This chapter shall be entitled "Mandatory Organic Waste Disposal
Reduction."
(Added by Ord. 21-1474, adopted 12/14/21)
has the same meaning as in 14 CCR Section 18982.2(a)(28)
and shall be used for the purpose of storage and collection of Black
Container Waste.
means Solid Waste that is collected in a Black Container
that is part of a three-container Organic Waste collection service
that prohibits the placement of Organic Waste in the Black Container
as specified in 14 CCR Section 18984.1(a) and (b), or as otherwise
defined in 14 CCR Section 17402(a)(6.5).
has the same meaning as in 14 CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of Source
Separated Recyclable Materials or Source Separated Blue Container
Organic Waste.
means the State of California Code of Regulations. CCR references
in this chapter are preceded with a number that refers to the relevant
Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
means California's Department of Resources Recycling and
Recovery, which is the Department designated with responsibility for
developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions
(and others).
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, strip
mall, industrial facility, or a Multi-Family Residential Dwelling,
or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family
Residential Dwelling that consists of fewer than five units is not
a Commercial Business for purposes of implementing this chapter.
includes a Tier One or a Tier Two Commercial Edible Food
Generator as defined in this section or as otherwise defined in 14
CCR Sections 18982(a)(73) and (a)(74). For the purposes of this definition,
Food Recovery Organizations and Food Recovery Services are not Commercial
Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
means any activity that composts source-separated green material,
agricultural material, food material, and vegetative food material,
alone or in combination, and the total amount of feedstock and Compost
on-site at any one time does not exceed 100 cubic yards and 750 square
feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise
defined by 14 CCR Section 18982(a)(8).
means a review of records by the Jurisdiction to determine
compliance with this chapter.
has the same meaning as in 14 CCR Section 17896.2(a)(4),
which stated, as of the effective date of this chapter, that "Compost"
means the product resulting from the controlled biological decomposition
of organic Solid Wastes that are Source Separated from the municipal
Solid Waste stream, or which are separated at a centralized facility.
means plastic materials that meet the ASTM D6400 standard
for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A)
or 18984.2(a)(1)(C).
means a container, regardless of color, that contains Prohibited
Container Contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
means construction and demolition debris.
means material that is either commingled with other forms
of solid waste, or that is collected, recovered, transported or otherwise
handled in exchange for the net payment by the generator of a fee,
or other consideration, in any form or amount, regardless of whether
the material is destined, or intended as feedstock, for recycling,
recovery, reuse, processing, composting, anaerobic digestion, rendering,
animal feed, or disposal.
as defined in 14 CCR Section 18982(14.5), means a Solid Waste
facility that accepts a Source Separated Organic Waste collection
stream as defined in 14 CCR Section 17402(a)(26.6) and complies with
one of the following:
The facility is a "transfer/processor," as defined in 14 CCR
Section 18815.2(a)(62), that is in compliance with the reporting requirements
of 14 CCR Section 18815.5(d), and meets or exceeds an annual average
Source Separated organic content Recovery rate of 50% between January
1, 2022 and December 31, 2024 and 75% on and after January 1, 2025
as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste
received from the Source Separated Organic Waste collection stream.
If a transfer/processor has an annual average Source Separated
organic content Recovery rate lower than the rate required in Paragraph
(1) of this definition for two consecutive reporting periods, or three
reporting periods within three years, the facility shall not qualify
as a "Designated Source Separated Organic Waste Facility".
The facility is a "composting operation" or "composting facility"
as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the
reports submitted under 14 CCR Section 18815.7 demonstrates that the
percent of the material removed for landfill disposal that is Organic
Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2)
or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies
with the digestate handling requirements specified in 14 CCR Section
17896.5.
If the percent of the material removed for landfill disposal
that is Organic Waste is more than the percent specified in 14 CCR
Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two consecutive reporting
periods, or three reporting periods within three years, the facility
shall not qualify as a "Designated Source Separated Organic Waste
Facility." For the purposes of this chapter, the reporting periods
shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).
means an entity that the City contracts with or otherwise
arranges to carry out any of the City's responsibilities of this chapter
as authorized in 14 CCR Section 18981.2. A Designee may be a government
entity, a hauler, a private entity, or a combination of those entities.
means food intended for human consumption, or as otherwise
defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter
or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food"
is not Solid Waste if it is source-separated, recovered, and is not
discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter
12 requires or authorizes the Recovery of Edible Food that does not
meet the food safety requirements of the California Retail Food Code.
means an action of the Jurisdiction to address noncompliance
with this chapter, including, but not limited to, issuing administrative
citations, fines, penalties, or using other remedies.
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 Jurisdiction
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 Jurisdictions, 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 Jurisdiction, 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 Multi-Family Solid Waste after implementation of
programs for the safe collection, processing, recycling, treatment,
and disposal of batteries and paint in compliance with Sections 41500
and 41802 of the California Public Resources Code. Excluded Waste
does not include used motor oil and filters, household batteries,
universal wastes, and/or latex paint when such materials are defined
as allowable materials for collection through the Jurisdiction's collection
programs and the generator or customer has properly placed the materials
for collection pursuant to instructions provided by Jurisdiction or
its Designee for collection services.
means a company that distributes food to entities, including,
but not limited to, Supermarkets and Grocery Stores, or as otherwise
defined in 14 CCR Section 18982(a)(22).
has the same meaning as in Section 113789 of the Health and
Safety Code.
means actions to collect and distribute food for human consumption
that otherwise would be disposed, or as otherwise defined in 14 CCR
Section 18982(a)(24).
means an entity that is not a solid waste enterprise or a
renderer, and 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 that are not a Solid Waste enterprise or a renderer, or as
otherwise defined in 14 CCR Section 18982(a)(25), including, but not
limited to:
A food bank as defined in Section 113783 of the Health and Safety
Code;
A nonprofit charitable organization as defined in Section 113841
of the Health and Safety code; and
A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code.
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A Food Recovery Organization is not a Commercial Edible Food
Generator for the purposes of this chapter and implementation of 14
CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery
Organization differs from this definition, the definition in 14 CCR
Section 18982(a)(25) shall apply to this chapter.
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means a person or entity that is not a solid waste enterprise
or a renderer, and that collects and transports Edible Food from a
Commercial Edible Food Generator to a Food Recovery Organization or
other entities for Food Recovery, or as otherwise defined in 14 CCR
Section 18982(a)(26). A Food Recovery Service is not a Commercial
Edible Food Generator for the purposes of this chapter and implementation
of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
means all discarded food such as, but not limited to, fruits,
vegetables, meat, poultry, seafood, shellfish, bones, rice, beans,
pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils,
and grease when such materials are Source Separated from other Food
Scraps.
means an entity primarily engaged in providing food services
to institutional, governmental, Commercial, or industrial locations
of others based on contractual arrangements with these types of organizations,
or as otherwise defined in 14 CCR Section 18982(a)(27).
is compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates,
paper coffee cups, napkins, pizza boxes, and milk cartons.
means Food Scraps, Food-Soiled Paper, and Compostable Plastics.
has the same meaning as in 14 CCR Section 18982.2(a)(29)
and shall be used for the purpose of storage and collection of Source
Separated Green Container Organic Waste.
means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and
poultry; and any area that is not separately owned within the store
where the food is prepared and served, including a bakery, deli, and
meat and seafood departments, or as otherwise defined in 14 CCR Section
18982(a)(30).
means the designated itinerary or sequence of stops for each
segment of the Jurisdiction's collection service area, or as otherwise
defined in 14 CCR Section 18982(a)(31.5).
means a facility that is in compliance with the reporting
requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
annual average Mixed Waste organic content Recovery rate of 50% between
January 1, 2022 and December 31, 2024, and 75% after January 1, 2025,
as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste
received from the "Mixed Waste Organic Collection Stream" as defined
in 14 CCR Section 17402(a)(11.5); or as otherwise defined in 14 CCR
Section 18982(a)(33).
means a site visit where a Jurisdiction reviews records,
containers, and an entity's collection, handling, recycling, or landfill
disposal of Organic Waste or Edible Food handling to determine if
the entity is complying with requirements set forth in this chapter,
or as otherwise defined in 14 CCR Section 18982(a)(35).
means the City of Downey.
means the city manager or their authorized Designee(s) who
is/are partially or whole responsible for enforcing this chapter.
See also "Regional or County Agency Enforcement Official."
means an event, including, but not limited to, a sporting
event or a flea market, that charges an admission price, or is operated
by a local agency, and serves an average of more than 2,000 individuals
per day of operation of the event, at a location that includes, but
is not limited to, a public, nonprofit, or privately owned park, parking
lot, golf course, street system, or other open space when being used
for an event. If the definition in 14 CCR Section 18982(a)(38) differs
from this definition, the definition in 14 CCR Section 18982(a)(38)
shall apply to this chapter.
means a permanent venue facility that annually seats or serves
an average of more than 2,000 individuals within the grounds of the
facility per day of operation of the venue facility. For purposes
of this chapter and implementation of 14 CCR, Division 7, Chapter
12, a venue facility includes, but is not limited to, a public, nonprofit,
or privately owned or operated stadium, amphitheater, arena, hall,
amusement park, conference or civic center, zoo, aquarium, airport,
racetrack, horse track, performing arts center, fairground, museum,
theater, or other public attraction facility. For purposes of this
chapter and implementation of 14 CCR, Division 7, Chapter 12, a site
under common ownership or control that includes more than one Large
Venue that is contiguous with other Large Venues in the site, is a
single Large Venue. If the definition in 14 CCR Section 18982(a)(39)
differs from this definition, the definition in 14 CCR Section 18982(a)(39)
shall apply to this chapter.
means a school district, charter school, or county office
of education that is not subject to the control of city or county
regulations related to Solid Waste, or as otherwise defined in 14
CCR Section 18982(a)(40).
means of, from, or pertaining to residential premises with
five or more dwelling units, inclusive of primary and accessory dwelling
units. Multi-Family premises do not include hotels, motels, or other
transient occupancy facilities, which are considered Commercial Businesses.
refers to the Model Water Efficient Landscape Ordinance (MWELO),
23 CCR, Division 2, Chapter 2.7.
includes, but is not limited to, paper that is coated in
a plastic material that will not breakdown in the composting process,
or as otherwise defined in 14 CCR Section 18982(a)(41).
means the following entities that are not subject to the
Jurisdiction's enforcement authority, or as otherwise defined in 14
CCR Section 18982(a)(42):
Special district(s) located within the boundaries of the Jurisdiction,
including Southeast Area Animal Control Authority.
County properties located within the boundaries of the Jurisdiction,
including, but not limited to, Rancho Los Amigos National Rehabilitation
Center, Rancho Los Amigos South Campus, Los Angeles Superior Court
– Downey Courthouse, LA County Office of Education, and LA County
Library Headquarters.
means non-putrescible and non-hazardous recyclable wastes,
including, but not limited to, bottles, cans, metals, plastics and
glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
means Solid Wastes containing material originated from living
organisms and their metabolic waste products, including, but not limited
to, food, green material, landscape and pruning waste, organic textiles
and carpets, lumber, wood, Paper Products, Printing and Writing Paper,
manure, biosolids, digestate, and sludges or as otherwise defined
in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined
by 14 CCR Section 18982(a).
means a person or entity that is responsible for the initial
creation of Organic Waste; any person who owns, controls, or has possession
or control of any real property where Organic Waste is created or
generated; or as otherwise defined in 14 CCR Section 18982(a)(48).
include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated
boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section
18982(a)(51).
include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, posters, index cards, calendars,
brochures, reports, magazines, and publications, or as otherwise defined
in 14 CCR Section 18982(a)(54).
means the following: (1) discarded materials placed in the
Blue Container that are not identified as acceptable Source Separated
Recyclable Materials for the Jurisdiction's Blue Container; (2) discarded
materials placed in the Green Container that are not identified as
acceptable Source Separated Green Container Organic Waste for the
Jurisdiction's Green Container; (3) discarded materials placed in
the Black Container that are acceptable Source Separated Recyclable
Materials and/or Source Separated Green Container Organic Wastes to
be placed in Jurisdiction's Green Container and/or Blue Container;
and (4) Excluded Waste placed in any container.
means products made from California, landfill-diverted recovered
Organic Waste processed in a permitted or otherwise authorized facility,
or as otherwise defined in 14 CCR Section 18982(a)(60).
means Paper Products and Printing and Writing Paper that
consists of at least 30%, by fiber weight, postconsumer fiber, or
as otherwise defined in 14 CCR Section 18982(a)(61).
means regional agency as defined in Public Resources Code
Section 40181.
means a regional or county agency enforcement official, designated
by the Jurisdiction with responsibility for enforcing this chapter
in conjunction or consultation with Jurisdiction Enforcement Official.
means the use of the Internet of Things (IoT) and/or wireless
electronic devices to visualize the contents of Blue Containers, Green
Containers, and Black Containers for purposes of identifying the quantity
of materials in containers (level of fill) and/or presence of Prohibited
Container Contaminants.
means an establishment primarily engaged in the retail sale
of food and drinks for on-premises or immediate consumption, or as
otherwise defined in 14 CCR Section 18982(a)(64).
means a visual Inspection of containers along a Hauler Route
for the purpose of determining Container Contamination, and may include
mechanical Inspection methods such as the use of cameras, or as otherwise
defined in 14 CCR Section 18982(a)(65).
means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7,
and 39730.8 to the Health and Safety Code, and added Chapter 13.1
(commencing with Section 42652) to Part 3 of Division 30 of the Public
Resources Code, establishing methane emissions reduction targets in
a Statewide effort to reduce emissions of short-lived climate pollutants
as amended, supplemented, superseded, and replaced from time to time.
means a person, who hauls Solid Waste, Organic Waste or recyclable
material he or she has generated to another person, entity, or location.
Self-hauler also includes a person who back-hauls waste, or as otherwise
defined in 14 CCR Section 18982(a)(66). Back-haul means generating
and transporting Organic Waste to a destination owned and operated
by the generator using the generator's own employees and equipment,
or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
means of, from, or pertaining to any residential premises
with fewer than five units, inclusive of primary and accessory dwelling
units.
has the same meaning as defined in State Public Resources
Code Section 40191, which defines Solid Waste as all putrescible and
nonputrescible solid, semi-solid, and liquid wastes, including garbage,
trash, refuse, paper, rubbish, ashes, industrial wastes, demolition
and construction wastes, abandoned vehicles and parts thereof, discarded
home and industrial appliances, dewatered, treated, or chemically
fixed sewage sludge which is not hazardous waste, manure, vegetable
or animal solid and semi-solid wastes, and other discarded solid and
semi-solid wastes, with the exception that Solid Waste does not include
any of the following wastes:
Hazardous waste, as defined in the State Public Resources Code
Section 40141.
Radioactive waste regulated pursuant to the State Radiation
Control Law (Chapter 8 (commencing with Section 114960) of Part 9
of Division 104 of the State Health and Safety Code).
Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division
104 of the State Health and Safety Code). Untreated medical waste
shall not be disposed of in a Solid Waste landfill, as defined in
State Public Resources Code Section 40195.1. Medical waste that has
been treated and deemed to be Solid Waste shall be regulated pursuant
to Division 30 of the State Public Resources Code.
means materials, including commingled recyclable materials,
that have been separated or kept separate from the Solid Waste stream,
at the point of generation, for the purpose of additional sorting
or processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products, which meet the quality standards
necessary to be used in the marketplace, or as otherwise defined in
14 CCR Section 17402.5(b)(4). For the purposes of this chapter, Source
Separated shall only include separation of materials by the generator,
property owner, property owner's employee, property manager, or property
manager's employee into different containers for the purpose of collection
such that Source Separated materials are separated from Black Container
Waste or other Solid Waste for the purposes of collection and processing.
Materials exhibiting contamination of more than 2%, measured either
by weight or by volume, shall be deemed to have not been source-separated
for purposes of this chapter.
means Source Separated Organic Wastes that can be placed
in a Blue Container that is limited to the collection of those Organic
Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43),
or as otherwise defined by Section 17402(a)(18.7).
means Source Separated Organic Waste that can be placed in
a Green Container that is specifically intended for the separate collection
of Organic Waste by the generator, excluding Source Separated Blue
Container Organic Waste, carpets, Non-Compostable Paper, and textiles.
means Source Separated Non-Organic Recyclables and Source
Separated Blue Container Organic Waste.
means the State of California.
means a full-line, self-service retail store with gross annual
sales of $2,000,000, or more, and which sells a line of dry grocery,
canned goods, or nonfood items and some perishable items, or as otherwise
defined in 14 CCR Section 18982(a)(71).
means a Commercial Edible Food Generator that is one of the
following:
means a Commercial Edible Food Generator that is one of the
following:
Restaurant with 250 or more seats, or a total facility size
equal to or greater than 5,000 square feet.
Hotel with an on-site Food Facility and 200 or more rooms.
Health facility with an on-site Food Facility and 100 or more
beds.
Large Venue.
Large Event.
A State agency with a cafeteria with 250 or more seats or total
cafeteria facility size equal to or greater than 5,000 square feet.
means a collection service that collects green waste and
yard waste that is placed in a pile or bagged for collection on the
street in front of a generator's house or place of business for collection
and transport to a facility that recovers Source Separated Organic
Waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables)
is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination, or as otherwise defined
in 14 CCR Section 189852(a)(76).
(Added by Ord. 21-1474, adopted 12/14/21)
(STANDARD COMPLIANCE APPROACH).
Single-Family Organic Waste Generators shall comply with the
following requirements:
(a)
Shall subscribe to the Jurisdiction's Organic Waste collection services for all Organic Waste generated as described below in subsection (b) of this section. The Jurisdiction 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 its service level for its collection services as requested by the Jurisdiction. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(b)
Shall participate in the Jurisdiction's Organic Waste collection
service(s) by placing designated materials in designated containers
as described below, and shall not place Prohibited Container Contaminants
in collection containers.
(1)
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 Black Container Waste in the
Black Container. Generators shall not place materials designated for
the Black Container into the Green Container or Blue Container.
(Added by Ord. 21-1474, adopted 12/14/21)
(STANDARD-COMPLIANCE APPROACH).
Generators that are Commercial Businesses, including Multi-Family
Residential Dwellings, shall:
(a)
Subscribe to the Jurisdiction's three-container collection services and comply with requirements of those services as described below in subsection (b) of this section, except Commercial Businesses that meet the Self-Hauler requirements in Section 5938 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 Jurisdiction.
(b)
Except Commercial Businesses that meet the Self-Hauler requirements
in Section 5938 of this chapter, participate in the Jurisdiction's
Organic Waste collection service(s) by placing designated materials
in designated containers as described below.
(1)
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 Black Container Waste in the
Black Container. Generators shall not place materials designated for
the Black Container into the Green Container or Blue Container.
(c)
Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (d)(1) and (d)(2) below) for employees, contractors, tenants, and customers, consistent with the Jurisdiction's Blue Container, Green Container, and Black Container collection service or, if self-hauling, per the Commercial Businesses' instructions to support its compliance with its Self-Hauler program, in accordance with Section 5938.
(d)
Excluding Multi-Family Residential Dwellings, provide containers
for the collection of Source Separated Green Container Organic Waste
and Source Separated Recyclable Materials in all indoor and outdoor
areas where disposal containers are provided for customers, for materials
generated by that business. Such containers do not need to be provided
in restrooms. If a Commercial Business does not generate any of the
materials that would be collected in one type of container, then the
business does not have to provide that particular container in all
areas where disposal containers are provided for customers. Pursuant
to 14 CCR Section 18984.9(b), the containers provided by the business
shall have either:
(1)
A body or lid that conforms with the container colors provided through
the collection service provided by the City, with either lids conforming
to the color requirements or bodies conforming to the color requirements
or both lids and bodies conforming to color requirements. A Commercial
Business is not required to replace functional containers, including
containers purchased prior to January 1, 2022, that do not comply
with the requirements of the subsection prior to the end of the useful
life of those containers, or prior to January 1, 2036, whichever comes
first.
(2)
Container labels that include language or graphic images, or both,
indicating the primary material accepted and the primary materials
prohibited in that container, or containers with imprinted text or
graphic images that indicate the primary materials accepted and primary
materials prohibited in the container. Pursuant 14 CCR Section 18984.8,
the container labeling requirements are required on new containers
commencing January 1, 2022.
(f)
To the extent practical through education, training, Inspection,
and/or other measures, excluding Multi-Family Residential Dwellings,
prohibit employees from placing materials in a container not designated
for those materials per the Jurisdiction's Blue Container, Green Container,
and Black Container collection service or, if self-hauling, per the
Commercial Businesses' instructions to support its compliance with
its Self-Hauler program, in accordance with Section 5938.
(g)
Excluding Multi-Family Residential Dwellings, periodically inspect
Blue Containers, Green Containers, and 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).
(h)
Annually provide information to employees, contractors, tenants,
and customers about Organic Waste Recovery requirements and about
proper sorting of Source Separated Green Container Organic Waste and
Source Separated Recyclable Materials.
(i)
Provide education information before or within 14 days of occupation
of the premises to new tenants that describes requirements to keep
Source Separated Green Container Organic Waste and Source Separated
Recyclable Materials separate from Black Container Waste (when applicable)
and the location of containers and the rules governing their use at
each property.
(j)
Provide or arrange access for the Jurisdiction or its agent to their
properties during all Inspections conducted in accordance with Section
5942 of this chapter to confirm compliance with the requirements of
this chapter.
(k)
Nothing in this Section prohibits a generator from preventing or
reducing waste generation, managing Organic Waste on site, or using
a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(l)
Commercial Businesses that are Tier One or Tier Two Commercial Edible
Food Generators shall comply with Food Recovery requirements, pursuant
to Section 5935.
(Added by Ord. 21-1474, adopted 12/14/21)
(a)
De Minimis Waivers. The Jurisdiction may waive a Commercial Business' obligation (including Multi-Family 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) below. Commercial Businesses requesting a de minimis waiver shall:
(1)
Submit an application to the Jurisdiction specifying the services
that they are requesting a waiver from and provide documentation as
noted in subsection (a)(2) below.
(2)
Provide documentation that either:
(A)
The Commercial Business' 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' total waste; or
(B)
The Commercial Business' 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' total waste.
(3)
Notify the Jurisdiction if circumstances change such that Commercial
Business's Organic Waste exceeds 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 the Jurisdiction has approved de minimis waiver.
(b)
Physical Space Waivers. The Jurisdiction may waive a
Commercial Business' or property owner's obligations (including Multi-Family
Residential Dwellings) to comply with some or all of the recyclable
materials and/or Organic Waste collection service requirements if
the Jurisdiction has evidence from its own staff, a hauler, licensed
architect, or licensed engineer demonstrating that the premises lacks
adequate space for the collection containers required for compliance
with the Organic Waste collection requirements of Section 5933. A
Commercial Business or property owner may request a physical space
waiver through the following process:
(1)
Submit an application form to the Jurisdiction 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 jurisdiction that it is still
eligible for physical space waiver every five years, if the Jurisdiction
has approved application for a physical space waiver.
(c)
Review and Approval of Waivers by the Jurisdiction. The
Jurisdiction's Public Works Department in conjunction with the City's
Code Enforcement Division will be responsible for review and approval
of waivers. The City's authority to issue a waiver cannot be delegated
to a private entity pursuant to the SB 1383 Regulations (14 CCR Section
18984.11(c)).
(Added by Ord. 21-1474, adopted 12/14/21)
(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 Jurisdiction'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).
(Added by Ord. 21-1474, adopted 12/14/21)
(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 shall inform
generators about California and Federal Good Samaritan Food Donation
Act protection in written communications, such as in their contract
or agreement established under 14 CCR Section 18991.3(b).
(d)
Food Recovery Organizations and Food Recovery Services that have
their primary address physically located in the Jurisdiction 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 Jurisdiction the total pounds of Edible Food recovered in the
previous calendar year from the Tier One and Tier Two Commercial Edible
Food Generators they have established a contract or written agreement
with pursuant to 14 CCR Section 18991.3(b) no later than January 30
of each year.
(e)
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 Jurisdiction shall provide information
and consultation to the City, upon request, regarding existing, or
proposed new or expanded, Food Recovery capacity that could be accessed
by the City and its Commercial Edible Food Generators. A Food Recovery
Service or Food Recovery Organization contacted by the Jurisdiction
shall respond to such request for information within 60 days, unless
a shorter timeframe is otherwise specified by the City.
(Added by Ord. 21-1474, adopted 12/14/21)
(a)
Requirements for Haulers. The Jurisdiction shall place
requirements on one or more of the following types of haulers depending
upon which type(s) of hauler regulation system(s) are allowed in the
Jurisdiction:
(1)
Exclusive Franchised Hauler. The Jurisdiction's Exclusive franchised
hauler providing residential, Commercial, or industrial Organic Waste
collection services to generators within the Jurisdiction's boundaries
shall meet the following requirements and standards as a condition
of approval of a contract, agreement, or other authorization with
the Jurisdiction to collect Organic Waste:
(A)
Through written notice to the Jurisdiction annually on or before
January 30 of each year that identify the facilities to which they
will transport Organic Waste including facilities for Source Separated
Recyclable Materials, and Source Separated Green Container Organic
Waste,
(B)
Transport Source Separated Recyclable Materials, and Source Separated
Green Container Organic Waste, to a facility, operation, activity,
or property that recovers Organic Waste as defined in 14 CCR, Division
7, Chapter 12, Article 2.
(C)
Obtain approval from the Jurisdiction to haul Organic Waste, unless
it is transporting Source Separated Organic Waste to a Community Composting
site or lawfully transporting C&D in a manner that complies with
14 CCR Section 18989.1, Section 5939 of this chapter, and the Jurisdiction's
C&D ordinance.
(2)
The Jurisdiction's Exclusive franchised hauler 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 Jurisdiction.
(b)
Requirements for Facility Operators and Community Composting
Operations.
(1)
Owners of facilities, operations, and activities that recover Organic
Waste in the Jurisdiction, including, but not limited to, Compost
facilities, in-vessel digestion facilities, renderers, and publicly-owned
treatment works shall, upon the Jurisdiction's request, provide information
regarding: (A) the amount of material received, on a monthly basis,
from generators or other sources within the Jurisdiction and the identity
of those generators or other sources; (B) 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 Jurisdiction shall
respond within 60 days.
(2)
Community Composting operators, upon the Jurisdiction 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 Jurisdiction shall respond within
60 days.
(3)
Organic Waste facilities, operations, and activities, including Community
Composting operator sand operations, that are located within the City
of Downey shall be subject to periodic inspection by the Jurisdiction
or its designated representative(s) at such times as the Jurisdiction
shall determine. The operator of the activity or facility shall cooperate
with the inspectors, and shall provide information, on a monthly basis,
to the Jurisdiction indicating the amount of material that is received,
the source of the material, the amount that is processed and sold
as finished compost, the buyer or transferee of the finished compost,
and the amount that is disposed and the disposal location. If the
Jurisdiction finds that a facility or operation is accepting Organic
Waste that has not been source-separated, or that the operation (if
a Community Composting operation) is exceeding applicable daily limits
as to the amount of material on site, the Jurisdiction shall refer
the operator to the Local Enforcement Agency for appropriate enforcement
action, or may itself take any and all action necessary to ensure
that public health and safety is preserved.
(4)
All persons seeking to handle or handling Organic Waste generated
by sources within the Jurisdiction for use as animal feed, shall be
required to strictly observe the requirements of Public Resources
Code Section 40059.4, shall maintain records sufficient to establish
compliance therewith, and shall, upon the request of Jurisdiction,
be required to offer proof satisfactory to the Jurisdiction of their
compliance with those requirements.
(Added by Ord. 21-1474, adopted 12/14/21)
(a)
Self-Haulers shall source separate all recyclable materials and Organic
Waste (materials that the City otherwise requires generators to separate
for collection in the City's organics and recycling collection program)
generated on site from Solid Waste in a manner consistent with 14
CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a
High Diversion Organic Waste Processing Facility as specified in 14
CCR Section 18984.3.
(b)
Self-Haulers shall haul their Source Separated Recyclable Materials
to a facility that recovers those materials; and haul their Source
Separated Green Container Organic Waste to a Solid Waste facility,
operation, activity, or property that processes or recovers Source
Separated Organic Waste. Alternatively, Self-Haulers may haul Organic
Waste to a High Diversion Organic Waste Processing Facility.
(c)
Self-Haulers that are Commercial Businesses (including Multi-Family
Residential Dwellings) shall keep a record of the amount of Organic
Waste delivered to each Solid Waste facility, operation, activity,
or property that processes or recovers Organic Waste; this record
shall be subject to Inspection by the Jurisdiction. The records shall
include the following information:
(1)
Delivery receipts and weight tickets from the entity accepting the
waste.
(2)
The amount of material in cubic yards or tons transported by the
generator to each entity.
(3)
If the material is transported to an entity that does not have scales
on site, or employs scales incapable of weighing the Self-Hauler's
vehicle in a manner that allows it to determine the weight of materials
received, the Self-Hauler is not required to record the weight of
material but shall keep a record of the entities that received the
Organic Waste.
(d)
Gardeners and landscaping companies are the only Self-Haulers allowed
in the City to self-haul organic waste to a High Diversion Organic
Waste Processing Facility that meets SB 1383 requirements.
(e)
Self-Haulers must obtain a permit from the Jurisdiction to self-haul
upon issuance of a business license and provide monthly reports. The
Jurisdiction's Public Works Department will review the permit for
approval.
(Added by Ord. 21-1474, adopted 12/14/21)
(a)
Persons applying for a permit from the Jurisdiction for new construction
and building additions and alternations shall comply with the requirements
of this section and all required components of the California Green
Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended,
if its project is covered by the scope of CALGreen or more stringent
requirements of the Jurisdiction. If the requirements of CALGreen
are more stringent then the requirements of this section, the CALGreen
requirements shall apply. Project applicants shall refer to Jurisdiction's
building and/or planning code for complete CALGreen requirements.
(b)
For projects covered by CALGreen or more stringent requirements of
the Jurisdiction, the applicants must, as a condition of the City's
permit approval, comply with the following:
(1)
Where five or more Multi-Family dwelling units are constructed on
a building site, provide readily accessible areas that serve occupants
of all buildings on the site and are identified for the storage and
collection of Blue Container and Green Container materials, consistent
with the three-or two-container collection program offered by the
Jurisdiction, or comply with provision of adequate space for recycling
for Multi-Family and Commercial premises pursuant to Sections 4.408.1,
4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards
Code, 24 CCR, Part 11 as amended provided amended requirements are
more stringent than the CALGreen requirements for adequate recycling
space effective January 1, 2020.
(2)
New Commercial construction or additions resulting in more than 30%
of the floor area shall provide readily accessible areas identified
for the storage and collection of Blue Container and Green Container
materials, consistent with the three-, two-container collection program
offered by the City, or shall comply with provision of adequate space
for recycling for Multi-Family and Commercial premises pursuant to
Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California
Green Building Standards Code, 24 CCR, Part 11 as amended provided
amended requirements are more stringent than the CALGreen requirements
for adequate recycling space effective January 1, 2020.
(3)
Comply with CALGreen requirements and applicable law related to management
of C&D, including diversion of Organic Waste in C&D from disposal.
(Added by Ord. 21-1474, adopted 12/14/21)
(a)
Property owners or their building or landscape designers, including
anyone requiring a building or planning permit, plan check, or landscape
design review from the City, who are constructing a new (Single-Family,
Multi-Family, public, institutional, or Commercial) project with a
landscape area greater than 500 square feet, or rehabilitating an
existing landscape with a total landscape area greater than 2,500
square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D),
and (G) of the MWELO, including sections related to use of Compost
and mulch as delineated in this section.
(b)
The following Compost and mulch use requirements that are part of
the MWELO are now also included as requirements of this chapter. Other
requirements of the MWELO are in effect and can be found in 23 CCR,
Division 2, Chapter 2.7.
(c)
Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection (a) above shall:
(1)
Comply with Sections 492.6 (a)(3)(B), (C), (D) and (G) of the MWELO,
which requires the submittal of a landscape design plan with a soil
preparation, mulch, and amendments section to include the following:
(A)
For landscape installations, Compost at a rate of a minimum of four
cubic yards per 1,000 square feet of permeable area shall be incorporated
to a depth of six inches into the soil. Soils with greater than six
percent organic matter in the top six inches of soil are exempt from
adding Compost and tilling.
(B)
For landscape installations, a minimum three inch layer of mulch
shall be applied on all exposed soil surfaces of planting areas except
in turf areas, creeping or rooting groundcovers, or direct seeding
applications where mulch is contraindicated. To provide habitat for
beneficial insects and other wildlife up to five percent of the landscape
area may be left without mulch. Designated insect habitat must be
included in the landscape design plan as such.
(C)
Organic mulch materials made from recycled or post-consumer materials
shall take precedence over inorganic materials or virgin forest products
unless the recycled post-consumer organic products are not locally
available. Organic mulches are not required where prohibited by local
fuel modification plan guidelines or other applicable local ordinances.
(2)
The MWELO compliance items listed in this section are not an inclusive
list of MWELO requirements; therefore, property owners or their building
or landscape designers that meet the threshold for MWELO compliance
outlined in subsection (a) of this section shall consult the full
MWELO for all requirements.
(d)
If, after the adoption of the ordinance codified in this chapter,
the California Department of Water Resources, or its successor agency,
amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C),
(D), and (G) of the MWELO September 15, 2015 requirements in a manner
that requires Jurisdictions to incorporate the requirements of an
updated MWELO in a local ordinance, and the amended requirements include
provisions more stringent than those required in this section, the
revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
(Added by Ord. 21-1474, adopted 12/14/21)
(a)
Jurisdiction departments, and direct service providers to the Jurisdiction,
as applicable, must comply with the Jurisdiction's Recovered Organic
Waste Product procurement policy and Recycled-Content Paper procurement
policy.
(b)
All vendors providing Paper Products and Printing and Writing Paper
shall:
(1)
If fitness and quality are equal, provide Recycled-Content Paper
Products and Recycled-Content Printing and Writing Paper that consists
of at least 30%, by fiber weight, postconsumer fiber instead of non-recycled
products whenever recycled Paper Products and Printing and Writing
Paper are available at the same or lesser total cost than non-recycled
items
(2)
Provide Paper Products and Printing and Writing Paper that meet Federal
Trade Commission recyclability standard as defined in 16 Code of Federal
Regulations (CFR) Section 260.12.
(3)
Certify in writing, under penalty of perjury, the minimum percentage
of postconsumer material in the Paper Products and Printing and Writing
Paper offered or sold to the City. This certification requirement
may be waived if the percentage of postconsumer material in the Paper
Products, Printing and Writing Paper, or both can be verified by a
product label, catalog, invoice, or a manufacturer or vendor internet
website.
(4)
Certify in writing, on invoices or receipts provided, that the Paper
Products and Printing and Writing Paper offered or sold to the City
is eligible to be labeled with an unqualified recyclable label as
defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).
(5)
Provide records to the Jurisdiction's Recovered Organic Waste Product
procurement recordkeeping Designee, in accordance with the City's
Recycled-Content Paper procurement policy(ies) of all Paper Products
and Printing and Writing Paper purchases within 30 days of the purchase
(both recycled-content and non-recycled content, if any is purchased)
made by any division or department or employee of the City. Records
shall include a copy (electronic or paper) of the invoice or other
documentation of purchase, written certifications as required in subsections
(b)(3) and (b)(4) of this section for recycled-content purchases,
purchaser name, quantity purchased, date purchased, and recycled content
(including products that contain none), and if non-recycled content
Paper Products or Printing and Writing Papers are provided, include
a description of why Recycled-Content Paper Products or Printing and
Writing Papers were not provided.
(Added by Ord. 21-1474, adopted 12/14/21)
(a)
Jurisdiction 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 Multi-Family 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 Jurisdiction to enter
the interior of a private residential property for Inspection.
(b)
Regulated entity shall provide or arrange for access during all Inspections
(with the exception of residential property interiors) and shall cooperate
with the Jurisdiction's employee or its designated entity/Designee
during such Inspections and investigations. Such Inspections and investigations
may include confirmation of proper placement of materials in containers,
Edible Food Recovery activities, records, or any other requirement
of this chapter described herein. Failure to provide or arrange for:
(1) access to an entity's premises; or (2) access to records for any
Inspection or investigation is a violation of this chapter and may
result in penalties described.
(c)
Any records obtained by the Jurisdiction during its Inspections,
and other reviews shall be subject to the requirements and applicable
disclosure exemptions of the Public Records Act as set forth in Government
Code Section 6250, et seq.
(d)
Jurisdiction representatives, its designated entity, and/or Designee
are authorized to conduct any Inspections, or other investigations
as reasonably necessary to further the goals of this chapter, subject
to applicable laws.
(e)
The Jurisdiction shall receive written complaints from persons regarding
an entity that may be potentially noncompliant with SB 1383 Regulations,
including receipt of anonymous complaints.
(Added by Ord. 21-1474, adopted 12/14/21)
(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 Jurisdiction Enforcement Official or representative. Enforcement
Actions under this chapter are issuance of an administrative citation
and assessment of a fine. The Jurisdiction's procedures on imposition
of administrative fines 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 Jurisdiction may
pursue civil actions in the California courts to seek recovery of
unpaid administrative citations. The Jurisdiction 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 Jurisdiction staff and resources.
(c)
Responsible Entity for Enforcement.
(1)
Enforcement pursuant to this chapter may be undertaken by the Jurisdiction's
Enforcement Official, which may be the Code Enforcement Division or
other designated department, entity, legal counsel, or combination
thereof.
(2)
Enforcement may also be undertaken by a Regional or County Agency
Enforcement Official, designated by the Jurisdiction, in consultation
with Jurisdiction Enforcement Official.
(A)
Jurisdiction Enforcement Official(s) (and Regional or County Agency
Enforcement Official, if using) will interpret the ordinance codified
in this chapter; determine the applicability of waivers, if violation(s)
have occurred; implement Enforcement Actions; and determine if compliance
standards are met.
(B)
Jurisdiction Enforcement Official(s) (and Regional or County Agency
Enforcement Official, if using) may issue Notices of Violation(s).
(d)
Process for Enforcement.
(1)
Jurisdiction Enforcement Officials or Regional or County Enforcement
Officials and/or their Designee will monitor compliance with the ordinance
codified in this chapter randomly and through Compliance Reviews,
Route Reviews, investigation of complaints, and an Inspection program.
Section 5942 establishes the Jurisdiction's right to conduct Inspections
and investigations.
(2)
The Jurisdiction may issue an official notification to notify regulated
entities of its obligations under the ordinance codified in this chapter.
(3)
For incidences of Prohibited Container Contaminants found in containers,
the Jurisdiction will issue a Notice of Violation to any generator
found to have Prohibited Container Contaminants in a container.
(4)
With the exception of violations of generator contamination of container
contents addressed under subsection (d)(3) of this section, the Jurisdiction
shall issue a Notice of Violation requiring compliance within 60 days
of issuance of the notice.
(5)
Absent compliance by the respondent within the deadline set forth
in the Notice of Violation, the Jurisdiction shall commence an action
to impose penalties, via an administrative citation and fine.
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Notices shall be sent to "owner" at the official address of
the owner maintained by the tax collector for the Jurisdiction 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 administrative
penalty applicable for violations of this (chapter/section) shall
be as set forth by Council Resolution.
(g)
Compliance Deadline Extension Considerations. The Jurisdiction may extend the compliance deadlines set forth in
a Notice of Violation issued in accordance with Section 5943 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)
Education Period for Noncompliance. Beginning January
1, 2022 and through December 31, 2023, Jurisdiction will conduct Inspections,
Route Reviews or waste evaluations, and Compliance Reviews, depending
upon the type of regulated entity, to determine compliance, and if
Jurisdiction 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.
(1)
Civil Penalties for Noncompliance. Beginning January
1, 2024, if the Jurisdiction determines that an Organic Waste Generator,
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 5943, as needed.
(Added by Ord. 21-1474, adopted 12/14/21)
