Artesia Municipal Code Art. 1 Garbage, Rubbish, and Waste Materials

This article shall be known as the "Solid Waste Law of the City of Artesia."

(Ord. 195, § 2; Ord. 647, § 2; Ord. 22-927, § 3)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Blue container"

has the same meaning as in 14 CCR Section 18982(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.

"Bulky item"

means solid waste that cannot be accommodated within the container provided for collection, including: furniture (including chairs, desks, sofas, mattresses, and rugs); appliances (including refrigerators with and without Freon, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as "white goods"); rubbish; and electronics (including stereos, televisions, computers, monitors, cellular phones, VCRs, microwaves). "Bulky item" shall not include discarded automobile or truck bodies or waste material resulting from any construction operation.

"C&D"

means construction and demolition debris.

"CalRecycle"

means the California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on cities and others.

"California code of regulations or CCR"

means 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).

"City enforcement official"

means the City Manager or designee in charge or authorized designee(s) who is/are partially or whole responsible for enforcing this chapter. See also "Regional or County Agency Enforcement Official."

"Code"

means the Artesia Municipal Code.

"Collection"

means the operation of gathering together rubbish and waste materials and transporting such rubbish and waste materials to the point of disposal.

"Commercial business or commercial"

means 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 Section 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 commercial edible food generator or a Tier Two commercial edible food generator as defined by this chapter, or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, "food recovery organizations" and "food recovery services" are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

"Commercial premises"

means those premises upon which the primary and principal activities are of a commercial nature and which activities and uses fall within the Service and Professional (C-S-P), Neighborhood Commercial (C-N), General Commercial (C-G), and Commercial Planned Development (CPD) Zones and those multi-residential premises consisting of four or more dwelling units.

"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 time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4), or as otherwise defined by 14 CCR Section 18982(a)(8).

"Compliance reviews"

means reviews of records by the City to determine compliance with this chapter.

"Compost"

has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this article, 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"

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).

"Container"

means a receptacle constructed of metal, wood, or wood substitute and having a solid bottom.

"Container contamination or contaminated container"

means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

"Contractor"

means the person entering into a contract with the City for the collection and disposal of garbage, rubbish, and waste materials.

"Designee"

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

"Disposal"

means the complete operation of treating and disposing of the accumulations of rubbish and waste materials and the products of residue arising from such treatment.

"Edible food"

means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 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"

means an action or actions 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"

means a 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 California Public Resources Code Sections 41500 and 41802.

"Food distributor"

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

"Food facility or food facilities"

has the same meaning as in Health and Safety Code Section 113789.

"Food recovery"

means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

"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 Health and Safety Code Section 113783;

(2)

A nonprofit charitable organization as defined in Health and Safety Code Section 113841; and

(3)

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

(4)

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 Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this article.

"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, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"Food scraps"

means 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"

means 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 Section 18982(a)(27).

"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, paper coffee cups, napkins, pizza boxes, and milk cartons.

"Food waste"

means food scraps, food-soiled paper, and compostable plastics.

"Garbage"

means waste animal and vegetable matter of every kind and character, including such waste food and animal and vegetable matter as accumulates in the kitchens and on the tables of hotels, restaurants, eating houses, and private homes. "Garbage" shall also include such waste animal and vegetable matter as accumulates in meat markets, grocery stores, and fruit and vegetable markets.

"Gray container"

has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of mixed waste.

"Gray container waste"

means solid waste that is collected in a gray container as specified in 14 CCR Section 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). Gray container waste may specifically include carpet, non-compostable paper, and textiles.

"Green container"

has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

"Grocery store"

means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

"Hauler route"

means the designated itinerary or sequence of stops for each segment of the City's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

"High diversion organic waste processing facility"

means a facility that is in compliance with the reporting requirements of 14 CCR Section 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 Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5), or as otherwise defined in 14 CCR Section 18982(a)(33).

"Householder"

means the owner or occupant of any residential premises consisting of less than four dwelling units.

"Industrial premises"

means those premises upon which the primary and principal activities are of an industrial nature and which activities and uses fall within the Light Manufacturing and Industrial (M-1) Zone, including those activities and uses requiring conditional use permits.

"Inspection"

means a site visit where a 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 article, or as otherwise defined in 14 CCR Section 18982(a)(35).

"Large event"

means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 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 Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this article.

"Large venue"

means 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 article 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 article 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 Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this article.

"Local education agency"

means 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 Section 18982(a)(40).

"Multi-family residential dwelling or multi-family"

means of, from, or pertaining to residential premises with five or more dwelling units. 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.

"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 Section 18982(a)(41).

"Non-organic recyclables"

means 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 Section 18982(a)(43).

"Notice of violation"

means 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 Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

"Organic waste"

means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing papers, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

"Organic waste generator"

means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 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 Section 18982(a)(51).

"Printing and writing papers"

shall 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 Section 18982(a)(54).

"Prohibited container contaminants"

means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the City's blue container; (2) 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; (3) discarded materials placed in the gray 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 (4) excluded waste placed in any container.

"Recovered organic waste product"

means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

"Recovery"

means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

"Recyclable materials"

means those materials that are suitable for recycling including, but not limited to, newspapers (including inserts and coupons); glass jars and bottles; cans (aluminum, bimetal and tin cans); mixed paper (brown bags, cereal boxes, colored paper, computer paper, construction paper, cracker boxes, envelopes, junk mail, legal pad backings, paper egg cartons, shoe boxes, and white paper); telephone books; magazines and catalogs; corrugated cardboard; chipboard; aluminum foil and trays; aerosol cans; scrap metal; plastic containers (1 through 7); and plastic bags.

"Recycled-content paper"

means paper products and printing and writing papers that consists of at least 30%, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

"Regional or county agency enforcement official"

means a regional or county agency enforcement official, designated by the City with responsibility for enforcing the article in conjunction or consultation with City Enforcement Official.

"Remote monitoring"

means the use of the Internet of Things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

"Restaurant"

means 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 Section 18982(a)(64).

"Route review"

means 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 Section 18982(a)(65).

"Rubbish"

means tree and shrubbery trimmings, lawn renovations, grass, weeds, leaves, chips, paper, pasteboard, magazines, books, rags, rubber, carpets, clothing, boots, shoes, hats, straw, packing boxes and cartons, crates, packing materials, and other kinds of combustible rubbish, trash, or waste materials which ordinarily accumulate in the operation of a household or business. "Rubbish" shall not mean manure or waste from any poultry yard or stable.

"SB 1383"

means Senate Bill 1383 (Chapter 375, Statutes of 2016), 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"

means or refers to, for the purposes of this article, 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"

means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 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 Section 18982(a)(66)(A).

"Single-family"

means of, from, or pertaining to any residential premises with fewer than five units.

"Solid waste"

has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

(1)

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

(2)

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

(3)

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

"Source separated"

means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, 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 Section 17402.5(b)(4). For the purposes of the article, 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 mixed waste or other solid waste for the purposes of collection and processing.

"Source separated blue container organic waste"

means 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 Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7).

"Source separated green container organic waste"

means 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"

means source separated non-organic recyclables and source separated blue container organic waste.

"State"

means the State of California.

"Supermarkets"

means a full-line, self-service retail store with gross annual sales of two million ($2,000,000.00) dollars, 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 Section 18982(a)(71).

"Tier one commercial edible food generator"

means a commercial edible food generator that is one of the following:

(1)

Supermarket.

(2)

Grocery store with a total facility size equal to or greater than 10,000 square feet.

(3)

Food service provider.

(4)

Food distributor.

(5)

Wholesale food vendor.

"Tier two commercial edible food generator"

means a commercial edible food generator that is one of the following:

(1)

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

(2)

Hotel with an on-site food facility and 200 or more rooms.

(3)

Health facility with an on-site food facility and 100 or more beds.

(4)

Large venue.

(5)

Large event.

(6)

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.

"Waste material"

means broken crockery, broken glass, ashes, cinders, shells, bottles, tin cans, metals, and other similar noncombustible waste materials resulting from the operation of a household or business. "Waste material" does not include discarded automobile or truck bodies, other bulky or heavy objects, or waste materials resulting from any building or construction operation.

"Wholesale food vendor"

means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

(Ord. 17-854 § 2; Ord. 195, § 2; Ord. 254, § 1; Ord. 283, § 1; Ord. 647, § 2; Ord. 15-819, § 1; Ord. 16-837, § 1; Ord. 22-927, § 3)

The Council is hereby authorized and empowered to operate, maintain, repair, and manage a system and facilities for the collection, removal, and disposal of garbage, solid waste, recyclable materials, organic waste, refuse, rubbish, offal, trimmings, and other refuse matter within the City if such collection, removal, and disposal is not provided for by a contract with a contractor.

(Ord. 195, § 2; Ord. 254, § 1; Ord. 647, § 2; Ord. 22-927, § 3)

(a) The City Council may authorize, by contract, one or more solid waste enterprises to provide solid waste, recyclable materials, and organic waste collection services for residential, commercial, and industrial premises within the City. In the sole discretion of the City Council, the solid waste, recyclable materials, and organic waste collection services may be authorized on an exclusive or nonexclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within the City or any part of it.

(b) No person shall collect or dispose of solid waste, recyclable materials, and organic waste from premises within the City unless that person has entered into a collection agreement with the City, except as otherwise specifically provided in this chapter, and irrespective of any permit issued by any other governmental agency authorizing collection of solid waste, recyclable materials, and organic waste. Any such collection agreement shall be in addition to any business license or permit otherwise required by this Code.

(c) The terms and provisions of any collection agreement for solid waste, recyclable materials, and organic waste collection services may relate to or include, without limitation, such requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the collection agreement and which will, in the judgment and discretion of the City Council, best serve the public interest and protect the public health, safety, and welfare.

(d) In the event of any conflict between the provisions of a collection agreement which is authorized and approved by the City Council and the provisions of this chapter, the provisions of the collection agreement shall control.

(Ord. 195, § 2; Ord. 254, § 1; Ord. 647, § 2; Ord. 15-819, § 2; Ord. 22-927, § 3)

All rights and privileges of the contractor shall be granted pursuant to the provisions of this chapter and shall be conditioned on the contractor having on deposit with the City Clerk at all times during City service a valid unexpired bond, approved by the City Attorney, in cash or corporate surety, in the amount of $10,000, conditioned that the contractor will faithfully perform and carry out the provisions of this chapter, the terms of any resolution adopted pursuant to the provisions of this chapter, the terms of any individual contract entered into for the collection of refuse, and the compliance of the contractor with all laws, statutes, and regulations relating to the collection and disposal of garbage and refuse.

Such bond shall be in favor of the City and shall not extend to the right of recovery against the sureties by third persons. Such bond shall not be void upon the first recovery but may be used and recovered upon from time to time by the City until the whole principal sum is exhausted. Such bond may contain a provision giving the sureties the option to cancel the bond upon first giving notice in writing to the City Clerk not less than 30 days before the effective date of the cancellation; provided, however, such cancellation shall not impair the right of the City to reimbursement for the correction of conditions resulting from the violation of any law, statute, or regulation relating to the collection and disposal of garbage and refuse or the contract or resolution made pursuant to the provisions of this chapter, which violation occurred before the effective date of the cancellation of the bond, whether the work of correction was performed before or after such effective date.

(Ord. 195, § 2; Ord. 202, § 1; Ord. 647, § 2)

No person shall operate a refuse or garbage truck within the City unless, at the time such truck is being operated within the City, there is on file with the City Clerk a valid unexpired public liability and property damage insurance policy in the amounts of $100,000 for injuries to or the death of any one person arising out of any one accident, $300,000 for injuries to or the death of more than one person arising out of any one accident, and $10,000 for property damages arising out of any one accident. Such insurance policy shall be in a form approved by the City and a copy shall be furnished to the City.

(Ord. 195, § 2; Ord. 202, § 1; Ord. 647, § 2; Ord. 22-927, § 3)

In the event a contract exists between the City and any contractor, such contract, in addition to any other remedy available to the City, may be terminated as follows:

(a) Reports: Hearings. In the event of a substantial failure of performance on the part of the contractor affecting the public health, safety, and welfare, or the willful violation of any of the terms and provisions of such contract or the provisions of this chapter or any resolution adopted pursuant to the provisions of this chapter, and following a report concerning such failure or violations by the City Manager or duly authorized representative, the Council shall hold a public hearing on whether the contract and all the rights and privileges of the contractor thereunder shall be revoked and the bond of the contractor forfeited.

(b) Hearings: Notices. Such public hearing shall be held after at least 10 days' written notice to the contractor setting forth the charges of the City Manager or duly authorized representative and the time and place of the hearing and the reason for the hearing.

(c) Hearings: Decisions. If the Council, after hearing and receiving all evidence and testimony relevant and material on the issue offered at the hearing, finds that there has been a substantial failure of service affecting the public health, safety, and welfare, or a willful violation of such contract or the provisions of this chapter or any resolution adopted pursuant to the provisions of this chapter, the Council may revoke the contract and forfeit the bond or take such other action as the Council shall deem to be warranted by the evidence. The decision of the Council shall be final.

(d) Decisions: Effect. Such action by the Council shall be cumulative and shall not affect any other remedy which the City may have by virtue of any breach of contract by the contractor.

(Ord. 195, § 2; Ord. 254, § 1; Ord. 647, § 2; Ord. 22-927, § 3)

The City, and its duly authorized agents, servants, and employees, or any contractor with whom the City may at any time enter into a contract for the collection of solid waste, recyclable materials, and organic waste, and the agents, servants, and employees of such contractor, while any such contract shall be in force, shall have the exclusive right to gather, collect, and remove solid waste, recyclable materials, and organic waste from all residential and commercial premises covered by such contract. No other person shall take any solid waste, recyclable materials, and organic waste from any container in which the same may be placed for collection or removal, interfere with or disturb any such container, or remove any such container from any location where it was placed by the owner thereof. However, the provisions of this chapter shall not be deemed to prohibit the occupant of any dwelling house from removing any rubbish or waste materials accumulated on the premises occupied by him or her as a dwelling house and disposing of such rubbish and waste materials in a lawful manner, or to prohibit any person from gathering, collecting, or removing from the premises occupied by him or her any waste materials or other objects of debris.

(Ord. 195, § 2; Ord. 254, § 1; Ord. 647, § 2; Ord. 22-927, § 3)

(a) Except as otherwise provided in this article, each owner of residential, commercial, and industrial premises shall utilize the solid waste, recyclable materials, and organic waste collection services of the City or the contractor(s) for the collection of solid waste, recyclable materials, and organic waste from the residential, commercial and industrial premises held or occupied by such owner.

(b) Nothing in this article shall prevent commercial or industrial businesses or owners of residential premises improved with multi-family dwellings that have their own recycling program or resource recovery program for recyclables generated by such business or multi-family dwellings, and not utilizing the City or the contractor(s) for solid waste, recyclable materials, and organic waste, from continuing such recycling program or resource recovery program, and the collection of recyclable materials included in such program are excepted from the requirements of this section.

(Ord. 16-837 § 3; Ord. 22-927, § 3)

Except as otherwise provided in this article, each owner of residential, commercial and industrial premises shall utilize the designated bulky item collection services of the City or the contractor(s) for the collection of bulky items from the residential, commercial and industrial premises held or occupied by such owner.

(Ord. 17-854 § 3; Ord. 22-927, § 3)

(a) Required. No person shall remove or convey any solid waste upon, along, or across any public street, alley, highway, or other public place in the City without first applying for and receiving a permit therefor from the Council.

(b) Applications. Any person desiring to obtain a permit to remove or convey any solid waste upon, along, or across any public street, alley, highway, or other public place in the City shall sign and file an application with the City Manager, which application shall set forth the name and address of the applicant and such other information as may be required by the City Manager.

(c) Consideration by Council. When an application shall be made for the permit required by the provisions of this section, the application shall be referred by the City Manager with his or her recommendation to the Council. The Council shall consider the matter and may grant or reject the permit sought in the discretion of the Council. In the event a contract with the City shall be in force and effect for the disposal of solid waste, recyclable materials, or organic waste, it shall be the duty of the Council to reject such permit to anyone except the holder of the contract.

(d) Term. No permit granted pursuant to the provisions of this section shall be issued for a longer period than one year.

(e) Transferability. No permit granted pursuant to the provisions of this section shall be assigned or transferred without the consent of the Council.

(f) Revocation. In the event any person holding a permit to remove or convey garbage upon, along, or across any public street, alley, highway, or other public place in the City shall violate any of the conditions of such permit or any provision of this chapter or any other law of the City relating to or regulating the collection, removal, or disposal of garbage, or shall remove or convey such garbage in an unlawful, improper, or unsanitary manner, the Council, in addition to any other penalty provided for the violation of the provisions of this chapter, may revoke such permit issued to such person. If the permit shall be revoked, no permit shall thereafter be granted to such person to remove or convey garbage.

(g) Fees. The fee for the permit required by the provisions of this section shall be $300 per year, plus $50 per truck per year.

(h) Insurance. The provisions of Section 6-2.106 of this chapter shall apply to the permittees provided for in this section.

(Ord. 17-854 § 1; Ord. 195, § 2; Ord. 202, § 1; Ord. 254, § 1; Ord. 647, § 2; Ord. 16-837 § 2)

(a) It is the duty of every householder within the City to provide, or cause to be provided, and at all times to keep, or cause to be kept, portable containers for holding solid waste, recyclable materials, and organic waste. Each such container shall be constructed of metal or other material approved by the City Manager or duly authorized representative, shall be watertight, and shall be constructed so as to contain not less than three or more than 32 gallon capacity. Not more than 60 pounds shall be placed in such containers at any time.

(b) Each such container shall be equipped with a bail or handles on both sides thereof, and each such container shall have a suitable close-fitting cover, the design and type of which shall have been approved by the City Manager or duly authorized representative.

(c) All solid waste deposited in such containers shall be thoroughly drained and thoroughly wrapped prior to placement in such containers.

(d) Tree or garden trimmings may be placed in such containers or in other substantial containers. If not placed in such containers, such tree and garden trimmings shall be tied in bundles not exceeding two feet in diameter and four feet in length. Such tree or garden trimmings shall not exceed 50 pounds in weight per bundle.

(e) Papers, newspapers, and magazines may be placed in such containers or in other substantial containers. If not placed in such containers, papers, newspapers, and magazines shall be tied in bundles not to exceed 50 pounds in weight per bundle.

(f) Containers used at residential premises shall be of such size, shape, and weight when filled that they may be readily lifted for emptying into the trucks of the contractor free of all rough or jagged surfaces which shall be likely to cause injuries to persons lifting them.

(Ord. 17-854 § 1; Ord. 195, § 2; Ord. 254, § 1; Ord. 452, § 1; Ord. 647, § 2; Ord. 16-837 § 2; Ord. 22-927, § 3)

Every proprietor of commercial premises shall comply with such regulations concerning the types of containers, the quantity and nature of solid waste, and other matters concerning the responsibilities of the owner or occupants of commercial premises as may be provided by rules or regulations promulgated by the City Manager.

(Ord. 17-854 § 1; Ord. 195, § 2; Ord. 254, § 1; Ord. 647, § 2; Ord. 16-837 § 2; Ord. 22-927, § [tx]3)

Each container for holding solid waste, recyclable materials, and organic waste shall be kept on the premises of the person providing the container; provided, however, on the day designated for collection and before the time collection begins in the district in which such premises are located, such containers shall be placed for collection as follows:

(a) On any premises adjacent to a dedicated paved alley in a block with access to such alley at each end of the block, such containers shall be placed on or within two feet of the rear property line of such premises and shall be readily accessible for collection from the alley. Each such premises shall be identified by the street address of such premises, which address shall be painted and maintained legibly in numbers not less than two inches in height placed on each container or on a fence or other structure at the rear of such premises and abutting on such alley. It is the responsibility of the owner or occupant of such premises to comply with the requirements of this subsection. Should he or she fail to do so, the City may paint such numbers and charge the cost thereof to such owner or occupant.

(b) Where such premises are not adjacent to an alley which is paved and dedicated, with access to such alley from each end of the block, each such container shall be placed on the curb in front of the premises occupied by the person placing the container or on the curb at the side of the premises where such premises are adjacent to more than one street.

(c) No person shall place, or cause, or allow to be placed a container for solid waste, recyclable materials, and/or organic waste for collection on a street, curb, or alley before 6:00 p.m. on the day immediately prior to the day designated for such collection; nor shall any person permit such container or containers to remain thereat after 8:00 p.m. on the designated day of collection. Notwithstanding Section 6-2.121 of this chapter, every violation of this subsection (c) shall be punishable, at the sole discretion of the City, as a misdemeanor or infraction pursuant to Chapter 1-2 of this Code, or by civil and/or administrative fines pursuant to Chapter 1-7 of this Code. Each such person violating is guilty of a separate offense for each and every day during any portion of which such violation is committed.

(d) It is unlawful for any person to place any solid waste, recyclable materials, and organic waste accumulating on any premises within the City in a container for solid waste, recyclable materials, and organic waste accumulated in, upon, or from any other premises within the City; nor shall any person place any such container for the collection of solid waste, recyclable materials, and organic waste in, upon, in front of, or in the rear of any premises other than that at which the solid waste, recyclable materials, or organic waste was generated.

(Ord. 17-854 § 1; Ord. 195, § 2; Ord. 254, § 1; Ord. 647, § 2; Ord. 16-837 § 2; Ord. 22-927, § 3; Ord. 24-964, 12/16/2024)

It is unlawful for any person to operate, or cause or permit to be operated, within the City a truck used, or intended to be used, for the collection, hauling, or disposing of solid waste unless the operator and each such truck complies with all of the following requirements:

(a) Age: Construction. Such truck shall not be more than five years old, shall be constructed of metal, and shall contain a water-tight compartment or space for garbage or rubbish. In the event any such operator shall show upon an affidavit to the satisfaction of the Council that this requirement, or any portion thereof, will result in extreme hardship to such operator by reason of unusual circumstances peculiar to the specific use for which any of his or her trucks is intended, and the Council finds that extreme hardship would so result, the Council, in its discretion, may waive this requirement, or any portion thereof. The decision of the Council shall be final and conclusive.

(b) Covers. The body of each truck shall have a metal cover over at least 50% of the area at all times. Over the remaining 50% there shall be carried an airtight waterproof tarpaulin which shall be tied down securely to cover refuse when the vehicle is being used to transport its contents to the place of disposal. In the event any such operator shall show upon an affidavit to the satisfaction of the Council that this requirement, or any portion thereof, will result in extreme hardship to such operator by reason of unusual circumstances peculiar to the specific use for which any of his or her trucks is intended, and the Council finds that extreme hardship would so result, the Council, in its discretion, may waive this requirement, or any portion thereof. The decision of the Council shall be final and conclusive.

(c) Mechanical Conditions: Sanitation. Such trucks shall be maintained at all times in good mechanical condition and shall be maintained clean and well painted to the satisfaction of the City Manager or duly authorized representative.

(d) Identification. Such trucks shall contain, in neat and legible three inch painted letters, the name of the owner or operator of the truck and the true business telephone number of such person.

(e) Cleaning. All trucks shall be cleaned thoroughly by flushing with water at least once after each day's use and shall be disinfected by the use of live steam or an approved disinfectant at least once each week.

(f) Storage. If required by the City Manager or duly authorized representative, all vehicles and equipment used in the collection of rubbish and garbage in the City, if kept within the boundaries of the City, shall be housed in clean sanitary buildings at all times when not in use in the collection of garbage and refuse. Under no condition shall such trucks be stored on public streets.

(g) Quiet Operation. Such trucks shall be operated so as to offer the least possible obstruction to the public peace and quiet. The collection of rubbish or garbage shall not be made between the hours of 6:00 p.m. and 6:00 a.m.

(Ord. 17-854 § 1; Ord. 195, § 2; Ord. 254, § 1; Ord. 647, § 2; Ord. 16-837 § 2; Ord. 22-927, § 3)

The hours of collection and schedules of collection of solid waste, recyclable materials, and organic waste shall be those which the Council may determine and establish from time to time by resolution.

(Ord. 17-854 § 1; Ord. 195, § 2; Ord. 254, § 1; Ord. 647, § 2; Ord. 22-927, § 3)

(a) Establishment. There are hereby imposed by the City charges for the collection, removal, recycling, and disposal of solid waste materials within the City. The amount of the charge shall be the amount which the Council from time to time may determine, fix, and establish.

(b) Bills. Every owner or occupant of property in the City, except as otherwise provided in any contract between the City and an exclusive contractor, shall be billed periodically in advance, either monthly, quarterly, or yearly, by the City for the charges incurred for the collection of solid waste, provided such charges may be collected for each fiscal year on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City.

(c) Delinquencies: Penalties. Should any such owner, occupant, or proprietor fail, refuse, or neglect to pay any such bill within 30 days after the date the bill is rendered, a basic penalty in a sum equal to 10% of the amount due for the first month delinquent. In addition to the late charge, the City will charge a penalty of one-half of one (0.5%) percent per month on all obligations older than 30 days from the past due date. This is in accordance with Health and Safety Code Section 5473.10. Any costs incurred by the City shall be added to the amount owing, and all such sums may be recovered.

(d) Delinquencies: Tax Roll Assessment. Any solid waste charges which remain unpaid for a period of 60 days or more after the date upon which they were billed may be collected thereafter by the City pursuant to Health and Safety Code Section 5473 et seq., and further as follows:

(1) The City Council shall cause a report of delinquent solid waste charges to be prepared and filed with the City Clerk. The City Council shall fix a time, date, and place for hearing the report and any objections or protests thereto;

(2) The City Clerk shall cause notice of the filing of the report and the time and place of the hearing to be published in accordance with Government Code Section 6066;

(3) At the hearing the City Council shall hear any objections or protests of property owners liable to be assessed for delinquent fees. If protest is not made by a majority of the affected parcels, the City Council may adopt the report. The City Council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed; and

(4) The delinquent fees set forth in the report as adopted shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent fees plus late charges and cost of lien. The City Clerk shall file a certified copy of the confirmed report, with a statement endorsed on the report over his or her signature that the report has been finally adopted by the City Council, with the Los Angeles County Auditor-Controller for the amount of the respective assessments against the respective parcels of land as they appear on the current assessment role. The lien created attaches as of noon on the first Monday in March immediately preceding the date of levy. The assessment may be collected at the same time and in the same manner as ordinary City ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of City ad valorem property taxes shall be applicable to such assessment.

(Ord. 17-854 § 1; Ord. 195, § 2; Ord. 254, § 1; Ord. 284, § 1; Ord. 437, § 1; Ord. 504-U, § 1; Ord. 504, § 1; Ord. 551-U, § 1; Ord. 647, § 2; Ord. 16-837 § 2; Ord. 22-927, § 3)

(a) Except as otherwise provided in this chapter, it is unlawful for any person, other than the contractor or the City, to gather, collect, or remove any solid waste, recyclable materials, or organic waste from any premises, except industrial premises, within the City.

(b) Except as otherwise provided in this section, it is unlawful for any person not having a valid unrevoked permit from the City to do so to remove, or cause or permit to be removed, any solid waste, recyclable materials, and organic waste from any industrial premises or from any street, alley, way, or other place in the City or to transport any such materials removed from the premises within the City in, upon, or across any street, alley, way, or place in the City.

(c) It is unlawful for the owner, occupant, or proprietor of property in the City to contract for or to use the services of a person collecting solid waste, recyclable materials, and organic waste, unless such person is duly licensed by the City to do so.

(d) The provisions of this section shall not prohibit the lawful accumulation and placement of solid waste, recyclable materials, and organic waste.

(e) The provisions of this section shall not prohibit any officer or employee of the City, or any employee of a building contractor engaged in the cleanup of the site of construction performed by such contractor, or any employee of any governmental subdivision of the State from collecting, removing, and disposing of such solid waste, recyclable materials, and organic waste in the regular course of his or her respective duties as such officer or employee.

(f) The provisions of this section shall not prohibit householders or proprietors from self-hauling solid waste generated at their premises in accordance with Section 6-2.128.

(g) The provisions of this section shall not prohibit the hauling or disposal of grass cuttings, prunings, manure, or other organic waste to or at a legal point of disposal as part of gardening or horticulture.

(Ord. 17-854 § 1; Ord. 195, § 2; Ord. 254, § 1; Ord. 647, § 2; Ord. 16-837 § 2; Ord. 22-927, § 3)

Until further ordered by the Council, the Coordinator of Community Safety is hereby designated and appointed as the official of the City in charge of the immediate administration of the provisions of this chapter. If no person is so designated, the City Manager shall be deemed to be the Coordinator of Community Safety.

(Ord. 17-854 § 1; Ord. 195, § 2; Ord. 254, § 1; Ord. 647, § 2; Ord. 16-837 § 2; Ord. 22-927, § 3)

For all cases and circumstances not otherwise provided for in this chapter, the City Manager or duly authorized representative is hereby empowered and authorized to promulgate and issue such orders, rules, and regulations, as, in his or her opinion considering all of the facts and circumstances of any case arising under the provisions of this chapter, may be necessary, convenient, or desirable for the safe, proper, and essential functioning of the collection and disposal services provided for in this chapter, whether such services are performed by contract or otherwise, and as may be in the best interests of the City. All such rules, regulations, and orders, when so made, shall be obeyed, and all such rates so prescribed shall be paid.

(Ord. 17-854 § 1; Ord. 195, § 2; Ord. 254, § 1; Ord. 647, § 2; Ord. 16-837, § 2; Ord. 22-927, § 3)

Every person violating Sections 6-2.103 through 6-2.120, inclusive, of this article, or of any permit granted hereunder, is guilty of a misdemeanor. Upon conviction thereof such violation shall be punishable by a fine not to exceed $500 or imprisonment in the County Jail for not to exceed six months, or by both such fine and imprisonment. Each such person violating is guilty of a separate offense for each and every day during any portion of which such violation is committed.

(Ord. 17-854 § 1; Ord. 195, § 2; Ord. 267, § 1; Ord. 647, § 2; Ord. 16-837, § 2; Ord. 22-927, § 3)

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

(a) Subscribe to the City's organic waste collection services for all organic waste generated as described below in Subsection (b). The City shall have the right to review the number, size, and location 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 their service level for their collection services as requested by the City.

(b) Participate in the City's three container collection system by placing designated materials in designated containers and shall not place prohibited container contaminants in collection containers. 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. Generator participation in the collection programs requires that generators place only approved materials in the appropriate colored containers. Generators shall not place materials designated for the gray container into the green container or blue container.

(c) Notwithstanding the above, and in accordance with the SB 1383 Regulations, the City is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this chapter and the regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on the containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until SB 1383 compliant colored containers are provided (blue container, green container, and gray container), single-family waste generators shall comply with the container label requirements.

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

(Ord. 22-927, § 3)

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

(a) Subscribe to the City's three container organic waste collection services and comply with the requirements of those services as described below in Subsection (b) except commercial businesses that meet all applicable self-hauler requirements in this chapter and this Code. The City shall have the right to review the number, size, and location 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 business shall adjust its service level for its collection services as requested by the City.

(b) Except commercial businesses that meet all applicable self-hauler requirements in this article and the Code, participate in and comply with the City's three container (blue container, green container, and gray container) collection service by placing designated materials in designated containers. Generators 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 place only approved materials in the appropriate colored containers. Generators shall not place materials designated for the gray container into the green container or blue container.

(1) When arranging for gardening or landscaping services, the contract or work agreement between a commercial business subject to this section and a gardening or landscaping service shall require that the organic waste generated by those services be managed in compliance with this section.

(c) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with Subsections (d)(1) and (d)(2) below), for employees, contractors, tenants and customers, consistent with the City's blue container, green container, and gray container collection service, or, if self-hauling, per the commercial business's instructions to support its compliance with its self-haul program.

(d) Excluding multi-family residential dwellings, provide clearly visible and easily accessible 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 Section 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 subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first; or

(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 14 CCR Section 18984.8, the container labels 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 pursuant to 14 CCR Section 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 container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program.

(g) Excluding multi-family residential dwellings, periodically inspect blue container, green container, and gray 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 Section 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 container waste (when applicable) 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 this article to confirm compliance with the requirements of this article.

(k) If implemented, accommodate and cooperate with the City's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator's compliance with this article. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.

(l) If the commercial business wants to self-haul, meet all requirements of this chapter.

(m) Notwithstanding the above, and in accordance with the SB 1383 Regulations, the City is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this chapter and the Regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on the containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until SB 1383 compliant colored containers are provided (blue container, green container, and gray container), commercial businesses shall comply with the container label requirements.

(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 Section 18984.9(c).

(o) Commercial businesses that are Tier One or Tier Two commercial edible food generators shall comply with food recovery requirements of this chapter.

(p) For a park that is subject to this subsection, this subsection shall apply on and after January 1, 2022.

(q) The City may charge and collect a fee from any commercial business that fails to comply with this section in order to recover the costs incurred in enforcing compliance this section.

(r) In the event State and/or Federal law or regulations are implemented which are more stringent or comprehensive than the requirements of this article related to recycling or organic waste disposal and/or diversion, all residents and/or businesses, as applicable, shall be responsible for complying with those requirements.

(Ord. 22-927, § 3)

(a) De Minimis Waivers. The City may, at its discretion, waive a commercial business' obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this article if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in Subsection (a)(2) below. Commercial businesses requesting a de minimis waiver shall:

(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Subsection (a)(2) below;

(2) Provides documentation that either:

(i) The commercial business'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's total waste, or

(ii) The commercial business'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's total waste; and

(3) Notifies the City if circumstances change such that commercial business's organic waste exceeds the threshold required for waiver, in which case waiver will be rescinded; and

(4) Provides written verification of eligibility for de minimis waiver every five years, if the City has approved de minimis waiver.

(b) Physical Space Waivers. The City may, at its discretion, waive a commercial business's 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 lack adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter.

A commercial business or property owner 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 compliance waiver.

(2) Provide documentation that the premises lack adequate space for blue containers and/or green containers, including documentation from its hauler, licensed architect, or licensed engineer.

(3) 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) Collection Frequency Waiver. The City, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City's three container organic waste collection service to arrange for the collection of their blue container, gray container, or both once every 14 days, rather than once per week.

(Ord. 22-927, § 3)

(a) Tier One commercial edible food generators must comply with the requirements of this Section 6-2.125 commencing January 1, 2022, and Tier Two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 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 City's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

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

(i) 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 established under 14 CCR Section 18991.3(b).

(ii) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

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

(A) The name, address and contact information of the food recovery service or food recovery organization.

(B) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

(C) The established frequency that food will be 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.

(d) Nothing in this article 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, as amended from time to time.

(Ord. 22-927, § 3)

(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 Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1).

(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 Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

(c) Commencing January 1, 2022, 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 Section 18991.3(b) shall report to the City 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 Section 18991.3(b), as applicable.

(d) Food Recovery Capacity Planning.

(1) Food Recovery Services and Food Recovery Organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the City 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.

(2) Commencing no later than January 1, 2022, food recovery services and organization shall provide a quarterly report to the City which includes the information required in 14 CCR Section 18991.5, "Food Recovery Services and Organizations."

(Ord. 22-927, § 3)

(a) Requirements for Haulers.

(1) Franchised haulers shall provide 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:

(i) Through written notice to the City annually on or before January 1, 2022, identify the facilities to which they will transport organic waste including the facilities for source separated recyclable materials and source separated green container organic waste, as applicable.

(ii) 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.

(iii) 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 and the City's Municipal Code.

(2) The authorized hauler shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, as may be amended from time to time.

(3) Notwithstanding any the foregoing, nothing in this chapter shall restrict or otherwise prohibit the authorized self-hauler from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time.

(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 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 City 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. 22-927, § 3)

In addition to any other requirements for self-haulers as contained in this Code:

(a) Authorized 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 Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

(b) Self-haulers shall haul their source separated recyclable materials to a facility that recovers those 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.

(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 Subsection (c) to the City or its authorized designee or other representative, if requested.

(e) A residential organic waste generator that self-hauls organic waste is not required to record or report information in Subsections (c) and (d).

(Ord. 22-927, § 3)

(a) City departments, and direct service providers to the City, as applicable, must comply with the City's recovered organic waste product procurement policy effective on January 1, 2022 and recycledcontent paper procurement policy effective on January 1, 2022.

(b) All vendors providing paper products and printing and writing papers shall:

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

(2) Provide paper products and printing and writing papers that meet Federal Trade Commission recyclability standard as defined in 16 CFR section 260.12.

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

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

(5) Provide records to the City's recovered organic waste product procurement recordkeeping designee, in accordance with the City's recycled-content paper procurement policy of all paper products and printing and writing papers purchases within 30 days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required by this chapter for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper was not provided.

(Ord. 22-927, § 3)

(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 City to enter the interior of a private residential property for inspection.

(b) All regulated entities 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 article described herein. Failure to provide or arrange for: (1) access to an entity's premises; or (2) 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 a City during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

(d) City representatives, its designated entity, and/or designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this article, subject to applicable laws.

(e) The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

(Ord. 22-927, § 3)

(a) Violation of Section 6-2.122 et seq., of this article 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 article are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce Section 6-2.122 et seq., of this article and any rule or regulation adopted pursuant to this article, except as otherwise indicated in this article.

(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.

(1) Enforcement pursuant to this article may be undertaken by the City enforcement official, which may be the City Manager or designated entity, legal counsel, or combination thereof.

(2) Enforcement may also be undertaken by an enforcement official, designated by the City, in consultation with City enforcement official.

(i) The City enforcement official(s) will interpret this article; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.

(ii) The City enforcement official(s) may issue notices of violation(s).

(d) Process for Enforcement.

(1) City enforcement officials and/or designee will monitor compliance with this article randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program, which may include remote monitoring. Section 6-2.131 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 article.

(3) For incidences of prohibited container contaminants found in containers, the City's designee will issue a courtesy pick-up notice to any generator found to have prohibited container contaminants in a container. Such notice will be provided upon identification of the prohibited container contaminants after determining that a violation has occurred. If the City's designee observes prohibited container contaminants in a generator's containers, the City may assess contamination processing fees or contamination penalties on the generator no more than two months after the City's designee issues the courtesy pick-up notice.

(4) With the exception of incidences of prohibited container contaminants found in containers, the City shall issue a notice of violation requiring compliance within 60 days of issuance of the notice for each violation of Section 6-2.122 et seq.

(5) Absent compliance by the respondent within the deadline set forth in the notice of violation, City shall commence an action to impose penalties, via an administrative citation and fine.

(6) 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. Any person, firm, or corporation violating any of the provisions of Section 6-2.122 et seq., shall be deemed guilty of an infraction punishable as set forth in Section 1-2.01 of Chapter 2 of Title 1 of this Code and/or Chapter 7 of Title 1 of this Code.

(f) Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, City enforcement officials and/or designee will conduct inspections, 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, 2024.

(g) Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City determines that an organic waste generator, self-hauler, hauler, Tier One commercial edible food generator, 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 non-compliance or violation, issue a notice of violation, and take enforcement action pursuant to Section 6-2.132, as needed.

(Ord. 22-927, § 3)