Atwater Municipal Code Ch. 8.16 Solid Waste, Recyclables, and Organic Waste Collection

Footnotes:

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Editor's note— Ord. CS 1047, § 1(Exh. A), adopted March 28, 2022, amended Ch. 8.16 in its entirety to read as herein set out. Former Ch. 8.16, §§ 8.16.010—8.16.290, pertained to garbage and refuse collection, and derived from prior Code §§ 5-4.101—5-4.104, 5-4.201—5-4.210, 5-4.301(A), 5-4.304—5-4.309, 5-4.401, 5-4.402; Ord. CS 636, adopted 1988; Ord. CS 818, adopted Nov. 25, 2002.

In order to provide for the control of accumulation, Collection, and disposal of Solid Waste, Recyclable Materials, and Organic Waste within the City, the City does hereby provide for the Collection of such waste upon the schedules, terms, and conditions set forth in this chapter. The City has determined that in order to promote the public health, safety, and welfare, the Collection and disposal of such waste shall be conducted exclusively by the City and/or its duly designated representatives. Removal of Solid Waste, Recyclable Materials, or Organic Waste by Persons other than those designated by the City or otherwise exempted is prohibited.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

As used in this chapter:

A. "Act" means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.), as it may be amended from time to time.

B. "Bin" means a metal container having a capacity of one, three, four, five, six, or eight cubic yards which has been manufactured in such a way that it can be mechanically lifted and unloaded by metal prongs of a standard front-end loading packer refuse truck.

C. "Black container" has the same meaning as in 14 CCR § 18982.2(a)(28) and shall be used for the purpose of storage and collection of black container waste.

D. "Black container waste" means all solid waste that is collected in a black container that is part of a two- or three-container solid waste collection service and is not suitable for placement in a green container or, for a commercial business, a blue container.

E. "Blue container" has the same meaning as in 14 CCR § 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials by commercial generators.

F. "California Code of Regulations" or "CCR" means the California Code of Regulations.

G. "CalRecycle" means the California Department of Resources Recycling and Recovery.

H. "Cart" means a two-wheeled container with a lid used to hold solid waste, recyclables, or organic waste that is provided by the City's collector and designed to be automatically emptied by the operator of a waste collection vehicle.

I. "City" means the City of Atwater, California.

J. "City Council" means the City Council of Atwater, California.

K. "Collection" means the act of collecting solid waste, including recyclable materials and organic waste, at or near the place of generation by a collector who has made arrangements with the generator for the collection of the solid waste, recyclable materials, and organic waste.

L. "Collector" means a person, persons, local agency, firm, corporation, or other entity contracted, franchised, authorized, permitted, or licensed by the City to make arrangements with generators for the collection of solid waste, recyclable material, and organic waste within the City.

M. "Commercial" or "commercial business" means a business, industrial, or commercial establishment, or construction site, and any multi-family residential dwelling with five units or more on one account.

N. "Commercial bins" means bins provided by a collector, designed for the deposit of solid waste, including recyclable materials and organic waste, charged at commercial rates.

O. "Commercial premises" means all premises in the City, other than residential premises, where solid waste, including recyclable materials and organic waste, is generated or accumulated. The term "commercial premises" includes, but is not limited to, stores; restaurants; rooming houses; hotels; motels; office buildings; department stores; manufacturing, processing or assembling shops or plants; hospitals; clinics; and nursing homes.

P. "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 § 17855(a)(4); or, as otherwise defined by 14 CCR § 18982(a)(8).

Q. "Compliance review" means a review of records by the City to determine compliance with this chapter.

R. "Container" means any bin, cart, vessel, can, or receptacle used for collecting solid waste, recyclable materials, and organic waste, for removal by an authorized collector.

S. "Container contamination" or "contaminated container" means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR § 18982(a)(55).

T. "County" means Merced County.

U. "Designated recycling collection location" means the place designated by the collector for the collection of recyclables. This location may be, but the City does not require that it be, at the curbside of a residential neighborhood or the service alley of a commercial enterprise.

V. "Designated source separated organic waste facility" means a solid waste facility that accepts a source separated organic waste collection stream, or as otherwise defined in 14 CCR § 18982(a)(14.5).

W. "Dwelling" means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except "dwelling" does not include hospitals, hotels, motels, nursing homes, or convalescent centers.

X. "Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a)(18). Edible food is not solid waste if it is recovered and not discarded.

Y. "Enforcement action" means an action of the City to address non-compliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

Z. "Enforcement Officer" means the City Manager, County Administrative Official, Chief Operating Officer, Executive Director, Public Works Director, or other executive in charge or their authorized designees who is/are partially or wholly responsible for enforcing this chapter.

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

BB. "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 § 18982(a)(25), including, but not limited to:

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

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

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

CC. "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 § 18982(a)(26).

DD. "Food waste" means food scraps separated from solid waste and offered for collection by Collector, that will decompose and/or putrefy including (i) all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs; and (ii) paper waste contaminated with food waste.

EE. "Generator" means any person or other entity who is responsible for the initial creation of solid waste.

FF. "Green container" has the same meaning as in 14 CCR § 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green waste and, after a designated source separated organic waste facility is constructed by the County and is operational, shall be used for the purpose of storage and collection of source separated green container organic waste generally.

GG. "Green waste" means any organic waste generated from any landscape, including but not limited to, grass clippings, leaves, prunings, tree trimmings, pine needles, weeds, branches, and brush collected pursuant to this chapter.

HH. "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 § 18982(a)(30).

II. "Hazardous waste" means any waste, substance, or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9601 et seq., the California Health and Safety Code and all future amendments, or as defined by the California Integrated Waste Management Board, or its successor, and any consumer product with the characteristics of a hazardous substance. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous waste" shall be construed to have the broader, more encompassing definition.

JJ. "Inspection" means a site visit where the City reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR § 18982(a)(35).

KK. "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.

LL. "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. 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. 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.

MM. "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 § 18982(a)(40).

NN. "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.

OO. "Notice of violation" or "NOV" 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 § 18982(a)(45) or further explained in 14 CCR § 18995.4.

PP. "Organics," "organic waste," and "organic material" means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food waste, green waste, non-hazardous wood waste, and unwaxed, food-soiled paper.

QQ. "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 § 18982(a)(48).

RR. "Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR § 18982(a)(51).

SS. "Patron" means a generator that uses the services of collection and disposal of solid waste, recyclable materials, and/or organic waste by the City or its collector.

TT. "Person" or "persons" means an individual, group of individuals, and/or any legal entity recognized by the laws of the State.

UU. "Place" or "premises" means every dwelling house; dwelling unit; apartment house or multiple dwelling building; trailer or mobile home park; store; restaurant; rooming house; hotel; motel; office building; department store; manufacturing, processing, or assembling shop or plant; and every place or premises where any person resides, or any business is carried on or conducted within the City or any other site upon which solid waste is produced or accumulates.

VV. "Printing and writing papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR § 18982(a)(54).

WW. "Prohibited container contaminants" means the following: (i) discarded materials placed in a blue container that are not identified as acceptable source separated recyclable materials for the City's blue container; (ii) discarded materials placed in a green container that are not identified as acceptable source separated green waste for the City's green container; (iii) after the construction and operation of a designated source separated organic waste facility, discarded materials placed in a green container that are not identified as acceptable source separated organic materials for the City's green container; (iv) discarded materials placed in the black container by a commercial business that are acceptable source separated recyclable materials for the City's blue container; (v) discarded materials placed in the black container that are acceptable source separated green waste for the City's green container; (vi) after the construction and operation of a designated source separated organic waste facility, discarded materials placed in the black container that are acceptable source separated organic materials for the City's green container; and (vii) non-solid waste items placed in any container.

XX. "Recovered organic waste products" 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 § 18982(a)(60).

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

ZZ. "Recyclable materials" or "recyclables" means material such as, but not limited to, paper, cardboard, glass, metal and aluminum cans, and plastics, which is separated from other waste or refuse for the purpose of recycling.

AAA. "Residential" means any residential dwelling or apartment house.

BBB. "Residential patron, single" means a patron requiring solid waste service for a single-family residential property, including also churches and fraternal organizations.

CCC. "Residential patron, multiple" means a patron requiring solid waste service for two or more adjacent family residences under common or joint ownership.

DDD. "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 § 18982(a)(65).

EEE. "SB 1383" means Senate Bill 1383 (Chapter 395, Statutes of 2016).

FFF. "SB 1383 Regulations" means 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.

GGG. "Self-hauler" means a generator, who hauls his or her own solid waste, organic waste, or recyclable materials to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR § 18982(a)(66). Back-hauling is the process of generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR § 18982(a)(66)(A).

HHH. "Single-family" means of, from, or pertaining to any residential premises with fewer than five units.

III. "Solid waste" means putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge that is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include radioactive waste, medical waste, or other hazardous waste.

JJJ. "Solid waste management facility" means a facility where solid waste is sorted, processed, treated, or transferred.

KKK. "Source separated" or "source separation" means the process of removing recyclable materials, green waste, or organic waste from other solid waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for recyclable materials, green waste, or organic waste, respectively.

LLL. "Source separated blue container waste" means source separated recyclable materials that can be placed in a commercial blue container that is limited to the collection of those recyclable materials.

MMM. "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 waste, carpets, non-compostable paper, and textiles.

NNN. "State" means the State of California.

OOO. "Supermarket" means a full-line, self-service retail store with gross annual sales of $2,000,000.00, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR § 18982(a)(71).

PPP. "Tier one commercial edible food generator" means a commercial edible food generator that is one or more 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.

QQQ. "Tier two commercial edible food generator" means a commercial edible food generator that is one or more 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.

7. A local education agency facility with an on-site food facility.

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

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

The City reserves the right to make, on behalf of the City, an exclusive solid waste, recyclables, and organic waste collection contract with any person or firm.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

It is unlawful for any person or persons to deposit or cause to be deposited in any street, alley, gutter, drainage ditch, storm water inlet, or catch basin within the City any solid waste, recyclable materials, or organic waste.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

It is unlawful for any person or persons to deposit any solid waste, recyclable materials, or organic waste in or on any vacant lot or parcel of land within the City.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

All bins shall have permanently attached, hinged covers that open by gravity when the bin is inverted for unloading and close by gravity in the process of returning the bin to the ground after unloading. All bins shall have wheels and be kept clean and in good working condition. Any bin that does not meet these standards, as determined by the City Manager or his or her designee, shall be replaced by rental bins to be provided by collector.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

All containers which do not specifically meet the requirements of this chapter shall be unacceptable for presentation of solid waste, recyclable materials, green waste, and/or organic waste for collection.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

A. Bins. All bins shall be located upon the patron's property at a place where the refuse packer can approach the bin, unload it, and return it to its location without the driver leaving the vehicle. Each separate location of bins shall be approved by the City Manager or designee.

B. Carts.

1. Backyard Pickup. Backyard pickup availability shall be limited to households that contain at least one person 65 years of age or older, or one handicapped individual. Backyard pickup must be requested, and the determination of eligibility shall made by the City Manager or designee. Patrons who have been approved for backyard pickup shall locate all carts together within an area which is outside of all structures and accessible through no more than one unlocked, adequately hinged and latched gate. This location shall be within 15 feet of that gate. Patrons shall not permit or cause pets to have access to the cart location during regular collection periods. Cart locations shall be free of all obstacles that may interfere with free ingress and egress or that may impair removal of carts.

2. Curb Pickup. Patrons shall present their carts for collection on the regular pickup day established by the City Manager or designee at the curb with the proper interval and orientation for automated collection. The carts must be presented for collection before 6:00 a.m. and returned to their normal location, off of the public right-of-way, by 10:00 p.m. by the patron on the regular collection day.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

All material presented for collection by a generator shall be source separated into its proper container. Container contamination by any person or entity is strictly prohibited.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

A. The City Manager or designee is authorized to designate at his or her discretion the weekly number of collection pickups required for each service account.

B. The City Manager or designee is authorized to designate the day for the collection of solid waste, recyclable materials, and organic waste in certain areas of the City.

C. Notice of scheduled collection days, and notice of any change in collection days, shall be published in the official newspaper of the City. The effective date of any such change shall be no earlier than one week following such publication.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

Solid waste, recyclables, and organic waste collection services shall be provided each residential patron, a minimum of once per week on a day approved by the City Manager or designee. Any requests for service on any day other than the approved day, or for additional pickups on a regularly scheduled day, shall be charged for special service.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

Solid waste, recyclables, and organic waste collection shall be provided as requested by the patron to assure adequate collection and disposal of solid waste, recyclable materials, and organic waste generated by the patron, with a minimum service of once per week. If bins are not used, the day of pickup shall be approved by the City Manager or his or her designee to coincide with collection routes for adjacent properties. If bins are used with once-a-week pickup requested by the patron, the day of pickup shall be approved by the City Manager or designee. If pickups are requested more often than once per week, the days of collection may be chosen by the patron from regular week work days.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

Residential patrons may select a common collection point for approved containers serving two or more adjacent dwellings. Commercial, industrial, or institutional patrons in the same vicinity may agree among themselves and jointly use a common collection point.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

A. Solid waste, recyclables, and organic waste collection services shall be provided to patrons within the City limits only upon written request therefore at City Hall. Once service is started, changes in that service may be required by the City Manager or designee in order to properly collect all refuse produced by the patron or by the patron wherever a change is desired. Changes requested by the patron may be requested only at six-month intervals, such a change to be effective commencing on the next July 1st or January 1st. Each patron, by requesting service or a change in service, thereby consents to be bound by the regulations prescribed or authorized by this chapter and all subsequent amendments and authorized supplementary regulations.

B. Use of bins may be requested only by a patron who will be billed in the name of the owner of the property where the bins will be located.

C. All multi-family residential patrons requesting service shall apply in the name of the owner of the property where the containers will be located unless a separate water turn off valve is provided by the owner for each dwelling unit, in which case the patron of each dwelling unit may apply.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

A. Refuse—Single Residential Patron. The regular volume shall be one 96-gallon cart. A smaller 64-gallon cart may be substituted at the patron's request. Additional carts may be requested, at additional cost.

B. Refuse—Multi-Family Residential Patron. Whenever bins are requested, a minimum of one cubic yard per week for each two dwelling units shall be provided, at the discretion of the City Manager or designee.

C. Refuse—Commercial, Industrial, or Institutional Patron. Whenever bins are requested, refuse collection service shall be provided for the bin size and frequency of pickup requested up to five times per week on regular work days.

D. Greenwaste B Residential. When required by City Council Resolution, the required volume for residential patrons shall be one 96-gallon cart for each single-family residence.

E. Recycling B Residential. When required by City Council Resolution, the required volume for residential patrons shall be one 64-gallon cart for each single-family residence.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

Patrons desiring solid waste, recyclables, and organic waste collection on days other than the normally scheduled pickup days shall notify the City Manager or his or her designee at least 24 hours in advance of the desired date and such pickup shall be accomplished within a reasonable limit of the desired date. There will an additional charge for this service.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

Whenever any horse, cow, dog, cat, or any other animal dies within this City, the owner or person in whose possession the same may be at the time of its death shall within four hours of its death either dispose of its carcass in such a manner that the same shall not become a nuisance, or upon its death notify the Community Service Officer to remove the same. Cost of removal by the City shall be paid by the owner of the animal or the person in whose possession the animal was at the time of its death.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

Uncontained green waste (including but not limited to yard and garden trimmings) on or around a property or premises shall be the responsibility of the property owner and/or occupant. In the event the property owner or occupant does not timely remove and dispose of the green waste, the City shall remove the uncontained items and bill the property owner on whose property the uncontained items are located. In the event the items are located on or near a mutual property line, the cost of removal shall be billed equally between the two property owners.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

Sod, concrete, earth, tree trunks, and other items too large or heavy to be handled in the regular course of collection shall be removed on special request to the City Manager or his or her designee. A special pickup charge therefore shall be collected.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

A. Explosives, combustibles, insecticides, or other poisonous materials, fuels, chemicals, or any other objects or materials which might be hazardous to the safety of those handling or coming in contact with the refuse in which it is contained shall not be deposited in containers for regular collection.

B. Such materials or objects shall be disposed of at household hazardous waste collection events scheduled by the County.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

In the event a residence is vacated and not occupied for a continuous specified period in excess of one month, temporary discontinuation may be permitted in the discretion of the City at the request of the patron. The water service to the residence must also be discontinued during the same period. Where a separate water turnoff for a vacated dwelling unit of a multiple dwelling complex does not exist, temporary discontinuation of service and billing will not be allowed.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

Discontinuation of bin service will not be allowed unless in the event of the serviced commercial businesses' permanent closure or all serviced residences are vacated.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

The City Council shall determine fees or rates to be collected for the various types of service. These fees or rates shall be adopted by resolution. Refunds and reduction in charges shall also be determined by resolution of the City Council.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

City solid waste, recyclables, and organic waste collection patrons will be billed at such intervals as may be determined by the City Manager or his or her designee. City solid waste, recyclables, and organic waste collection bills will be due and payable upon presentation. If monthly meter bills are not paid by the 25th of the first month of the billing period, the service shall be subject to discontinuance after notice to user.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

Scavenging, or taking any part, or all, of the contents of containers that are placed out for collection, by any person other than the generator or collector, shall not be permitted.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

A. Prior to the construction and operation by County of a designated source separated organic waste facility, single-family generators shall comply with the following requirements:

1. Subscribe to the City's three-container residential collection services. The City shall have the right to review the number and size of a Generator's Containers to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials; and single-family generators shall adjust their service level for their Collection services as requested by the City. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste through backyard residential composting, and/or using a community composting site.

2. Participate in the City's three-container residential collection services by placing source separated green waste into the green container, source separated recyclable materials in the blue container, and all other solid waste into the gray/black container.

B. Only after a designated source separated organic waste facility has been constructed by County and is operational, shall single-family generators comply with the following requirements:

1. Subscribe to the City's three-container residential collection services. The City shall have the right to review the number and size of a Generator's Containers to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials; and single-family generators shall adjust their service level for their Collection services as requested by the City. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste through backyard residential composting, and/or using a community composting site.

2. Participate in the City's three-container residential collection services by placing source separated organic waste, including but not limited to green waste, into the green container, source separated recyclable materials in the blue container, and all other solid waste into the gray/black container.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022; Ord. CS 1063, § 1, 6-22-2023)

A. Prior to the construction and operation of a designated source separated organic waste facility by County, generators that are commercial businesses, including multi-family residential dwellings, shall comply with the following requirements:

1. Subscribe to the City's three-container commercial collection services and comply with the requirements of those services as described below in Section 8.16.270(A)(2). The City shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the City.

2. Participate in the City's three-container commercial collection services by placing source separated green waste in the green container; source separated recyclable materials in the blue container; and all other solid waste in the black container.

3. Supply and allow access to an adequate number, size, and location of collection containers with sufficient labels or colors (conforming with Section 8.16.270(A)(4)) for employees, contractors, tenants, and customers, consistent with the City's blue container, green container, and black container commercial collection service or, if self-hauling, per the commercial business's instructions to support its compliance with its self-haul program, in accordance with Section 8.16.320.

4. Excluding multi-family residential dwellings, provide containers for the collection of source separated green container green waste in all indoor and outdoor areas where disposal containers are otherwise provided for customers for materials generated by that commercial 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 containers dedicated for that kind of waste in areas where disposal containers are otherwise provided for customer use. Pursuant to 14 CCR § 18984.9(b), the containers provided by the commercial business shall have either:

a. A body or lid that conforms with the container colors provided through the collection service provided by City, with either lids conforming to the color requirements, bodies conforming to the color requirements, or both bodies and lids conforming to the 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 this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

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

5. Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirements in Section 8.16.270(A)(4) pursuant to 14 CCR § 18984.9(b).

6. To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials in accordance with Section 8.16.270(A)(2).

7. Excluding multi-family residential dwellings, periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR § 18984.9(b)(3).

8. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container green waste.

9. 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 green waste separate from black container waste (when applicable), and the location of containers and the rules governing their use at each property.

10. Provide or arrange access for the City or its agent to their properties during all inspections conducted in accordance with Section 8.16.330 to confirm compliance with the requirements of this chapter.

11. If a commercial business wants to self-haul, it must meet the self-hauler requirements in Section 8.16.320.

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

13. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.16.290.

B. Only after a designated source separated organic waste facility has been constructed by County and is operational, shall generators that are commercial businesses, including multi-family residential dwellings, comply with the following requirements:

1. Subscribe to the City's three-container commercial collection services and comply with the requirements of those services as described below in Section 8.16.270(B)(2). The City shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the City.

2. Participate in the City's three-container commercial collection services by placing source separated organic waste, including but not limited to green waste, in the green container; source separated recyclable materials in the blue container; and all other solid waste in the black container.

3. Supply and allow access to an adequate number, size, and location of collection containers with sufficient labels or colors (conforming with Section 8.16.270(B)(4)) for employees, contractors, tenants, and customers, consistent with the City's blue container, green container, and black container commercial collection service or, if self-hauling, per the commercial business's instructions to support its compliance with its self-haul program, in accordance with Section 8.16.320.

4. Excluding multi-family residential dwellings, provide containers for the collection of source separated green container green waste in all indoor and outdoor areas where disposal containers are otherwise provided for customers for materials generated by that commercial 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 containers dedicated for that kind of waste in areas where disposal containers are otherwise provided for customer use. Pursuant to 14 CCR § 18984.9(b), the containers provided by the commercial business shall have either:

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

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

5. Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirements in Section 8.16.270(B)(4) pursuant to 14 CCR § 18984.9(b).

6. To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials in accordance with Section 8.16.270(B)(2), or if recycling organics on-site or self-hauling under Section 8.16.320 per the commercial business's instructions to support its compliance with its on-site recycling or self-haul program.

7. Excluding multi-family residential dwellings, periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR § 18984.9(b)(3).

8. 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.

9. 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 separate from black container waste (when applicable), and the location of containers and the rules governing their use at each property.

10. Provide or arrange access for the City or its agent to their properties during all sections conducted in accordance with Section 8.16.330 to confirm compliance with the requirements of this chapter.

11. If a commercial business wants to self-haul, it must meet the self-hauler requirements in Section 8.16.320.

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

13. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.16.290.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

A. De Minimis Waivers. The City may waive a commercial business's obligation (including that of a multi-family residential dwelling) to comply with some or all of the organic waste requirements if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in Section 8.16.280(A)(2) below. Commercial businesses requesting a de minimis waiver shall:

1. Submit an application form specifying the services from which they are requesting a waiver, and provide documentation as noted in Section 8.16.280(A)(2) below.

2. Provide documentation that either:

a. 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 that business's total waste; or

b. 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 ten gallons per week per applicable container of the business's total waste.

3. Notify City if any circumstances change such that commercial business's organic waste exceeds the threshold required for the de minimis waiver, in which case the waiver will be rescinded.

4. Provide written verification of eligibility for the de minimis waiver every five years.

B. Physical Space Waivers. The City may waive a commercial business's or property owner's obligations (including those of 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, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate space for the collection containers otherwise required for compliance with the organic waste collection requirements. A commercial business or property owner may request and maintain a physical space waiver through the following process:

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

2. Provide documentation that the premises lacks adequate space for blue containers and/or green containers, including documentation from applicant's hauler, licensed architect, or licensed engineer; and

3. Provide written verification to the City that it remains eligible for the physical space waiver every five years thereafter.

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

D. Review and Approval of Waivers by City. Review and approval of waivers will be the responsibility of the Public Works Director or his or her designee.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024.

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

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

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

2. Allow the City's designated enforcement entity or designated third party enforcement entity to access the premises and to review records pursuant to 14 CCR § 18991.4.

3. Keep records that include the following information, or as otherwise specified in 14 CCR § 18991.4:

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

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

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

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

ii. The types of edible food that will be collected by, or self-hauled to, the food recovery service or food recovery organization.

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

iv. The quantity of edible food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for purposes of food recovery.

d. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557, Chapter 557, Statutes of 2017.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

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

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

2. The quantity in pounds of edible food collected from each commercial edible food generator per month.

3. The quantity in pounds of edible food transported to each food recovery organization per month.

4. The name, address, and contact information for each food recovery organization for which the food recovery service transports edible food for food recovery.

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

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 collected form each commercial edible food generator per month.

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

C. Food recovery organizations and food recovery services that have their primary address physically located in the City and contract or have written agreements with one or more commercial edible food generators pursuant to 14 CCR § 18991.3(b) shall, no later than March 1, July 1, and September 1 of each calendar year, report to the City in which they are located the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators with which they have established a contract or written agreement pursuant to 14 CCR § 18991.3(b).

D. Food Recovery Capacity Planning. In order to support edible food recovery capacity planning assessments and other studies, food recovery services and food recovery organizations operating in the City shall, upon request, provide information and consultation to the City regarding existing or proposed new or expanded food recovery capacity that could be accessed by the City and its commercial edible food generators.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

A. Requirements for Haulers.

1. Haulers shall meet the following requirements and standards as a condition of approval of a solid waste franchise, permit, or other authorization with the City to collect organic waste:

a. Through written notice to the City annually, on or before June 1, identify the facilities to which they will transport organic waste, including facilities for source separated recyclable materials and source separated green container organic waste.

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

c. Obtain approval form the City to haul organic waste, unless transporting source separated organic waste to a community composting site or lawfully transporting construction and demolition debris.

2. Haulers authorized to collect organic waste shall comply with education, equipment, signage, container-labeling, container color, contamination monitoring, reporting, and other requirements as specified by their respective permits or other agreements entered into with the City.

B. Requirements for Facility Operators and Community Composting Operations.

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

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

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

A. Self-haulers shall source separate all recyclable materials generated on-site and, after the construction by County of a designated source separated organic waste facility, all organic waste generated on-site from other solid waste in a manner consistent with 14 CCR §§ 18984.1 and 18984.2.

B. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials, and after the County constructs and operates a designated source separated organic waste facility, shall haul their source separated organic waste to that designated source separated organic waste 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. Deliver receipts and weight tickets form the entity accepting the waste;

2. The amount of material in cubic yards or tons transported by the generator to each entity; and

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

D. Self-haulers that are commercial businesses (including multi-family residential dwellings) shall provide information collected in Section 8.16.320(C) to the City if requested.

E. A residential organic waste generator that self-hauls organic waste is not required to record information as otherwise required by Section 8.16.320(C) or report information as otherwise required by Section 8.16.320(D).

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

A. City representatives and/or its designated entity, including designees, are authorized to conduct inspections an investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facilities 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, self-haulers, haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the City to enter the interior of a private residential property for inspection.

B. The regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the City's employee or its designee during such Inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.16.340.

C. Any records obtained by the 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 § 6520 et seq.

D. City representatives or its designees are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

E. City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. Collectors shall relay to City all written complaints they receive concerning act or omissions of themselves or another entity that is potentially non-compliant with SB 1383 Regulations, including anonymous complaints.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)

A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by an enforcement officer. Enforcement actions under this chapter include issuance of an administrative citation and assessment of a fine. The procedures set forth in Chapter 1.12 of Title 1 of the Atwater Municipal Code shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.

B. City may seek all other remedies allowed by law, including civil action or prosecution for an alleged misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.

C. Penalty amounts for types of violations this chapter are as set forth in Section 1.01.110.

D. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Sections 1.12.010 to 1.12.030.

E. Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, the City will conduct inspections, route reviews, waste evaluations, and compliance reviews, depending on 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, tier two commercial edible food generator, food recovery service, food recovery organization, 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 as of January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

F. 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 service, food recovery organization, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this chapter.

G. This chapter shall be interpreted to be consistent with the City's regulatory authority, and shall only apply to location education agencies and other entities to the extent permitted by law, including SB 1383 Regulations.

(Ord. CS 1047, § 1(Exh. A), 3-28-2022)