The Solid Waste Director, or his or her designee, is hereby authorized to make any determinations, or undertake or arrange for any programs or activities required to implement and enforce the SB 1383 Regulations. In the event of a conflict between a definition set forth in 14 CCR Section 18982 and a term defined in County Code Section 4-03-1005, the definition set forth in 14 CCR Section 18982 shall control. Nothing in this Chapter is intended to nor shall it be interpreted or construed as violating 14 CCR Sections 18990.1(b) or 18990.2.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
In undertaking his or her obligations under Section 4-03-1620, the Solid Waste Director, or his or her designee, shall have sole authority and responsibility to perform the following nondelegable determinations, programs or activities, and in so doing may utilize County personnel:
a) 
Initially determine, or modify, the Organic Waste collection services approach to be used by the County, either the standard organic waste collection services set forth in Article 3 of the SB 1383 Regulations, or the performance-based collection services set forth in Article 17 of the SB 1383 Regulations, following consultation with the Franchise Hauler.
b) 
Adopting or modifying Organic Waste Recovery and Edible Food Recovery standards and policies consistent with SB 1383 Regulations.
c) 
Granting of waivers from certain SB 1383 Regulations to an Organic Waste Generator, and preparation and maintenance of records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.11.
d) 
Conducting inspections and investigations in accordance with Section 18995.1 of Organic Waste Generators for compliance with applicable SB 1383 Regulations, and preparation and maintenance of records regarding such activities.
e) 
Conducting inspections and investigations of complaints in accordance with Section 18995.3 of alleged violations of Chapter 12 of the SB 1383 Regulations, and preparation and maintenance of records regarding such activities.
f) 
Applying for waivers or exemptions from certain SB 1383 Regulations granted by CalRecycle and maintaining records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.12.
g) 
Applying for waivers from SB 1383 requirements granted by CalRecycle in the event of emergencies or disasters and maintaining records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.13.
h) 
Regulating Food Recovery Organizations and Food Recovery Services for their compliance with applicable SB 1383 Regulations.
i) 
Regulating Organic Waste Generators for their compliance with applicable SB 1383 Regulations.
j) 
Initiating, inspecting, and prosecuting enforcement actions against Franchise Haulers, Food Recovery Organizations, Food Recovery Services and Organic Waste Generators for violation of this Article, including the determination and assessment of penalties as set forth in 14 CCR Sections 18995.1, 18995.4, 18997.1 and 18997.2.
k) 
Receipt and investigation of written complaints of alleged violations of Chapter 12 of Title 14 as set forth in 14 CCR Section 18995.3.
l) 
Procuring of recycled-content paper for use by the County as set forth in 14 CCR Section 18993.3.
m) 
Adopting or modifying CALGreen Building Standards as set forth in 14 CCR Section 18989.1 and adopting a Water Efficient Landscaping Ordinance as set forth in 14 CCR Section 18989.2.
n) 
Undertaking Organic Waste capacity planning, as set forth in 14 CCR Section 18992.1, and Edible Food Recovery capacity planning, as set forth in 14 CCR Section 18992.2.
o) 
Maintaining and submitting records and reports required by the SB 1383 Regulations.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
Except for those determinates, programs, or activities that are nondelegable as set forth under Section 4-03-1625, in undertaking his or her obligations under Section 4-03-1620, the Solid Waste Director, or his or her designee, may undertake programs or activities implementing applicable provisions of the SB 1383 Regulations, and in so doing may utilize County personnel, or may make arrangements for these delegable programs or activities as set forth in the SB 1383 Regulations with a Franchise Hauler, Food Recovery Organization, Food Recovery Service, other private or nonprofit entities, or through agreements with other jurisdictions.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
Single-Family Organic Waste Generators shall comply with the following requirements except Single-Family generators that meet the Self-Hauler requirements in accordance with this Chapter. Single-Family Organic Waste Generators:
(a) 
Shall pay for and subscribe to County's Organic Waste collection services for all Organic Waste generated as described below, unless a waiver has been granted by the County. County shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family generators shall adjust their service level for their collection services as requested by the County. Generators are responsible for any failure to subscribe and pay for such services, and 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 County'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. Single-Family Organic Waste Generators shall comply with the applicable requirements of the County Code relating to collection and recovery of organic waste or the applicable SB 1383 Regulations and failure to comply may result in an enforcement action as set forth in Section 4-03-1675.
(1) 
A three- and three-plus-container collection service (Blue Container, Green Container, and Gray Container) (choose Option 1a or 1b).
(A) 
Option 1a: Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.
(B) 
Option 1b: Generator shall place Source Separated Green Container Organic Waste, except Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Mixed Waste, including Food Waste, in the Gray Container. Generator shall not place materials designated for the Green Containers or Blue Containers in the Gray Containers.
(2) 
It shall be unlawful and a violation of this Article to place Prohibited Container Contaminants in a collection container, and may subject the Generator to a contamination processing fee or Enforcement Action as set forth in Section 4-03-1675.
(a) 
The Gray Container is provided solely for the placement and collection of nonorganic Solid Waste. No Organic Waste or Recyclable is permitted in the Gray Container.
(b) 
The Blue Container is provided solely for the placement and collection of Recyclable. No Source Separated Green Container Organic Waste or Nonrecyclable is permitted in the Blue Container.
(c) 
The Green Container is provided solely for the placement and collection of Source Separated Green Container Organic Waste. No Recyclable or nonorganic Solid Waste is permitted in the Green Container.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
a) 
Commercial Generators responsible for Compliance. Each Commercial Generator, as defined in Section 4-03-1005, shall be responsible for ensuring and demonstrating its compliance with the requirements of this Chapter, including all multifamily dwellings of five units or more, and also including multifamily dwellings under five units that share Collection containers and services under one subscription with the Franchise Hauler.
b) 
Commercial Recycling and Organics Collection Required. Each Commercial Generator shall be automatically enrolled in the County's three-container Organic Waste Collection services with a Source Separated Recycling Materials service level and with a Source Separated Green Organic Waste service level, approved by the Solid Waste Director or designee. The County shall have the authority to change the minimum required service levels over time. The Commercial Business's Source Separated Recyclable Material service level, and the Source Separated Green Container Organic Waste service level must be sufficient for the amount of Source Separated Recyclable Materials and Source Separated Green Container Organic Waste generated by the Commercial Business. The County shall have the right to review the number, size, and location of a generator's containers and the 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 Business shall adjust its service level for its collection services as requested by County.
Except Commercial Businesses that meet the Self-Hauler requirements in Section 4-03-1665, participate in and comply with the County's three-container (Blue Container, Green Container, and Gray Container) collection service by placing designated materials in designated containers as described below. It shall be unlawful and a violation of this Chapter to place Prohibited Container Contaminants in a collection container, and may subject the Generator to a contamination processing fee or Enforcement Action as set forth in Section 4-03-1675:
(i)
The Gray Container is provided solely for the placement and collection of nonorganic Solid Waste. No Organic Waste or Recyclable is permitted in the Gray Container.
(ii)
The Blue Container is provided solely for the placement and collection of Recyclable. No Source Separated Green Container Organic Waste or Nonrecyclable is permitted in the Blue Container.
(iii)
The Green Container is provided solely for the placement and collection of Source Separated Green Container Organic Waste. No Recyclable or nonorganic Solid Waste is permitted in the Green Container.
c) 
Generators must supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming the requirements) for employees, contractors, tenants, and customers, consistent with the County'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 4-03-1665.
d) 
Commercial generators (excluding Multifamily Residential Dwellings) must 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 County, 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, as set forth in 14 CCR 18984.9(d).
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.
e) 
Multifamily Residential Dwellings are not required to comply with container placement requirements or labeling requirements in subsection (d) pursuant to 14 CCR Section 18984.9(b).
f) 
To the extent practical through education, training, Inspection, and/or other measures, excluding Multifamily Residential Dwellings, Commercial Generators shall prohibit employees from placing materials in a container not designated for those materials per the County'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 4-03-1665.
g) 
Commercial Generators (excluding Multifamily Residential Dwellings) periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
h) 
Commercial Generators shall 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) 
Commercial Generators shall provide education information before or within fourteen (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 Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property.
j) 
Commercial Generators shall provide or arrange access for County, the Solid Waste Department, the Solid Waste Director, or designee(s) or agents to their properties during all Inspections conducted in accordance with Section 4-03-1670 of this Chapter to confirm compliance with the requirements of this Chapter.
k) 
Commercial Generators shall accommodate and cooperate with County'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 subsection (b). The Remote Monitoring program may involve installation of Remote Monitoring equipment as set forth in 14 CCR Section 18984.5.
l) 
At Commercial Business's option and subject to any approval required from the County, Commercial Generators may implement a Remote Monitoring program for Inspection of the contents of its Blue Containers, Green Containers, and Gray Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Generators may install Remote Monitoring devices on or in the Blue Containers, Green Containers, and Gray Containers subject to written notification to or approval by the County, or the Solid Waste Department.
m) 
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).
n) 
Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 4-03-1650.
o) 
Exemptions to mandatory commercial recycling and organics. The following shall be exempt from the requirements of this section. Commercial generators seeking an exemption shall submit their request for exemption in a form specified by the Solid Waste Director. After reviewing the exemption request, and after an on-site review, if applicable the Solid Waste Director may either approve, conditionally approve, or deny the exemption request.
1. 
The state, a special district, or other local public agency other than the County, as defined, or any employee thereof, when collecting or transporting recyclable materials produced by operation or system of the entities described above.
2. 
Municipal corporations and governmental agencies other than the County using their own vehicles and employees engaged in the collection, transportation or disposal of recyclable materials within the boundaries of the County.
3. 
Commercial Generators that can provide documentation to the satisfaction of the Solid Waste Director showing that no organic materials and recyclable materials are generated by that Commercial Generator, its employees, customers, tenants, business practices, and other persons or processes which occur on the premises of the Commercial Generator. This exemption may be granted only if the Commercial Generator is not subject to the requirements of AB 1826 or AB 341.
4. 
Commercial Generators that can provide documentation to the satisfaction of the Solid Waste Director that there is inadequate space on the subject premises for the Commercial Generator to store sufficient containers for recyclable materials and organic materials on site and that it is infeasible for the Commercial Generator to share recyclable materials or organic materials containers with adjacent commercial facilities or multifamily dwellings. This exemption may be granted only if the Commercial Generator is not subject to the requirements of AB 1826 or AB 341.
5. 
Commercial Generators that can provide documentation to the satisfaction of the Solid Waste Director that compliance with this Chapter will result in violating County zoning or other regulations. This exemption may be granted only if the Commercial Generator is not subject to the requirements of AB 1826 or AB 341.
Nothing in the foregoing shall exempt a Commercial Business from compliance with Section 42649.81 of the Public Resources Code.
p) 
Implementation. Each Commercial Generator shall use containers to collect and store recyclable materials and organic materials, and shall designate areas to collect and/or store these materials. Each Commercial Generator shall prominently post and maintain one or more signs in maintenance or work areas or common areas where recyclable materials and organic materials are collected and/or stored that specify the materials to be recycled and how to recycle such material. The County shall notify and instruct Commercial Generators in writing of applicable recycling and organics requirements. Upon request by Commercial Generators, the County will also provide outreach and training to Commercial Generator employees and tenants regarding what materials are required to be recycled and how to recycle such material. Additionally:
1. 
The Solid Waste department shall annually work with the Franchise Hauler to identify Commercial Generators subject to the requirements in this Chapter.
2. 
The Solid Waste department shall review Franchise Hauler data to confirm whether all Commercial Generators are compliant with the requirements of this Chapter by reviewing subscription levels of Refuse, Organic Waste, and Recyclables Collection services. Those Commercial Generators who do not subscribe to the required Collection services with the franchised hauler will be notified of the requirement to subscribe or self-haul organics and recyclables. Those Commercial Generators who do not subscribe to the required services with the franchised hauler, but who can produce evidence of legitimate self-haul of organics and recyclables, will be deemed compliant with this Chapter, whereas those who cannot will be deemed noncompliant.
3. 
The Solid Waste department shall work with the Franchise Hauler to conduct site visits with select Commercial Generators each year, covering all Commercial Generators every five years, in order to document whether Commercial Generators participate in the required recycling and organics collection programs (not just subscribe) and are therefore in compliance with the requirements of this Chapter.
4. 
Solid Waste department shall annually work with any noncompliant Commercial Generators in order to bring them into compliance with the requirements of this Chapter by providing outreach, education, and technical assistance to facilitate compliance.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
(a) 
De Minimis Waivers. The County may waive a Commercial Business's obligation (including Multifamily Residential Dwellings) to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described below. Commercial Businesses requesting a de minimis waiver shall:
(1) 
Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section (a)(2) below.
(2) 
Provide documentation that either:
(A) 
The Commercial Business's total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business' total waste; or
(B) 
The Commercial Business's total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business's total waste.
(3) 
Notify the Solid Waste Department 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 5 years, if the Solid Waste Department has approved de minimis waiver.
(b) 
Physical Space Waivers. The County may waive a Commercial Business's or property owner's obligations (including Multifamily Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the County 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 mentioned above.
A Commercial Business or property owner may request a physical space waiver through the following process:
(1) 
Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) 
Provide documentation that the premises lacks adequate space for Blue Containers and Green Containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) 
Provide written verification to the Solid Waste Department that it is still eligible for physical space waiver every five years, if the Solid Waste Department has approved application for a physical space waiver.
(c) 
Collection Frequency Waiver. The County, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the County's three container Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both once every fourteen days, rather than once per week.
(d) 
Review and Approval of Waivers by County. The Solid Waste Department will be responsible for review and approval of waivers. The decisions of the Department to grant or deny waivers is final.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
(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: (i) the collection of Edible Food for Food Recovery; or (ii) 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 County'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).
(B) 
A copy of all contracts or written agreements 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.
(6) 
No later than January 1st of each year commencing no later than January 1st for Tier One Commercial Edible Food Generators and February 1st for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the Jurisdiction that includes the following information: Tonnage of Food Waste Diverted from the Waste Stream, Tonnage of Food Waste Unable to be Diverted from the Waste Stream, and Tonnage of Food Waste given to a Food Recovery Service.
(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).
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
(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 County 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 it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than July 1, 2023.
(e) 
Food Recovery Capacity Planning
(1) 
Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, Food Recovery Services and Food Recovery Organizations operating in the County shall provide information and consultation to the County, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the County and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the County shall respond to such request for information within 60 days, unless a shorter time frame is otherwise specified by the County.
(2) 
Jurisdictions and Regional Agencies. Cities and special districts that provide solid waste collection services, and regional agencies located within the County shall conduct Edible Food Recovery capacity planning, in coordination with the County.
(A) 
If the County identifies that new or expanded capacity to recover Edible Food is needed, then each city and/or special district within the County that lacks capacity shall:
(i) 
Submit an implementation schedule to CalRecycle and the County that demonstrates how it will ensure there is enough new or expanded capacity to recover the Edible Food currently disposed by Commercial Edible Food Generators within its jurisdiction by the end of the reporting period set forth in 14 CCR Section 18992.3. The implementation schedule shall include the information specified in 14 CCR Section 18992.2(c)(1)(A).
(ii) 
Consult with Food Recovery Organizations and Food Recovery Services regarding existing, or proposed new and expanded, capacity that could be accessed by the city and/or special district and its Commercial Edible Food Generators.
(B) 
If the County finds that new or expanded capacity is needed, the County shall notify the city and/or special district(s) that lack sufficient capacity.
(C) 
A city or special district that provides solid waste collection services, or Regional Agency contacted by the County pursuant to this Section shall respond to the County's request for information within 120 days of receiving the request from the County, unless a shorter time frame is otherwise specified by the County.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
(a) 
Requirements for Franchise Haulers.
(1) 
All Franchise Haulers providing residential, Commercial, or industrial Organic Waste collection services to generators within the County's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the County to collect Organic Waste:
(A) 
In accordance with 14 CCR 18998.1, through written notice to the County identify the facilities to which the Franchise Hauler will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste by written notice.
(B) 
In accordance with 14 CCR Section 18988.2, 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.
(2) 
The Franchise Haulers authorized to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements, as applicable, in accordance with its Franchise Agreement, permit, license, or other agreement entered into with County.
(b) 
Requirements for Transfer Station Operators and Community Composting Operations.
(1) 
Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, transfer stations, Compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon County's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the County shall respond within 60 days.
(2) 
Community Composting operators, upon County's request, shall provide information to the County 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 County shall respond within 60 days.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
(a) 
Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that County otherwise requires generators to separate for collection in the County'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 Multifamily Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the County. 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) 
Self-Haulers that are Commercial Businesses (including Multifamily Self-Haulers) shall provide information collected in Section 4-03-1650(c).
(e) 
A residential Organic Waste Generator that self hauls Organic Waste is not required to record or report information in Section 4-03-1650(c).
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
Inspections shall comply with the following requirements:
(a) 
The County, Solid Waste Department, Solid Waste Director, or authorized and designated representatives thereof are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including Multifamily Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws ("Regulated Entities"). This Section does not allow County, the Solid Waste Department, Solid Waste Director, or any authorized or designated representatives thereof to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business containers for compliance with this Section the County, through its Solid Waste Department, Solid Waste Director, or designee(s) may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to this Section.
(b) 
Regulated Entities shall provide or arrange for reasonable access during all Inspections (with the exception of residential property interiors) and shall cooperate with the County'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: (i) access to an entity's premises; (ii) installation and operation of Remote Monitoring equipment (optional); or (ii) 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 County during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d) 
The Solid Waste Department, or the Solid Waste Director, or designee are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
(e) 
County shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 Regulations, including receipt of anonymous complaints.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
(a) 
Violation of any provision of this Article 13 shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the Solid Waste Department, representative, or designee. The procedures regarding imposition, enforcement, collection, and review of citations, found at Chapter 23 of Part I of the Tulare County Ordinance Code, are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter.
(b) 
Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The County of Tulare may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The County of Tulare 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 County staff and resources.
(c) 
Responsible Entity for Enforcement.
(1) 
Enforcement pursuant to this Chapter may be undertaken by the Solid Waste Department, which may be the Solid Waste Director, or designee.
(A) 
The Solid Waste Department, Solid Waste Director, or designee will interpret this Chapter; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.
(B) 
The Solid Waste Department, Solid Waste Director, or designee may issue Notices of Violation(s).
(d) 
Process for Enforcement.
(1) 
The Solid Waste Department, or Solid Waste Director and/or their Designee will monitor compliance with this Chapter randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring). Section 4-03-1670 establishes the County's right to conduct Inspections and investigations.
(2) 
The County of Tulare may issue an official notification to notify regulated entities of its obligations under this Chapter.
(3) 
For incidences of Prohibited Container Contaminants found in containers, the County may issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication, or other written notice immediately upon identification of the Prohibited Container Contaminants or within 10 days after determining that a violation has occurred. If the County or the Franchise Hauler observes Prohibited Container Contaminants in a generator's containers on more than 3 consecutive occasion(s), the County may assess or may authorize the Franchise Hauler to assess in accordance with its franchise agreement, contamination processing fees on the generator.
(4) 
With the exception of violations of generator contamination of container contents addressed under subsection (d)(3) above, County 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, County shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 23 of Part I of the Tulare County Ordinance Code. The following table describes different violations but is not exhaustive.
Table 1. List of Violations
Requirement
Description of Violation
Commercial Business and Commercial Business Owner Responsibility Requirement
Commercial Business fails to provide or arrange for Organic Waste collection services consistent with Jurisdiction requirements and as outlined in this Chapter, for employees, contractors, tenants, and customers, including supplying and allowing access to adequate numbers, size, and location of containers and sufficient signage and container color.
Organic Waste Generator Requirement
Organic Waste Generator fails to comply with requirements adopted pursuant to this Chapter for the collection and Recovery of Organic Waste.
Hauler Requirement
A hauler providing residential, Commercial or industrial Organic Waste collection service fails to transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste, as prescribed by this Chapter.
Hauler Requirement
A hauler providing residential, Commercial, or industrial Organic Waste collection service fails to obtain applicable approval issued by the Jurisdiction to haul Organic Waste as prescribed by this Chapter.
Hauler Requirement
A hauler fails to keep a record of the applicable documentation of its approval by the Jurisdiction, as prescribed by this Chapter.
Self-Hauler Requirement
A generator who is a Self-Hauler fails to comply with the requirements of 14 CCR Section 18988.3(b).
Commercial Edible Food Generator Requirement
Tier One Commercial Edible Food Generator fails to arrange to recover the maximum amount of its Edible Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food Recovery Service and comply commencing Jan. 1, 2022.
Commercial Edible Food Generator Requirement
Tier Two Commercial Edible Food Generator fails to arrange to recover the maximum amount of its Edible Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food Recovery Service and comply commencing Jan. 1, 2024.
Commercial Edible Food Generator Requirement
Tier One or Tier Two Commercial Edible Food Generator intentionally spoils Edible Food that is capable of being recovered by a Food Recovery Organization or Food Recovery Service.
Organic Waste Generator, Commercial Business Owner, Commercial Edible Food Generator, Food Recovery Organization or Food Recovery Service
Failure to provide or arrange for access to an entity's premises for any Inspection or investigation.
Recordkeeping Requirements for Commercial Edible Food Generator
Tier One or Tier Two Commercial Edible Food Generator fails to keep records.
Recordkeeping Requirements for Food Recovery Services and Food Recovery Organizations
A Food Recovery Organization or Food Recovery Service that has established a contract or written agreement to collect or receive Edible Food directly from a Commercial Edible Food Generator pursuant to 14 CCR Section 18991.3(b) fails to keep records.
(6) 
Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the County 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.
(e) 
Penalty Amounts for Types of Violations. The penalty levels are as follows:
(1) 
For a first violation, the amount of the base penalty shall be $50 to $100 per violation.
(2) 
For a second violation, the amount of the base penalty shall be $100 to $200 per violation.
(3) 
For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.
(f) 
Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
(1) 
The nature, circumstances, and severity of the violation(s).
(2) 
The violator's ability to pay.
(3) 
The willfulness of the violator's misconduct.
(4) 
Whether the violator took measures to avoid or mitigate violations of this Chapter.
(5) 
Evidence of any economic benefit resulting from the violation(s).
(6) 
The deterrent effect of the penalty on the violator.
(7) 
Whether the violation(s) were due to conditions outside the control of the violator.
(g) 
Compliance Deadline Extension Considerations. The County may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this Section 4-03-1675 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) 
Acts of God such as earthquakes, wildfires, flooding, pandemic, epidemic, or the threat thereof and other emergencies or natural disasters;
(2) 
Delays in obtaining discretionary permits or other government agency approvals; or
(3) 
Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the County is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(h) 
Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with County's procedures in Chapter 31 of Part I of the Tulare County Ordinance Code for appeals of administrative citations. Evidence may be presented at the hearing. The County will appoint a hearing officer who shall conduct the hearing and issue a final written order.
(i) 
Education Period for Noncompliance. Beginning January 1, 2022, and through December 31, 2023, County will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if County determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
(j) 
Civil Penalties for Noncompliance. Beginning January 1, 2024, if the County determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant this section.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)