The city finds and declares:
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40000, et seq., as amended, supplemented, superseded, and replaced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and repealed Section 41780.02 of, the Public Resources Code, as amended,
supplemented, superseded and replaced from time to time), places requirements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 multifamily property owners that generate a specified
threshold amount of solid waste to arrange for recycling services
and requires jurisdictions 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supplemented, superseded, and replaced from time to time), requires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 multifamily 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 jurisdictions to implement a mandatory
commercial organics recycling program.
D.
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
jurisdictions to adopt and enforce an ordinance or enforceable mechanism
to implement relevant provisions of SB 1383 regulations. This chapter
will 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 chapter are consistent with other adopted goals and policies
of the city.
(Ord. 459 § 3, 2021)
For the purposes of this chapter, certain words and phrases
are defined as follows:
means recoverable aluminum materials such as used beverage
containers, siding and other manufactured items.
has the same meaning as in 14 CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of source
separated recyclable materials or source separated blue container
organic waste.
means the State of California Code of Regulations. CCR references
in this chapter 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 manager or their authorized designee(s) who
is/are partially or wholly responsible for enforcing this chapter.
See also "regional or county agency enforcement official."
means the act of collecting solid waste materials or recyclables
at residential, commercial, industrial or governmental sites, and
hauling it to a facility for processing, transfer, disposal or burning.
mean plastic beverage bottles and other bottles marked PET
or PETE(1) and HDPE(2) on the bottom which have a narrow neck and
an opening smaller than the body of the container.
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 multifamily
residential dwelling that consists of fewer than five units is not
a commercial business for purposes of implementing this chapter.
includes a tier one or a tier two commercial edible food
generator as defined in this chapter 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).
mean recyclables from the two commercial subcategories of
office buildings (of more than twenty thousand square feet) which
are office paper, corrugated cardboard, newspaper and aluminum; and
hospitality (restaurants and taverns) which are corrugated cardboard,
plastic beverage bottles, glass jars and bottles, white goods (appliances),
aluminum, and tin and bi-metal cans.
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 one hundred cubic yards and seven
hundred fifty 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 to determine compliance
with this chapter.
has the same meaning as in 14 CCR Section 17896.2(a)(4),
which stated, as of the effective date of the ordinance codified in
this chapter, 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 compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A)
or 18984.2(a)(1)(C).
means a container, regardless of color, that contains prohibited
container contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
means post-consumer waste paper grade corrugated cardboard
(#11), kraft (brown) paper bags or solid fiber boxes which have served
their packaging purpose and are discarded and can later be reclaimed
for collection and recovery for recycling.
means construction and demolition debris.
mean materials that are recyclable and/or reusable within
the following categories of residential, commercial (office and hospitality)
and industrial as defined more specifically within each category as
listed within this chapter.
means an entity that the city contracts with or otherwise
arranges to carry out any of the city's responsibilities of this chapter
as authorized in 14 CCR Section 18981.2. A designee may be a government
entity, a hauler, a private entity, or a combination of those entities.
means food intended for human consumption, or as otherwise
defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter
or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food"
is not solid waste if it is recovered and not discarded. Nothing in
this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes
the recovery of edible food that does not meet the food safety requirements
of the California Retail Food Code.
means an action of the city to address noncompliance with
this chapter, 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 multifamily 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 chapter 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).
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, pizza boxes, and milk cartons.
means food scraps, food-soiled paper, and compostable plastics.
mean food and beverage glass containers including container
glass covered by the deposit law, and excluding household and kitchen
containers such as drinking glasses, cups and cooking and serving
dishes.
has the same meaning as in 14 CCR Section 18982.2(a)(28)
and shall be used for the purpose of storage and collection of gray
container waste.
has the same meaning as in 14 CCR Section 18982.2(a)(29)
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 fifty
percent between January 1, 2022 and December 31, 2024, and seventy-five
percent 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 any establishment that offers dining services or food
or beverage sales including taverns, bars, cafeterias and restaurants,
as well as motels and hotels, hospitals, schools, colleges and other
such establishments that have dining services or a restaurant or bar
on their premises.
mean recyclables from industry/construction waste streams
including dirt, asphalt, sand, land-clearing brush, concrete and rock.
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 chapter, 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 two thousand
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. If the definition in 14 CCR Section
18982(a)(38) differs from this definition, the definition in 14 CCR
Section 18982(a)(38) shall apply to this chapter.
means a permanent venue facility that annually seats or serves
an average of more than two thousand individuals within the grounds
of the facility per day of operation of the venue facility. For purposes
of this chapter 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, amphitheater, arena, hall,
amusement park, conference or civic center, zoo, aquarium, airport,
racetrack, horse track, performing arts center, fairground, museum,
theater, or other public attraction facility. For purposes of this
chapter 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. If the definition in 14 CCR Section 18982(a)(39)
differs from this definition, the definition in 14 CCR Section 18982(a)(39)
shall apply to this chapter.
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 magazines, junk mail, phone books and cereal and other
noncorrugated food boxes generated by residential households.
means of, from, or pertaining to residential premises with
five or more dwelling units. Multifamily premises do not include hotels,
motels, or other transient occupancy facilities, which are considered
commercial businesses.
mean those specific recyclable materials from the residential
waste stream, including, but not limited to, newspaper, plastic beverage
bottles, other plastic bottles marked PET or PETE (1) and HDPE (2)
on bottom of container, aluminum, tin and bi-metal cans, yard wastes,
white goods (appliances) and glass bottles and jars.
refers to the Model Water Efficient Landscape Ordinance (MWELO),
23 CCR, Division 2, Chapter 2.7.
means materials printed on newsprint.
includes, but is not limited to, paper that is coated in
a plastic material that will not break down 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
jurisdiction's enforcement authority, or as otherwise defined in 14
CCR Section 18982(a)(42):
Special district(s) located within the boundaries of the city.
Public universities (including community colleges) located within
the boundaries of the city.
State agencies located within the boundaries of the city.
Facilities operated by the state park system located within
the boundaries of the city.
means nonputrescible and nonhazardous 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).
mean plastic containers with narrow necks, or mouth openings
smaller than the diameter of the container bodies, used for containing
milk, juice, soft drinks or water intended for human consumption;
to be distinguished from non-food bottles such as those for containing
motor oil, detergent or other household products.
include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, posters, index cards, calendars,
brochures, reports, magazines, and publications, or as otherwise defined
in 14 CCR Section 18982(a)(54).
means the following: (1) discarded materials placed in the
blue container that are not identified as acceptable source separated
recyclable materials for the city's blue container; (2) 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; (3) discarded materials placed in the gray
container that are acceptable source separated recyclable materials
and/or source separated green container organic wastes to be placed
in city's green container and/or blue container; and (4) 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).
mean materials which would otherwise become solid waste,
and which can be collected, separated and processed and returned to
use in the form of raw materials or products.
means paper products and printing and writing paper that
consists of at least thirty percent, 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 a regional or county agency enforcement official, designated
by the city with responsibility for enforcing the chapter in conjunction
or consultation with city enforcement official.
means the use of the internet of things (IoT) and/or wireless
electronic devices to visualize the contents of blue containers, green
containers, and gray containers for purposes of identifying the quantity
of materials in containers (level of fill) and/or presence of prohibited
container contaminants.
means the act of taking solid waste materials or recyclables
from the place of generation either by an approved collector, agent
for the collector, or by a person in control of the premises.
means an establishment primarily engaged in the retail sale
of food and drinks for onpremises 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 nonputrescible solid wastes such as ashes, glass, bedding,
crockery, nonrecyclable plastics, rubber by-products or litter.
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 any of the following: the placement of recyclables
in separate containers; the binding of recyclable material separately
from the other waste material; the physical separation of recyclables
from other waste material.
means a person who hauls solid waste, organic waste or recyclable
material he or she has generated to another person. 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.
mean those specific recyclable materials from the residential
waste stream including, but not limited to, newspaper, mixed paper,
plastic beverage bottles, other plastic bottles marked PET or PETE
(1) and HDPE (2) on bottom of container, aluminum, tin and bi-metal
cans, yard wastes, white goods (appliances) and glass bottles and
jars.
has the same meaning as defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and
nonputrescible solid, semi-solid, 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
semi-solid 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 chapter, 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 gray container
waste/mixed waste or other solid waste for the purposes of collection
and processing.
means source separated organic wastes that can be placed
in a blue container that is limited to the collection of those organic
wastes and nonorganic recyclables as defined in Section 18982(a)(43),
or as otherwise defined by Section 17402(a)(18.7).
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 source separated blue
container organic waste, carpets, noncompostable paper, and textiles.
means source separated nonorganic recyclables and source
separated blue container organic waste.
means the State of California.
means a full-line, self-service retail store with gross annual
sales of two million dollars, 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 one of the
following:
means a commercial edible food generator that is one of the
following:
Restaurant with two hundred fifty or more seats, or a total
facility size equal to or greater than five thousand square feet.
Hotel with an on-site food facility and two hundred or more
rooms.
Health facility with an on-site food facility and one hundred
or more beds.
Large venue.
Large event.
A state agency with a cafeteria with two hundred fifty or more
seats or total cafeteria facility size equal to or greater than five
thousand square feet.
means any steel food and beverage containers with a tin or
aluminum plating.
means a collection service that collects green waste and
yard waste that is placed in a pile or bagged for collection on the
street in front of a generator's house or place of business for collection
and transport to a facility that recovers source separated organic
waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
means kitchen or other large enameled appliances.
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).
mean leaves, grass, weeds and wood materials from trees and
shrubs.
(Ord. 206 § 1, 1993; Ord. 459 § 3, 2021)
The city council, by resolution, shall designate materials to
be recycled in accordance with this chapter.
(Ord. 206 § 1, 1993; Ord. 459 § 3, 2021)
It shall be mandatory on the dates specified by council resolution
designating materials to be recycled that such recyclable materials
be segregated for separate collection or removal.
(Ord. 206 § 1, 1993; Ord. 459 § 3, 2021)
A.
Containers
for designated recyclables shall be provided by trash hauler to each
of their customers, for collection of designated recyclables.
B.
Containers
provided to single-family and multifamily residences, commercial and
industrial entities shall effectively segregate the designated recyclables
for pickup according to this chapter.
C.
All
recyclable materials shall be separated from other garbage and combined
refuse, and grouped together and placed for collection in the same
manner as when their regular garbage collection occurs.
(Ord. 206 § 1, 1993; Ord. 459 § 3, 2021)
A.
Requirements
for Single-Family Generators. Single-family organic waste generators
except single-family generators that meet the self-hauler requirements
in this chapter shall:
1.
Subscribe to the city's organic waste collection services for all organic waste generated as described below in subsection (A)(2) of this section. 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, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
2.
Participate
in the city'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.
a.
A three- and three-plus container collection service (blue container,
green container, and gray container).
i.
Generators 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.
Requirements
for Commercial Businesses, including Multifamily Residential Dwellings.
Generators that are commercial businesses, including multifamily residential
dwellings, shall:
1.
Subscribe to the city's three- and three-plus container collection services and comply with requirements of those services as described below in subsection (B)(2) of this section, except commercial businesses that meet the self-hauler requirements in this chapter. The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the city.
2.
Except commercial businesses that meet the self-hauler requirements in subsection F of this section, participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below.
a.
A three- and three-plus container collection service (blue container,
green container, and gray container).
i.
Generators 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.
3.
Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (B)(4)(a) and (B)(4)(b) below) for employees, contractors, tenants, and customers, consistent with the city's blue container, green container, and gray container collection service or, if self-hauling, per the commercial business's instructions to support its compliance with its self-haul program, in accordance with subsection F of this section.
4.
Excluding
multifamily residential dwellings, 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:
a.
A body or lid that conforms with the container colors provided through
the collection service provided by the city, 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; or
b.
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 to 14 CCR Section
18984.8, the container labeling requirements are required on new containers
commencing January 1, 2022.
6.
To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's blue container, green container, and gray container collection service or, if self-hauling, per the commercial business's instructions to support its compliance with its self-haul program, in accordance with subsection F of this section.
7.
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).
8.
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.
9.
Provide
education information before or within fourteen 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.
10.
Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with subsection G of this section to confirm compliance with the requirements of this chapter.
11.
Accommodate and cooperate with the city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with subsection (B)(2) of this section. The remote monitoring program may involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers or hauler's vehicles.
12.
At commercial business's option and subject to any approval required
from the city, 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 city or its
designee.
13.
If a commercial business wants to self-haul, meet the self-hauler requirements in subsection F of this section.
C.
Waivers
for Generators.
1.
De Minimis Waivers. The city 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 in subsection (C)(1)(b) below. Commercial businesses requesting a de minimis waiver shall:
a.
Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (C)(1)(b) below.
b.
Provide documentation that either:
i.
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 twenty
gallons per week per applicable container of the business's total
waste; or
ii.
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 ten gallons
per week per applicable container of the business's total waste.
c.
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.
d.
Provide written verification of eligibility for de minimis waiver
every five years, if the city has approved de minimis waiver.
2.
Physical Space Waivers. The city 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 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 subsection B of this section. A commercial business or property owner may request a physical space waiver through the following process:
a.
Submit an application form specifying the type(s) of collection services
for which they are requesting a compliance waiver.
b.
Provide documentation that the premises lacks adequate space for
blue containers and/or green containers including documentation from
its hauler, licensed architect, or licensed engineer.
c.
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.
3.
Review
and Approval of Waivers by City. The city manager or the city manager's
designee shall be responsible for review and determination of any
waiver submitted to the city for approval.
D.
Requirements
for Commercial Edible Food Generators.
1.
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.
2.
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.
3.
Commercial
edible food generators shall comply with the following requirements:
a.
Arrange to recover the maximum amount of edible food that would otherwise
be disposed.
b.
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.
c.
Shall not intentionally spoil edible food that is capable of being
recovered by a food recovery organization or a food recovery service.
d.
Allow the city's designated enforcement entity or designated third
party enforcement entity to access the premises and review records
pursuant to 14 CCR Section 18991.4.
e.
Keep records that include the following information, or as otherwise
specified in 14 CCR Section 18991.4:
i.
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).
iii.
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.
f.
No later than July 1, 2022 of each year for tier one commercial edible
food generators and July 1, 2024 for tier two commercial edible food
generators, provide an annual food recovery report to the city that
includes the following information:
4.
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).
5.
Requirements
for Food Recovery Organizations and Services.
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):
i.
The name, address, and contact information for each commercial edible
food generator from which the service collects edible food.
ii.
The quantity in pounds of edible food collected from each commercial
edible food generator per month.
iii.
The quantity in pounds of edible food transported to each food
recovery organization per month.
iv.
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):
i.
The name, address, and contact information for each commercial edible
food generator from which the organization receives edible food.
ii.
The quantity in pounds of edible food received from each commercial
edible food generator per month.
iii.
The name, address, and contact information for each food recovery
service that the organization receives edible food from for food recovery.
c.
Commencing on January 1, 2022, and annually thereafter, food recovery
organizations and food recovery services that have their primary address
physically located in 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).
d.
Food Recovery Capacity Planning. In order to support edible food
recovery capacity planning assessments or other studies conducted
by the city, or its designated entity, food recovery services and
food recovery organizations operating in the city 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 sixty days, unless
a shorter timeframe is otherwise specified by the city.
E.
Requirements
for Haulers and Facility Operators.
1.
Requirements
for Haulers.
a.
Exclusive franchised hauler 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:
i.
Through written notice to the city annually on or before January
1, identify the facilities to which they will transport organic waste
including facilities for source separated recyclable materials and
source separated green container organic waste.
b.
Exclusive franchised hauler 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.
2.
Requirements
for Facility Operators and Community Composting Operations.
a.
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 sixty days.
b.
Community composting operators, upon city 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 sixty days.
F.
Self-Hauler
Requirements.
2.
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.
3.
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 city. The records shall include the following
information:
a.
Delivery receipts and weight tickets from the entity accepting the
waste.
b.
The amount of material in cubic yards or tons transported by the
generator to each entity.
c.
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.
G.
Inspections
and Investigations by City.
1.
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 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. This section does not allow the city to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with subsection (B)(2) or (C)(2) of this section, the city may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to subsection B or C of this section.
2.
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 chapter described herein. Failure to provide or arrange for:
(a) access to an entity's premises; (b) installation and operation
of remote monitoring equipment; or (c) access to records for any inspection
or investigation is a violation of this chapter and may result in
penalties described.
3.
Any
records obtained by the city 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.
4.
City
representatives, its designated entity, and/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.
5.
City
shall receive written complaints from persons regarding an entity
that may be potentially noncompliant with SB 1383 regulations, including
receipt of anonymous complaints.
H.
Enforcement.
1.
Violation
of any provision of this chapter shall constitute grounds for issuance
of a notice of violation and assessment of a fine by the city's enforcement
official or representative. Enforcement actions under this chapter
are issuance of an administrative citation and assessment of a fine.
The city's procedures on imposition of administrative fines 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.
2.
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.
I.
Effective
Date. This chapter shall be effective commencing on January 7, 2022.
(Ord. 206 § 1, 1993; Ord. 459 § 3, 2021)
