Adelanto Municipal Code Ch. 8.70 Mandatory Organic Waste Disposal Reduction

For purposes of this Chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.

A. “CalRecycle” 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 City of Adelanto (and others).

B. “California Code of Regulations” or “CCR” 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).

C. “City Enforcement Official” means the city manager, or other executive in charge or their authorized designee(s) who is/are partially or wholly responsible for enforcing this article.

D. “Commercial Business” or “Commercial Subscriber” 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 with five (5) or more units.

E. “Community Composting” means any approved city 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 (100) cubic yards and seven hundred fifty (750) square feet, (14 CCR Section 17855(a)(4); or, 18982(a)(8)).

F. “Commercial Edible Food Generator” includes a tier one or a tier two commercial edible food generator as defined in subsection (TT) and (UU) of this Section 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).

G. “Compliance Review” means a review of records by a City of Adelanto to determine compliance with this article.

H. “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. (14 CCR Section 17896.2(a)(4)).

I. “Compostable Plastics” or “Compostable Plastic” 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).

J. “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains prohibited container contaminants (14 CCR Section 18982(a)(55)).

K. “C&D” means construction and demolition debris.

L. “Designee” means a government entity, a hauler, a private entity, or a combination of those entities.

M. “Edible Food” means food intended for human consumption (14 CCR Section 18982(a)(18)). 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.

N. “Enforcement Action" means an action of the City to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

O. “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that upon collection, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance.

P. “Food Distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.

Q. “Food Facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. (Section 113789 of the Health and Safety Code).

R. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed.

S. “Food Recovery Organization” means an entity that engages in the collection or receipt of edible food and distributes that edible food to the public either directly or through other entities for the purposes of reducing hunger and supplying nutritional needs. (CA Health & Safety Code § 113783, 113841, 113842).

T. “Food Recovery Service” means a person or entity that collects and transports edible food from a generator to a food recovery organization.

U. “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations.

V. “Food-Soiled Paper” is paper material that has come in contact with food or liquid, such as, but not limited to, paper plates and napkins.

W. “Food Waste” means all food and food scraps such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food waste excludes fats, oils, liquids, and grease when such materials are source separated.

X. “Grocery Store” 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.

Y. “Inspection” means a site visit where a City or City designee reviews records, containers, and an entity’s handling of organic waste or edible food to determine if the entity is in compliance.

Z. “Large Event” 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 (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.

AA. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility including, 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.

BB. “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city regulations related to solid waste.

CC. “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

DD. “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

EE. “Non-Local Entity” means the following entities that are not subject to the City’s enforcement authority including but not limited to special district(s), federal facilities, prison(s), facilities operated by the state park system, public universities (including community colleges), county fairgrounds, or other state agencies.

FF. “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass.

GG. “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties.

HH. “Organic Waste” 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. (14 CCR Section 18982).

II. “Organic Waste Generator” means a person or entity that is responsible for the initial creation of organic waste.

JJ. “Prohibited Container Contaminants” means discarded materials placed in a container that are not identified as being permitted or are considered to be excluded waste.

KK. “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility.

LL. “Recycled-Content Paper” means paper products and printing and writing paper that consists of at least thirty (30) percent, by fiber weight, postconsumer fiber (14 CCR Section 18982(a)(61)).

MM. “Renewable Gas” means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted.

NN. “SB 619" means Senate Bill 619 of 2021 amending Section 42652.5 of the Public Resources Code.

OO. “Self-Hauler” means a commercial generator approved by the City, who hauls organic waste to a facility or location using the generator’s own employees and equipment, in an effort to avoid subscribing to the franchise hauler’s service.

PP. “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.

QQ. “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible 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:

1. Hazardous waste, as defined in the State Public Resources Code Section 40141.

2. 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).

3. 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.

RR. “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation by the resident, tenant, business owner, property owner, business owner’s employee, or property owner’s employee into different containers for the purpose of collection.

SS. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.

TT. “Tier One Commercial Edible Food Generator” means supermarket, grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet, food service provider, food distributor, or wholesale food vendor.

UU. “Tier Two Commercial Edible Food Generator” means a restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet, hotel with an on-site food facility and two hundred (200) or more rooms, health facility with an on-site food facility and one hundred (100) or more beds, large venue, large event, a State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet, or local education agency facility with an on-site food facility.

VV. “Wholesale Food Vendor” 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.

[Ord. No. 621, 1/18/22.]

Single-Family organic waste generators shall comply with the following requirements:

A. Shall subscribe to the franchised hauler’s organic waste collection services for all organic waste generated. The City or City’s designee 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 and containment of materials. 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 using a community or backyard composting site.

B. Shall place designated materials in designated containers. A person or entity is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of the regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Commencing January 1, 2022, labels will be placed on each new container or lid provided to generators consistent with the applicable container collection requirements and limitations of this article specifying what materials are allowed to be placed in each container.

[Ord. No. 621, 1/18/22.]

Commercial businesses, including multi-family residential dwellings, shall:

A. Subscribe to the franchise hauler’s collection services and comply with requirements of those services. The City or City’s designee 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. Commercial businesses shall adjust their service level for their collection services as requested by the City.

B. Generator shall place designated materials in the permitted containers. A person or entity is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of the regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Commencing January 1, 2022, labels will be placed on each new container or lid provided to generators consistent with the applicable container collection requirements and limitations of this article specifying what materials are allowed to be placed in each container.

C. Supply and allow access to adequate number, size and location of collection containers for employees, contractors, tenants, and customers.

D. Excluding multi-family residential dwellings, provide containers for the collection of source separated organic waste and recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers. 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. 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’s franchised hauler, 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.

2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Container labeling requirements are required on new containers placed into service commencing January 1, 2022.

E. Multi-family residential dwellings are not required to comply with container placement or labeling requirements.

F. To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials.

G. Excluding multi-family residential dwellings, periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of said containers.

H. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated materials.

I. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to source separated materials and the location of containers and the rules governing their use at each property.

J. Provide or arrange access for City or City’s designee to their properties during all inspections conducted in accordance with this chapter to confirm compliance.

K. Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site (14 CCR Section 18984.9(c)).

L. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements.

[Ord. No. 621, 1/18/22.]

The City may grant waivers to generators for physical space limitations and de minimis (low) volumes.

A. De minimis waivers (low volume). 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 chapter if its own staff or City designee certifies that the business generates below a certain amount of organic waste material. Commercial businesses requesting a de minimis waiver shall:

1. Submit an application to the City or City’s designee specifying the services that they are requesting a waiver from and provide documentation as noted below.

2. Provide documentation that either:

a. The commercial business’ total solid waste collection service is two (2) cubic yards or more per week and organic waste comprises less than twenty (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 (2) cubic yards per week and organic waste comprises less than ten (10) gallons per week per applicable container of the business’ total waste.

c. Notify City if circumstances change such that commercial business’ organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

d. De minimis waivers are valid for a period of five (5) years and subject to reverification by the City or City designee at any time.

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 its own staff, or City designee, certifies that the premises lack adequate space for the collection containers required for compliance with the organic waste collection requirements.

A commercial business or property owner may request a physical space waiver through the following process:

1. Submit an application form to the City or City designee specifying the type(s) of collection services for which they are requesting a compliance waiver.

2. Provide documentation that the premises lack adequate space for containers and include documentation from either its franchised hauler, licensed architect, or licensed engineer.

3. Physical space waivers are valid for a period of five (5) years and subject to reverification by the City or City designee at any time.

C. The City shall make the final determination for each waiver application. Approved waivers may be reverified and/or rescinded by the City at any time.

[Ord. No. 621, 1/18/22.]

A. Tier one commercial edible food generators must comply with requirements commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024.

B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this Section, commencing January 1, 2024.

C. Commercial edible food generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

2. Contract with, or enter into a written agreement with, food recovery organizations or food recovery services for the collection or acceptance of the edible food that the commercial edible food generator provides to the food recovery organization for food recovery.

3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

4. Allow the City’s designated enforcement entity or designee to access the premises and review records.

5. Keep records that include the following information:

a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement.

b. A copy of all contracts or written agreements.

c. A record of the following information for each of those food recovery services or food recovery organizations:

i. The name, address and contact information of the food recovery service or food recovery organization.

ii. The types of food that will be collected or transported to the food recovery service or food recovery organization.

iii. The established frequency that food will be collected or self-hauled.

iv. The quantity of food, measured in pounds recovered per month, collected or transported to a food recovery service or food recovery organization for food recovery.

v. Provide copies of contracts, agreements, and required records to the City or City designee upon request.

D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

[Ord. No. 621, 1/18/22.]

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established shall maintain the following records:

1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

2. The quantity in pounds of edible food collected from each commercial edible food generator per month.

3. The quantity in pounds of edible food transported to each food recovery organization per month.

4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement, shall maintain the following records:

1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

2. The quantity in pounds of edible food received from each commercial edible food generator per month.

3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

C. Food recovery organizations and food recovery services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in their contract or agreement.

D. 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 (1) or more commercial edible food generators shall report to the City or City designee the total pounds of edible food recovered in the previous calendar quarter from the tier one and tier two commercial edible food generators they have established a contract or written agreement with beginning April 1, 2023 for the previous quarter. Reports are required to be submitted to the City or City designee no later than thirty (30) days from the end of the quarter being reported.

E. 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 (60) days, unless a shorter timeframe is otherwise specified by the City.

[Ord. No. 621, 1/18/22.]

A. Requirements for Haulers. Haulers shall meet the following requirements and standards as a condition of approval of a permit or other authorization with the City to collect organic waste:

1. Through written notice to the City initially on or before July 1, 2022 and when changes occur, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, and source separated green container organic waste.

2. Notwithstanding any the foregoing, nothing in this Chapter shall restrict or otherwise prohibit haulers from meeting compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time, or being relieved of, or delaying compliance with such requirement pursuant to SB 619.

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 City 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 (60) days.

2. Community composting operators, upon City request, shall provide information to the City or City designee 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 or City designee shall respond within sixty (60) days.

[Ord. No. 621, 1/18/22.]

A. Approved self-haulers shall source separate all organic waste generated on-site from solid waste in accordance with 14 CCR Section 18984.1.

B. Self-Haulers shall haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste approved by the City.

C. Self-Haulers shall haul their source separated organic waste to an approved facility not less than every seven (7) days utilizing their own equipment and labor.

D. 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. This record shall be subject to inspection by the City or City designee. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste.

2. The amount of material in cubic yards or tons transported by the generator to each entity.

E. Self-Haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in Section 9(d) to the City or City designee no later than the 15th of each month for the previous month’s activities.

F. An application must be approved by the City or its designee prior to commencing self-haul activities.

[Ord. No. 621, 1/18/22.]

A. Persons applying for a permit from the City for new construction and building additions and alterations shall comply with the requirements of this Section and all 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 the regulation.

B. For projects covered by CALGreen, the applicants must, as a condition of the City’s permit approval, comply with the following:

1. Where five (5) 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 materials, consistent with the recommendations of the franchised hauler, or comply with provision of adequate space for recycling 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 thirty (30) percent of the floor area shall provide readily accessible areas identified for the storage and collection of materials, consistent with the recommendations of the franchised hauler, or shall comply with provision of adequate space for recycling 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.

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 City’s C&D ordinance, Chapter 8.05 of City’s municipal code, and all written and published City policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

[Ord. No. 621, 1/18/22.]

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 five hundred (500) square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred (2,500) square feet, shall comply with Title 23, CCR, section 492.6(a)(3) (B), (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch as delineated in this Section.

B. The following compost and mulch use requirements that are part of the MWELO are now also included as requirements of this chapter. 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 in Subsection A above shall:

1. Comply with Title 23, CCR, section 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 (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six (6) percent organic matter in the top six (6) inches of soil are exempt from adding compost and tilling.

b. For landscape installations, a minimum three- (3-) inch 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 five (5) percent 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 and compost materials made from recycled or post-consumer materials that comply with 14 CCR, Division 7, Chapter 12, Article 12 shall be used. Other products such as inorganic materials or virgin forest products must be approved by the City prior to use. 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 in Subsection A shall consult the full MWELO for all requirements.

D. If, after the adoption of this chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires jurisdictions 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.

[Ord. No. 621, 1/18/22.]

All vendors providing paper products and printing and writing paper shall:

A. If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty (30) percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items.

B. Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

C. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

D. Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).

E. Provide records to the City designee within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsection D and E of this Section for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products and printing and writing paper are provided, include a description of why recycled-content paper products and printing and writing paper were not provided.

[Ord. No. 621, 1/18/22.]

A. City representatives, and/or designee, are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, self-hauler vehicle loads, or community compost facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This Section does not allow City or City designees 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 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 access to an entity’s premises or access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

C. Any records obtained during 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, or City designee, are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, 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. Written complaints must include the following:

• 1. If the complaint is not anonymous, name and contact information of the complainant;
• 2. Identity of the alleged violator, if known;
• 3. A description of the alleged violation;
• 4. Relevant evidence to support the complaint;
• 5. The identity of any witnesses.

[Ord. No. 621, 1/18/22.]

A. Violation of any provision of this chapter shall constitute grounds for issuance of a Notice of Violation (NOV) and assessment of a fine by a City 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.

B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. 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 ordinance may be undertaken by the City Enforcement Official or their designated entity.

2. Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the City.

a. Enforcement official(s) will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.

b. Enforcement official(s) may issue Notices of Violation(s).

D. Process for Enforcement.

1. Enforcement and/or designee will monitor compliance with the chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection.

2. The City may issue an official notification to notify regulated entities of its obligations under the chapter.

3. For incidences of prohibited container contaminants found in containers, the City or designee will issue a Notice of Violation to any generator after determining that a violation has occurred. If prohibited container contaminants are observed in a generator’s containers, the City may assess contamination processing fees or contamination penalties on the generator.

4. Notice of Violation(s) require compliance within sixty (60) days of issuance of the notice.

5. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to applicable law.

Notices shall be sent to the property owner 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, or a combination thereof 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 fifty dollars ($50) per violation.

2. For a second violation, the amount of the base penalty shall be one hundred dollars ($100) per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty ($250) per violation.

F. Compliance Deadline Extension Considerations. The Jurisdiction may extend the compliance deadlines set forth in a Notice of Violation issued if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other government agency approvals; or,

3. Deficiencies in organic waste recycling infrastructure or edible food recovery.

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. The City or City designee will conduct inspections, route reviews or waste evaluations, and compliance reviews of organic waste generators, self-haulers, tier one commercial edible food generators, food recovery organizations, food recovery services, or other entity to determine compliance.

I. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City determines that an organic waste generator, self-hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take enforcement action.

[Ord. No. 621, 1/18/22.]