[Added 3-21-2022 by Ord.
No. 1280]
(a)
State recycling law, Assembly Bill 939 of 1989, the California Integrated
Waste Management Act of 1989 (California Public Resources Code Section
40000, et seq., as amended, supplemented, superseded, and replaced
from time to time), requires cities and counties to reduce, reuse,
and recycle (including composting) solid waste generated in their
Jurisdictions to the maximum extent feasible before any incineration
or landfill disposal of waste, to conserve water, energy, and other
natural resources, and to protect the environment.
(b)
State recycling law, Assembly Bill 341 of 2011 (approved by the Governor
of the State of California on October 5, 2011, which amended Sections
41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001
of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8
(commencing with Section 42649) to Part 3 of Division 30 of, and added
and repealed Section 41780.02 of, the Public Resources Code, as amended,
supplemented, superseded and replaced from time to time), places requirements
on businesses and multi-family property owners that generate a specified
threshold amount of solid waste to arrange for recycling services
and requires the City to implement a mandatory commercial recycling
program.
(c)
State organics recycling law, Assembly Bill 1826 of 2014 (approved
by the Governor of the State of California on September 28, 2014,
which added Chapter 12.9 (commencing with Section 42649.8) to Part
3 of Division 30 of the Public Resources Code, relating to solid waste,
as amended, supplemented, superseded, and replaced from time to time),
requires businesses and Multi-Family property owners that generate
a specified threshold amount of solid waste, recycling, and organic
waste per week to arrange for recycling services for that waste, requires
Jurisdictions to implement a recycling program to divert organic waste
from businesses subject to the law, and requires the City to implement
a mandatory commercial organics recycling program.
(d)
A. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016,
requires CalRecycle to develop regulations to reduce organics in landfills
as a source of methane. The regulations place requirements on multiple
entities including Jurisdictions, residential households, commercial
businesses and business owners, Commercial Edible Food Generators,
haulers, self-haulers, food recovery organizations, and food recovery
services to support achievement of Statewide organic waste disposal
reduction targets.
(e)
SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016,
requires the City to adopt and enforce an ordinance or enforceable
mechanism to implement relevant provisions of SB 1383 Regulations.
This article may also help reduce food insecurity by requiring Commercial
Edible Food Generators to arrange to have the maximum amount of their
edible food, that would otherwise be disposed, be recovered for human
consumption.
(f)
Requirements in this article are consistent with other adopted goals
and policies of the City including: Irrigation Efficiency Ordinance.
[Added 3-21-2022 by Ord.
No. 1280]
As used in this Article:
Shall mean any bin, can, receptacle, or any other type of
receptacle or depository designated by the City or a City-designated
waste removal company for the deposit, storage, and collection of
refuse. For the two-container collection service, this also includes
the deposit, storage and collection of recyclables. A container may
also be described as an automatic lift container cart, drop box, roll-off,
compactor container, standard automated container, drop box container
or detachable container or bin.
Construction and demolition debris.
Means the State of California Code of Regulations. CCR references
in this article are preceded with a number that refers to the relevant
Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
Means California's Department of Resources recycling
and Recovery, which is the Department designated with responsibility
for developing, implementing, and enforcing SB 1383 Regulations on
Jurisdictions (and others).
Means the City of Oakdale, California, or the area within
the territorial limits of the City of Oakdale, California, and such
territory outside of the City over which the City has jurisdiction
or control by virtue of any constitutional or statutory provision.
Means the City Manager or designee, except as otherwise provided
herein, the Public Services Director shall administer, implement and
enforce the provisions of this chapter.
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,
or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family
residential dwelling that consists of fewer than five units is not
a Commercial Business for purposes of implementing this article.
Includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Section 26-36 (nnn) and (ooo) of this article or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not Commercial Edible Food generators pursuant to 14 CCR Section 18982(a)(7).
Means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and Compost on-site
at any one time does not exceed 100 cubic yards and 750 square feet,
as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined
by 14 CCR Section 18982(a)(8).
Means a review of records by the City Oakdale to determine
compliance with this article.
Has the same meaning as in 14 CCR Section 17896.2(a)(4),
which stated, as of the effective date of this article, that "Compost"
means the product resulting from the controlled biological decomposition
of organic solid wastes that are source separated from the municipal
solid waste stream, or which are separated at a centralized facility.
Means plastic materials that meet the ASTM D6400 standard
for compost ability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A)
or 18984.2(a)(1)(C), and have shown to properly breakdown during processing
and composting operations without becoming a contaminant to finished
compost material.
Means a container, regardless of color, that contains Prohibited
Container Contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
As defined in 14 CCR Section 18982(14.5), means a solid waste
facility that accepts a source separated organic waste collection
stream as defined in 14 CCR Section 17402(a)(26.6) and complies with
one of the requirements according to facility type in 14 CCR Section
18982(a)(14.5)(A) through Section 18982(a)(14.5)(B).
Means an entity that the City contracts with or otherwise
arranges to carry out any of the City's responsibilities of this
article 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 an action of the City to address non-compliance with
this article including, but not limited to, issuing administrative
citations, fines, penalties, or using other remedies.
Means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious,
regulated radioactive waste, and toxic substances or material that
facility operator(s), which receive materials from the 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 expose the City, or its designee, to potential
liability; but not including de minimis volumes or concentrations
of waste of a type and amount normally found in single-family or Multi-Family
solid waste after implementation of programs for the safe collection,
processing, recycling, treatment, and disposal of batteries and paint
in compliance with Sections 41500 and 41802 of the California Public
Resources Code. Excluded Waste does not include used motor oil and
filters, household batteries, universal wastes, and/or latex paint
when such materials are defined as allowable materials for collection
through the City's collection programs and the generator or customer
has properly placed the materials for collection pursuant to instructions
provided by the City or its Designee for collection services.
Means a company that distributes food to entities including,
but not limited to, supermarkets and grocery stores, or as otherwise
defined in 14 CCR Section 18982(a)(22).
Has the same meaning as in Section 113789 of the Health and
Safety Code.
Means actions to collect and distribute food for human consumption
that otherwise would be disposed, or as otherwise defined in 14 CCR
Section 18982(a)(24).
Means an entity that 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 or as otherwise defined in 14 CCR Section 18982(a)(25),
including, but not limited to:
A food bank as defined in Section 113783 of the Health and Safety
Code;
A nonprofit charitable organization as defined in Section 113841
of the Health and Safety code; and
A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code.
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, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a Commercial Edible Food Generator for the purposes of this article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
Means all food such as, but not limited to, fruits, vegetables,
meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread,
cheese, and eggshells. Food scraps excludes fats, oils, and grease
when such materials are source separated from other food scraps.
Means an entity primarily engaged in providing food services
to institutional, governmental, commercial, or industrial locations
of others based on contractual arrangements with these types of organizations,
or as otherwise defined in 14 CCR Section 18982(a)(27).
Means food scraps, food-soiled paper, and compostable plastics.
Is compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates,
paper coffee cups, napkins, and pizza boxes.
Shall mean any bin, can receptable of cart that has the same
meaning as in 14 CCR Section 18982.2(a)(29), or an existing onsite
container labeled as organics, and shall be used for the purpose of
storage and collection of source separated green container organic
waste.
Means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and
poultry; and any area that is not separately owned within the store
where the food is prepared and served, including a bakery, deli, and
meat and seafood departments, or as otherwise defined in 14 CCR Section
18982(a)(30).
Means the designated itinerary or sequence of stops for each
segment of the City's collection service area, or as otherwise
defined in 14 CCR Section 18982(a)(31.5).
Means a facility that is in compliance with the reporting
requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
annual average mixed waste organic content recovery rate of 50% between
January 1, 2022 and December 31, 2024, and 75% after January 1, 2025,
as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste
received from the "Mixed waste organic collection stream" as defined
in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR
Section 18982(a)(33).
Means a site visit where the City reviews records, containers,
and an entity's collection, handling, recycling, or landfill
disposal of organic waste or edible food handling to determine if
the entity is complying with requirements set forth in this article,
or as otherwise defined in 14 CCR Section 18982(a)(35).
Means an event, including, but not limited to, a sporting
event or a flea market, that charges an admission price, or is operated
by a local agency, and serves an average of more than 2,000 individuals
per day of operation of the event, at a location that includes, but
is not limited to, a public, nonprofit, or privately owned park, parking
lot, golf course, street system, or other open space when being used
for an event, as 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. For purposes of this article and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, hall, conference or civic center, airport, performing arts center, museum, theater, or other public attraction facility. For purposes of this article and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue, as defined in 14 CCR Section 18982(a)(39).
Means a school district, charter school, or county office
of education that is not subject to the control of City or county
regulations related to solid waste, or as otherwise defined in 14
CCR Section 18982(a)(40).
Means of, from, or pertaining to residential premises with
five or more dwelling units. Multi-family premises do not include
hotels, motels, or other transient occupancy facilities, which are
considered commercial businesses.
Refers to the Model Water Efficient Landscape Ordinance (MWELO),
23 CCR, Division 2, Chapter 2.7.
Includes but is not limited to paper that is coated in a
plastic and/or metallic material that will not breakdown in the composting
process, or as otherwise defined in 14 CCR Section 18982(a)(41).
Means the following entities that are not subject to the
City's enforcement authority, or as otherwise defined in 14 CCR
Section 18982(a)(42):
Means non-putrescible and non-hazardous recyclable wastes
including but not limited to bottles, cans, metals, plastics and glass,
or as otherwise defined in 14 CCR Section 18982(a)(43).
Means solid wastes containing material originated from living
organisms and their metabolic waste products, including but not limited
to food, green material, landscape and pruning waste, organic textiles
and carpets, lumber, wood, paper products, printing and writing paper,
manure, biosolids, digestate, and sludges or as otherwise defined
in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined
by 14 CCR Section 18982(a).
Means a person or entity that is responsible for the initial
creation of organic waste, or as otherwise defined in 14 CCR Section
18982(a)(48).
Include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated
boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section
18982(a)(51).
Are as otherwise defined in 14 CCR Section 18982(a)(54).
PROHIBITED CONTAINER CONTAMINANTSMeans the following: (i) discarded materials placed in the Green Container that are not identified as acceptable source separated Green Container organic waste for the City's Green Container; (ii) Excluded waste placed in any container.
Means products made from California, landfill-diverted recovered
organic waste processed in a permitted or otherwise authorized facility,
or as otherwise defined in 14 CCR Section 18982(a)(60).
Means paper products and printing and writing paper that
consists of at least 30% by fiber weight, postconsumer fiber, or as
otherwise defined in 14 CCR Section 18982(a)(61).
Means regional agency as defined in Public Resources Code
Section 40181.
Means the use of the internet and/or wireless electronic
devices to visualize and providing photo documentation of the contents
of containers, for purposes of identifying the quantity of materials
in containers (level of fill) and/or presence of prohibited container
contaminants.
Means an establishment primarily engaged in the retail sale
of food and drinks for on-premises or immediate consumption, or as
otherwise defined in 14 CCR Section 18982(a)(64).
Means a visual Inspection of containers along a hauler route
for the purpose of determining container contamination and may include
mechanical inspection methods such as the use of cameras, or as otherwise
defined in 14 CCR Section 18982(a)(65).
Means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7,
and 39730.8 to the Health and Safety Code, and added Chapter 13.1
(commencing with Section 42652) to Part 3 of Division 30 of the Public
Resources Code, establishing methane emissions reduction targets in
a Statewide effort to reduce emissions of short-lived climate pollutants
as amended, supplemented, superseded, and replaced from time to time.
Means a person, who hauls solid waste, organic waste or recyclable
material he or she has generated to a collection site or facility.
Self-hauler also includes a person who back-hauls waste, or as otherwise
defined in 14 CCR Section 18982(a)(66). Back-haul means generating
and transporting organic waste to a destination owned and operated
by the generator using the generator's own employees and equipment,
or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
Means of, from, or pertaining to any residential premises
with fewer than five units.
Has the same meaning as defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and
non-putrescible solid, semisolid, and liquid wastes, including garbage,
trash, refuse, paper, rubbish, ashes, industrial wastes, demolition
and construction wastes, abandoned vehicles and parts thereof, discarded
home and industrial appliances, dewatered, treated, or chemically
fixed sewage sludge which is not hazardous waste, manure, vegetable
or animal solid and semi-solid wastes, and other discarded solid and
semisolid wastes, with the exception that solid waste does not include
any of the following wastes:
Hazardous waste, as defined in the State Public Resources Code
Section 40141.
Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division
104 of the State Health and Safety Code). Untreated medical waste
shall not be disposed of in a solid waste landfill, as defined in
State Public Resources Code Section 40195.1. Medical waste that has
been treated and deemed to be solid waste shall be regulated pursuant
to Division 30 of the State Public Resources Code.
Means materials, including commingled recyclable materials,
that have been separated or kept separate from the solid waste stream,
at the point of generation, for the purpose of additional sorting
or processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products, which meet the quality standards
necessary to be used in the marketplace, or as otherwise defined in
14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, source
separated shall include separation of materials by the generator,
property owner, property owner's employee, property manager,
or property manager's employee into different containers for
the purpose of collection such that source separated materials are
separated from Black Container Waste or other solid waste for the
purposes of collection and processing.
Means source separated organic waste that can be placed in
a Green Container that is specifically intended for the separate collection
of organic waste by the generator, excluding pet waste, carpets, non-compostable
paper, and textiles.
Means source separated non-organic recyclables.
Means the State of California.
Means a full-line, self-service retail store with gross annual
sales of $2,000,000, or more, and which sells a line of dry grocery,
canned goods, or nonfood items and some perishable items, or as otherwise
defined in 14 CCR Section 18982(a)(71).
Means a Commercial Edible Food Generator that is either a;
supermarket, grocery store with a total facility size equal to or
greater than 10,000 square feet, food service provider, food distributor,
or wholesale food vendor, or as otherwise defined in 14 CCR Section
18982(a)(73).
As defined in 14 CCR Section 18982(a)(74), is a Commercial
Edible Food Generator that is either a restaurant with 250 or more
seats, or a total facility size equal to or greater than 5,000 square
feet, hotel with an on-site food facility and 200 or more rooms, health
facility with an on-site food facility and 100 or more beds, large
venue, large event, a State agency with a cafeteria with 250 or more
seats or total cafeteria facility size equal to or greater than 5,000
square feet, or a local education agency facility with an on-site
Food Facility.
Means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables)
is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination, or as otherwise defined
in 14 CCR Section 189852(a)(76).
[Added 3-21-2022 by Ord.
No. 1280]
Single-Family Organic Waste Generators shall comply with the
following requirements:
(a)
Shall automatically subscribe to City's two-container collection
system as described in the Oakdale Municipal Code. The City shall
have the right to review the number and size of a generator's
containers to evaluate adequacy of capacity provided for each type
of collection service for proper separation of materials and containment
of materials; and, single-family generators shall adjust its service
level for its collection services as requested by the City. Generators
may additionally manage their organic waste by preventing or reducing
their organic waste, pursuant to 14 CCR Section 18984.9(c).
(b)
Shall participate in the Jurisdiction's organic waste collection
service(s) by placing designated materials in designated containers
as described below, and shall not place prohibited container contaminants
in collection containers.
(1)
A two container collection service (Green Container and Black
Container or as labeled).
a.
Generator shall place source separated Green Container Organic
Waste, including food waste, cardboard and paper, in the Green Container;
and Black Container waste in the Back Container. Generators shall
not place materials designated for the Black Container into the Green
Container and shall not place materials designated for the Green Container
into the Black Container.
[Added 3-21-2022 by Ord.
No. 1280]
Commercial Businesses, which includes Multi-Family Residential
Dwellings, shall:
(a)
Except Commercial Businesses that meet the self-hauler requirements in Section 26-43 of this article or which meet waiver requirements listed in Section 26-39 of this article, be automatically enrolled in the City's two-container organic waste collection services with a source separated Green Container organic waste service level in addition to the existing solid waste container. The commercial business' source separated Green Container organic waste service level must be sufficient for the amount source separated Green Container organic waste generated by the commercial business. 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 business shall adjust its service level as requested by the City.
(b)
Except Commercial Businesses that meet the self-hauler requirements in Section 26-43 of this article or which meet waiver requirements listed in Section 26-39 of this article, participate in and comply with the City two-container (Green Container and Black Container) collection service by placing designated materials in designated containers as described: generator shall place source separated Green Container organic waste, including food waste, cardboard and paper, in the Green Container (or one labeled as for organics); and Black Container waste in the Black Container (or container labeled as such, or the container currently designated as the solid waste container). Generators shall not place materials designated for the Black Container into the Green Container, and shall not place materials designated for the Green Organics Container into the Black Container.
(c)
Supply and allow access to adequate number, size, and location of
collection containers with sufficient labels or colors for employees,
contractors, tenants and customers, consistent with City's Green
Container and Black Container collection service.
(d)
Excluding Multi-Family Residential Dwellings, where food and beverages
are generated by the business and consumed onsite, provide containers
to customers and employees for the collection of source separated
Green Container organic waste, and source separated recyclable materials
in all indoor and outdoor areas, if such materials are generated by
the business or customers and employees. Pursuant to 14 CCR Section
18984.9(b), the containers provided by the business shall have either:
(1)
A body or lid that conforms with the container colors provided
through the collection service provided by the City and pursuant to
14 CCR Section 18984.7 for any new containers. A commercial business
is not required to replace existing, functional containers, including
containers purchased prior to January 1, 2022, or prior to January
1, 2036.
(e)
Excluding Multi-Family Residential Dwellings, prohibit employees
from placing materials in a container not designated for those materials
to the extent practical through education, training, Inspection, and/or
other measures to keep contaminants out of those containers pursuant
to 14 CCR Section 18984.9(b)(3).
(f)
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.
(g)
Provide education information in a tenant's lease or within
14 days of known occupation of the premises to new tenants that describes
requirements to keep source separated Green Container organic waste
separate from Black Container waste (when applicable) and the location
of containers and the rules governing their use at each property.
(h)
Provide or arrange access for the City or its agent to their properties during all inspections conducted in accordance with Section 26-47 of this article to confirm compliance with the requirements of this article.
(i)
Accommodate and cooperate with City's or service provider's remote monitoring 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 26-38. Remote monitoring shall involve the use of cameras on top of the service provider's disposal trucks.
(j)
If a Commercial Business wants to self-haul, meet the self-hauler requirements in Section 26-43 of this article.
[Added 3-21-2022 by Ord.
No. 1280]
(a)
De Minimis Waivers: The City may waive a Commercial Business' obligation (including Multi-Family Residential Dwellings) to comply with some or all of the organic waste requirements of this article if the Commercial Business provides documentation that the business generates below a certain amount of organic waste material as described in Section 26-39(a)(2) below. Commercial Businesses requesting a de minimis waiver shall:
(1)
Submit the SB 1383 Compliance form specifying the services that they are requesting a waiver from and provide documentation as noted in Section 26-39(a)(2) below.
(2)
Provide documentation that either:
a.
The Commercial Business' total solid waste collection service
is two cubic yards or more per week and organic waste subject to collection
in a Green Container comprises less than 20 gallons per week per applicable
container of the business' total waste; or
b.
The Commercial Business' total solid waste collection service
is less than two cubic yards per week and organic waste subject to
collection in a Green Container comprises less than 10 gallons per
week per applicable container of the business' total waste.
(3)
Notify the City if circumstances change such that Commercial
Business's organic waste exceeds threshold required for waiver,
in which case waiver will be rescinded.
(4)
Provide written verification of eligibility for de minimis waiver
every five years, if the City has approved de minimis waiver.
(b)
Physical Space Waivers: The City may waive a Commercial Business' or property owner's obligations (including Multi-Family Residential Dwellings) to comply with some or all of the organic waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of Section 26-38.
Commercial Business or property owner may request a physical
space waiver through the following process:
(1)
Submit the SB 1383 Compliance form specifying they are requesting
an organics compliance waiver.
(2)
Provide documentation that the premises lacks adequate space
for Green Containers including documentation from its hauler, licensed
architect, licensed engineer or by verification after a site visit
from a City enforcement official.
(3)
Provide written verification to the City that it is still eligible
for physical space waiver every five years, if the City has approved
application for a physical space waiver.
(c)
Review and approval of waivers by the City Manager or their designee.
(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 requirements
Pursuant to 14 CCR Section 18991.3 and 18991.4, including:
(1)
Keep records that include the following information, or as otherwise
specified in 14 CCR Section 18991.4:
a.
A list of each food recovery service or organization that collects
or receives its edible food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
c.
A record of the following information for each of those food
recovery services or food recovery organizations:
1.
The name, address and contact information of the Food Recovery
Service or food recovery organization.
2.
The types of food that will be collected by or self-hauled to
the Food Recovery Service or food recovery organization.
3.
The established frequency that food will be collected or self-hauled.
4.
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.
(2)
No later than April of each year commencing no later than April 2023 for Tier One Commercial Edible Food Generators and April 2025 for Tier Two Commercial Edible Food Generators provide an annual food recovery report to the City that includes the information from Section 26-40(c)(1) of this article.
(d)
Nothing in this article shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
[Added 3-21-2022 by Ord.
No. 1280]
(b)
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).
(c)
Food recovery organizations and Food Recovery Services that have
their primary address physically located within the City 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 City 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 April of each
year.
(d)
Food Recovery Capacity Planning.
(1)
Food Recovery Services and food recovery organizations shall
provide information and consultation to the City, upon request, regarding
existing, or proposed new or expanded, food recovery capacity that
could be accessed by the City and its Commercial Edible Food Generators.
A Food Recovery Service or food recovery organization contacted by
the City shall respond to such request for information within 60 days,
unless a shorter timeframe is otherwise specified by the City.
[Added 3-21-2022 by Ord.
No. 1280]
(a)
Requirements for Haulers.
(1)
Exclusive franchise hauler, non-exclusive franchised haulers,
permitted haulers, and licensed haulers 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:
a.
Identify the facilities to which they will transport organic
waste including facilities for source separated recyclable materials,
and source separated Green Container organic waste.
c.
Obtain approval from the City to haul organic waste, unless
it is transporting Source Separated organic waste to a Community Composting
site or lawfully transporting C&D in a manner that complies with
all State of California regulations.
(2)
Exclusive franchise hauler, non-exclusive franchised haulers,
permitted haulers, and licensed haulers authorization to collect organic
waste shall comply with education, equipment, signage, container labeling,
container color, contamination monitoring, reporting, and other requirements
contained within its franchise agreement, permit, license, or other
agreement entered into with the City.
(b)
Requirements for Facility Operators and Community Composting Operations.
(1)
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
shall, upon the City'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 City shall respond within 60 days.
(2)
Community Composting operators, upon the City's request,
shall provide information to the City to support organic waste capacity
planning, including, but not limited to, an estimate of the amount
of organic waste anticipated to be handled at the Community Composting
operation. Entities contacted by the City shall respond within 60
days.
[Added 3-21-2022 by Ord.
No. 1280]
(a)
Self-haulers shall source separate all recyclable materials and organic
waste (materials that the City otherwise requires generators to separate
for collection in the City's organics 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 that are commercial businesses (including Multi-Family
Residential Dwellings) shall keep a record of the amount of organic
waste delivered to each solid waste facility, operation, activity,
or property that processes or recovers organic waste, pursuant to
14 CCR Section 18988.3; this record shall be subject to Inspection
by the City's enforcement official.
(c)
A residential organic waste generator that self-hauls organic waste
is not required to record or report information.
[Added 3-21-2022 by Ord.
No. 1280]
(a)
Persons applying for a permit from the City for new construction
and building additions and alternations shall comply with required
components of the California Green Building Standards Code, 24 CCR,
Part 11, known as CALGreen, as amended, if its project is covered
by the scope of CALGreen or more stringent requirements of the City.
Project applicants shall refer to the latest addition of the
CALGreen Building code requirements or other City of Oakdale local
requirements.
(b)
For projects covered by CALGreen or more stringent requirements of
the City, the applicants must, as a condition of the City's permit
approval, comply with the following:
(1)
Where five or more multi-family dwelling units are constructed
on a building site, provide readily accessible areas that serve occupants
of all buildings on the site and are identified for the storage and
collection of Green Container materials, consistent with the two container
collection program offered by the City, or comply with provision of
adequate space for multi-family and commercial premises pursuant to
Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California
Green Building Standards Code, 24 CCR, Part 11 as amended provided
amended requirements are more stringent than the CALGreen requirements
for adequate recycling space effective January 1, 2020.
(2)
New commercial construction or additions resulting in more than
30% of the floor area shall provide readily accessible areas identified
for the storage and collection of Green Container materials, consistent
with the two container collection program offered by the City, for
multi-family and commercial premises pursuant to Sections 4.408.1,
4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards
Code, 24 CCR, Part 11 as amended provided amended requirements are
more stringent than the CALGreen requirements for adequate container
space effective January 1, 2020.
(3)
Comply with CALGreen requirements and applicable law related
to management of C&D, including diversion of organic waste in
C&D from disposal. Comply with the State of California's
C&D regulations, and all written and published City policies and/or
administrative guidelines regarding the collection, recycling, diversion,
tracking, and/or reporting of C&D.
[Added 3-21-2022 by Ord.
No. 1280]
(a)
Property owners or their building or landscape designers, including
anyone requiring a building or planning permit, plan check, or landscape
design review from the City, who are constructing a new (single-family,
multi-family, public, institutional, or commercial) project with a
landscape area greater than 500 square feet, or rehabilitating an
existing landscape with a total landscape area greater than 2,500
square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and
(G) of the MWELO, including sections related to use of compost and
mulch.
(b)
The following compost and mulch use requirements that are part of
the MWELO are now also included as requirements of this article. Other
requirements of the MWELO are in effect and can be found in 23 CCR,
Division 2, Chapter 2.7.
(c)
Property owners or their building or landscape designers that meet
the threshold for MWELO compliance outlined above shall:
(1)
Comply with Sections 492.6 (a)(3)(B)(C)(D) and (G) of the MWELO,
which requires the submittal of a landscape design plan with a soil
preparation, mulch, and amendments section to include the following:
a.
For landscape installations, Compost at a rate of a minimum
of four cubic yards per 1,000 square feet of permeable area shall
be incorporated to a depth of six inches (6") into the soil. Soils
with greater than 6% organic matter in the top six inches of soil
are exempt from adding Compost and tilling.
b.
For landscape installations, a minimum three-inch (3") layer
of mulch shall be applied on all exposed soil surfaces of planting
areas except in turf areas, creeping or rooting groundcovers, or direct
seeding applications where mulch is contraindicated. To provide habitat
for beneficial insects and other wildlife up to 5% of the landscape
area may be left without mulch. Designated insect habitat must be
included in the landscape design plan as such.
c.
Organic mulch materials made from recycled or post-consumer
materials shall take precedence over inorganic materials or virgin
forest products unless the recycled post-consumer organic products
are not locally available. Organic mulches are not required where
prohibited by local fuel modification plan guidelines or other applicable
local ordinances.
(2)
The MWELO compliance items listed in this Section are not an
inclusive list of MWELO requirements; therefore, property owners or
their building or landscape designers that meet the threshold for
MWELO compliance outlined above shall consult the full MWELO for all
requirements.
(d)
If, after the adoption of this article, the California Department
of Water Resources, or its successor agency, amends 23 CCR, Division
2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO
September 15, 2015 requirements in a manner that requires City to
incorporate the requirements of an updated MWELO in a local ordinance,
and the amended requirements include provisions more stringent than
those required in this Section, the revised requirements of 23 CCR,
Division 2, Chapter 2.7 shall be enforced.
[Added 3-21-2022 by Ord.
No. 1280]
(a)
City departments, and direct service providers to the City, as applicable,
must comply with the City's Recovered Organic Waste Product procurement
policy and Recycled-Content Paper procurement policy.
[Added 3-21-2022 by Ord.
No. 1280]
(a)
City representatives and/or its designated entity, including designees
are authorized to conduct Inspections and investigations, at random
or otherwise, of any collection container, collection vehicle loads,
or transfer, processing, or disposal facility for materials collected
from generators, or source separated materials to confirm compliance
with this article by organic waste Generators, Commercial Businesses,
Multi-Family Residential Dwellings, property owners, Commercial Edible
Food Generators, haulers, self-haulers, Food Recovery Services, and
food recovery organizations, subject to applicable laws. This Section
does not allow the City to enter the interior of a private residential
property for Inspection.
(b)
Regulated entity shall provide or arrange for access during all Inspections
(with the exception of residential property interiors) and shall cooperate
with the City'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 article described herein. Failure to provide or arrange for:
(i) access to an entity's premises; or (ii) access to records
for any Inspection or investigation is a violation of this article
and may result in penalties described.
(c)
Any records obtained by the City during its inspections, and other
reviews shall be subject to the requirements and applicable disclosure
exemptions of the Public Records Act as set forth in Government Code
Section 6250 et seq.
(d)
City representatives, its designated entity, and/or designee are
authorized to conduct any inspections, or other investigations as
reasonably necessary to further the goals of this article, subject
to applicable laws.
(e)
The City shall receive written complaints from persons regarding
an entity that may be potentially non-compliant with SB 1383 Regulations,
including receipt of anonymous complaints.
[Added 3-21-2022 by Ord.
No. 1280]
(a)
Violation of any provision of this article shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a City Enforcement Official or representative. Enforcement actions under this article are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines and administrative citations as contained in Articles V and VI of Chapter 19 of the Oakdale Municipal 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 article and any rule or regulation adopted pursuant to this article, except as otherwise indicated in this article.
(b)
Other remedies allowed by law may be used, including civil action
or prosecution as misdemeanor or infraction. The City may pursue civil
actions in the California courts to seek recovery of unpaid administrative
citations. The City 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 City
staff and resources.
(c)
Responsible Entity for Enforcement.
(1)
Enforcement pursuant to this article may be undertaken by the
City Manager or their designee or their designated entity, legal counsel,
or combination thereof.
(2)
Enforcement may also be undertaken by a Regional or County Agency
Enforcement Official, designated by the City, in consultation with
City's Enforcement Official.
a.
City Enforcement Official(s) (and Regional or County Agency
Enforcement Official, if using) will interpret ordinance; determine
the applicability of waivers, if violation(s) have occurred; implement
enforcement actions; and, determine if compliance standards are met.
b.
City Enforcement Official(s) (and Regional or County Agency
Enforcement Official, if using) may issue Notices of Violation(s).
(d)
Process for Enforcement.
(1)
City Enforcement Officials or Regional or County Enforcement Officials and/or their designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an inspection program. Section 26-47 establishes City's right to conduct inspections and investigations.
(2)
The City may issue an official notification to notify regulated
entities of its obligations under the ordinance.
(3)
For incidences of Prohibited Container Contaminants found in
containers, the City or its designee will 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 immediately upon identification of the prohibited container
contaminants or within three days after determining that a violation
has occurred. If the City observes prohibited container contaminants
in a generator's containers on more than two consecutive occasion(s),
the City may assess contamination processing fees or contamination
penalties on the generator.
(4)
With the exception of violations of generator contamination of container contents addressed under Section 26-48(d)(3), the City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.
(5)
Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall commence an action to impose penalties, via an administrative citation and fine as set forth in this Section 26-48 and in Articles V and VI of Chapter 19 of the Oakdale Municipal Code.
Notices shall be sent to "owner" at the official address of
the owner maintained by the tax collector for the City 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 $25 per violation.
(2)
For a second violation of the same provision of this Code within
any 12 consecutive month period, the amount of the base penalty shall
be $50 per violation.
(3)
For a third or subsequent violation of the same provision of
this code within any 12 consecutive-month period, the amount of the
base penalty shall be $100 per violation. Any citation issued after
the issuance of a third citation or violation of the same provision
of this code within any 12 consecutive-month period may be charged
so each day that a violation of this code continues shall constitute
a separate and distinct offense.
(f)
Compliance Deadline Extension Considerations.
The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 26-48 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(g)
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 City's procedures in the City's codes
for appeals of administrative citations. Evidence may be presented
at the hearing. The City will appoint a hearing officer who shall
conduct the hearing and issue a final written order.
(h)
Education Period for Non-Compliance.
Beginning January 1, 2022 and through December 31, 2023, the
City will conduct Inspections, Route Reviews or waste evaluations,
and Compliance Reviews, depending upon the type of regulated entity,
to determine compliance, and if the City 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 article 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.
(i)
Civil Penalties for Non-Compliance.
Beginning January 1, 2024, if the City 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 article, it shall document the noncompliance or violation, issue a Notice of Violation, and take enforcement action pursuant to Section 26-48, as needed.
(j)
Enforcement Table.
|
Table 1. List of Violations
| |
|---|---|
|
Requirement
|
Description of Violation
|
|
Commercial Business fails to provide or arrange for organic
waste collection services consistent with City's requirements
and as outlined in this article, 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 fails to comply with requirements adopted
pursuant to this article for the collection and recovery of organic
waste.
| |
|
Hauler Requirement Section, Section 26-42
|
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 article.
|
|
Hauler Requirement Section 26-42
|
A hauler providing residential, commercial, or industrial organic
waste collection service fails to obtain applicable approval issued
by the City to haul organic waste as prescribed by this article.
|
|
Hauler Requirement Section 26-42
|
A hauler fails to keep a record of the applicable documentation
of its approval by the City, as prescribed by this article.
|
|
Self-Hauler Requirement Section 26-43
|
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 Section 26-40
|
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 with
this Section commencing Jan. 1, 2022.
|
|
Commercial Edible Food Generator Requirement Section 26-40
|
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 with
this Section commencing Jan. 1, 2024.
|
|
Commercial Edible Food Generator Requirement Section 26-40
|
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.
|
|
Failure to provide or arrange for access to an entity's
premises for any Inspection or investigation.
| |
|
Recordkeeping Requirements for Commercial Edible Food Generator Section 26-40
|
Tier One or Tier Two Commercial Edible Food Generator fails
to keep records, as prescribed by Section 9.
|
|
Recordkeeping Requirements for Food Recovery Services and Food Recovery Organizations Section 26-41
|
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, as prescribed
by Section 10.
|
