Arcata Municipal Code Art. 3 Organic Waste Diversion

A. Single-Family Generators shall comply with all of the following:

1. Subscribed to the collection service(s) approved by the City for Compost Containers, Recycling Containers, and Landfill Containers. The City shall have the right to review the number and size of a Generator’s containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation of materials and containment of materials. A Single-Family Generator shall adjust its service level for its collection services as requested by the Director in order to meet the standards set forth in this Chapter. Generators may manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using the services of a Community Composting Operator to the extent permitted by other applicable laws.

2. Participate in the Organic Waste collection service(s) approved by the City by placing designated materials in designated containers as specified in this Chapter, and not placing prohibited materials in collection containers. Generators shall place Source Separated Compost Container Organic Waste, including Food Waste, in the Compost Container; Source Separated Recyclable Materials in the Recycling Container; and Landfill Container Waste in the Landfill Container. Generators shall not place materials designated for the Landfill Container into the Compost Container or the Recycling Container. (Ord. 1560, eff. 1/20/2023)

A. General. All Commercial Business Generators, including Multi-Family Residential Dwellings, shall comply with all of the following:

1. Supply or allow access to an adequate number of collection receptacles that are properly sized, located, labeled and color-coded for employee’s, contractor’s, tenant’s, and customer’s convenient use in a manner that is consistent with the Recycling Container, Compost Container, and Landfill Container collection services.

2. To the greatest extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials.

3. Periodically inspect Recycling Containers, Compost Containers, and Landfill Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those Containers.

4. Annually provide information to employees, contractors, tenants, building residents, and customers about Organic Waste recovery requirements and about proper sorting of Source Separated Compost Container Organic Waste and Source Separated Recyclable Materials.

5. Provide or arrange access for the City to their properties to conduct inspections in connection with this Chapter and timely provide documents requested by the City to confirm compliance with the requirements of this Chapter.

B. Multi-Family Residential Dwellings. Commercial Businesses operating Multi-Family Residential Dwellings shall comply with all of the following requirements:

1. Provide for the Multi-Family Residential Dwelling containers for the collection of Source Separated Compost Container Organic Waste and Source Separated Recyclable Materials in all common areas where those materials are generated and where disposal containers are provided for tenants, and in areas for internal consolidation of materials that are later deposited in Compost Containers, Recycling Containers, and Landfill Containers for collection by Authorized Collection Contractors. Such containers are not required in restrooms accessible from common areas of the Multi-Family Dwelling. Such containers shall be labeled and/or color coded in a manner consistent with the color and labeling requirements in this Chapter.

2. Provide information before or within fourteen (14) days of new occupation of the premises to new tenants and no less than fourteen (14) days before tenants move out of the premises, unless a tenant does not provide fourteen (14) or more days’ notice before moving out, that describes requirements to keep Source Separated Compost Container Organic Waste and Source Separated Recyclable Materials separate from each other and from Solid Waste for Landfill Disposal, the location of containers, and the rules governing their use at the property.

C. Commercial Business Generators Other Than Multi-Family Residential. Commercial Business Generators excluding Multi-Family Residential Dwellings shall comply with all of the following requirements:

1. Provide receptacles for the collection of Source Separated Compost Container Organic Waste and Source Separated Recyclable Materials generated at that business ("User Disposal Containers") in all areas where the Commercial Business provides disposal containers for employees, contractors, tenants, customers and other users of the premises; excepting that User Disposal Containers do not need to be provided in restrooms; and further, if a Commercial Business does not generate, or has a waiver pertaining to, any of the materials that would be collected in one (1) type of User Disposal Container, the Commercial Business is not required to provide that particular type of User Disposal Container;

2. Label all new User Disposal Container bodies or lids with language or graphic images, or both, indicating the primary materials accepted and the primary materials prohibited in that container; and

3. Replace all User Disposal Container bodies or lids to conform with color requirements of this Chapter for Landfill Containers, Compost Containers, and Recycling Container no later than the earlier of (a) January 1, 2036; or, (b) the end of the useful life of the User Disposal Container.

D. Organic Waste Reduction. Nothing in this Section prohibits a Generator from preventing or reducing waste generation or managing Organic Waste on site in a manner consistent with state and local laws and regulation, and/or using the services of a Community Composting Operator in accordance with this Chapter. (Ord. 1560, eff. 1/20/2023)

A. Compliance Schedule.

1. Tier One Commercial Edible Food Generators shall comply with the requirements of this Section. Tier Two Commercial Edible Food Generators shall comply with the requirements of this Section no later than January 1, 2024.

2. Commencing January 1, 2024, 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 Chapter.

B. Requirements. Commercial Edible Food Generators shall comply with all of the following requirements:

1. Arrange to safely recover for human consumption the maximum amount of Edible Food that would otherwise be disposed.

2. Enter into a contract or other written agreement with one (1) or more Food Recovery Organizations or Food Recovery Services for: (a) the collection for recovery of Edible Food that would otherwise be disposed; or (b) acceptance of Edible Food that would otherwise be disposed and which the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for food recovery.

3. Use best efforts to comply with all requirements specified by the Food Recovery Organization or Food Recovery Service concerning how Edible Food should be prepared, packaged, labeled, handled, stored, distributed or transported to the Food Recovery Organization or Service.

4. Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code, Health and Safety Code Sections 113700 et seq.

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

6. Allow the Director to review records upon request, including by providing electronic copies or allowing access to the premises.

7. Keep records and provide reports to the Director that include the following information:

a. A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement.

b. A copy of all contracts and written agreements established under this Chapter.

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 with which 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. A Commercial Business operated as an Edible Food Generator that has not entered into a contract or written agreement with Food Recovery Organizations or Food Recovery Services pursuant to this Chapter, shall create a record describing either its (i) direct donation of Edible Food to end recipients (including employees); or (ii) Food Waste prevention practices that result in it generating no surplus Edible Food available for donation.

8. Both Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators shall provide, upon request, a food recovery report to the Director containing the information required herein to be recorded. Entities shall provide the requested information within sixty (60) days of the request.

C. Nothing in this Chapter shall be construed to limit or conflict with (1) 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 as specified in Education Code Sections 49580 et seq. and Health and Safety Code Section 114079; or (2) otherwise applicable food safety and handling laws and regulations.

D. Nothing in this Chapter prohibits a Commercial Business Edible Food Generator from donating Edible Food directly to end recipients for consumption. (Ord. 1560, eff. 1/20/2023)

A. Nothing in this Chapter prohibits a Food Recovery Service or Food Recovery Organization from refusing to accept edible food from a Commercial Business Edible Food Generator.

B. Food Recovery Services collecting or receiving Edible Food directly from Commercial Business Edible Food Generators shall maintain the following records:

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

2. The quantity in pounds of Edible Food collected from each Commercial Business Edible Food Generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a Commercial Business Edible Food Generator or otherwise not able to be used to feed people.

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

4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for food recovery.

C. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Business Edible Food Generators shall maintain the following records:

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

2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a Commercial Edible Food Generator or otherwise not able to be used to feed people.

3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for food recovery.

D. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one (1) or more Commercial Business Edible Food Generators shall report to the Director the total pounds of Edible Food recovered from the Tier One and Tier Two Commercial Edible Food Generators according to a time schedule established by the Director.

E. In order to support Edible Food Recovery capacity planning assessments and similar studies, Food Recovery Services and Food Recovery Organizations operating within the City shall provide, upon request, information and consultation to the City or authorized designee regarding existing, or proposed new or expanded, food recovery capacity in a form that can be provided to or that can be accessed by the City. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified by the City. (Ord. 1560, eff. 1/20/2023)

A. A Community Compost Operator or Community Compost facility may not operate in the City without authorization from the City. All Community Compost Operators and Community Compost facilities shall conduct their operations in compliance with applicable state law and City regulations, and be operated in a neat and clean manner that does not create a public health or nuisance hazard.

B. 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 request from the City, provide within sixty (60) days 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.

C. Community Composting Operators shall, upon request from the City, provide within sixty (60) days information 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. Community Composting Operators shall keep a record of the amount of Organic Waste (in tons) transported and composted for each Commercial Business participant. This record shall be subject to inspection by the City. (Ord. 1560, eff. 1/20/2023)