Arcata Municipal Code Art. 1 General Provisions

The City finds and determines:

A. State recycling law adopted in 1989 requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment (Assembly Bill 939, the California Integrated Waste Management Act of 1989, Public Resources Code Sections 40000, et seq.). In compliance with this law, Arcata adopted a Source Reduction and Recycling Element and Household Hazardous Waste Element in 1992.

B. State recycling law adopted in 2011 places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling service and requires jurisdictions to implement a mandatory commercial recycling program (Assembly Bill 341, Public Resources Code Sections 40004, 41730 through 41736, 41780.01, 41800, 42926, and 42649 et seq.). In compliance with this law, Arcata adopted a mandatory curbside solid waste and recycling program for all residents and businesses in 2009 and adopted a Zero Waste Plan in 2017.

C. State organics recycling law adopted in 2016 establishes statewide organic waste disposal reduction targets of fifty percent (50%) by 2020 and seventy-five percent (75%) by 2025, based on 2014 organics waste disposal baselines, and directed the California Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organic materials in landfills as a source of methane (Senate Bill 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, "SB 1383"), Health and Safety Code Sections 39730.5 through 39730.8 and 42652 et seq.). The CalRecycle regulations implementing SB 1383 place requirements on multiple parties, including counties, cities, residential households, commercial businesses, commercial edible food generators, haulers, self-haulers, food recovery organizations and services, and community composting organizations to support achievement of statewide organic waste disposal reduction targets.

D. In furtherance of the food recovery objectives of the laws noted above and to reduce legal risks associated with food recovery, the California Good Samaritan Food Donation Act of 2017 was adopted to provide additional protections for entities that donate and distribute food for human consumption (Assembly Bill 1219, Civil Code Section 1714.25, Food and Agricultural Code Section 58502, and Health and Safety Code Sections 114432 through 114435).

E. The CalRecycle SB 1383 regulations require jurisdictions to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 regulations concerning regulation of organic waste collection services, generators of organic waste, waste haulers, and generators and processors of edible food, together with enforcement mechanisms and administrative civil penalties for violations of local regulations.

F. The City adopts the ordinance codified in this Chapter in order to comply with SB 1383 requirements in a manner that is consistent with and continues to implement the City’s previously adopted programs, policies and goals including the following:

1. To continue a cost-effective curbside collection program of solid waste and recyclable materials, in order to maximize the diversion of recyclable materials from landfill disposal, which will now include food waste, green waste, and other organic materials.

2. To continue to provide an enforcement mechanism to ensure that residential properties, businesses, commercial and nonresidential properties, and multifamily dwellings provide for the proper storage and curbside collection of solid waste and recyclable materials, including the proper storage and collection of food waste, green waste and other organic materials.

3. To continue to maintain a funding stream to create and improve programs to help achieve the Council’s goals of zero waste and greenhouse gas reduction.

4. To continue to protect the public health, safety, and welfare of the City by reducing or eliminating health hazards, fire hazards, offensive odors, and unsightly litter attributable to accumulations of solid waste. (Ord. 1560, eff. 1/20/2023)

The City maintains exclusive authority to manage and regulate Solid Waste, including but not limited to regulations regarding the storage, collection, transportation, processing and disposal of Solid Waste. Such authority includes the right to determine the methods by which such regulation occurs; for example, through contract, permit, franchise, or another method. The City may enter into exclusive or nonexclusive contracts or franchises for the collection and transportation of Solid Waste, including Recyclable Materials and Organic Waste. No person, entity, organization or firm is authorized to collect such Solid Waste without authorization or permission from the City. Nothing in this Chapter shall be construed as restricting or interfering with a Generator’s right to transport Recyclable Materials not regulated in this Chapter produced by such person or on such person’s premises to a recycling facility; provided, that transportation occurs in accordance with the provisions of this Chapter. Further, nothing in this Chapter shall be construed as restricting or interfering with a Generator engaging in the backyard Composting of Organic Waste, the Self-Hauling of Organic Waste in excess of collection container capacity, or a Generator’s use of a Community Compost Operator, provided such activities are carried out in compliance with the Chapter and State and local law and regulation. (Ord. 1560, eff. 1/20/2023)

Every Generator of Solid Waste has the duty to provide, as herein required, for the storage, removal, and/or Composting, or Recycling of all Solid Waste materials produced on the premises occupied by them in compliance with the provisions of this Chapter where applicable, and in a manner that does not create a public nuisance or health hazard. (Ord. 1560, eff. 1/20/2023)

Unless the context requires otherwise, the definitions in this Section govern the construction of this Chapter. A term not defined in this Chapter shall have the meaning defined by State law and regulation. If term defined herein differs from an applicable definition in State law or regulation, the definition in State law or regulation shall apply. The definition of a word applies to any of that word’s variants.

A. "Authorized Collection Contractor" means any person or entity that the City has authorized to collect Solid Waste or Recyclable materials in the City pursuant to franchise, contract, or permit granted in accordance with the provisions of this Chapter.

B. "Authorized Recycling Collection Contractor" means any person or entity that the City has authorized to collect Recyclable Materials in the City pursuant to franchise, contract or permit granted in accordance with the provisions of this Chapter.

C. "Authorized Solid Waste Collection Contractor" means any person or entity that the City has authorized to collect Solid Waste for Landfill Disposal in the City pursuant to franchise, contract or permit granted in accordance with the provisions of this Chapter.

D. "Commercial Business" 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. A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of this Chapter.

E. "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined herein. For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators.

F. "Commercial Facility" means facilities that are not residential, including, but not limited to, commercial facilities, restaurants, retail facilities, offices, manufacturing or industrial facilities, markets, office buildings, hotels, motels, shopping centers, and theaters located within the boundaries of the City.

G. "Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one (1) time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet.

H. "Community Composting Operator" means any for-profit or nonprofit entity that offers hauling and collection of Food Waste for the purpose of Community Composting. A Community Composting Operator may charge Generators a fee for providing services.

I. "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which means the product resulting from the controlled biological decomposition of organic Solid Waste that is Source Separated from the municipal Solid Waste stream, or which is separated at a centralized facility.

J. "Compost Container" has the same meaning as "Green Container" in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Compost Container Organic Waste.

K. "Compostable" means Solid Waste materials capable of being processed into Compost. Compostable materials include, but are not limited to, Food Waste, green waste, and wood waste, provided such materials are not Hazardous Wastes.

L. "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).

M. "Customer" means a natural person, business or entity who has signed up to receive collection services by the Authorized Solid Waste or Recyclable Materials Collection Contractor.

N. "Designated Recyclable Materials" means Recyclable Materials designated by the Director as subject to mandatory curbside collection.

O. "Director" means the Director of Environmental Services for the City.

P. "Drop-off Center" means a location designated by the Director where residents may leave Recyclable Materials without receiving payment for such Recyclable Materials.

Q. "Edible Food" means food intended for human consumption. For the purposes of this Chapter, "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code, Health and Safety Code Sections 113700, et seq.

R. "Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter.

S. "Food Recovery Service" means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery. A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter.

T. "Food Scraps" means all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.

U. "Food-Soiled Paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, napkins, and pizza boxes, and is approved by the Director for placement in the Compost Container.

V. "Food Waste" means Food Scraps, Food-Soiled Paper, and Compostable Plastics in combination or separately.

W. "Generator" means any person, firm, or entity that generates Solid Waste.

X. "Hazardous Waste" means a waste defined as a "hazardous waste" pursuant to Public Resources Code Section 40141, or a combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may do either of the following:

1. Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

2. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Unless expressly provided otherwise, "Hazardous Waste" includes extremely hazardous waste and acutely hazardous waste.

Y. "Household Hazardous Waste" means Hazardous Waste commonly occurring in households, including but not limited to motor oils, latex paints, solvents or oil-based paints, batteries, pesticides and cleansers.

Z. "Landfill Container" has the same meaning as "Gray Container" in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Landfill Container Waste.

AA. "Landfill Disposal Facility" means any state permitted facility or location where landfill disposal of Solid Waste occurs or where Solid Waste for Landfill Disposal may be deposited and includes a transfer station where Solid Waste is consolidated and transferred to vehicles for transportation to a disposal facility.

BB. "Landfill Container Waste" means Solid Waste that is collected in a Landfill Container.

CC. "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 the City, 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, street system, or other open space when being used for an event.

DD. "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. For purposes of this Chapter, a Large Venue includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, performing arts center, theater, or other public attraction facility.

EE. "Multi-Family Residential Dwelling," or "Multi-Family," means residential premises, with five (5) or more residential units, irrespective of whether residents therein are temporary or permanent. Multi-Family Residential Dwellings do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

FF. "Nonorganic Recyclables" means nonputrescible and nonhazardous Recyclable Materials including but not limited to bottles, cans, metals, plastics and glass.

GG. "Organic Waste" means Solid Waste 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. Biosolids and digestate are as defined by 14 CCR Section 18982(a).

HH. "Recyclable Materials" means materials that have been Source Separated from the Solid Waste stream prior to disposal and returning them for use or reuse in the form of raw materials for new, used or reconstituted products in the market place and that are not landfilled. Recyclable Materials include any materials identified by the Director for which a market exists, including but not limited to: plastic bottles and jars, paper, cardboard, glass, newspaper, metal containers, cans, as well as Compostable materials such as green waste, yard waste or food waste.

II. "Recycle" or "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise be disposed of, and returning 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 market place.

JJ. "Recycling Container" has the same meaning as "Blue Container" in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials and Source Separated Recycling Container Organic Waste.

KK. "Recycling Facility" means a facility permitted by the City to recycle Solid Waste material. A recycling facility may pay or offer redemption for Recyclable Materials to persons or Authorized Recycling Collection Contractors who bring Recyclable Materials to such recycling facility.

LL. "Self-Hauler" means a Generator who hauls Solid Waste, Organic Waste or Recyclable Material it has generated to another person, firm, entity or Community Compost Operator for disposition as allowed by the City and otherwise in accordance with all applicable laws.

MM. "Single-Family Unit" means premises used for or designated as a single-family residential dwelling, irrespective of whether residents therein are transient, temporary, or permanent.

NN. "Solid Waste" is defined in Public Resources Code Section 40191 and means: all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, de-watered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid or semi-solid wastes, yard waste and other discarded solid and semi-solid wastes, with the exception that Solid Waste does not include any of the following wastes:

1. Radioactive waste regulated pursuant to Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code.

2. Medical waste regulated pursuant to the Medical Waste Management Act, Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code. Untreated medical waste shall not be disposed of at a Solid Waste Landfill Disposal Facility. Medical waste that has been treated and which is deemed to be Solid Waste shall be regulated pursuant to Division 30 of the Public Resources Code.

3. Hazardous or Household Hazardous Waste.

OO. "Solid Waste Collection Services" means services provided by an Authorized Solid Waste Collection Contractor for the collection of Solid Waste for Landfill Disposal.

PP. "Solid Waste for Landfill Disposal" means Solid Waste material intended by the Generator for landfill disposal.

QQ. "Source Separated" or "Source Separate" means materials, including commingled Recyclable Materials, that have been separated or kept separate from the Solid Waste stream at the point of generation for the purpose of additional sorting or processing for Recycling or reuse. 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 Solid Waste for Landfill Disposal or other Solid Waste for purposes of collection and processing.

RR. "Source Separated Compost Container Organic Waste" means Source Separated Organic Waste that is placed into a Compost Container intended by the Generator for separate collection as Organic Waste. Source Separated Compost Container Organic Waste excludes Source Separated Recycling Container Organic Waste, carpets, textiles, and noncompostable paper such as paper that is coated, lined or treated with a noncompostable material or which is otherwise unacceptable to the facility processing the Compost material.

SS. "Source Separated Recycling Container Organic Waste" means Source Separated Organic Waste placed into a Recycling Container intended by the Generator for separate collection as Recyclable Materials. Source Separated Recycling Container Organic Waste is limited to the collection of those Organic Wastes capable of being Recycled including nonorganic recyclables such as unsoiled Paper Products and Printing and Writing Paper.

TT. "Special Waste" means nonrotting Solid Waste material from dwelling units, institutional, commercial, industrial, or agricultural establishments that requires special collection, handling, treatment, and/or disposal techniques or permit changes for disposal.

UU. "Tier One Commercial Edible Food Generator," or "Tier One," means a Commercial Edible Food Generator that is one (1) of the following:

1. Supermarket. For purposes herein, a "Supermarket" is a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000) or more, and which sells dry grocery, canned goods or nonfood items and some perishable items.

2. Grocery Store with a total facility size equal to or greater than ten thousand (10,000) square feet. For purposes herein, a "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 food is prepared and served, including bakery, deli, and meat or seafood departments.

3. Food Service Provider. For purposes herein, a "Food Service Provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements.

4. Food Distributor. For purposes herein, a "Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores.

VV. "Tier Two Commercial Edible Food Generator," or "Two Tier," means a Commercial Edible Food Generator that is one (1) of the following:

1. 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.

2. Hotel with an on-site Food Facility and two hundred (200) or more rooms.

3. Health facility with an on-site Food Facility and one hundred (100) or more beds.

4. Large Venue.

5. Large Event. (Ord. 1560, eff. 1/20/2023)