(Ord. 488 § 2, 2021)
Single-family organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in Section 8.34.080 of this chapter:
A.
Shall subscribe to the city's organic waste collection services for all organic waste generated as described in subsection B of this section. The city shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust their service level for their collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste onsite, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
B.
Shall
participate in the city's organic waste collection services by placing
designated materials in designated containers as described below,
and shall not place prohibited container contaminants in collection
containers.
1.
A
three-and three-plus-container collection service (blue container,
green container, and gray container). Generators shall comply with
their collection service by placing designated materials in designated
containers as appropriate for their collection service in accordance
with the applicable option below:
Option A: If food waste is allowed in the green container, generators
shall place source separated green container organic waste, including
food waste, in the green container; source separated recyclable materials
in the blue container; and gray container waste in the gray container.
Generators shall not place materials designated for the gray container
into the green container or blue container.
Option B: If food waste is not allowed in the green container,
generators shall place source separated green container organic waste,
except food waste, in the green container; source separated recyclable
materials in the blue container; and mixed waste, including food waste,
in the gray container. Generators shall not place materials designated
for the green containers or blue containers in the gray containers.
(Ord. 488 § 2, 2021)
Generators that are commercial businesses, including multifamily
residential dwellings, shall:
A.
Subscribe to the city's collection services and comply with requirements of those services as described below in subsection B, except commercial businesses that meet the self-hauler requirements in Section 8.34.080 of this chapter. The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the city.
B.
Except commercial businesses that meet the self-hauler requirements in Section 8.34.080 of this chapter, participate in the city's organic waste collection services by placing designated materials in designated containers as described below.
1.
A
three-and three-plus-container collection service (blue container,
green container, and gray container). Generators shall comply with
their collection service by placing designated materials in designated
containers as appropriate for their collection service in accordance
with the applicable option below:
Option A: If food waste is allowed in the green container, generators
shall place source separated green container organic waste, including
food waste, in the green container; source separated recyclable materials
in the blue container; and gray container waste in the gray container.
Generators shall not place materials designated for the gray container
into the green container or blue container.
Option B: If food waste is not allowed in the green container,
generators shall place source separated green container organic waste,
except food waste, in the green container; source separated recyclable
materials in the blue container; and mixed waste, including food waste,
in the gray container. Generators shall not place materials designated
for the green containers or blue containers in the gray containers.
C.
Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (D)(1) and (D)(2) of this section) for employees, contractors, tenants, and customers, consistent with the city's blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.34.080 of this chapter.
D.
Excluding
multifamily residential dwellings, provide containers for the collection
of source separated green container organic waste and source separated
recyclable materials in all indoor and outdoor areas where disposal
containers are provided for customers, for materials generated by
that business. Such containers do not need to be provided in restrooms.
If a commercial business does not generate any of the materials that
would be collected in one type of container, then the business does
not have to provide that particular container in all areas where disposal
containers are provided for customers. Pursuant to 14 CCR Section
18984.9(b), the containers provided by the business shall have either:
1.
A
body or lid that conforms with the container colors provided through
the collection service provided by the city, with either lids conforming
to the color requirements or bodies conforming to the color requirements
or both lids and bodies conforming to color requirements. A commercial
business is not required to replace functional containers, including
containers purchased prior to January 1, 2022, that do not comply
with the requirements of the subsection prior to the end of the useful
life of those containers, or prior to January 1, 2036, whichever comes
first.
2.
Container
labels that include language or graphic images, or both, indicating
the primary material accepted and the primary materials prohibited
in that container, or containers with imprinted text or graphic images
that indicate the primary materials accepted and primary materials
prohibited in the container. Pursuant to 14 CCR Section 18984.8, the
container labeling requirements are required on new containers commencing
January 1, 2022.
F.
To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the applicable blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.34.080 of this chapter.
G.
Excluding
multifamily residential dwellings, periodically inspect blue containers,
green containers, and gray containers for contamination and inform
employees if containers are contaminated and of the requirements to
keep contaminants out of those containers pursuant to 14 CCR Section
18984.9(b)(3).
H.
Annually
provide information to employees, contractors, tenants, and customers
about organic waste recovery requirements and about proper sorting
of source separated green container organic waste and source separated
recyclable materials.
I.
Provide
education information before or within 14 days of occupation of the
premises to new ten-ants that describes requirements to keep source
separated green container organic waste and source separated recyclable
materials separate from gray container waste (when applicable) and
the location of containers and the rules governing their use at each
property.
J.
Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with Section 8.34.090 of this chapter to confirm compliance with the requirements of this chapter.
K.
Accommodate and cooperate with any remote monitoring program approved by the city, if applicable, for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate the generator's compliance with subsection B of this section. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.
L.
At commercial
business's option and subject to any approval required from the city,
implement a remote monitoring program for inspection of the contents
of its blue containers, green containers, and gray containers for
the purpose of monitoring the contents of containers to determine
appropriate levels of service and to identify prohibited container
contaminants. Generators may install remote monitoring devices on
or in the blue containers, green containers, and gray containers subject
to written notification to or approval by the city or its designee.
M.
If a commercial business wants to self-haul, meet the self-hauler requirements in Section 8.34.080 of this chapter.
(Ord. 488 § 2, 2021)
The city manager or designee may grant one or more of the following
waivers in accordance with SB 1383 Regulations to a generator of organic
waste:
A.
De Minimis
Waivers. The city manager or designee may waive a commercial business's
obligation (including multifamily residential dwellings) to comply
with some or all of the organic waste requirements of this chapter
if the commercial business provides documentation that the business
generates below a certain amount of organic waste material as described
in subsection (A)(2) of this section. Commercial businesses requesting
a de minimis waiver shall:
1.
Submit
an application specifying the services that they are requesting a
waiver from and provide documentation as noted in subsection (A)(2)
of this section.
2.
Provide
documentation that either:
a.
The commercial business's total solid waste collection service is
two cubic yards or more per week and organic waste subject to collection
in a blue container or green container comprises less than 20 gallons
per week per applicable container of the business's total waste; or
b.
The commercial business's total solid waste collection service is
less than two cubic yards per week and organic waste subject to collection
in a blue container or green container comprises less than 10 gallons
per week per applicable container of the business's total waste.
3.
Notify
the city if circumstances change such that commercial business's organic
waste exceeds the threshold required for waiver, in which case waiver
will be rescinded.
4.
Provide
written verification of eligibility for de minimis waiver every five
years, if city has approved de minimis waiver.
B.
Physical Space Waivers. The city manager or designee may waive a commercial business's or property owner's obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of Section 8.34.030 of this chapter.
A commercial business or property owner may request a physical
space waiver through the following process:
1.
Submit
an application form specifying the type(s) of collection services
for which they are requesting a compliance waiver.
2.
Provide
documentation that the premises lack adequate space for blue containers
and/or green containers, including documentation from its hauler,
licensed architect, or licensed engineer.
3.
Provide
written verification to the city that it is still eligible for physical
space waiver every five years if the city has approved application
for a physical space waiver.
(Ord. 488 § 2, 2021)
A.
Tier
one commercial edible food generators must comply with the requirements
of this section commencing January 1, 2022, and tier two commercial
edible 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 city's designated enforcement entity or designated third party
enforcement entity to access the premises and review records pursuant
to 14 CCR Section 18991.4.
5.
Keep
records that include the following information, or as otherwise specified
in 14 CCR Section 18991.4:
a.
A list of each food recovery service or organization that collects
or receives its edible food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
c.
A record of the following information for each of those food recovery
services or food recovery organizations:
i.
The name, address and contact information of the food recovery service
or food recovery organization.
ii.
The types of food that will be collected by or self-hauled to the
food recovery service or food recovery organization.
iii.
The established frequency that food will be collected or self-hauled.
iv.
The quantity of food, measured in pounds recovered per month, collected
or self-hauled to a food recovery service or food recovery organization
for food recovery.
D.
Nothing in 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. 488 § 2, 2021)
A.
Food
recovery services collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following
records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1.
The
name, address, and contact information for each commercial edible
food generator from which the service collects edible food.
2.
The
quantity in pounds of edible food collected from each commercial edible
food generator per month.
3.
The
quantity in pounds of edible food transported to each food recovery
organization per month.
4.
The
name, address, and contact information for each food recovery organization
that the food recovery service transports edible food to for food
recovery.
B.
Food
recovery organizations collecting or receiving edible food directly
from commercial edible food generators, via a contract or written
agreement established under 14 CCR Section 18991.3(b), shall maintain
the following records, or as otherwise specified by 14 CCR Section
18991.5(a)(2):
1.
The
name, address, and contact information for each commercial edible
food generator from which the organization receives edible food.
2.
The
quantity in pounds of edible food received from each commercial edible
food generator per month.
3.
The
name, address, and contact information for each food recovery service
that the organization receives edible food from for food recovery.
C.
Food
recovery organizations and food recovery services that have their
primary address physically located in the city and contract with or
have written agreements with one or more commercial edible food generators
pursuant to 14 CCR Section 18991.3(b) shall report to the city it
is located in the total pounds of edible food recovered in the previous
calendar year from the tier one and tier two commercial edible food
generators they have established a contract or written agreement with
pursuant to 14 CCR Section 18991.3(b) no later than July 30 and upon
the city's request.
D.
Food
Recovery Capacity Planning. Food Recovery Services and Food Recovery
Organizations. In order to support edible food recovery capacity planning
assessments or other studies conducted by the county, city, special
district that provides solid waste collection services, or its designated
entity, food recovery services and food recovery organizations operating
in the city shall provide information and consultation to the city,
upon request, regarding existing, or proposed new or expanded, food
recovery capacity that could be accessed by the city and its commercial
edible food generators. A food recovery service or food recovery organization
contacted by the city shall respond to such request for information
within 60 days, unless a shorter timeframe is otherwise specified
by the city.
(Ord. 488 § 2, 2021)
A.
Requirements
for Haulers.
1.
Exclusive
franchise hauler, non-exclusive franchised haulers, or permitted haulers
providing residential, commercial, or industrial organic waste collection
services to generators within the city's boundaries shall meet the
following requirements and standards as a condition of approval of
a contract, agreement, or other authorization with the city to collect
organic waste:
2.
Exclusive
franchise hauler, non-exclusive franchised haulers, or permitted haulers
authorization to collect organic waste shall comply with education,
equipment, signage, container labeling, container color, contamination
monitoring, reporting, and other requirements contained within its
franchise agreement, permit, license, or other agreement entered into
with the city.
B.
Requirements
for Facility Operators and Community Composting Operations.
1.
Owners
of facilities, operations, and activities that recover organic waste,
including, but not limited to, compost facilities, in-vessel digestion
facilities, and publicly-owned treatment works shall, upon city request,
provide information regarding available and potential new or expanded
capacity at their facilities, operations, and activities, including
information about throughput and permitted capacity necessary for
planning purposes. Entities contacted by the city shall respond within
60 days.
2.
Community
composting operators, upon city request, shall provide information
to the city to support organic waste capacity planning, including,
but not limited to, an estimate of the amount of organic waste anticipated
to be handled at the community composting operation. Entities contacted
by the city shall respond within 60 days.
(Ord. 488 § 2, 2021)
A.
Self-haulers
shall source separate all recyclable materials and organic waste (materials
that the city otherwise requires generators to separate for collection
in the city's organics and recycling collection program) generated
onsite from solid waste in a manner consistent with 14 CCR Sections
18984.1 and 18984.2, or shall haul organic waste to a high diversion
organic waste processing facility as specified in 14 CCR Section 18984.3.
B.
Self-haulers
shall haul their source separated recyclable materials to a facility
that recovers those materials; and haul their source separated green
container organic waste to a solid waste facility, operation, activity,
or property that processes or recovers source separated organic waste.
Alternatively, self-haulers may haul organic waste to a high diversion
organic waste processing facility.
C.
Self-haulers
that are commercial businesses (including multifamily residential
dwellings) shall keep a record of the amount of organic waste delivered
to each solid waste facility, operation, activity, or property that
processes or recovers organic waste; this record shall be subject
to inspection by the city. The records shall include the following
information:
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
onsite or employs scales incapable of weighing the self-hauler's vehicle
in a manner that allows it to determine the weight of materials received,
the self-hauler is not required to record the weight of material but
shall keep a record of the entities that received the organic waste.
(Ord. 488 § 2, 2021)
A.
City representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with Section 8.34.030 of this chapter, inspections for prohibited container contaminants may be conducted using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to Section 8.34.030(K) of this chapter.
B.
Regulated
entity shall provide or arrange for access during all inspections
(with the exception of residential property interiors) and shall cooperate
with the city's employee or its designated entity and/or designee
during such inspections and investigations. Such inspections and investigations
may include confirmation of proper placement of materials in containers,
edible food recovery activities, records, or any other requirement
of this chapter described herein. Failure to provide or arrange for
(1) access to an entity's premises; (2) installation and operation
of remote monitoring equipment; or (3) access to records for any inspection
or investigation is a violation of this chapter and may result in
penalties described.
C.
Any
records obtained by the city during its inspections, remote monitoring,
and other reviews shall be subject to the requirements and applicable
disclosure exemptions of the Public Records Act as set forth in Government
Code Section 6250 et seq.
D.
City
representatives, its designated entity, and/or designee are authorized
to conduct any inspections, remote monitoring, or other investigations
as reasonably necessary to further the goals of this chapter, subject
to applicable laws.
E.
The
city shall receive written complaints from persons regarding an entity
that may be potentially noncompliant with SB 1383 Regulations, including
receipt of anonymous complaints.
(Ord. 488 § 2, 2021)
A.
Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The city's procedures on imposition of administrative fines in Chapter 1.10 of this code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.
B.
Other
remedies allowed by law may be used, including civil action or prosecution
as misdemeanor or infraction. The city may pursue civil actions in
the California courts to seek recovery of unpaid administrative citations.
The city may choose to delay court action until such time as a sufficiently
large number of violations, or cumulative size of violations exist
such that court action is a reasonable use of city staff and resources.
C.
Responsible
Entity for Enforcement. Enforcement pursuant to this chapter may be
undertaken by the city enforcement official, which may be the city
manager or their designated entity, legal counsel, or combination
thereof.
D.
Process
for Enforcement.
1.
City enforcement officials and/or designee(s) will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Section 8.34.090 of this chapter establishes the city's right to conduct inspections and investigations.
2.
The
city may issue an official notification to notify regulated entities
of its obligations under this chapter.
3.
With
the exception of violations of generator contamination of container
contents, the city shall issue a notice of violation requiring compliance
within 60 days of issuance of the notice.
4.
Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 1.10, Administrative Citations and Penalties, of this code.
|
Notices shall be sent to "owner" at the official address of
the owner maintained by the tax collector for the city or, if no such
address is available, to the owner at the address of the dwelling
or commercial property or to the party responsible for paying for
the collection services, depending upon available information.
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E.
Penalty Amounts for Types of Violations. The penalty levels shall be as set forth in Section 1.16.010(B) of this code, subject to any minimum or maximum penalty amounts imposed by the SB 1383 Regulations.
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.
Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this Section 8.34.100 of this chapter if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
H.
Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Chapter 1.10 of this code.
I.
Education
Period for Noncompliance. Beginning January 1, 2022 and through December
31, 2023, the city will conduct inspections, remote monitoring, route
reviews or waste evaluations, and compliance reviews, depending upon
the type of regulated entity, to determine compliance, and if the
city determines that organic waste generator, self-hauler, hauler,
tier one commercial edible food generator, food recovery organization,
food recovery service, or other entity is not in compliance, it shall
provide educational materials to the entity describing its obligations
under this chapter and a notice that compliance is required by January
1, 2022, and that violations may be subject to administrative civil
penalties starting on January 1, 2024.
J.
Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to Section 8.34.100 of this chapter, as needed.
K.
Applicability
of Chapter. This chapter shall only apply to the state of California
and its subdivisions, including the local education agencies, to the
extent provided by applicable law.
(Ord. 488 § 2, 2021)
In addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of this municipal code, violations of the provisions of this chapter are subject to the administrative penalty provisions of Chapter 1.10 of this code.
(Ord. 488 § 2, 2021)
