A. 
The city hereby reserves the right to implement a performance-based organic waste collection service by doing all of the following:
1. 
Providing a three-container organic waste collection service consistent with Section 14.06.03.020 to at least ninety percent of the commercial businesses in the city and to at least ninety percent of the city's residents.
2. 
Transporting the contents of the source separated organic waste collection stream to a designated source separated organic waste facility.
3. 
Ensuring that the presence of organic waste in the gray container collection stream does not exceed an annual average of twenty-five percent by weight.
(a) 
The annual average percent of organic waste present in the gray container collection stream shall be determined by the results of waste evaluations performed by the city pursuant to Section 14.06.03.060.
(b) 
The annual average percent of organic waste present in a jurisdiction's gray container collection stream is the average of the results of the gray container waste collection stream samples performed by the city in the immediately previous four quarters pursuant to Section 14.06.03.060.
4. 
Providing collection service to organic waste generators, without any requirement that commercial businesses or residents first request solid waste collection service prior to enrollment in those services.
5. 
Notifying CalRecycle pursuant to Section 14.06.17.030.
B. 
If the city implements a performance-based organic waste collection service and delegates collection services to a designee, the city shall include in its contracts or agreements with the designee a requirement that all haulers transport the source separated organic waste collection stream collected from generators to a designated source separated organic waste facility.
C. 
If the city fails to meet the requirements of this section after notifying CalRecycle in accordance with Section 14.06.17.030, the city shall implement an organic waste collection service that complies with the requirements of Part 3 of this chapter.
D. 
If the city implements a performance-based organic waste collection service pursuant to this section, a hauler providing a performance-based source separated collection service is not required to comply with the provisions of Section 14.06.07.020, but shall comply with the following:
1. 
Only transport the source separated organic waste collection stream to a designated source separated organic waste recycling facility.
2. 
Keep a record of the documentation of its approval by the city.
E. 
The requirements of subsection D of this section are not applicable to:
1. 
A hauler that, consistent with Public Resources Code Section 41950 et seq., transports source separated organic waste to a community composting site; or
2. 
A hauler that is lawfully transporting construction and demolition debris in compliance with Section 14.06.08.010.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18998.1.
If the city implements a performance-based source separated collection service that meets the requirements of Section 14.06.17.010, the city shall not be subject to the following:
A. 
The two-container and single-container requirements of Sections 14.06.03.030 and 14.06.03.040.
B. 
The container labeling requirements in Section 14.06.03.090, and the waiver provisions of Section 14.06.03.120.
C. 
The recordkeeping requirements in Sections 14.06.03.050 and 14.06.03.150.
D. 
The organic waste recovery education and outreach requirements in Section 14.06.04.010.
E. 
The recordkeeping requirements in Section 14.06.04.030, except as related to edible food recovery education and outreach performed under Section 14.06.04.020.
F. 
The regulation of haulers in Part 7 of this chapter.
G. 
The city's annual reporting requirements in Sections 14.06.13.020(C)(1) and (2), (D), (E), (F), and (J).
H. 
The city's inspection and enforcement requirements in Section 14.06.14.010, except for the provisions related to edible food generators and food recovery organizations and services in that section.
I. 
The implementation record and recordkeeping requirements in Sections 14.06.14.020(F)(3) through (7). Implementation records requirements of Sections 14.06.14.020(F)(11), (12) and (13) shall only be required for inspections and enforcement related to edible food generators and food recovery organizations and services.
J. 
The city's investigation of complaints of alleged violations and requirements in Section 14.06.14.030, except as it pertains to entities subject to the edible food recovery requirements of Part 10 of this chapter.
K. 
The city's enforcement requirements in Section 14.06.14.040, except as it pertains to entities subject to the edible food recovery requirements of Part 10 of this chapter.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18998.2.
A. 
If the city implements a performance-based source separated collection service beginning in 2022, the city shall notify CalRecycle on or before January 1, 2022. If the city will implement a performance-based source separated collection system in any subsequent year, the city shall notify CalRecycle on or before January 1st of that year.
B. 
The notification required by subsection A of this section shall include the following information:
1. 
The name of the city.
2. 
The date on which the city will start providing the performance-based source separated collection service.
3. 
Contact information for the city, including the name, address, and telephone number of the city representative with primary responsibility for ensuring compliance with this part.
4. 
The address within the city where all records required by this chapter are maintained.
5. 
A list of each designated source separated organic waste facility, landfill disposal facility, and any other solid waste facility and their recycling and disposal reporting system numbers, for any facility that will be receiving solid waste directly from the city.
6. 
The name of any designee to whom the city has delegated responsibilities pursuant to Section 14.06.17.010, and any relevant documentation demonstrating the designee's obligation to comply with the provisions of this part.
7. 
A statement by the city representative with primary responsibility for ensuring compliance with this part, under penalty of perjury, that all information contained in the notification is true and correct to the best of that person's knowledge and belief.
8. 
The percent of commercial businesses and the percent of the residential sector currently enrolled in organic waste collection services provided by the city.
C. 
If the city implements a performance-based source separated collection service, then, in the initial report to CalRecycle required in Section 14.06.13.010, the city shall certify that at least ninety percent of the city's commercial businesses and ninety percent of the city's residential sector are enrolled in a collection service that complies with the requirements of Section 14.06.17.010.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18998.3.
If the city implements a performance-based source separated collection service pursuant to this part, the city shall maintain the following information and documents in the implementation record:
A. 
The geographical area each designee serves.
B. 
If a designee is used, a copy of the contract or agreement for each designee specifying the requirement that all haulers transport the source separated organic waste collection stream collected from generators subject to the city's authority to a designated source separated organic waste facility.
C. 
Records indicating compliance with Section 14.06.17.010(A), including without limitation:
1. 
A current list of generator addresses subject to the city's authority.
2. 
A current list of generator addresses subject to the city's authority that are served with a performance-based source separated organic waste collection service.
3. 
A current list of generator addresses within the city that the city does not require to use the performance-based source separated organic waste collection service.
4. 
Documentation of the enrollment system used by the city consistent with Section 14.06.17.010(A)(4).
D. 
Even if the city implements a performance-based source separated collection service, the city is still required to maintain the following records specified in the following subsections of Section 14.06.14.020:
1. 
Section 14.06.14.020(F)(1).
2. 
Section 14.06.14.020(F)(2) and (6) as they pertain to the edible food recovery requirements of this chapter.
3. 
Section 14.06.14.020(F)(8), (9) and (10).
4. 
Section 14.06.14.020(F)(11), (12) and (13) as they pertain to the edible food recovery requirements of this chapter.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18998.4.