container comprise less than 10 gallons per week of the business's total weekly solid waste volume.
iii. 
For the purposes of subsections (i) and (ii) above, weekly solid waste collection shall be the sum of weekly gray/black container volume, blue container volume and green container volume, measured in cubic yards.
c. 
Notify the City Manager if circumstances change such that the volume of the commercial business's organic materials placed in the blue container or green container exceeds the threshold required for waiver, in which case the waiver will be rescinded. In addition, if the City obtains information at any time that a commercial business that has received a waiver is exceeding the organic waste thresholds set forth in subsection (A)(2) above, the City shall rescind the waiver.
d. 
Provide written verification of eligibility to the City or designee that it is still eligible for a de minimis waiver every five years if the City has approved an application for a de minimis waiver.
2. 
Physical Space Waivers. The City may waive a commercial business's (including multifamily dwellings with five or more dwelling units) or property owner's obligations to comply with some or all of the organic materials collection service requirements in Sections 7.04.040, 7.04.050 and 7.04.120 of this chapter, if the commercial business or property owner provides documentation, or if the City has evidence from its own staff, an authorized collector, licensed architect, or licensed engineer, demonstrating that the premises lacks adequate space for the collection containers required for compliance with collection service requirements of this chapter. A commercial business or property owner requesting a physical space waiver shall:
a. 
Submit an application form specifying the type(s) of collection services for which they are requesting a waiver from mandatory collection service and provide the documentation noted in subsection (A)(2)(b).
b. 
Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its authorized collector, licensed architect, or licensed engineer.
c. 
Notify the City if circumstances change such that the commercial business or property owner has adequate space for blue containers and/or green containers, in which case the waiver will be rescinded. In addition, if the City obtains information at any time that a commercial business or property owner has adequate space for such containers, the City shall rescind the waiver.
d. 
Provide written verification to the City or designee that it is still eligible for a physical space waiver every five years if the City has approved an application for a physical space waiver.
(Ord. 1333 § 10, March 21, 2022)
A. 
Self-haulers of organic materials shall comply with the requirements of 14 CCR Section 18988.3.
B. 
Self-haulers shall: (1) source separate all recyclable materials and organic waste generated on site from solid waste in a manner consistent with 14 CCR Section 18984.1 and shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated organic materials to a solid waste facility, operation, activity, or property that processes or recovers source separated organic materials; or (2) shall haul all organic materials (whether source separated or not) to a high diversion organic waste processing facility.
C. 
Self-haulers that are commercial businesses (including multifamily dwellings with five or more dwelling units) shall keep a record of the amount of organic materials delivered to each solid waste facility, operation, activity, or property that processes or recovers organic materials; this record shall be subject to inspection by the City or designee. 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 materials.
(Ord. 1333 § 10, March 21, 2022)
A. 
Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
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 Enforcement Official 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).
b. 
A copy of all contracts or written agreements 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 this chapter shall be construed to limit or conflict with the protections provided by the State 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 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 State Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. 1333 § 10, March 21, 2022)
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 is 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 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 April 1.
D. 
In order to support edible food recovery capacity planning assessments or other studies conducted by the county, City, or special district that provides solid waste collection services, or the designated entity of the foregoing, food recovery services and food recovery organizations operating in the City or designee shall provide information and consultation to the City or designee, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City or designee and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City or designee shall respond to such request for information within 60 days unless a shorter timeframe is otherwise specified by the City or designee.
(Ord. 1333 § 10, March 21, 2022)
Notwithstanding Section 20.60.300 of this Code, 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, at a minimum, 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 amended September 15, 2015.
(Ord. 1333 § 10, March 21, 2022)
A. 
The City Manager, authorized collector, or designee is authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. This may include inspections and investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing, or disposal facility to confirm compliance with this chapter, subject to applicable laws. This section does not allow entry in a private dwelling unit for inspection. For the purposes of inspecting collection containers for compliance, the City Manager, authorized collector or designee may conduct container inspections for prohibited container contaminants using remote monitoring, and generators shall accommodate and cooperate with the remote monitoring.
B. 
A person subject to the requirements of this chapter shall provide or arrange for access during all inspections (with the exception of a private dwelling unit) and shall cooperate with the City Manager, authorized collector, or designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure to provide or arrange for: (1) access to the premises; (2) installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or (3) access to records for any inspection or investigation is a violation of this chapter and may result in penalties.
C. 
Any records obtained by the City Manager, authorized collector, or designee, during inspections, investigations, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the State Public Records Act.
D. 
The City Manager or designee shall accept written complaints from persons regarding an entity that may be potentially non-compliant with this chapter, including receipt of anonymous complaints in accordance with 14 CCR Section 18995.3.
(Ord. 307 § 17, July 30, 1941; Ord. 1333 § 10, March 21, 2022)
A. 
A violation of any provision of this chapter that occurs after January 1, 2024, shall constitute an infraction and will be grounds for issuance of a notice of violation and assessment of an administrative citation and penalty by the City's Enforcement Official in accordance with 14 CCR Section 18995.4.
1. 
Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative citations and fines as contained in Chapters 8.01, 8.02, 8.03 and 8.04 of this Code shall govern the imposition, enforcement, collection, and review of administrative citations and fines issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this section. Any section of this chapter may be enforced by the Enforcement Official.
2. 
The Enforcement Official may issue a notice of violation requiring compliance within 60 days of issuance of the notice, in accordance with 14 CCR Section 18995.4.
B. 
The provisions of subsection A do not apply to violations related to a generator placing prohibited container contaminants in containers. The Enforcement Official shall enforce such violations through the notice provisions of 14 CCR Section 18984.5(b) and the contamination processing fees pursuant to the provisions of the applicable agreement between the City and its authorized collector.
C. 
Absent compliance by the respondent within the deadline set forth in the notice of violation, the City Manager or Enforcement Official shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the City's standard procedures or the standard procedures of the enforcement agency and consistent with 14 CCR Sections 18997.1 and 18997.2.
1. 
For the purposes of this chapter penalty levels for violations of this chapter are as follows:
i. 
For a first violation, the penalty shall be $100.00 per violation.
ii. 
For a second violation, the penalty shall be $200.00 per violation.
iii. 
For a third or subsequent violation, the penalty shall be $500.00 per violation.
2. 
The City may extend compliance deadlines set forth in a notice of violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable. For the purposes of this section extenuating circumstances are the following:
i. 
Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
ii. 
Delays in obtaining discretionary permits or other government agency approvals; or
iii. 
Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
D. 
Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The City or designee may pursue civil actions in the state courts to seek recovery of unpaid administrative citations, and fines. The City or designee 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.
(Ord. 1333 § 10, March 21, 2022)