The city, either directly or through waste-hauling companies holding franchises from the city, shall provide organic waste collection services to residents, businesses and other persons or entities generating organic waste in the city. Such service may be provided by any combination of the methods identified in Sections 14.06.03.020, 14.06.03.030 and 14.06.03.040, in the city's discretion.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.
A. 
The city may implement a three-container organic waste collection service and provide each waste generator with a green container, a blue container and a gray container in accordance with 14 CCR Section 18984.1.
1. 
The green container shall be used for the collection of organic waste only; provided, however, that compostable plastics may be placed in the green container as authorized by 14 CCR Section 18984.1(a)(1)(A). Carpets, noncompostable paper, and hazardous wood waste shall not be collected in the green container. The contents of the green container shall be transported to a facility that recovers source separated organic waste.
2. 
The blue container shall be used for the collection of nonorganic recyclables only, but may include the following types of organic wastes: paper products, printing and writing paper; wood and dry lumber; and textiles. Hazardous wood waste shall not be collected in the blue container. The contents of the blue container shall be transported to a facility that recovers the materials designated for the blue container.
3. 
The gray container shall be for the collection of nonorganic waste only. Hazardous wood waste shall not be collected in the gray container.
B. 
At the city's discretion, it may comply with this section by providing a container or containers that are split or divided into segregated sections, as long as the lids of the separate sections comply with the above-referenced container color requirements and material limitations.
C. 
At the city's discretion, it may require additional segregation of source separated organic waste and provide additional containers or additional sections of split containers for that purpose as authorized by 14 CCR Section 18984.1(a)(6).
D. 
At the city's discretion, the city may allow organic waste to be collected in the gray container in compliance with 14 CCR Section 18984.1(c).
E. 
At the city's discretion, it may allow organic waste to be collected in plastic bags and placed in the green container in compliance with 14 CCR Section 18984.1(d).
F. 
At the city's discretion, it may provide uncontainerized green waste and yard waste collection services in compliance with 14 CCR Section 18984.1(e).
G. 
The city shall have the right to transport contents of containers to a consolidation site that complies with the requirements of 14 CCR Section 17409.5.10.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.1.
A. 
The city may implement a two-container organic waste collection service in accordance with 14 CCR Section 18984.2. That service may involve providing each waste generator with either a green container and a gray container, or a blue container and a gray container.
B. 
If the city elects to provide a green container and a gray container, then:
1. 
Except as noted in subsection (B)(2) of this section, the green container shall be limited to the collection of organic waste only, and the contents thereof shall be transported to a facility that specifically recovers source separated organic waste.
2. 
Notwithstanding subsection (B)(1) of this section, compostable plastics may be placed in the green container as authorized by 14 CCR Section 18984.1(a)(1)(C) if the contents thereof are transported to compostable material handling operations or facilities or in-vessel digestion operations or facilities that have provided written notification annually to the city that the facility can process and recover that material.
3. 
The gray container allows for intentional comingling of all collected wastes, including organic waste that is not designated for collection in the green container; provided, that the contents of the gray container are transported to a facility that meets or exceeds the organic waste content recovery requirements specified in 14 CCR Section 18984.3.
C. 
If the city elects to provide a blue container and a gray container, then:
1. 
The blue container is limited to the collection of nonorganic recyclables only, but may include the following types of organic wastes: paper products; printing and writing paper; wood and dry lumber; and textiles. The contents of the blue container shall be transported to a facility that recovers the materials designated for collection in the blue container.
2. 
The gray container allows for intentional comingling of all collected wastes, including organic waste that is not designated for collection in the blue container; provided, that the contents of the gray container are transported to a facility that meets or exceeds the organic waste content recovery requirements specified in 14 CCR Section 18984.3.
D. 
The city shall clearly identify the types of wastes accepted in each container, and shall clearly identify which container shall be used for the collection of any unidentified materials.
E. 
At the city's discretion, it may comply with this section by providing a container or containers that are split or divided into segregated sections, as long as the lids of the separate sections comply with the above-referenced container color requirements and material limitations.
F. 
At the city's discretion, it may allow organic waste to be collected in plastic bags and placed in the green container in compliance with 14 CCR Section 18984.2(e).
G. 
At the city's discretion, it may provide uncontainerized green waste and yard waste collection services in compliance with 14 CCR Section 18984.2(f).
H. 
The city shall have the right to transport contents of containers to a consolidation site that complies with the requirements of 14 CCR Section 17409.5.10.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.2.
A. 
The city may implement a single-container organic waste collection service and provide each waste generator with a single gray container that allows for intentional commingling of all collected wastes, including organic wastes; provided, that the contents of the gray container are transported to a high diversion organic waste processing facility.
B. 
A facility shall not qualify as a high diversion organic waste processing facility if its annual average mixed waste organic content recovery rate is lower than that required by the definition of "high diversion organic waste processing facility" set forth in Section 14.06.01.020(U) for two consecutive quarterly reporting periods, or for three quarterly reporting periods within three years.
C. 
Notwithstanding subsection A of this section, the city shall have the right to transport contents of containers to a consolidation site that complies with the requirements of 14 CCR Section 17409.5.10.
D. 
The city may allow organic waste specified for collection in the gray container to be placed in bags for collection.
E. 
At the city's discretion, it may provide uncontainerized green waste and yard waste collection services to generators within the city, as long as generators receiving that service are also provided with a collection service for the collection of other organic waste in a manner that complies with this section.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.3.
A. 
The city shall include in the implementation record a description of which collection method(s) it will use to comply with this part, and the geographical area for each such collection method.
B. 
If the city uses a service that requires the contents of containers to be transported to a high diversion organic waste processing facility, the city shall also include in the implementation record (1) a list of all high diversion organic waste processing facilities used by the city, (2) a list of all haulers approved by the city that are allowed to take organic waste to the city's identified high diversion organic waste processing facility or facilities, and (3) the geographical area each such hauler serves, the routes serviced, or a list of addresses served.
C. 
If the city allows compostable plastics to be placed in the green container pursuant to Section 14.06.03.020 or 14.06.03.030, the city shall include in the implementation record a copy of written notification received from each facility serving the city indicating that the facility recovers that material.
D. 
If the city allows organic waste to be collected in plastic bags pursuant to Section 14.06.03.020 or 14.06.03.030, the city shall include in the implementation record a copy of written notification received from each facility serving the city indicating that the facility can process and remove plastic bags when it recovers source separated organic waste.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.4.
A. 
Generators are prohibited from placing into any container provided pursuant to Section 14.06.03.020 (three-container systems) or 14.06.03.030 (two-container systems) any item which is not allowed to be placed in that container by those sections. The city shall monitor compliance with this subsection by either or both of the methods identified in subsections B and C of this section.
B. 
The city may conduct a route review for prohibited container contaminants on containers in a manner that results in all hauler routes being reviewed annually. Containers may be randomly selected along a hauler route, but not every container on a hauler route need be sampled annually. Upon finding prohibited container contaminants in a container, the city shall notify the generator of the violation. The notice shall include information regarding the generator's requirement to properly separate materials into the appropriate containers, and may include photographic evidence of the violation. The notice may be left on the generator's container, gate, or door at the time the violation occurs, and/or may be mailed, emailed, or electronically messaged to the generator. The city may dispose of the contents of a container which contains prohibited container contaminants. The city may, in its discretion, impose administrative civil penalties on generators in violation of subsection A of this section.
C. 
Where the city implements a three-container or two-container service, the city may conduct waste evaluations which shall be done at least twice per year in two distinct seasons of the year. Where the city implements a performance-based source separated collection service, the city may conduct waste evaluations which shall be done at least twice per year for the blue and green containers and once per quarter for the gray container.
1. 
Regardless of the method implemented each waste evaluation shall include samples of each container type served by the city and shall include samples taken from different areas in the city that are representative of the city's waste stream.
2. 
The waste evaluations shall include at least the following minimum number of samples from the hauler routes included in the studies: at least twenty-five samples for routes with less than one thousand five hundred generators; at least thirty samples for routes with one thousand five hundred to three thousand nine hundred ninety-nine generators; at least thirty-five samples for routes with four thousand to six thousand nine hundred ninety-nine generators; and at least forty samples for routes with seven thousand or more generators.
3. 
All material collected for sampling will be transported to a sorting area at a permitted solid waste facility where the presence of prohibited container contaminants for each container type is measured to determine the ratio of prohibited container contaminants present in each container type by weight. To determine the ratio of prohibited container contaminants, the city shall use the following protocol: (a) take one sample of at least two hundred pounds from the material collected from each container stream (that is, the blue, green and gray containers) for sampling; (b) the two-hundred-pound sample shall be randomly selected from different areas of the pile of collected material for that container type; (c); for each two-hundred-pound sample, the prohibited container contaminants will be removed and weighed; and (d) the ratio of prohibited container contaminants in the sample shall be determined by dividing the total weight of prohibited container contaminants by the total weight of the sample.
4. 
If the sampled weight of prohibited container contaminants exceeds twenty-five percent of the measured sample for any container type, the city shall either (a) notify all generators on the sampled hauler routes of their requirement to properly separate materials into the appropriate containers; or (b) perform a targeted route review of containers on the routes sampled for waste evaluations to determine the sources of contamination and notify those generators of their obligation to properly separate materials.
5. 
The notices delivered pursuant to subsection (C)(4) of this section may be placed on the generator's container, gate or door, or delivered by mail, email, or electronic message.
D. 
If the city implements a performance-based source separated collection service, it shall notify CalRecycle within thirty days of finding prohibited container contaminants in the gray container collection stream that exceed twenty-five percent of the measured sample by weight in each of two consecutive waste evaluations performed on gray containers.
E. 
If the city implements a performance-based source separated collection service, it shall, upon request, allow a representative of CalRecycle to oversee the city's next scheduled quarterly sampling of the gray container.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.5.
The city shall include in the implementation record the following information and documents to demonstrate its compliance with Section 14.06.03.060: (1) a description of the city's process for determining the level of container contamination; (2) documentation of route reviews conducted, if applicable; (3) if applicable, documentation of waste evaluations performed, including information on targeted route reviews conducted as a result of the studies; that documentation shall at a minimum include the dates of the studies, the location of the solid waste facility where the study was performed, routes source sector (e.g., commercial or residential), number of samples, weights, and ratio of prohibited container contaminants and the total sample size; (4) copies of all notices issued to generators with prohibited container contaminants; and (5) documentation of the number of containers where the contents were disposed due to observation of prohibited container contaminants.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.6.
The city's requirement to provide color-coded containers pursuant to this chapter shall not require the city to immediately replace functional containers purchased prior to January 1, 2022, even if those do not comply with the color requirements of this chapter. Those functional containers need not be replaced until the end of their useful life, or January 1, 2036, whichever comes first.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.7.
Commencing January 1, 2022, the city shall cause a label to be placed on each new container or lid provided to generators consistent with the applicable container collection requirements and limitations of this chapter, specifying what materials are allowed to be placed in each container and clearly indicating the primary items that are prohibited container contaminants for each container. The city may comply with this section by (1) placing labels on containers that include language or graphic images or both that indicate the primary materials accepted and the primary materials prohibited in that container, or (2) providing containers with imprinted text or graphic images that indicate the primary materials accepted and the primary materials prohibited in that container. The city may comply with this section by using model labeling provided by CalRecycle.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.8.
A. 
Organic waste generators shall comply with the provisions of this chapter and the city's requirements with respect thereto by either (1) subscribing to and complying with the organic waste collection service provided by the city, or (2) self-hauling organic waste as required by this chapter. Commercial/industrial organic waste generators who choose to self-haul must also obtain a self-hauling permit issued by the city pursuant to Section 13.100.420.
B. 
Generators that are commercial businesses, except for multifamily residential dwellings, shall also:
1. 
Provide containers for the collection of organic waste and nonorganic recyclables in all areas where disposal containers are provided for customers, except for restrooms. Those containers shall have either (a) a body or lid that conforms to the container colors provided through the city's organic waste collection service, or (b) container labels that comply with the requirements of Section 14.06.03.090.
2. 
Prohibit their employees from placing organic waste in a container not designated to receive organic waste pursuant to this chapter.
C. 
Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site.
D. 
A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this chapter prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
E. 
If a 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 areas where disposal containers are provided for customers.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.9.
A. 
Commercial businesses shall provide or arrange for organic waste collection services consistent with this chapter and related city requirements, both as to the businesses themselves and their on-site employees, contractors, tenants, and customers. Without limiting the generality of the foregoing, this includes supplying and allowing access to an adequate number, size, and location of containers with sufficient labels or container color.
B. 
Commercial businesses shall annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of organic waste. Commercial landlords shall provide such information to each new tenant not later than fourteen days after the tenant occupies the premises.
C. 
Commercial businesses shall provide or arrange for access to their properties during all inspections conducted pursuant to Part 14 of this chapter.
D. 
Nothing in this section authorizes a city representative to enter the interior of a private residential property.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.10.
The city reserves the right (which cannot be delegated to a private entity) to grant one or more of the following types of waivers to generators of organic waste:
A. 
De Minimis Waivers. The city may waive a commercial business's obligation to comply with some or all of the organic waste requirements of this chapter if the business provides documentation (or if the city otherwise has evidence) demonstrating either that (1) the business's total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or a green container comprises less than twenty gallons per week per applicable container of the business's total waste; or (2) the business's total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the business's total waste. The city shall from time to time verify that the business's organic waste generation meets those thresholds. If the city obtains information that a commercial business which has received a de minimis waiver is exceeding those organic waste thresholds, the city shall rescind the waiver.
B. 
Physical Space Waivers. The city may waive a commercial business's or property owner's obligation to comply with some or all of the organic waste collection service requirements of this chapter if the business or owner provided documentation (or if the city otherwise has evidence from its staff, a hauler, a licensed architect, or a licensed engineer) demonstrating that the premises lack adequate space for any of the organic waste container configurations allowed under Sections 14.06.03.020 and 14.06.03.030.
C. 
Collection Frequency Waivers. The city may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to a three-container or two-container organic waste collection service to arrange for the collection of solid waste in a blue container, a gray container, or both once every fourteen days; provided, that the city or its authorized hauler demonstrates to the local enforcement agency (as defined in Public Resources Code Section 40130) that less frequent collection is required and will not cause receiving sold waste facilities, operations, or both to be in violation of applicable state minimum standards, all pursuant to 14 CCR Section 18984.11(a)(3)(A)(1). Pursuant to Public Resources Code Sections 40130, 43202 and 43203, the "local enforcement agency" shall generally be designated by the city council and certified by CalRecycle; if no such agency is so designated or certified, CalRecycle will generally act as the local enforcement agency.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.11.
The city reserves the right to seek, from CalRecycle, waivers of organic waste collection service requirements, pursuant to 14 CCR Section 18984.12 or otherwise, if and to the extent such waivers become available to the city and/or to generators within the city.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.12.
A. 
Emergency Processing Facility Temporary Equipment or Operational Failure Waivers. If the facility processing the city's organic waste notifies the city that unforeseen operational restrictions have been imposed upon the facility by a regulatory agency or that an unforeseen equipment or operational failure will temporarily prevent the facility from processing and recovering organic waste, the city may allow the organic waste stream transported to that facility to be deposited in a landfill or landfills for up to ninety days from the date of the restriction or failure. In that event, the city shall notify CalRecycle within ten days of a waiver decision. Such notice shall include a description of the equipment failure or operational restriction that occurred at the facility, the period of time that the city will allow the organic waste stream to be deposited in a landfill or landfills, and the recycling and disposal reporting system number of the facility that experienced the temporary equipment or operational failure preventing it from receiving some or all of the city's waste.
B. 
Disaster and Emergency Waivers. The city may submit a request to CalRecycle for a waiver for the landfill disposal of disaster debris that cannot be diverted pursuant to 14 CCR Section 17210(e), if a waiver or waivers have been granted pursuant to 14 CCR Sections 17210.4 and 17210.9. If CalRecycle grants a waiver pursuant to this subsection, the provisions of this chapter shall not apply to such disaster debris for the period of the waiver.
C. 
Sediment Exclusion. The city may dispose of sediment debris removed from dams, culverts, reservoirs, channels and other flood control infrastructure if the material is subject to a waste discharge requirement issued by the Regional Water Quality Control Board that requires the average organic content of the debris to be less than five percent.
D. 
Homeless Encampments and Illegal Disposal Sites. The city is not required to separate or recover organic waste that is removed from homeless encampments and illegal disposal sites as part of an abatement activity to protect public health and safety. If the total amount of solid waste removed for landfill disposal pursuant to this subsection is expected to exceed one hundred tons annually, the city shall record the amount of material removed.
E. 
Quarantined Materials. The city may dispose of specific types of organic waste that are subject to quarantine and that meet the following requirements: (1) the organic waste is generated from within the boundaries of an established interior or exterior quarantine area defined by the California Department of Food and Agriculture for that type of organic waste; (2) the California Department of Food and Agriculture or the county agricultural commissioner determines that the organic waste must be disposed of at a solid waste landfill and the organic waste cannot be safely recovered through any of the recovery activities identified in Part 2 of this chapter; and (3) the city retains a copy of the California Department of Food and Agriculture approved compliance agreement from each shipment stating that the material must be transported to a solid waste landfill operating under the terms of its own compliance agreement for the pest or disease of concern.
F. 
Federal Exemptions. This chapter shall not apply to organic waste that federal law explicitly requires to be managed in a manner that constitutes landfill disposal.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.13.
The city shall include the following information and documents in the implementation record:
A. 
A copy of all correspondence received from a facility that triggered a processing facility temporary equipment or operational failure waiver and documentation setting forth the date of issuance of the waiver, the time frame for the waiver, and the locations or routes affected by the waiver.
B. 
A description of the city's process for issuing waivers and frequency of inspections by the city to verify the validity of waivers.
C. 
A copy of all de minimis waivers, including the location, date issued, and name of generators.
D. 
A copy of all physical space waivers, including the location, date issued, and name of generators.
E. 
A copy of all collection frequency waivers, including the location, date issued, and name of generators.
F. 
A record of the amount of sediment debris that is disposed pursuant to Section 14.06.03.140(C) on an annual basis.
G. 
A record of the amount of solid waste removed from homeless encampments and illegal disposal sites as part of an abatement activity if the total amount of material removed exceeds one hundred tons.
H. 
A copy of all compliance agreements for quarantined organic waste that is disposed, including the name of generator, date issued, location of final disposition, and the amount of organic waste that was required to be disposed at a solid waste landfill.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18984.14.