This chapter is intended to comply with SB 1383, the Short-lived
Climate Reduction Act of 2016, and its implementing regulations. SB
1383 Regulations place requirements on cities, single-family residential
dwellings, commercial businesses including multifamily residential
dwellings, commercial edible food generators, self-haulers, food recovery
organizations, and food recovery services to achieve statewide organic
waste disposal reduction targets to reduce organics in landfills as
a source of methane. SB 1383 requires cities to adopt and enforce
an enforceable mechanism, such as an ordinance, to implement SB 1383
Regulations.
(Ord. 2021-15)
The following terms when used in this chapter shall have the
meaning assigned below unless the context clearly indicates that a
different meaning was intended:
has the same meaning as in Section 11.20.020 of this Code.
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 Cities
(and others).
means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR). California Code of Regulations or CCR references include the statutory language as it exists on the effective date of this chapter and as amended from time to time.
has the same meaning as in Section 11.20.020 of this Code.
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, strip
mall, industrial facility, or a multifamily residential dwelling.
A residential dwelling that consists of fewer than five units is not
a commercial business for purposes of implementing this chapter.
means a tier one or a tier two commercial edible food generator.
Commercial edible food generator does not include food recovery organizations
and food recovery services.
has the same meaning as in Section 11.20.020 of this Code.
has the same meaning as in Section 11.20.020 of this Code.
means a container, regardless of color, that contains prohibited
container contaminants. Contaminated container has the same meaning
as in 14 CCR Section 18982(a)(55) if otherwise defined in that section.
means an entity that the City contracts with, or otherwise
arranges with, to carry out any of the City's responsibilities 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. For purposes of
this chapter, edible food is not solid waste if it is recovered and
not discarded. Nothing in this chapter requires or authorizes the
recovery of edible food that does not meet the food safety requirements
of the California Retail Food Code. Edible food has the same meaning
as in 14 CCR Section 18982(a)(18) if otherwise defined in that section.
means the City Manager, or other executive in charge or their
authorized designee(s) who is/are partially or whole responsible for
enforcing this chapter.
means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious,
regulated radioactive waste, and toxic substances or material that
facility operator(s), which receive materials from the City and its
generators, reasonably believe(s) would, as a result of or upon acceptance,
transfer, processing, or disposal, be a violation of local, state,
or federal law, regulation, or ordinance, including: land use restrictions
or conditions, waste that cannot be disposed of in Class III landfills
or accepted at the facility by permit conditions, waste that in the
City's, or its designee's, reasonable opinion would present a significant
risk to human health or the environment, cause a nuisance or otherwise
create or exposé the City, or its designee, to potential liability.
means a company that distributes food to entities, including,
but not limited to, supermarkets and grocery stores. Food distributor
has the same meaning as in 14 CCR Section 18982(a)(22) if otherwise
defined in that section.
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. Food recovery has the same meaning
as in 14 CCR Section 18982(a)(24) if otherwise defined in that section.
means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to: (1) a food bank as defined in Section 113783 of the Health and Safety Code; (2) a nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; or (3) a nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. Food recovery organization has the same meaning as in Section 14 CCR Section 18982(a)(24) if otherwise defined in that section. Pursuant to 14 CCR Section 18982(a)(7), a food recovery organization does not include a commercial edible food generator.
means a person or entity that collects and transports edible
food from a commercial edible food generator to a food recovery organization
or other entities for food recovery. Food recovery service has the
same meaning as in 14 CCR Section 18982(a)(26) if otherwise defined
in that section. Pursuant to 14 CCR Section 18982(a)(7), food recovery
service does not include a commercial edible food generator.
means an entity primarily engaged in providing food services
to institutional, governmental, commercial, or industrial locations
of others based on contractual arrangements with these organizations.
Food service provider has the same meaning as in 14 CCR Section 18982(a)(27)
if otherwise defined in that section.
has the same meaning as in Section 11.20.020 of this Code.
has the same meaning as in Section 11.20.020 of this Code.
has the same meaning as in Section 11.20.020 of this Code.
has the same meaning as in Section 11.20.020 of this Code.
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. Grocery store has the same meaning as
in 14 CCR Section 18982(a)(30) if otherwise defined in that section.
means the waste hauler's designated itinerary or sequence
of stops for each segment of City's collection service area. Hauler
route has the same meaning as in 14 CCR Section 18982(a)(31.5) if
otherwise defined in that section.
means a facility that is in compliance with the reporting
requirements of 14 CCR Section 18815.5(d) and that 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). High diversion organic waste
processing facility has the same meaning as in 14 CCR Section 18982(a)(33)
if otherwise defined in that section.
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. Local education agency has the
same meaning as in 14 CCR Section 18982(a)(40) if otherwise defined
in that section.
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, or an event that serves an average
of 5,000 or more individuals per day of operation of the event, regardless
of whether an admission price is charged, at a location that includes,
but is not limited to, a public, nonprofit, or privately owned park,
parking lot, golf course, street system, or other open space when
being used for an event or as otherwise defined in 14 CCR Section
18982(a)(38).
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. A permanent 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. 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. Large
venue has the same meaning as in 14 CCR Section 18982(a)(39) if otherwise
defined in that section.
means a building or portion thereof used exclusively for
residential purposes with five or more dwelling units. Multifamily
residential dwelling does not include hotels, boardinghouses or other
transient occupancy facilities that are considered commercial businesses.
means the following entities located within the boundaries
of City that are not subject to City's enforcement authority: (1)
special districts; (2) federal facilities including military installations;
(3) prisons; (4) facilities operated by the state park system; (5)
public universities (including community colleges); (6) county fairgrounds;
and (7) state agencies. Nonlocal entity has the same meaning as in
14 CCR Section 18982(a)(42) if otherwise defined in that section.
has the same meaning as in Section 11.20.020 of this Code.
has the same meaning as in Section 11.20.020 of this Code.
has the same meaning as in Section 11.20.020 of this Code.
means the following: (1) discarded materials placed in the
blue container that are not identified as acceptable source separated
recyclable materials; (2) discarded materials placed in the green
container that are not identified as acceptable source separated green
container organic waste; (3) discarded materials placed in the gray
container that are acceptable source separated recyclable materials
or source separated green container organic wastes; and (4) excluded
waste placed in any container.
has the same meaning as in Public Resources Code Section
40181.
means the use of the internet of things (IoT) and/or wireless
electronic devices to visualize the contents of blue containers, green
containers, and gray containers for purposes of identifying the quantity
of materials in containers (level of fill) and/or presence of prohibited
container contaminants.
means either the person or party who is in immediate control
of the premises, activity or operation, and the property owner where
the violation is located.
means an establishment primarily engaged in the retail sale
of food and drinks for onpremises or immediate consumption. Restaurant
has the same meaning as in 14 CCR Section 18982(a)(64) if otherwise
defined in that section.
means a visual inspection of containers along a hauler route
for the purpose of determining contaminated containers and that may
include mechanical inspection methods such as the use of cameras.
Route review has the same meaning as in 14 CCR Section 18982(a)(65)
if otherwise defined in that section.
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 from time to time.
means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by California's Department of Resources Recycling and Recovery and adopted in 2020 that created Title 14 of the State of California Code of Regulations, Division 7, Chapter 12 and amended portions of Chapter 14 and Chapter 27 of the State of California Code of Regulations.
means a person who hauls solid waste, organic waste or recyclable
material he or she has generated to another person, or a person who
back-hauls those materials. Back-haul has the same meaning as in 14
CCR Section 18982(a)(66)(A). Self-hauler has the same meaning as in
14 CCR Section 18982(a)(66) if otherwise defined in that section.
means a building or portion thereof used exclusively for
residential purposes with fewer than five units. Single-family residential
dwelling does not include hotels, boardinghouses, or other transient
occupancy facilities that are considered commercial businesses.
has the same meaning as in Section 11.20.020 of this Code.
has the same meaning as in Section 11.20.020 of this Code.
has the same meaning as in Section 11.20.020 of this Code.
has the same meaning as in Section 11.20.020 of this Code
has the same meaning as in Section 11.20.020 of this Code
means the State of California.
means a full-line, self-service retail store with gross annual
sales of $2,000,000.00, or more, and which sells a line of dry grocery,
canned goods, or nonfood items and some perishable items. Supermarket
has the same meaning as in 14 CCR Section 18982(a)(71) if otherwise
defined in that section.
means a commercial edible food generator that is one of the
following: (1) supermarket; (2) grocery store with a total facility
size equal to or greater than 10,000 square feet; (3) food service
provider; (4) food distributor; or (5) wholesale food vendor. Tier
one commercial edible food generator has the same meaning as in 14
CCR Section 18982(a)(73) if otherwise defined in that section.
means a commercial edible food generator that is one of the
following: (1) restaurant with 250 or more seats, or a total facility
size equal to or greater than 5,000 square feet; (2) hotel with an
on-site food facility and 200 or more rooms; (3) health facility with
an on-site food facility and 100 or more beds; (4) large venue; (5)
large event; (6) a state agency with a cafeteria with 250 or more
seats or total cafeteria facility size equal to or greater than 5,000
square feet; or (7) a local education agency facility with an onsite
food facility. Tier two commercial edible food generator has the same
meaning as in 14 CCR Section 18982(a)(74) if otherwise defined in
that section.
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. Wholesale food vendor
has the same meaning as in 14 CCR Section 189852(a)(76) if otherwise
defined in that section.
(Ord. 2021-15)
Single-family residential dwelling occupants are subject to
the following requirements:
A.
Single-family
residential dwellings shall be automatically enrolled in City's organic
waste collection services with a minimum source separated recyclable
materials (blue container) service level of 35 gallons per week per
dwelling unit, and with a minimum source separated green container
organic waste (green container) service level of 35 gallons per week
per dwelling unit. City, acting through its City Manager or the City
Manager's designee, shall have the authority to change the minimum
required blue container and green container service levels over time.
The single-family residential dwelling's blue container and green
container service levels must be sufficient for the amount of source
separated recyclable materials and source separated green container
organic waste generated by the single-family residential dwelling.
City shall have the right to review the number, size, and location
of a generator's blue and green containers to evaluate adequacy of
capacity for each type of collection service for proper separation
of materials and containment of materials. Single-family residential
dwelling occupants shall adjust their blue and green container service
levels as requested by the City.
B.
Single-family
residential dwelling occupants shall participate in the City's three-container
(blue container, green container, and gray container) collection service
by placing designated materials in designated containers as follows:
1.
Single-family
residential dwelling occupants shall place source separated green
container organic waste in the green container;
2.
Single-family
residential dwelling occupants shall place source separated recyclable
materials in the blue container; and
3.
Single-family
residential dwelling occupants shall place gray container waste in
the gray container. Generators shall not place materials designated
for the gray container into the green container or blue container.
(Ord. 2021-15)
Commercial businesses (including multifamily residential dwellings)
are subject to the following requirements:
A.
Subscribe to City's three-container collection services and comply with requirements of those services as described below in Section 11.23.040(B) of this chapter, except commercial businesses that meet the self-hauler requirements in Section 11.23.080 of this chapter. The City shall have the right to review the number, size, and location 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
for those that meet the self-hauler requirements of this chapter,
commercial businesses shall participate in and comply with City's
three-container (blue container, green container, and gray container)
collection service by placing designated materials in designated containers
as follows:
1.
Commercial
businesses shall place source separated green container organic waste
in the green container;
2.
Commercial
businesses shall place source separated recyclable materials in the
blue container; and
3.
Commercial
businesses shall place gray container waste in the gray container.
Generators shall not place materials designated for the gray container
into the green container or blue container.
C.
Commercial businesses shall supply and allow access to an adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (D)(1) and (D)(2) below), for use by employees, contractors, tenants, and customers, consistent with 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 11.23.080 of this chapter.
D.
Commercial
businesses, excluding multifamily residential dwellings, shall provide
containers for the collection of source separated green container
organic waste and source separated recyclable materials in all areas
where disposal containers are provided for customers, except for restrooms.
If a commercial business does not generate any of the materials that
would be collected in one type of container, then it is not required
to provide that container type. Pursuant to 14 CCR Section 18984.9(b),
the containers provided by commercial businesses shall have at least
one of the following characteristics:
1.
A
body or lid that conforms to the container colors provided through
the collection service provided by the City. A commercial business
is not required to replace noncompliant functional containers purchased
prior to January 1, 2022 until the end of their useful life, or January
1, 2036, whichever comes first.
2.
Container
labels that include language or graphic images, or both, indicating
the primary materials 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.
E.
Commercial
businesses, excluding multifamily residential dwellings, shall prohibit
employees from placing materials in a container not designated for
those materials consistent with city's blue container, green container,
and gray container collection service.
F.
Commercial
businesses, excluding multifamily residential dwellings, shall periodically
inspect blue containers, green containers, and gray containers for
prohibited container contaminants, inform employees if contamination
is found, and if so, of the required material sorting procedures.
G.
Commercial
businesses shall annually provide information to employees, contractors,
tenants, and customers that describes organic waste recovery requirements
and proper sorting of source separated green container organic waste
and source separated recyclable materials.
H.
Commercial
businesses shall provide educational information to new tenants within
14 days of their occupation of the premises that describes the requirements
to keep source separated green container organic waste and source
separated recyclable materials separate from gray container waste,
and that the location of containers and the rules governing their
use on the premises.
I.
Commercial businesses shall provide, or arrange for, access to their premises for City, or its designee, during inspections conducted in accordance with Section 11.23.090 to confirm compliance with the requirements of this chapter.
J.
If applicable, commercial businesses shall accommodate and cooperate with the City's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with Section 11.23.040(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.
K.
A commercial
business may, at its option, and subject to any approval required
from the City, implement a remote monitoring program, if applicable,
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.
L.
If a commercial business wants to self-haul, it must meet the self-hauler requirements in Section 11.23.080 of this chapter.
M.
Nothing
in this chapter prohibits a commercial business from preventing or
reducing waste generation, managing organic waste on site, or using
a community composting site.
(Ord. 2021-15)
A.
Pursuant
to 14 CCR Section 18991.3, 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.
B.
Large venue or large event operators not providing food services, but that allow food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of subsection C below, commencing January 1, 2024.
C.
Commercial
edible food generators shall comply with all of the following:
1.
Shall
arrange to recover the maximum amount of edible food that would otherwise
be disposed. A commercial edible food generator shall comply with
the requirements of this section through a contract or written agreement
with any of the following:
2.
Shall
not intentionally spoil edible food that is capable of being recovered
by a food recovery organization or a food recovery service.
3.
Pursuant
to 14 CCR Section 18991.4, shall maintain a record that includes the
following information:
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 that the commercial edible
food generator has a contract or written agreement with:
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.
Shall
provide City or designee with an annual written food recovery report
that includes the information described in subsection (C)(3) above,
as follows:
1.
By
August 1, 2022, tier one commercial edible food generators must provide
an initial written annual report for the period of January 1, 2022,
through June 30, 2022. Beginning in year 2023, and every year thereafter,
tier one commercial edible food generators must provide written annual
reports by March 1 for the period covering the entire previous calendar
year.
2.
Beginning
in year 2025, and every year thereafter, tier two commercial edible
food generators must provide written annual reports by March 1 for
the period covering the entire previous calendar year.
E.
Nothing
in this section 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, as amended from time
to time.
(Ord. 2021-15)
A.
Food
recovery services collecting or receiving edible food directly from
commercial edible food generators through a contract or written agreement
shall maintain the following records:
1.
The
name, address, and contact information for each commercial edible
food generator from which the food recovery service collects edible
food.
2.
The
quantity in pounds of edible food collected from each commercial edible
food generator per month.
3.
The
quantity in pounds of edible food transported to each food recovery
organization per month.
4.
The
name, address, and contact information for each food recovery organization
that the food recovery service transports edible food to for food
recovery.
B.
Food
recovery organizations collecting or receiving edible food directly
from commercial edible food generators through a contract or written
agreement shall maintain the following records:
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 are located
in the City and contract with or have written agreements with commercial
edible food generators shall annually report to City or designee the
total pounds of edible food they recovered from commercial edible
food generators, as follows:
1.
By
August 1, 2022, food recovery organizations and food recovery services
must provide an initial written annual report for the period of January
1, 2022, through June 30, 2022.
2.
Beginning
in year 2023, and every year thereafter, food recovery organizations
and food recovery services must provide written annual reports by
March 1 for the period covering the entire previous calendar year.
D.
Food
recovery services and food recovery organizations operating in the
geographic boundaries of the City shall provide information upon City's
or designee's request regarding existing, or proposed new or expanded,
food recovery capacity that could be accessed by City and its commercial
edible food generators. A food recovery service or food recovery organization
shall respond to City's or designee's request for information within
60 calendar days, unless a shorter timeframe is otherwise specified
by City or designee.
(Ord. 2021-15)
A.
The
franchisee 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:
B.
Franchisee's
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, entered into with City.
C.
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, upon City's or designee's
request, shall 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 City or designee shall
respond within 60 calendar days, unless a shorter timeframe is otherwise
specified by City or designee.
D.
Community
composting operators, upon City's or designee's request, shall provide
information relating to 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 City or designee shall respond within 60 calendar days, unless
a shorter timeframe is otherwise specified by City or designee.
(Ord. 2021-15)
A.
Self-haulers
shall comply with the following source separation and waste processing
requirements:
1.
Self-haulers
shall haul comingled wastes that they generate, including organic
waste, to a high diversion organic waste processing facility as specified
in 14 CCR Section 18984.3; or
2.
Self-haulers
shall source separate all recyclable materials and organic waste that
is accepted in city's organic waste and recycling collection program,
which is generated on-site, from solid waste in a manner consistent
with 14 CCR Sections 18984.1 and 18984.2.
a.
Self-haulers shall haul their source separated recyclable materials
to a facility that recovers those materials; and
b.
Self-haulers shall 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, or to a
high diversion organic waste processing facility.
B.
Self-haulers that meet the requirements of subsection (A)(2) above must still comply with Section 11.20.090 of this Code for the management of gray container waste.
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, property, or high
diversion organic waste processing facility that processes or recovers
organic waste. This record shall be subject to inspection by City
or designee. The records shall include the following information:
1.
Delivery
receipts and weight tickets from the entity accepting the waste. Notwithstanding
the foregoing, 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 waste 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.
2.
The
amount of material in cubic yards or tons transported by the generator
to each entity.
D.
A single-family residential dwelling organic waste generator that self hauls organic waste is not required to record or report information in Section 11.23.080(C) of this chapter.
(Ord. 2021-15)
A.
City Enforcement Officials or designee are authorized to conduct route reviews, waste evaluations, and compliance reviews, as well as inspections and investigations of collection containers, equipment, facilities, activities, and properties subject to this chapter at reasonable times and in a reasonable manner to carry out the purposes of this chapter. If entry for an inspection is refused by an owner, occupant, or agent, an inspection warrant shall be obtained prior to inspection. For the purposes of inspecting commercial business containers for compliance with Section 11.23.040(B) of this chapter, City may, at its option, and if applicable, conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to Section 11.23.040(K) of this chapter.
B.
Any
records obtained by City Enforcement Officials or designee during
its inspections and investigations 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.
C.
City
or designee shall receive written complaints from persons, including
anonymous complaints, regarding commercial edible food generators,
food recovery services, or food recovery organizations that may be
noncompliant with this chapter.
(Ord. 2021-15)
A.
Beginning
January 1, 2022 and through December 31, 2023, if the City determines
that a responsible party is not in compliance with this chapter, it
shall provide educational materials to the entity describing its obligations,
and a notice that compliance is required by January 1, 2022, and that
violations are subject to administrative citations and fines beginning
January 1, 2024.
B.
Beginning
on January 1, 2024, City shall enforce violations of this chapter
by issuing a notice of violation requiring compliance within 60 calendar
days of issuance of the notice. City may extend the compliance deadlines
set forth in a notice of violation if it finds that extenuating circumstances
beyond the control of the respondent make compliance within the deadlines
impracticable. For purposes of this section, extenuating circumstances
are:
C.
Notice of violations shall be issued by an Enforcement Official to the responsible party by personal service, by mail, or posting of property in accordance with Section 1.08.080 of this Code. The notice of violation shall include the following information:
1.
The
name(s), or account name(s) if different, of each person or entity
to whom it is directed;
2.
A
factual description of the violations of this chapter, including the
section(s) being violated;
3.
A
compliance date by which the operator is to take specified action(s);
and
4.
The
potential for an administrative citation and fine for not complying
within the specified compliance date.
D.
Absent
compliance by the respondent within the deadline set forth in a notice
of violation, a responsible party is subject to an administrative
citation and fine, as follows:
1.
Pursuant
to 14 CCR Section 18997.2, City shall issue administrative citations
and fines to commercial edible food generators, food recovery services
and food recovery organizations that remain noncompliant with this
chapter despite issuance of a notice of violation.
2.
City
has discretion to issue administrative citations and fines against
any other entities that remain noncompliant with this chapter despite
issuance of a notice of violation.
3.
Administrative
citations shall be issued by an Enforcement Official in accordance
with Chapter 1.08.080 of this Code.
E.
The
following administrative fine amounts apply to administrative citations
issued for violations of this chapter:
(Ord. 2021-15)
This chapter shall be effective beginning on January 1, 2022.
(Ord. 2021-15)
