Part 4 — ORGANIC WASTE DISPOSAL REDUCTION

5140. • REQUIREMENTS FOR SINGLE-FAMILY GENERATORS (STANDARD COMPLIANCE APPROACH).

Single-Family Organic Waste Generators shall comply with the following requirements

Shall subscribe to the City's Organic Waste collection services for all Organic Waste generated as described below in Section 5140(2). 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 through backyard residential composting, and/or using a community composting site.

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.

A.

A three-container collection service (Blue Container, Green Container, and Gray Container). Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

COMPLIANCE APPROACH).

Generators that are Commercial Businesses, as well as Multi-Family Residential Dwellings, shall:

Subscribe to the City's three-container collection services and comply with requirements of those services as described below in Section 5140.2(2). The City shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses and Multi-Family shall adjust their service level for their collection services as requested by the City.

Participate in the City's three-container collection service(s) by placing Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Gray Container into the Green Container or Blue Container, nor place materials designated for the Green Container or Blue Container into the Gray Container.

Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors (conforming with Section 5140.2(4)(A)(B) for employees, contractors, tenants, and customers, consistent with the City's Blue Container, Green Container, and Gray Container collection service.

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:

A.

A body or lid that conforms with the container colors provided through the collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

B.

Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR § 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements in Section 5140.2(4) pursuant to 14 CCR § 18984.9(b).

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 in accordance with Section 5140.2(2).

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 those

containers pursuant to 14 CCR § 18984.9(b)(3).

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.

Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property.

Provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with Section 5140.11 to confirm compliance with the requirements of this chapter.

Accommodate and cooperate with City's Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, to evaluate generator's compliance with Section 5140.2(2). The Remote Monitoring program shall involve installation of Remote Monitoring equipment on or in the Blue Containers, Green Containers, and Gray Containers.

Nothing in this section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a community composting site.

Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to 5140.5.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

(a)

De Minimis Waivers. The City may waive a Commercial Business' and Multi-Family obligation) to comply with some or all of the Organic Waste requirements if the Commercial Business or Multi-Family provides documentation that the business generates below a certain amount of Organic Waste material as described in 5140.4(a)(2) below. Commercial Businesses or Multi-Family requesting a de minimis waiver shall:

Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 5140.3(a)(2) below.

Provide documentation that either:

A.

The Commercial Business' or Multi-Family's total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business' total waste; or

B.

The Commercial Business' or Multi-Family's total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business' total waste.

Notify City if circumstances change such that Commercial Business's or Multi-Family's Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.

Provide written verification of eligibility for de minimis waiver every 5 years, if the City has approved de minimis waiver.

(b)

Physical Space Waivers. The City may waive a Commercial Business' or property owner's obligations (including Multi-Family Residential Dwellings) to comply with some or all of the 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.

A Commercial Business or property owner may request a physical space waiver through the following process:

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

Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.

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

(c)

Additional Waivers. The City may provide any additional waivers of the requirements of this chapter to the extent permitted by applicable law. The Public Works Director or his or her designee shall be responsible for determining the grounds for the waiver, its scope, and appropriate administration.

(d)

Review and Approval of Waivers by City. The Public Works Services Director or his or her designees within ten (10) business days of receipt of the Commercial Business' or Multi-Family's waiver application review and inspect the Commercial Business' or Multi-Family's premises to verify the accuracy of the application.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

(a)

Tier One Commercial Edible Food Generators must comply with the requirements of this section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.

(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:

Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

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.

Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

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.

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).

C.

A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:

i.

The name, address and contact information of the Food Recovery Service or Food Recovery Organization.

ii.

The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.

iii.

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

iv.

The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

D.

No later than January 1st of each year commencing no later than January 1, 2023 for Tier One Commercial Edible Food Generators and January 1, 2025 for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the City that includes the following information: submit records of their contracts or written agreements, and the amount and type of Edible Food that was not accepted by Food Recovery Organizations or services for donation.

(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, Chapter 557, Statutes of 2017.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

(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):

The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food 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):

The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

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 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 March 30th.

(d)

Food Recovery Capacity Planning

Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies, 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. No. 2383, § 1(Exh. A), 11-2-21)

(a)

Requirements for Haulers.

(1)

The City's exclusive franchised hauler and permitted haulers providing residential (including Multi-Family), 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 March 30th identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, and Source Separated Green Container Organic Waste

(B)

Transport Source Separated Recyclable Materials, and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

(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 Section 18989.1, Section 10 of this ordinance.

(2)

The City's exclusive franchise hauler and permitted haulers authorized to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within SB 1383.

The permitted haulers, at its sole expense, will implement a public education and outreach program to expand public and customer awareness including (i) inform generators about the services that are provided by the permitted haulers with specific focus on describing the methods and benefits of source reduction, Reuse, Recycling, and Composting (if applicable); (ii) instruct generators on the proper method for placing materials in Containers for Collection and setting Containers out for Collection, with specific focus on minimizing contamination of Source Separated Recyclable Materials and SSGCOW; (iii) clearly define Excluded Waste and educate generators about the hazards of such materials and their opportunities for proper handling; (iv) discourage generators from buying products if the product and its packaging are not readily Reusable, Recyclable, or compostable; (v) inform generators subject to Food Recovery requirements under SB 1383 Regulations of their obligation to recover Edible Food and actions they can take to prevent the creation of Food Waste; (vi) encourage the use of compost; and, (vii) encourage generators to purchase products/packaging made with Recycled-content materials, and in accordance with 14 CCR Section 18985.1.

(3)

On or before February 1, 2022, the permitted haulers shall develop a list of Food Recovery Organizations and Food Recovery Services operating within the City, maintain the list on the City's-specific website, share the list with the City, and update the list annually. The list shall include, at a minimum, the following information about each Food Recovery Organization and each Food Recovery Service: name and physical address; contact information; collection service area; and an indication of types of Edible Food the Food Recovery Service or Food Recovery Organization can accept for Food Recovery.

At least annually, the City's permitted haulers shall provide Commercial Edible Food generators with the following information: information about the City's Edible Food Recovery program; information about the Commercial Edible Food Generator requirements under 14 CCR, Division 7, Chapter 12, Article 10; information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and, information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.

(4)

Commencing on or before January 1, 2022, the permitted haulers shall, at its sole expense, conduct Hauler Route reviews for Prohibited Container Contaminants in Collection Containers in a manner that is deemed

safe by the permitted haulers; is approved by the City; and, is conducted in a manner that results in all Hauler Routes being reviewed annually.

The permitted haulers shall conduct Hauler Route reviews that include inspection of the contents of Customers' Collection Containers for Prohibited Container Contaminants in a manner such that a minimum of ten percent (10%) of Containers on each and every Hauler Route are inspected annually. The Containers shall be randomly selected.

The permitted haulers shall develop a Hauler Route review methodology to accomplish the above Container inspection requirements and such methodology shall comply with the requirements of 14 CCR Section 18984.5(b). Contractor shall submit its proposed Hauler Route review methodology for the coming year to the City no later than January 15 of each year describing its proposed methodology for the calendar year and schedule for performance of each Hauler Route's annual review. Permitted haulers' proposed Hauler Route review methodology shall include not only its plan for Container inspections, but may or shall also include its plan for prioritizing the inspection of Customers that are more likely to be out of compliance. The City will review and approve the proposed methodology. The permitted haulers may commence with the proposed methodology upon approval.

If the City notifies the permitted haulers that the methodology is inadequate to meet the requirements of 14 CCR Section 18984.5(b), the permitted haulers shall, at its sole expense, revise the methodology and, after obtaining the City approval, conduct additional Hauler Route reviews, increased Container inspections, or implement other changes using the revised procedure.

The Public Works Services or his/her designee may request, and the permitted haulers shall accept, modifications to the schedule to permit observation of the Hauler Route reviews by the City. In addition, the permitted haulers shall provide an email notice to the Public Works Services or his/her designee no less than ten (10) working days prior to each scheduled Hauler Route review that includes the specific time(s), which shall be within the City's normal business hours, and location(s).

Upon finding Prohibited Container Contaminants in a Container, the exclusive and permitted haulers shall follow the contamination noticing procedures and contaminated Container handling such that the driver or other permitted haulers' representative shall record each event of identification of Prohibited Container Contaminants in a written log or in the on-board computer system including date, time, customer's address, type of Container (Blue, Green, or Gray Container); and maintain photographic evidence. The permitted haulers shall submit this record to their customer service department and shall update the customer's account record to note the event, if the documentation if the on-board computer system did not automatically update the customer's account record.

The permitted haulers shall maintain records and report to the City monthly on contamination monitoring activities and actions taken.

(5)

The exclusive hauler and permitted haulers shall assist the City outlined in Section 5140.3. of this Ordinance including reviewing waiver application and inspecting the Commercial Business' or Multi-Family premises to verify the accuracy of the application. The permitted haulers shall provide documentation of the inspection, including the permitted haulers' recommendation to approve or deny the waiver request,

and send this information to the City within seven (7) days of receipt of the Commercial Business' or Multi- Family's waiver application for the City's review and approval. The City ultimately retains the right to approve or deny any application, regardless of the permitted haulers' recommendation. The permitted haulers shall report information regarding waivers reviewed on a monthly basis.

(6)

The permitted haulers shall complete a compliance review of Commercial Businesses and Multi-Family that generate two (2) cubic yards or more per week of Solid Waste, including Organic Waste, to determine their compliance with the Commercial Businesses and Multi-Family requirements under the City's contamination monitoring program.

From January 1, 2022 through December 31, 2023, when compliance reviews are performed by the permitted haulers pursuant to the above section, the permitted haulers shall provide educational materials in response to violations. The permitted haulers shall provide these educational materials to the non- compliant Commercial Businesses and Multi-Family within seven (7) days of determination of non- compliance or immediately upon determination of non-compliance if such non-compliance is determined during an inspection or Hauler Route review. The permitted haulers shall document the non-compliant Commercial Businesses and Multi-Family and the date and type of education materials provided and shall report such information to the City. Beginning January 1, 2024, the permitted haulers shall, in addition to providing the education materials described in this subsection, document non-compliant Commercial Businesses and Multi-Family determined through permitted haulers' compliance reviews outlined above and shall report all Commercial Businesses and Multi-Family with violations of SB 1383 Regulations to the City. The City shall be responsible for subsequent enforcement action against the Commercial Businesses and Multi-Family.

(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.

Papers were not provided.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

(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, Multi-Family , property owners, Commercial Edible Food Generators, Self-Haulers, hauler, Food Recovery Service, and Food Recovery Organizations, subject to applicable laws. This Section does not allow the City to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business and Multi-Family containers for compliance with Sections 5140 or 5140.2, the City may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses and Multi-Family shall accommodate and cooperate with the Remote Monitoring pursuant to Sections 5140 or 5140.2.

(b)

The 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 described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described in Section 5140.8.

(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 Government Code Section 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)

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.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

Violation of any of the provisions of this Chapter is unlawful and an offense. Such violations are punishable as provided by Chapter 4A. Any notice of violations and associated fines imposed shall follow the process

and meet the minimum amounts required by applicable law, including the SB 1383 Regulations. This Chapter shall only be enforceable on federal, state, and local entities to the extent of the City's regulatory authority.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)