Alhambra Municipal Code Ch. 6.18 Mandatory Organic Waste Disposal Reduction

BLUE CONTAINER. Has the same meaning as in 14 CCR § 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.

CALIFORNIA CODE OF REGULATIONS or CCR. 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).

CALRECYCLE. 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).

CITY. The city of Alhambra.

CITY ENFORCEMENT OFFICIAL. A code enforcement officer, police officer, building inspector, the City Manager, or his or her authorized designee(s), who is/are partially or wholly responsible for enforcing this chapter.

COMMERCIAL BUSINESS or COMMERCIAL. A firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling, or as otherwise defined in 14 CCR § 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.

COMMERCIAL EDIBLE FOOD GENERATOR. Includes a tier one or a tier two commercial edible food generator as defined in this section or as otherwise defined in 14 CCR § 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 § 18982(a)(7).

COMMUNITY COMPOSTING. Any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR § 17855(a)(4); or, as otherwise defined by 14 CCR § 18982(a)(8).

COMPLIANCE REVIEW. A review of records by the city to determine compliance with this chapter.

COMPOST. Has the same meaning as in 14 CCR § 17896.2(a)(4), which stated, as of July 4, 2021, 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.

COMPOSTABLE PLASTICS or COMPOSTABLE PLASTIC. Plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR §§ 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

CONTAINER CONTAMINATION or CONTAMINATED CONTAINER. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR § 18982(a)(55).

C&D. Construction and demolition debris including any combination of inert materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations as defined in 22 CCR §§ 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging; roofing material, ceramic tile, carpeting, plastic pipe and steel. The material may be commingled with rock, soil, tree stumps; and other vegetative matter resulting from land clearing and landscaping for construction or land development projects.

DESIGNEE. 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 § 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

EDIBLE FOOD. Food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR § 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.

ENFORCEMENT ACTION. 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.

EXCLUDED WASTE. Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the city's, or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Cal. Public Resources Code §§ 41500 and 41802. 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.

FOOD DISTRIBUTOR. A company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR § 18982(a)(22).

FOOD FACILITY. Has the same meaning as in Cal. Health and Safety Code § 113789.

FOOD RECOVERY. Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24).

FOOD RECOVERY ORGANIZATION.

(1) 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 § 18982(a)(25), including, but not limited to:

(a) A food bank as defined in Cal. Health and Safety Code § 113783;

(b) A nonprofit charitable organization as defined in Cal. Health and Safety Code § 113841; and

(c) A nonprofit charitable temporary food facility as defined in Cal. Health and Safety Code § 113842.

(2) A FOOD RECOVERY ORGANIZATION 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 § 18982(a)(7).

(3) If the definition in 14 CCR § 18982(a)(25) for FOOD RECOVERY ORGANIZATION differs from this definition, the definition in 14 CCR § 18982(a)(25) shall apply to this chapter.

FOOD RECOVERY SERVICE. 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 § 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 § 18982(a)(7).

FOOD SCRAPS. 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.

FOOD SERVICE PROVIDER. 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 § 18982(a)(27).

FOOD-SOILED PAPER. 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.

FOOD WASTE. Source separated food scraps, food-soiled paper, and compostable plastics.

GRAY/BLACK CONTAINER. Has the same meaning as in 14 CCR § 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray/black container waste.

GRAY/BLACK CONTAINER WASTE. Solid waste that is collected in a gray/black container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR §§ 18984.1(a) and (b), or as otherwise defined in 14 CCR § 17402(a)(6.5).

GREEN CONTAINER. Has the same meaning as in 14 CCR § 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

GROCERY STORE. 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 § 18982(a)(30).

HAULER ROUTE. The designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR § 18982(a)(31.5).

HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY. A facility that is in compliance with the reporting requirements of 14 CCR § 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022 and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to 14 CCR § 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR § 17402(a)(11.5); or, as otherwise defined in 14 CCR § 18982(a)(33).

INSPECTION. 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 § 18982(a)(35).

LARGE EVENT. An event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR § 18982(a)(38) differs from this definition, the definition in 14 CCR § 18982(a)(38) shall apply to this chapter.

LARGE VENUE. A permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this 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 § 18982(a)(39) differs from this definition, the definition in 14 CCR § 18982(a)(39) shall apply to this chapter.

LOCAL EDUCATION AGENCY. 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 § 18982(a)(40).

MIXED WASTE ORGANIC COLLECTION STREAM or MIXED WASTE. Organic waste collected in a container that is required by 14 CCR §§ 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR § 17402(a)(11.5).

MULTI-FAMILY RESIDENTIAL DWELLING or MULTI-FAMILY. Of, from, or pertaining to residential premises with three or more dwelling units or as amended by future legislation. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

MWELO. Refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7. and/or Alhambra Municipal Code, Chapter 23.48.

NON-COMPOSTABLE PAPER. Includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR § 18982(a)(41).

NON-LOCAL ENTITY. The following entities that are not subject to the city's enforcement authority, or as otherwise defined in 14 CCR § 18982(a)(42):

(1) Special district(s) located within the boundaries of the city; or

(2) County facilities located within the boundaries of the city, including the Los Angeles County Superior Courthouse, the Los Angeles County Development Authority and the Los Angeles County Public Works Department.

NON-ORGANIC RECYCLABLES. Non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR § 18982(a)(43).

NOTICE OF VIOLATION (NOV). A notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR § 18982(a)(45) or further explained in 14 CCR § 18995.4.

ORGANIC WASTE. 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 § 18982(a)(46). Biosolids and digestate are as defined by 14 CCR § 18982(a).

ORGANIC WASTE GENERATOR. A person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR § 18982(a)(48).

PAPER PRODUCTS. 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 § 18982(a)(51).

PRINTING AND WRITING PAPERS. 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 § 18982(a)(54).

PROHIBITED CONTAINER CONTAMINANTS.

(1) PROHIBITED CONTAINER CONTAMINANTS means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container; (ii) 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; (iii) discarded materials placed in the gray/black container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in the city's green container and/or blue container; and, (iv) excluded waste placed in any container.

(2) PROHIBITED CONTAINER CONTAMINANTS means the following: (i) discarded materials placed in a green container that are not identified as acceptable source separated green container organic waste for the city's green container; (ii) discarded materials placed in the gray/black container that are identified as acceptable source separated green container organic waste, which are to be separately collected in city's green container; and, (iii) excluded waste placed in any container.

(3) PROHIBITED CONTAINER CONTAMINANTS means the following: (i) discarded materials placed in a blue container that are not identified as acceptable source separated recyclable materials for city's blue container; (ii) discarded materials placed in the gray/black container that are identified as acceptable source separated recyclable materials, which are to be separately collected in city's blue container; and, (iii) excluded waste placed in any container.

RECOVERED ORGANIC WASTE PRODUCTS. Products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR § 18982(a)(60).

RECOVERY. Any activity or process described in 14 CCR § 18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49).

RECYCLED-CONTENT PAPER. Paper products and printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR § 18982(a)(61).

REGIONAL AGENCY. Regional agency as defined in Cal. Public Resources Code § 40181.

REMOTE MONITORING. The use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray/black containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

RENEWABLE GAS. Gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR § 18982(a)(62).

RESTAURANT. An establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR § 18982(a)(64).

ROUTE REVIEW. 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 § 18982(a)(65).

SB 1383. Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added §§ 39730.5, 39730.6, 39730.7, and 39730.8 to the Cal. Health and Safety Code, and added Chapter 13.1 (commencing with § 42652) to Part 3 of Division 30 of the Cal. 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.

SB 1383 REGULATIONS or SB 1383 REGULATORY. For the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

SELF-HAULER. A person using their personal vehicle, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes persons who have a city business tax certificate for gardening and landscaping maintenance services for hire or a person who back-hauls waste, or as otherwise defined in 14 CCR § 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 § 18982(a)(66)(A).

SINGLE-FAMILY. Of, from, or pertaining to any residential premises with fewer than three units.

SOLID WASTE. Has the same meaning as defined in Cal. Public Resources Code § 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 Cal. Public Resources Code § 40141;

(2) Radioactive waste regulated pursuant to the state Radiation Control Law (Chapter 8 (commencing with § 114960) of Part 9 of Division 104 of the Cal. Health and Safety Code); or

(3) Medical waste regulated pursuant to the state Medical Waste Management Act (Part 14 (commencing with § 117600) of Division 104 of the Cal. Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Cal. Public Resources Code § 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the Cal. Public Resources Code.

SOURCE SEPARATED. 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 § 17402.5(b)(4). For the purposes of this 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/black container waste or other solid waste for the purposes of collection and processing.

SOURCE SEPARATED BLUE CONTAINER ORGANIC WASTE. Source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in 14 CCR § 18982(a)(43), or as otherwise defined by 14 CCR § 17402(a)(18.7).

SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE. 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, non-compostable paper, and textiles.

SOURCE SEPARATED RECYCLABLE MATERIALS. Source separated non-organic recyclables and source separated blue container organic waste.

STATE. The State of California.

SUPERMARKET. A full-line, self-service retail store with gross annual sales of $2,000,000 or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR § 18982(a)(71).

TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR.

(1) A commercial edible food generator that is one of the following:

(a) Supermarket;

(b) Grocery store with a total facility size equal to or greater than 10,000 square feet;

(c) Food service provider;

(d) Food distributor; or

(e) Wholesale food vendor.

(2) If the definition in 14 CCR § 18982(a)(73) of TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR differs from this definition, the definition in 14 CCR § 18982(a)(73) shall apply to this chapter.

TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR.

(1) A commercial edible food generator that is one of the following:

(a) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet;

(b) Hotel with an on-site food facility and 200 or more rooms;

(c) Health facility with an on-site food facility and 100 or more beds;

(d) Large venue;

(e) Large event;

(f) A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or

(g) A local education agency facility with an on-site food facility.

(2) If the definition in 14 CCR § 18982(a)(74) of TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR differs from this definition, the definition in 14 CCR § 18982(a)(74) shall apply to this chapter.

UNCONTAINERIZED GREEN WASTE AND YARD WASTE COLLECTION SERVICE or UNCONTAINERIZED SERVICE. 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 § 189852(a)(75).

WHOLESALE FOOD VENDOR. 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 § 189852(a)(76).

(Ord. 4787, passed 5-24-21)

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

(A) Shall subscribe to the city's organic waste collection services for all organic waste generated as described below in § 6.18.020 (B). 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 § 18984.9(c).

(B) (1) Shall 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.

(2) Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray/black container waste in the gray/black container. Generators shall not place materials designated for the gray/black container into the green container or blue container.

(Ord. 4787, passed 5-24-21)

Generators that are commercial businesses, including multi-family residential dwellings, shall:

(A) Subscribe to the city's three-container collection services and comply with requirements of those services as described below in § 6.18.030(B), except commercial businesses, or multi-family residential dwellings, that meet the waivers for generators in § 6.18.040 or self-hauler requirements in § 6.18.080 of this chapter. The city, and/or the 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; and, commercial businesses shall adjust their service level for their collection services as requested by the city.

(B) Except commercial businesses that meet the waivers for generators in § 6.18.040 or the self-hauler requirements in § 6.18.080 of this chapter, participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below.

(1) Option 1. Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray/black container waste in the gray/black container. Generator shall not place materials designated for the gray/black container into the green container or blue container.

(2) Option 2. If a commercial business/property owner or a multi-family property owner is granted a de minimis or physical space waiver by the city, pursuant to § 6.18.040 of this chapter, then one of the container configurations below in § 6.18.030(B)(2)(a) or § 6.18.030(B)(2)(b) will be implemented for the premises dependent upon the type of waste and materials generated.

(a) Option 2a. Green container and gray/black container: generator shall place only source separated green container organic waste in a green container. Generator shall place all other materials in a gray/black container.

(b) Option 2b. Blue container and gray/black container: generator shall place only source separated recyclable materials in a blue container. Generator shall place all other materials in a gray/black container.

(C) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with § 6.18.030(D)(1) and § 6.18.030(D)(2) below) for employees, contractors, tenants, and customers, consistent with city's blue container, green container, and gray/black container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with § 6.18.080.

(D) Excluding multi-family 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 § 18984.9(b), the containers provided by the business shall have either:

(1) A body or lid that conforms with the container colors provided through the collection service provided by the city, 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 division 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. Pursuant to 14 CCR § 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(E) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in § 6.18.030(D) pursuant to 14 CCR § 18984.9(b).

(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 per the city's blue container, green container, and gray/black container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with § 6.18.080.

(G) Excluding multi-family residential dwellings, periodically inspect blue containers, green containers, and gray/black 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 § 18984.9(b)(3).

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

(I) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray/black container waste (when applicable depending upon the three-container or two-container configuration) and the location of containers and the rules governing their use at each property.

(J) Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with § 6.18.100 of this chapter to confirm compliance with the requirements of this chapter.

(K) 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 § 6.18.030(B). The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray/black containers.

(L) 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/black 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/black containers subject to written notification to or approval by the city or its designee.

(M) If a commercial business wants to self-haul, meet the self-hauler requirements in § 6.18.080 of this chapter.

(N) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR § 18984.9(c).

(O) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to § 6.18.050.

(Ord. 4787, passed 5-24-21)

(A) De minimis waivers pursuant to 14 CCR § 18984.11. 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 the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in § 6.18.040(A)(2) below. Commercial businesses requesting a de minimis waiver shall:

(1) Submit an application specifying the services that they are requesting a de minimis waiver and provide documentation as noted in § 6.18.040(A)(2) below.

(2) Provide documentation that either:

(a) The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a green container comprises less than 20 gallons per week per applicable container of the business' total waste; or

(b) The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a green container comprises less than ten gallons per week per applicable container of the business' total waste.

(3) If a de minimis waiver is granted, applicant will be required to subscribe to a two-container collection service comprised of a gray/black container and blue container.

(4) 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.

(5) Provide written verification of eligibility for de minimis waiver every five years, if the city has approved a de minimis waiver.

(6) The city reserves the right to revoke a de minimis waiver at any time if the generator is found to be in violation of any section of this chapter.

(B) Physical space waivers pursuant to 14 CCR § 18984.11. 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 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 § 6.18.030. A commercial business or property owner, including multi-family residential dwellings, may request a physical space waiver through the following process:

(1) Submit an application form specifying the type(s) of collection services for which they are requesting a physical space waiver.

(2) Provide documentation that the premises lacks adequate space for a three-container collection service (gray/black containers, blue containers and green containers) including documentation from its hauler, licensed architect, or licensed engineer.

(3) If a physical space waiver is granted, the applicant will be required to subscribe to a two-container collection service comprised of a gray/black container and a green container.

(4) Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has approved an application for a waiver.

(5) The city reserves the right to revoke a physical space waiver at any time if the generator is found to be in violation of any section of this chapter.

(C) Review and approval of waivers. The City Manager, or his or her designee, will be responsible for the review and approval of waiver requests.

(Ord. 4787, passed 5-24-21)

(A) Tier one commercial edible food generators must comply with the requirements of this § 6.18.050 commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR § 18991.3.

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

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

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

(2) Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

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

(4) Allow the city's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR § 18991.4.

(5) Keep records that include the following information, or as otherwise specified in 14 CCR § 18991.4:

(a) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR § 18991.3(b);

(b) A copy of all contracts or written agreements established under 14 CCR § 18991.3(b); and

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

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

2. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization;

3. The established frequency that food will be collected or self-hauled; and

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.

(6) No later than June 30 of each year commencing no later than January 1, 2022 for tier one commercial edible food generators and January 1, 2024 for tier two commercial edible food generators, provide an annual food recovery report to the city that includes the following information:

(a) The name, address and contact information of the food recovery service or food recovery organization utilized;

(b) The types of food that was collected by or self-hauled to the food recovery service or food recovery organization;

(c) The established frequency that food was collected or self-hauled;

(d) 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; and

(e) The quantity of food, measured in pounds, and the type of food that was not accepted by a food recovery service or food recovery organization.

(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 § 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Cal. Health and Safety Code § 114079, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. 4787, passed 5-24-21)

(A) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(1):

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

(2) The quantity in pounds of edible food collected from each commercial edible food generator per month;

(3) The quantity in pounds of edible food transported to each food recovery organization per month; and

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

(B) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(2):

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

(2) The quantity in pounds of edible food received from each commercial edible food generator per month; and

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

(C) Food recovery organizations and food recovery services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR § 18991.3(b).

(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 or more commercial edible food generators pursuant to 14 CCR § 18991.3(b) shall report to the city it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR § 18991.3(b) no later than July 1 of each calendar year.

(E) Food recovery capacity planning. Food recovery services and food recovery organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district that provides solid waste collection services, 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 60 days, unless a shorter timeframe is otherwise specified by the city.

(Ord. 4787, passed 5-24-21)

(A) Requirements for haulers. Exclusive franchised hauler.

(1) 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:

(a) Through written notice to the city annually on or before July 1, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, source separated green container organic waste, and mixed waste for generators who have been granted a de minimis waiver.

(b) Transport source separated recyclable materials, source separated green container organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

(c) Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR § 18989.1, and/or § 6.18.080 of this chapter.

(2) 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.

(B) Requirements for facility operators and community composting operations.

(1) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the city's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.

(2) Community composting operators, upon the city's request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days.

(Ord. 4787, passed 5-24-21)

(A) Self-haulers shall source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city's organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR §§ 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR § 18984.3.

(B) Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials and provide the city delivery receipts and weight tickets from the entity accepting the materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

(C) Self-haulers that are commercial businesses (including 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. 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; and

(3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

(D) Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in § 6.18.080(B) and § 6.18.080(C) to the city on a monthly basis to the Management Services Department for the duration of the permit. Self-haulers will be required to register with the city upon issuance of a business license or self-hauler permit for source separated recyclable materials and/or organic waste.

(E) Any applicant issued a self-hauler permit for source separated recyclable materials and/or organic waste found to be in violation of § 6.18.080 of this chapter, upon issuance of a first notice of violation, at the discretion of the city enforcement official, will have the self-hauler permit revoked and will be required to subscribe to solid waste and recycling services from the city's franchise waste hauler within five days of the issuance of the notice of violation. Failure to subscribe to solid waste and recycling services will result in penalties prescribed in § 6.18.110 Enforcement.

(Ord. 4787, passed 5-24-21)

Residential and commercial developments shall comply with Local Water Efficient Landscape Ordinance, Alhambra Municipal Code, Chapter 23.17, or the current California Department of Water Resources' Model Water Efficient Landscape Ordinance (MWELO), whichever is more stringent.

(Ord. 4787, passed 5-24-21; Am. Ord. 4847, passed 6-23-25)

(A) City representatives and/or its designated entity, including designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city, or its designee, to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with § 6.18.030(B) of this chapter, 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 § 6.18.030(K) of this chapter.

(B) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment (optional); or (iii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

(C) Any records obtained by the 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 Cal. Government Code § 6250 et seq.

(D) 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.

(E) The city shall receive written complaints, by regular mail or electronic mail, from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints. Written complaints should be addressed to the Management Services Department. Written complaints should include the following information:

(1) If the complaint is not anonymous, the name and contact information of the complainant;

(2) The identity of the alleged violator, if known;

(3) A description of the alleged violation including location(s) and all other relevant facts known to the complainant;

(4) Any relevant photographic or documentary evidence to support the allegations in the complaint; and

(5) The identity of any witnesses, if known.

(Ord. 4787, passed 5-24-21)

(A) Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official or representative. Enforcement actions under this chapter are issuance of an administrative citation, Alhambra Municipal Code § 1.13, and assessment of a fine pursuant to § 6.18.110(E) of this chapter. 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. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.

(C) Responsible entity for enforcement. Enforcement pursuant to this chapter may be undertaken by the city enforcement official, which may be the City Manager or his or her designated entity, legal counsel, or combination thereof.

(D) Process for enforcement.

(1) The city enforcement official and/or their designee will monitor compliance with the chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program that may include remote monitoring. Section 6.18.100 establishes the city's right to conduct inspections and investigations.

(2) The city may issue an official notification to notify regulated entities of its obligations under this chapter.

(3) For incidences of prohibited container contaminants found in containers, the city will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag, a tag at the premises' door or gate, or other written or electronic communication immediately upon identification of the prohibited container contaminants after determining that a violation has occurred. If the city observes prohibited container contaminants in a generator's containers on more than one occasion within a year, the city may assess contamination processing fees or contamination penalties on the generator pursuant to § 6.18.110(E) of this chapter. In addition to city assessed penalties, the city's franchise solid waste hauler may also assess a contamination processing fee for each instance of prohibited container contaminants pursuant to the city's solid waste hauler franchise agreement.

(4) With the exception of violations of generator contamination of container contents addressed under § 6.18.110(D)(3), the city shall issue a notice of violation requiring compliance within 60 days of issuance of the notice. If the respondent is still not in compliance after 60 days of the issuance of the notice, a final notice of violation will be issued which will specify a compliance timeline with a minimum of 48 hours, if the initial process service was performed in person, up to a maximum of five days if the initial process service was performed via electronic communication or postal mail delivery to the respondent.

(5) Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to § 6.18.110(E). Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.

(E) Penalty amounts for types of violations. After a final notice of violation has been issued and the respondent is noncompliant, the penalty levels for a violation are as follows:

(1) For a first violation within a year, the amount of the base penalty shall be $50 per violation.

(2) For a second violation within a year, the amount of the base penalty shall be $100 per violation.

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

(F) Compliance deadline extension considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with § 6.18.110 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 capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR § 18996.2 due to those deficiencies.

(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, Alhambra Municipal Code § 1.13.090. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order.

(H) Education period for non-compliance. Beginning January 1, 2022 and through December 31, 2023, the city will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2022.

(I) Civil penalties for non-compliance. Beginning January 1, 2022, if the city determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to § 6.18.110, as needed.