Chapter 50 — SOLID WASTE MANAGEMENT

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BIN. A receptacle approved by the city and provided by the franchisee consisting of a container from one to six cubic yards in capacity which can only be emptied mechanically and which is left on the premises served.

BIN SERVICE. Service to any premises through the use of one or more bins or drop-off boxes.

BULKY WASTE. Large items of the type produced as refuse from the residential use of a dwelling unit including but not limited to large and small household appliances, e-waste, water heaters, furnaces, furniture, tires, carpets, and mattresses. Bulky waste shall not include objects not easily moved by two men including but not limited to discarded automobile bodies or engines.

CART. A receptacle approved by the city and provided by the franchisee consisting of a plastic container with a capacity of 35, 64 or 96 gallons and having a hinged lid and wheels, which is serviced by an automated or semiautomated side-loading truck.

CART SERVICE. Service to any premises through the use only of a cart(s).

COMMERCIAL. Comprised of a business including any retail outlet, financial establishment, commercial warehouse, manufacturing facility, professional office, hotel or motel and automobile courts, hospital or other health care facility, any nonprofit organization (such as any church or club), and any multi-family dwellings comprised of five units or more.

CONSTRUCTION AND DEMOLITION DEBRIS. Used or discarded construction materials removed from premises during the construction, renovation, and/or demolition of any structure on the premises, including but not limited to buildings, landscaping hardscape and paved surfaces. Construction and demolition debris is also subject to regulation pursuant to Chapter 53 of this code; in the event of a conflict between the provisions of Chapter 53 and this chapter, the provisions of Chapter 53 shall prevail.

CUSTOMER. The occupant of premises from which refuse, recyclable materials, or refuse and recyclable materials are generated. If the occupant of any premises is not the owner of the premises, the owner of the premises shall be deemed to be a co-customer with such occupant.

DIRECTOR. The city’s Public Works Director and his/her delegates.

DISCARDED REFUSE or RECYCLABLE MATERIAL. Refuse or recyclable material which the owner has disposed of by the payment of a fee to another for the service of collection, removal, or disposal of such material, whether or not such fee is imposed separately or is part of the fee paid for other services also provided by the person paid to collect, remove or dispose of such material, and shall include, without limitation, refuse and recyclable materials placed by a customer for pick-up by the franchisee.

y the payment of a fee to another for the service of collection, removal, or disposal of such material, whether or not such fee is imposed separately or is part of the fee paid for other services also provided by the person paid to collect, remove or dispose of such material, and shall include, without limitation, refuse and recyclable materials placed by a customer for pick-up by the franchisee.

DROP-OFF BOX. A receptacle approved by the city and provided by the franchisee consisting of a container of 12 to 40 cubic yards in capacity, commonly referred to as a roll off, or a compactor of the same size, that is placed at a customer’s premises for refuse storage, is picked up by a truck and transported to a disposal or recycling site for emptying, and is then returned to the customer's premises.

E-WASTE. Electronic waste including, without limitation, televisions, computers, monitors, printers, VCRs, microwave ovens, phones and radios.

FRANCHISE. An agreement for the collection, removal, and disposal of refuse, recyclable materials, or refuse and recyclable materials generated on premises within the city, under such terms and conditions as are contained in this

code and as may be proscribed by the City Council.

FRANCHISEE. A person who has a valid franchise or an agent or employee of that person while acting in the course and scope of their official duties pursuant to that franchise.

GARBAGE. Any and all dead animals of less than ten pounds in weight, except those slaughtered for human consumption; every accumulation of organic waste matter, whether animal, vegetable and/or other organic matter, that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, infectious wastes, all putrefactive or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); and other similar matter or material, but excluding garbage which is set aside especially for recycling, rubbish, and hazardous waste.

HAZARDOUS WASTE. A waste, or combination of wastes, which is defined as “hazardous”, “extremely hazardous” or “acutely hazardous” under any federal or California state law or regulation, and any waste or combination of wastes which because of its quantity, concentration, or physical, chemical, or infectious characteristics may do either of the following:

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

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

NON-COMBUSTIBLE REFUSE AND RECYCLABLE MATERIALS. Refuse and recyclable materials consisting of ashes, glass and crockery bottles, aluminum cans and containers, metals, and all other similar articles or materials which have minimal potential for either combusting or decaying.

OCCUPANT. The person legally entitled to possession of all, or a portion of, premises within the city.

OWNER. The person(s) that holds fee title to premises within the city.

PREMISES. Any lot or parcel, or any portion thereof, in the city, and any building or structure located thereon. Unless otherwise permitted by written agreement of the Director, each lot, parcel, or portion thereof which has an address separate from any other lot, parcel or portion thereof shall be deemed to be a separate premises.

RECYCLABLE MATERIALS. Materials which a customer who is the owner thereof intends to discard but which have some potential economic value and which the city therefore permits to be set aside, handled, packaged, disposed of by the customer, offered to the franchisee for collection, or collected by the franchisee in a manner different from other materials being discarded by a customer.

RECYCLING. The process of collecting and turning recyclable materials into new products by reprocessing and remanufacturing them.

REFUSE. All types of solid wastes, including garbage, rubbish, construction and demolition debris, yard waste, recyclable materials which a customer has determined not to recycle but to treat as rubbish, and any other solid waste matter, but excluding hazardous wastes.

RESIDENTIAL. References single-family dwellings, and multi-family dwelling less than five units.

RUBBISH. All solid waste material consisting of waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, rubber, used and discarded clothing, used and discarded shoes and boots, carpets, combustible waste pulp and other products such as are used for packaging or wrapping crockery and glass, floor sweepings, glass, crockery, bottles, shelves, tin and aluminum cans, mineral or metallic substances, earth, rock, demolished or discarded building materials, ashes, cinders, water heaters, furnaces, furniture, washers, dryers, refrigerators, television, radios, waste material resulting from any manufacturing, building or construction operation,

and other waste material or household or business waste which is not included in the definition of garbage or hazardous waste.

SERVICE RATE. The charge made by the franchisee to customers of premises to which such franchisee provides service for the collection, processing and disposal of refuse and recyclable materials.

UNLAWFUL RECEPTACLE. Any receptacle used for storage or transport of discarded refuse or recyclable material which receptacle has not been provided by the franchisee, provided, however, that any receptacle owned and operated by a State of California designated regional recycling facility shall not be deemed an unlawful receptacle. YARD WASTE. All tree trimmings, grass cuttings, dead plants, weeds, leaves, branches and dead trees (not more than six inches diameter) and similar materials produced at residential premises within the city. YARD WASTE is a type of rubbish, but may be set aside, handled, packaged, or offered to the franchisee for collection in a manner different from other types of rubbish.

(Ord. 1297, passed 2-7-07; Am. Ord. 1406, passed 5-2-18)

(A) The collection and disposal of refuse and recyclable materials is a matter requiring control and regulation by the city in order to protect the public peace, health, safety and general welfare. The regular, thorough, and continuous collection of refuse and recyclable material is necessary to protect the public peace, health, safety and general welfare. In order to insure that such will be accomplished, the city may issue one or more franchises to a qualified person(s) to collect refuse and/or recyclable materials upon an exclusive basis under such terms and conditions as are contained in this code and as may be prescribed by the City Council.

(B) At all times that the City Council has issued a franchise for all or any part of the city, each person owning or occupying premises within the area subject to such franchise shall be deemed a customer of such franchisee and shall be subject to all requirements of this chapter applicable to a “customer.” (Ord. 1297, passed 2-7-07)

(A) Customers may, on a voluntary basis, separate recyclable materials for the purpose of recycling such items. If a customer chooses not to separate such items for recycling, such items shall be treated as refuse for all purposes. (B) No person shall cause or permit refuse or recyclable materials to accumulate at any premises for a period in excess of seven days, except non-combustible refuse and recyclable materials which may be accumulated for a period not to exceed 30 days.

(C) Every person having charge or control of any premises shall cause refuse located in or on such premises to be placed for collection by the franchisee. Every person having charge or control of any premises shall cause recyclable materials located in or on such premises to be placed for collection by the franchisee, deposited into any receptacle owned and operated by a State of California designated regional recycling facility, or otherwise disposed of at a location authorized to accept recyclable materials. Any recyclable materials not so disposed of shall be deemed to be refuse, and the failure of any person having charge or control of the premises in or on which materials are or were located to comply with all provisions of this chapter relating to refuse shall be a violation of this chapter.

(D) No person shall bury refuse or dispose of any refuse otherwise than placing such refuse for collection by the franchisee, provided, however, that this subsection shall not prohibit (1) the reduction of garbage to a liquid condition and disposing of the same as sewage, or (2) the deposit of yard waste and garbage in a container designed to compost such materials, provided such container does not exceed one cubic yard in capacity.

(Ord. 1297, passed 2-7-07)

(A) Except as set forth in this section, no person shall collect, carry, convey, or transport refuse generated or originating within the jurisdictional limits of the city in, over, upon or through any public street, alley or public place of the city.

(1) Any person who collects, carries, conveys or transports refuse generated or originating within the jurisdictional limits of the city in, over, upon or through any public street, alley or public place of the city shall be guilty of a misdemeanor if the amount of refuse exceeds two cubic yards.

(2) Any person who collects, carries, conveys or transports refuse materials generated or originating within the jurisdictional limits of the city in, over, upon or through any public street, alley or public place of the city shall be guilty of an infraction if the amount of refuse is two cubic yards or less.

(B) The provisions of this section shall not apply to (1) an officer or employee of the city while acting in the course and scope of his or her official duties; or (2) a franchisee.

(Ord. 1297, passed 2-7-07)

(A) No person, other than the franchisee or a city officer, agent or employee, shall interfere in any manner with any refuse or recyclable receptacle, or the contents thereof, at the location where such receptacle has been placed by the customer for collection by the franchisee.

(B) Except as set forth in this section, no person shall sort through, gather, collect, or remove from any container, wherever situated, any discarded refuse or recyclable materials, nor shall any person convey discarded refuse or recyclable material which has been removed from a container, wherever situated, upon or along any public or private street within the city, or cause or permit any combination of the above to occur.

(C) The provisions of this section shall not apply of any to the following persons:

(1) Any person in the employ of the city who shall be assigned by the city to the work of sorting through, gathering, collecting or removing refuse or recyclable materials;

• (2) Any franchisee;

(3) Any person who has a contractual agreement with the city for the sorting through, gathering, collecting or removing of refuse or recyclable materials or any employee of such person during the time such contract shall be in force who is acting within the scope of his or her employment; or

(4) Any person in the employ of or under contract with a State of California designated regional recycling facility while acting on behalf of such facility by sorting through, gathering, collecting, or removing material placed in a receptacle owned and operated by such facility.

(Ord. 1297, passed 2-7-07)

(A) The service rates which may be charged by the franchisee shall be established by resolution of the City Council. Each customer shall pay all service rates promptly upon receipt of an invoice therefore. Service rates shall be deemed a civil debt owed by the customer to the franchisee and may be collected by the franchisee in the manner permitted by law.

(B) Failure of a customer to pay service rates which have been invoiced by the franchisee to the customer in compliance with division (A) of this section shall be deemed to be an infraction.

(C) The City Council may elect to cause the collection of all, or a portion of, the service rate as a part of the tax bill collection process for real property taxes in the manner prescribed by law.

(Ord. 1297, passed 2-7-07)

Each customer receiving cart service shall comply with the following:

(A) Carts shall be placed on the street as close to the curb line as is practical, or if there is no curb, as close to the street right-of-way line separating the premises from the street as is possible.

(B) Carts and bulky waste shall not be placed for collection before 8:00 p.m. on the day immediately prior to the day designated for such collection. After the collection of refuse, recyclable materials, and bulky waste, each cart and any waste material not picked up by the franchisee shall be promptly removed from the location and returned by the customer of the premises to a location on the premises which is not visible from any location outside of the premises. Whether or not collection has occurred, no person shall permit a cart or bulky material to remain in a location on the premises visible from any location outside of the premises after 8:00 p.m. on the designated day of collection.

(C) The maximum weight of the refuse that may be placed in an individual cart for collection shall not exceed 150 pounds.

(D) If more refuse than will fit in the cart(s) provided by the franchisee is regularly generated at the customer’s premises, such customer shall obtain an additional cart(s). The service rates may require payment for such additional cart(s).

(E) If more refuse than will fit in the cart(s) provided by the franchisee is generated on an occasional basis at the customer's premises, such customer shall treat such excess refuse as bulky waste subject to the provisions of § 50.09. (Ord. 1297, passed 2-7-07)

Each customer receiving bin service shall comply with the following:

(A) The receptacle(s) shall be placed on a hard surface in a location(s) accessible by franchisee’s collection trucks. The service rates may require different fees based upon the distance that the franchisee is required to move a receptacle.

(B) If more refuse than will fit in the receptacle(s) provided by the franchisee is generated on a regular basis at the customer’s premises, such customer shall obtain an additional receptacle(s). The service rates may require payment for such additional receptacle(s).

(C) If more refuse than will fit in the receptacle(s) provided by the franchisee is generated on an occasional basis at the customer’s premises, such customer shall treat such excess refuse as bulky waste subject to the provisions of § 50.09.

(Ord. 1297, passed 2-7-07)

(A) Each customer shall provide for the collection of bulky waste by the franchisee when such bulky waste exists on the premises such customer owns or occupies or when bulky waste is located in the right-of-way immediately adjacent to such premises.

(B) Pursuant to state law, § 97.049 of this code, and § 50.04 of this chapter, each owner of premises is required to maintain the sidewalk and parkway adjacent to that premises, including but not limited to the removal of bulky waste

whether or not such bulky waste was generated by an occupant of such premises or placed on the owner’s premises without the owner's consent. Consistent with such obligation, each owner of each premises in the city is deemed to have authorized the franchisee to collect bulky waste located in the sidewalk, parkway area, or right-of-way adjacent to such owner's premises. whether or not a request for removal has been received. The owner shall be responsible for all costs of such removal, including payment to the franchisee of a service rate.

(C) If the City Council determines to impose service rates for the collection of bulky waste, such service rates shall be consistent with the following:

(1) (a) Bulky waste will be picked up from a premises receiving cart service without cost if all the following conditions are met:

1. The franchisee has been provided notice not less than 48 hours prior to the regularly scheduled collection date for such premises that a pickup of bulky waste is required at such premises;

2. Not more than six such collections have been made from such premises in the current calendar year;

3. The bulky waste is located near the curb adjacent to such premises; and

4. The bulky waste in any single pickup does not exceed three cubic yards of refuse or consists of one household appliance.

(b) If all such conditions are not met, the customer at such premises will be charged a service rate for pickup of bulky waste from such premises at a rate or rates established by resolution of the City Council.

(c) If the customer who is billed at such premises is a non-owner occupant and fails to pay such service rate, the owner of the premises shall be liable for such cost.

(2) Bulky waste will be picked up from a premises receiving bin service for a service rate as established by resolution of the City Council. The City Council shall establish a lower service rate for the situation where the customer has provided the franchisee notice of the need for the bulky waste pickup not less than 48 hours prior to the regularly scheduled collection date for such premises. If the customer who is billed at such premises is a non-owner occupant and fails to pay such service rate, the owner of the premises shall be liable for such cost. (Ord. 1297, passed 2-7-07)

If a customer placing bundles of tree limbs, palm fronds, brush, and similar dry materials for collection by the franchisee does not place them within an approved receptacle for refuse or for yard waste, the customer shall tie such bundles with a heavy cord or wire strong enough to act as a handle, with no bundle exceeding four feet in length, having a diameter greater than 12 inches, or a weight greater than 50 pounds, and shall treat such bundles as bulky waste.

(Ord. 1297, passed 2-7-07)

If a customer placing cardboard containers and papers for collection by the franchisee does not place them within an approved receptacle for refuse or for recyclable materials, the customer shall flatten any containers and tie the cardboard and papers securely into bundles with a heavy cord or wire strong enough to act as a handle, not exceeding 50 pounds in weight, and shall treat such bundles as bulky waste.

(Ord. 1297, passed 2-7-07)

The franchisee may decline to collect refuse, recyclable materials, yard waste, or bulky waste presented for collection by a customer if the materials or the receptacles in which the materials are presented do not comply with the requirements of this chapter. If the franchisee declines to collect materials from a customer, the franchisee must tag the materials or the receptacles refused for collection noting on the tag the reason(s) for denial of collection. Failure of the customer to correct the condition(s) causing non-collection is a violation of this chapter. (Ord. 1297, passed 2-7-07)

Any premises in the city where the service rate is due and unpaid for a period of 30 days or more may have service discontinued. Upon discontinuance of service, the franchisee will provide notification to the Director, or his/her designee, as to the discontinued service. Termination of service shall not relieve an owner or an occupant from the requirement to comply with this chapter.

(Ord. 1297, passed 2-7-07)

(A) All carts, bins, and drop-off boxes provided by the franchisee are the sole and exclusive property of the franchisee at all times.

(B) No person shall store discarded refuse or recyclable material in any receptacle other than one provided by the franchisee.

(C) It is unlawful for any person to place on any private property any receptacle for the storage or collection of discarded refuse or recyclable material which receptacle has not been provided by the franchisee.

(D) It is unlawful for any person to place a receptacle for the storage or collection of discarded refuse or recyclable material in or on any public property unless such receptacle has been provided by the franchisee and either (1) placement of the receptacle is consistent with the provisions of §§ 50.07 and 50.08 of this code or (2) an encroachment permit has been obtained from the city.

(E) It is unlawful for any person with any ownership interest in real property within the city to permit a receptacle for the storage or transportation of discarded refuse or recyclable material to be located on such real property if such receptacle has not been provided by the franchisee.

(Ord. 1297, passed 2-7-07)

(A) Any unlawful receptacle may be removed by the Director from any premises in the city and impounded pursuant to the provisions of this section. In the event the unlawful receptacle has contents, such contents may be impounded along with the unlawful receptacle.

(B) The Director may remove and impound any unlawful receptacle, and any contents thereof, which is located on any city-owned property. Upon being so removed, impoundment shall be pursuant to divisions (D) and (E) of this section.

(C) Any unlawful receptacle located on property not owned by the city is hereby declared to be an instrumentality of a crime, being in violation of § 50.14 of this code. Such receptacle may be removed from any premises in the city and impounded without notice to the owner of the receptacle, provided, however, that city staff shall undertake best efforts to obtain consent of the owner or occupant of the property on which the receptacle is to enter on to such property. Upon being so removed, impoundment shall be pursuant to divisions (D) and (E) of this section.

(D) Within two business days after removal of an unlawful receptacle, the Director shall mail written notice to the owner of the receptacle, if an address can be ascertained from information on the receptacle itself, or to the owner of the property from which the receptacle was removed, if removed from private property and the owner of the receptacle cannot otherwise be ascertained. Such notice shall advise that the receptacle has been removed by the city, and if not redeemed within 30 days by the owner thereof, and all applicable charges paid, may be disposed of by the city in any manner which the city deems appropriate. The charges to redeem an unlawful receptacle shall be as established by resolution of the City Council.

(E) If the owner does not redeem an unlawful receptacle within 30 days of such notice, the Director may dispose of the receptacle in such manner as he/she deems appropriate. Notwithstanding any provision of this section to the contrary, the Director may dispose of the contents of an impounded unlawful receptacle at any time following impoundment if he/she determines such disposal is necessary to preserve the public health, safety, or welfare. (Ord. 1297, passed 2-7-07)

Ownership of all refuse collected shall transfer to the franchisee as of the time the same is received by it. Ownership of recyclable materials shall transfer to the franchisee when the customer owning such recyclable materials places them for collection by the franchisee. Ownership of materials placed within a receptacle owned and operated by a State of California designated regional recycling facility shall transfer to such facility when the customer owning such materials places them within such receptacle.

(Ord. 1297, passed 2-7-07)

(A) Definitions. The following words or phrases, whenever used in this chapter, shall be constructed as defined in this section:

CUSTOMER. A generator that contracts for solid waste removal services and enters into a service agreement with a franchised authorized hauler for solid waste collection services.

GENERATOR. An owner or responsible party of a commercial property which generates solid waste as a result of its business, commercial activity or other property activity. Generators may include tenants, property managers, and employees and contractors of generators.

LARGE EVENT. An event 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, including, but 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, including, but not limited to, a sporting event or a flea market.

LARGE VENUE. 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 chapter, 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 chapter, 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.

ORGANIC WASTE. Food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and foodsolid paper waste that is mixed in with food waste.

The definitions set forth in § 50.01 and § 50.17 shall also apply to this chapter.

(B) Commercial generators. Each commercial generator shall be responsible for ensuring and demonstrating its compliance with the requirements of this chapter. Each commercial generator shall:

(1) Ensure the segregation of recyclable materials and organic material from garbage by placing each type of material in a separate designated receptacle or container, and ensure that employees, contractors, volunteer, customers, visitors, and other persons on site segregate recyclable materials and organic materials.

(2) Provide an adequate number and type of labeled receptacles needed for segregating and storing recyclable materials and organic materials, and provide adequate access to these receptacles.

(3) Post and maintain signs containing information and instructions on the proper segregating and storage of recyclable materials and organic materials in areas where receptacles are located.

(4) Ensure that all receptacles used for collecting and storing recyclable materials, organic materials, and garbage are affixed with signs or labels that display the appropriate information to enable users to clearly differentiate which receptacles are used for recyclable materials, organic material, and garbage to minimize the contamination of material placed in receptacles.

(5) Provide adequate instructions to employees, contractors, and volunteers of the requirements of this chapter, including:

(a) The requirement and procedures to ensure the segregation of recyclable materials and organic materials from garbage;

(b) The employee's, contractor's, and volunteer's responsibilities regarding compliance with this chapter; and

(c) The types and location of receptacles and containers for recyclable material, organic materials, and garbage. (6) Ensure that instructions or training materials provided to employees, contractors and volunteers are promptly made available to the city upon request.

(7) Ensure that the contents of receptacles are deposited in the proper container and ensure that the contents of the receptacles for recyclable materials and organic materials are not delivered to garbage containers. Commercial generators shall be assessed a premium fee based on the size of the container for recyclable material and organic material containers that are collected for garbage disposal by the franchisee if the contents of their recyclable material and organic material containers contain unacceptable levels of contamination.

(C) Large events and large venues. Large events and large venues shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter. In addition to other requirements in this chapter and municipal code, each large event and large venue shall:

(1) Segregate recyclable materials and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site segregate recyclable materials.

(2) Ensure the large event and large venue has access to an adequate number and type of containers needed for collecting and storing recyclable materials.

(3) Provide or ensure the provision of adequate receptacles throughout the large event and large venue location to make the segregation of recyclable materials and organic materials convenient for employees, volunteers, contractors, vendors, exhibitors, presenters, visitors, attendees, customers, and other persons on site.

(4) Ensure that all receptacles used for segregating and storing recyclable materials, organic materials, and garbage are affixed with signs or labels that display the appropriate information to enable users to accurately segregate solid waste and to clearly differentiate which receptacles are used for recyclable materials, organic materials, and garbage, to minimize the contamination of material placed in receptacles.

(5) Ensure that the contents of the receptacles for recyclable materials and organic materials are not delivered to garbage containers unless they include unacceptable levels of contamination.

(D) Provisions for self-haulers.

(1) Nothing in this chapter shall preclude any person, solid waste customer, commercial generator, multi-family generator, or large event and large venue from self-hauling recyclable materials or organic materials generated by that entity to a recycling or organics processing facility.

• (2) Self-haulers shall:

(a) Comply with the requirements in this chapter by delivering for recycling those items that can be recycled by local recycling facilities and establishments and shall comply by delivering for organics processing those items that are accepted by local organics processing facilities.

(b) Provide proof of compliance with this chapter, upon request by the city; proof includes but is not limited to a receipt from a recycling or organics processing facility that clearly identifies the type and quantity of material delivered and an application for exemption from the necessity for refuse collection.

• (E) Authorized haulers.

(1) Authorized haulers shall obtain and maintain a business license with the city.

(2) Authorized haulers shall keep separate garbage, recyclable materials, and organic materials that have been segregated into separate containers by commercial generators, multi-family generators, or large event and large venues.

(3) Authorized haulers shall ensure that segregated recyclable materials are delivered to a recycling facility and that segregated organic materials are delivered to an organics processing facility, except that a container that contains unacceptable levels of contamination may be delivered for garbage disposal if the solid waste collector notifies the city of the occurrence; the date of the occurrence; and the account name, primary contact, phone number, billing address, and service address for the solid waste customer at which the container is located.

(F) Exclusions. Solid waste customers that subscribe to less than four cubic yards of garbage collection service per week shall be excluded from the requirements of this chapter.

(G) Exemptions. Solid waste customers, commercial generators, and large event and large venues that can document using the methods described in division (C) of this section that the circumstances described in divisions (A) and (B) of this section pertain to their operations shall be exempt from the requirements of this chapter.

(1) No generation of recyclable materials. Solid waste customers, commercial generators, and large event and large venues may be exempt from the requirements of this chapter if the solid waste customer, commercial generator, or large event and large venue demonstrates to the city that no recyclable material or organic materials are generated on site.

(2) Space constraints and zoning considerations. Solid waste customers may be exempt from the requirements of this chapter if the city determines that either:

(a) There is inadequate space for a solid waste customer to store containers for recyclable materials or organic materials on site and that it is infeasible for the solid waste customer to share recyclable materials or organic material containers with adjacent commercial facilities or multi-family dwellings; or

(b) Compliance with this chapter will result in violating city zoning or other regulations.

(3) Commercial generators, multi-family generators, and large event and large venues may be exempt from the requirements of this chapter if the city determines that either:

(a) There is inadequate space for the commercial generator or large event and large venue to store receptacles for recyclable materials or organic materials on site and that it is infeasible for the commercial generator or large event and large venue to deposit recyclable or organic material directly into containers without an intermediate receptacle; or

(b) Compliance with this chapter will result in violating city zoning or other regulations.

(4) Verification of exemption. The solid waste customer shall petition the city with a written request for an exemption documenting the circumstances of a claimed exemption. The city may visit the solid waste customer's site; examine the receptacles for garbage, recyclable materials, or organic materials; or take other actions to verify the

circumstances identified in the petition. The solid waste customer, commercial generator, or large event and large venue requesting an exemption shall not be granted an exemption from the requirements of this chapter if the city determines that: (1) recyclable material or organic material are generated on site; (2) it is feasible for containers and receptacles for recyclable materials, and necessary, for organic materials to be place on site; and (3) it is feasible to share recycling containers with an adjacent commercial facility or multi-family dwelling. The city may require the solid waste customer or commercial generator that is granted exemption for the requirements of this chapter to submit a renewal of its petition for an exemption every two years from the date the exemption was granted by the city.

(H) City authority. The city or its designee is authorized to administer and enforce the provisions of this chapter. To the extent permitted by law, the city or its designee may inspect any collection container at a commercial facility, multi-family dwelling, or large event and large venue and any solid waste collector's load for garbage, recyclable materials, or organic material. To the extent permitted by law, the city or its designee may also inspect the premises of any commercial facility, multi-family dwelling, or large event and large venue to determine compliance with provisions of this chapter.

(I) Administrative appeal. Unless otherwise expressly provided by this municipal code, any person adversely and directly affected by any determination made or action taken by the city pursuant to the provisions of this chapter may file an administrative appeal with the City Clerk. If no appeal is filed within ten days the determination of the city shall be final.

(J) Enforcement goals. The city shall enforce this chapter with the goal of maximizing participation in the program and ensuring that recyclable materials and organic material that haven’t been property segregated by the solid waste customer, commercial generator, multifamily generator, or large event and large venue are correctly collected and delivered to recycling and organics processing facilities. The city or its designee shall conduct the following activities to enforce this chapter.

(1) Develop and disseminate public education and promotional materials relating to the importance of recycling and organics processing and the availability of recycling and organics processing opportunities available to solid waste customers, commercial generators, multifamily generators, and large event and large venues;

(2) Provide technical assistance and training to solid waste customers, commercial generators, multifamily generators, and large event and large venues to increase recycling;

(3) Enforce provisions of the franchise agreement for collection of recyclable materials, organic materials, and garbage with franchisee to stimulate demand for recyclable material and organic material collection service.

(K) Enforcement for contamination.

(1) Enforcement of this chapter regarding contamination in containers for garbage, recyclable material, and organic material shall be carried out by the waste hauler. The waste hauler will notify city of customers with excessive or ongoing contamination.

(2) Solid waste collectors shall not be held liable for the failure of solid waste customers to comply with this chapter, unless specified in the franchise, contract, registration certificate, or permit issued by the city.

(L) Penalties. The city may issue administrative fines for violating this chapter or any rule or regulation adopted pursuant to this chapter, except as otherwise provided in this chapter. The city's procedures on imposition of administrative fines are hereby incorporated in their entirety and shall govern the imposition, enforcement, collection, and review of administrative citation issued to enforce this chapter and any rule or regulations adopted pursuant to this chapter.

(M) Implementation schedule. The schedule for enforcement of this chapter shall be implemented in accordance with the timeline specified in Table 1.

Entities Affected

Material Covered

Date

(N) Other provisions.

(1) No other power affected. This chapter does not do any of the following:

(a) Otherwise affect the authority of the city or its designee to take any other action authorized by any other provision of law.

(b) Restrict the power of a City Attorney, District Attorney, or the Attorney General to bring in the name of the people of California any criminal proceeding otherwise authorized by law.

(c) Prevent the city or designee from cooperating with, or participating in, a proceeding.

(d) Affect in any way existing contractual arrangements including franchises, permits, or licenses previously granted or entered into between the solid waste collectors and city.

(2) Cumulative remedies. Any remedy provided under this chapter is cumulative to any other remedy provided in equity or at law. Nothing in this chapter shall be deemed to limit the right of the city or its solid waste operators to

bring a civil action; nor shall a conviction for such violation exempt any person from a civil action brought by the city or its solid waste operators. The fees and penalties imposed under this chapter shall constitute a civil debt and liability owning to the city from the person, firms, or corporations using or chargeable for such services and shall be collectible in the manner provided by law.

(3) Liability. Nothing in this chapter shall be deemed to impose any liability upon the city or upon any of its officers or employees including without limitation under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA).

(O) Disclaimer of liability. The degree of protection required by this chapter is considered to be reasonable for regulatory purposes. The standards set forth in this chapter are minimal standard and do not imply that compliance will ensure safe handling of recyclable materials, organic materials, or garbage. This chapter shall not create liability on the part of the city, or any of its officers or employees, for any damages that result from reliance on this chapter or any administrative decision lawfully made in accordance with this chapter. All persons handling solid waste within the boundaries of the city should be and are advised to conduct their own inquiry as to the handling of such materials. In undertaking the implementation of this chapter, the city is assuming an undertaking only to promote the general welfare, It is not assuming, nor is it imposing on its officer and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(P) Duties discretionary. Subject to the limitations of due process and applicable requirement of state or federal laws, and notwithstanding any other provisions of this chapter, whenever the words "shall" or "must" are used in establishing a responsibility or duty of the city, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.

(Ord. 1406, passed 5-2-18)

(A) Declaration of policy. The city and its residents and its businesses must comply with SB 1383, the Short-lived Climate Pollutant Reduction Act of 2106, which requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provision of SB 1383 Regulations. This section will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.

(B) Effective date and preemption. This section and all of the regulations contained herein, shall become effective on March 18, 2022, and shall remain effective until otherwise repealed by the City Council. Any current terms or regulations which are in conflict with provisions of this section shall be preempted by this section as of the effective date.

(C) Definitions.

AB 341. The Assembly Bill approved by the Governor of the State of California on October 5, 2011, which amended § 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added §§ 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with § 42649) to Part 3 of Division 30 of, and added and repealed § 41780.02 of, the Public Resources Code, relating to solid waste, as amended, supplemented, superseded and replaced from time to time and which places requirements on commercial businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires cities to implement a mandatory commercial recycling program.

AB 939. The California Integrated Waste Management Act of 1989 (California Public Resources Code §§ 40000 et seq.), as amended, supplemented, superseded, and replaced from time to time which requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their cities to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

AB 1826. The Assembly Bill approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with § 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time and requires commercial businesses and multi-family property owners that generate specified threshold amount of solid waste, recyclable materials, and organic materials per week to arrange for recycling services for that waste, requires cities to implement a recycling program to divert organic waste for commercial businesses subject to the law, and requires cities to implement a mandatory commercial organic material recycling program.

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 recyclable materials.

CALRECYCLE. California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations.

CALIFORNIA CODE OF REGULATIONS or CCR. The State of California Code of Regulations, CCR reference 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).

COLLECT or COLLECTION (or any variation thereof). The act of taking possession of recyclable materials, organic materials, solid waste, bulky items and other material at the place of generation in city.

COMMERCIAL BUSINESS or COMMERCIAL. 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 § 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 or a Tier Two commercial edible food generator as defined herein below of this division (C) or as otherwise defined in 14 CCR § 18982(a)(73). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR § 18982(a)(7).

COMMUNITY COMPOSTING. 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).

COMPLIANCE REVIEW. A review of records by the city to determine compliance with this chapter. COMPOST. Has the same meaning as in 14 CCR § 17896.2(a)(4), which stated, as of the effective date of this section, that COMPOST means the product resulting from the controlled biological decomposition of organic waste that is source separated from the municipal solid waste stream, or that is separated at centralized facility.

COMPOSTING. Includes a controlled biological decomposition of organic materials yielding as safe and nuisance free compost product.

CONTAMINATION or CONTAMINATED CONTAINER. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR § 18982(a)(55).

CONTRACTOR. A person who is a party to an existing written agreement with the city providing for the exclusive or non-exclusive right to collect discarded materials from generators within the city.

C&D. Construction and demolition debris.

DESIGNEE. An entity that a city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this section as authorized in 14 CCR § 18981.2. A designee may be a government entity, a contractor, a private entity, or a combination of those entities.

DISCARDED MATERIALS. Recyclable materials, organic materials, and solid waste placed by a generator in a blue, green or grey container and/or at a location for the purpose of collection by the city’s collection program, excluding excluded waste.

EDIBLE FOOD. Food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a)(18). For the purposes of this section or as otherwise defined in 14 CCR § 18982(a)(18). EDIBLE FOOD is not solid waste if it is recovered and not discarded. Nothing in this section 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. An action of the city to address non-compliance with this section including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

EXCLUDED WASTE. Hazardous substance, hazardous waste, infectious waste (as defined in 14 CCR § 17225.36), designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operators(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, regulations, or ordinance, including without limitation: 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 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 city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type an 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 § 41500 and 41802 of the California Public Records Code. EXCLUDED WASTE does not

include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the city’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the city or its designee for collection services.

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

FOOD FACILITY. Has the same meaning as in § 113789 of the Health and Safety Code.

FOOD RECOVERY. Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24).

FOOD RECOVERY ORGANIZATION. 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:

(a) A food bank as defined in § 113783 of the Health and Safety Code;

(b) A nonprofit charitable temporary food facility as defined in § 113842 of the Health and Safety Code; and (c) A food recovery organization is not a commercial edible food generator for the purpose of this section and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR § 18982(a)(7). If the definition in 14 CCR § 18982(a)(25) for food recovery organizations differs from this definition, the definition in 14 CCR § 18982(a)(25) shall apply to this section.

FOOD RECOVERY SERVICES. A person or entity that collects and transports edible food from a commercial food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR § 18982(a)(26). A food recovery service is not a commercial edible food generator for the purpose of this section and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR § 18982(a)(7).

FOOD SCRAPS. All food such as, but not limited to fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. FOOD SCRAPS excluded fats, oils, and grease when such materials are source separated from other food scraps.

FOOD SERVICE PROVIDER. 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 § 18982(a)(27).

FOOD-SOLID PAPER. Paper material that has come in contact with food or liquid, such as, but not limited to, paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. FOOD-SOLID PAPER does not include noncompostable paper.

FOOD WASTE. Food scraps and food-soiled paper.

GENERATOR. Any person or entity whose act or process produces discarded materials as defined in the Public Resources Code, or whose act first causes discarded materials to become subject to regulations.

GRAY CONTAINER. Has the same meaning as in 14 CCR § 18982(a)(28) and shall be used for the purpose of storage and collection of solid waste. Per the definition provided in 14 CCR § 18982(a)(28), the gray containers may actually be black, or black with gray lid.

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 organic materials.

GROCERY STORE. 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 without limitation a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR § 18982(a)(30).

HAULER ROUTE. The designated itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in 14 CCR § 18982(a)(31.5).

HAZARDOUS SUBSTANCE. Any of the following:

(a) Any substances defined, regulated or listed (directly or by reference) as “hazardous substance”, “hazardous materials”, “hazardous wastes”, “toxic waste”, “pollutant”, or “toxic substance”, or similarly identified as hazardous to human health or the environment, in or pursuant to:

1. The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC § 9601 et seq. (CERCLA);

2. Hazardous Materials Transpiration Act, 49 USC § 1802, et seq.;

3. The Resource Conservation and Recovery Act, 42 USC § 6901 et seq.;

4. The Clean Water Act, 33 USC § 1251 et seq.;

5. California Heath and Safety Code § 25115-2517, 25249.8, 25281, and 25316;

6. The Clean Air Act, 42 USC § 7901 et seq.; and,

7. California Water Code § 13050;

(b) Any amendments, rules or regulations promulgated thereunder to such enumerated status or acts currently existing or hereafter enacted; and,

(c) Any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl’s (PCBs), petroleum, natural gas, and synthetic fuel products, and by-products.

HAZARDOUS WASTE. All substance defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state in Health and Safety Code § 25110.02, 25115, and 25117, State Public Resources Code § 40141, or in the future amendments to or recodifications of such statues or identified and listed as solar panels from residential premises, and hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resources Conservation and Recovery Act (42 USC § 6901 et seq.) all future amendments thereto, and all rules and regulations promulgated thereunder.

HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY. A facility that is in compliance with the reporting requirements of 14 CCR § 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 § 18815.5(e) of organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR § 17402(a)(11.5), or as otherwise defined in 14 CCR § 18982(a)(33).

of 14 CCR § 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 § 18815.5(e) of organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR § 17402(a)(11.5), or as otherwise defined in 14 CCR § 18982(a)(33).

INSPECTION. A site visit where a city or its designee reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of discarded materials or edible food handling to determine if the entity is complying with requirements set forth in this section, or as otherwise defined in 14 CCR § 18982(a)(35).

LARGE EVENT. 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 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 § 18982(a)(38) differs from this definition in 14 CCR § 18982(a)(38) shall apply to this section.

LARGE VENUE. 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 section 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, area, 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 section and implantation 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 § 18982(a)(39) differs from this definition the definition in 14 CCR § 18982(a)(39) shall apply to this section.

LOCAL EDUCATION AGENCY. A school district, charter school, or county office of education that is not subject to the control of city or county regulation related to recyclable materials, organic materials, or solid waste, or as otherwise defined in 14 CCR § 18982(a)(40).

MULTI-FAMILY RESIDENTIAL DWELLING or MULTI-FAMILY. 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 refer to the Model Water Efficient Landscape Ordinance, 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 § 18982(a)(41).

NOTICE OF VIOLATION or NOV. 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.

ORGANIC MATERIALS. Source separated organic waste that can be placed in a green container specifically intended for the separate collection of organic waste by the generator, excluding non-compostable paper, paper products, printing and writing paper, and any other organic waste that an organic waste facility may reject to maintain any organics-related composting certifications including but not limited to organic carpets and textiles, contaminate wood or lumber, manure, digestate, biosolids, and sludges.

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

PAPER PRODUCTS. Include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, handing files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR § 18982(a)(51). 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).

PROHIBITED CONTAINER CON-TAMINANTS. The following:

(a) Discarded materials placed in the blue container that are not identified as acceptable recyclable materials for the city’s blue container;

(b) Discarded materials placed in the green container that are not identified as acceptable organic materials for the city’s green container;

(c) Discarded materials placed in the gray container that are acceptable recyclable materials and/or organic materials to be placed in city’s green container and/or blue container; and

(d) Excluded waste placed in any container.

PROPERTY OWNER. The owner of real property, or as otherwise defined in 14 CCR § 18982(a)(57). RECOVERED ORGANIC WASTE PRODUCTS. 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).

RECOVERY. Any activity or process described in 14 CCR § 18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49).

RECYCLABLE MATERIAL. Any material generated on or emanating from residential or commercial/industrial premises that is no longer wanted and is collected, transported, and reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of AB 939. No discarded materials shall be considered recyclable materials unless such material is separated from organic materials and solid waste and offered for collection through the city’s collection program.

RECYCLED-CONTENT PAPER. Paper products and printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR § 18982(a)(61).

RESTAURANT. An establishment primarily engaged in retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR § 18982(a)(64).

ROUTE REVIEW. A visual inspection of containers along a hauler route for the purpose of determining contaminated containers and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR § 18982(a)(65).

SB 1383. Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added §§ 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with § 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets and placing requirements on multiple entities including cities, residential households, commercial businesses and commercial business owners, commercial edible food generators, contractors, self-haulers, food recovery organizations, and food recovery services in statewide effort to reduce emissions of short-live climate pollutants as amended, supplemented, superseded, and replaced from time to time.

SB 1383 REGULATION or SB 1383 REGULATORY. Means or refers to, for the purposes of this section, the short-lived climate pollutants: organic waste reduction regulations developed by CalRecycle and adopted in 2020 that crafted 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

SELF-HAULER. A person, who hauls solid waste, organic materials, 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 § 18982(a)(66). Back-haul means generating and transporting discarded materials 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).

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 § 18982(a)(66). Back-haul means generating and transporting discarded materials 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).

SINGLE-FAMILY. 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 § 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 vehicle and parts hereof, 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, with the exception that solid waste does not include any of the following wastes:

(a) Hazardous waste.

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

(c) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with § 117600) of Division 104 of the Sate Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code § 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 Resource Code.

(d) Recyclable materials, C&D, organic waste, or other salvageable material only when such materials are source separated from solid waste at the site of generation.

SOURCE SEPARATED. Materials, including commingled recyclable materials and organic material, 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 material 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 that meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR § 17402.5(b)(4). For the purposes of the section, 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 sources separated material are separated from solid waste for the purposes of collection and processing.

STATE. The State of California.

SUPERMARKET. A full-line, self-service retail store with gross annual sales of $2,000,000, or more that 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).

TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR. A commercial edible food generator that is one of the following:

• (a) Supermarket.

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

• (c) Food service provider.

• (d) Food distributor.

• (e) Wholesale food vendor.

If the definition in 14 CCR § 18982(a)(73) of Tier One commercial edible food generator differs from this definition, the definition in 14 CCR § 18982(a)(73) shall apply to this section.

TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR. A commercial edible food generator that is one of the following:

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

• (b) Hotel with on-site food facility and 200 or more rooms.

• (c) Health facility with an on-site food facility and 100 or more beds.

• (d) Large venue.

• (e) Large event.

• (f) 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.

• (g) A local education agency facility with an on-site food facility.

If the definition in 14 CCR § 18982(a)(74) of Tier Two commercial edible food generator differs from this definition the definition in 14 CCR § 18982(a)(74) shall apply to this section.

WHOLESALE FOOD VENDOR. A commercial business or establishment engaged in the merchanted 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 § 18982(a)(76).

(D) Requirements for single-family generators. Generators shall subscribe to a three container collection service that includes a blue container, green container, and gray container. Generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in division (J) of this section.

(1) Shall subscribe to city’s collection services for all discarded materials generated as described in this section. City or its designee shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of

materials, and single-family generators shall adjust their service level for collection services as requested by the city or its designee. Generators may additionally manage their discarded materials by preventing or reducing their discarded materials, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR § 18984.9(c).

(2) Shall participate in the city’s collection service(s) by placing designated materials in designated containers as described below and shall not place prohibited container contaminants in collection containers.

(a) Generator shall place organic materials, including food waste, in the green container, source separated recyclable materials in the blue container, and solid waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container, or material designated for the green or blue container into the gray container.

(b) Green, blue, and gray containers to be collected by the contractor shall be placed, by the owner or occupant of any premises, along the street or alley frontage of such premises, or such other locations as may be mutually agreeable to such persons and the contractor.

(c) No person shall interfere in any manner with any green, blue, or gray containers or the contents thereof, or remove any blue, green, or gray container or the contents thereof from the location where the same was placed by the owner or occupants of the premises for collection.

(E) Requirements for commercial businesses. Generators that are commercial businesses, including multi-family residential dwellings, shall:

(1) Subscribe to city’s three container collection services and shall be solely responsible to the contractor for the payment of the fees set forth in any such agreement the city has entered with contractor for collection service. The city shall not be responsible for payment of any such fees to any contractor. Commercial generators shall comply with requirements of those services as described below in this section, except commercial businesses that meet all selfhauler requirements set forth in division (J) of this section. City or its designee shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of material and containment of materials; and commercial businesses shall adjust their service level for their collection service as requested by the city or its designee.

(2) Except commercial businesses that meet the self-hauler requirements in this section, participate in the city’s collection service(s) by placing designated materials in designated containers as described below:

(a) Generator shall place and/or direct its generators to place organic materials, including food waste, in the green container, source separated recyclable materials in the blue container, and solid waste in the gray container. Generator shall not place, and direct its generators not to place, prohibited container contaminants in collection containers and not place materials designated for the gray container into the green container or blue container or materials designated for the green or blue container into the gray container.

eparated recyclable materials in the blue container, and solid waste in the gray container. Generator shall not place, and direct its generators not to place, prohibited container contaminants in collection containers and not place materials designated for the gray container into the green container or blue container or materials designated for the green or blue container into the gray container.

(b) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels and colors (conforming with divisions (E)(2)(c)1. and 2. below for employees, contractors, tenants, and customers, consistent with city’s blue container, green container, and gray container collection service or, if selfhauling, per the commercial businesses’ instructions to support its compliance with its self-haul program, in accordance with division (J) of this section.

(c) Excluding multi-family residential dwellings, provide containers for the collection of organic materials and source separated recyclable materials in all indoor and outdoor areas where disposal containers are 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 that particular container in all areas where disposal containers are

provided for customers. Pursuant to 14 CCR § 18984.9(b), the containers provided by the commercial 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 section prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

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 § 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(d) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirements pursuant to 14 CCR § 18984.9(b).

(e) To the extent practical through education, training, inspection, and/or other measures, excluding multifamily 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, in accordance with division (J) of this section.

(f) Excluding multi-family residential dwellings, periodically inspect blue containers, green containers, 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 § 18984.9(b)(3).

(g) 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.

(h) 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.

(i) Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with division (N) of this section to confirm compliance with the requirements of this section.

(j) Accommodate and cooperate with city’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented by the city at a later date, to evaluate generator’s compliance with this section.

(k) At commercial business’s option and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and gray containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants.

(l) If a commercial business wants to self-haul, meet the self-hauler requirements in division (J) of this section.

(m) 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 § 18984.9(c).

(n) Commercial businesses that are Tier One or Tier Two commercial edible food generators shall comply with food recovery requirements, pursuant to division (H) of this section.

(F) Waivers for generators.

(1) De minimis waivers. The city may waive a commercial business’ obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this section if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in division (F)(1)(b) of this section. Commercial businesses requesting a de minimis waiver shall:

(a) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in division (F)(1)(b) of this section.

• (b) Provide documentation that either:

1. The commercial business’ total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business’ total waste; or,

2. The commercial business’ 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’ total waste.

(c) Notify the city if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

(d) Provide written verification of eligibility for de minimis waiver every five years, if city has approved de minimis waiver.

(2) Physical space waivers. The city may waive a commercial business’ or property owner’s obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of division (E) of this section. A commercial business or property owner may request a physical space waiver through the following process:

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

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

(c) Provide written verification to the City Manager or his/her designee that it is still eligible for physical space waiver every five years, if the city has approved application for a physical space waiver.

• (G) Requirements for commercial edible food generators.

(1) Tier One commercial edible food generators must comply with the requirements of this division commencing January 1, 2022, and Tier Two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR § 18991.3.

(2) 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.

• (3) Commercial edible food generators shall comply with the following requirements:

• (a) Arrange to recover the maximum amount of edible food that would otherwise be disposed.

(b) 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.

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

(d) Allow city’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR § 18991.4.

• (e) Keep records that include the following information, or as otherwise specified in 14 CCR § 18991.4:

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

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

3. 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.

(f) No later than June 1 of each year commencing no later than June 1, 2022, for Tier One commercial edible food generators and June 1, 2024 for Tier Two commercial edible food generators, provide an annual food recovery report to the city that includes the records listed in division (G)(3)(e)3. of this section.

(4) Nothing in this section 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 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with § 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend § 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

• (H) Requirements for food recovery and organizations and services.

(1) 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):

• (a) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

• (b) The quantity in pounds of edible food collected from each commercial edible food generator per month.

• (c) The quantity in pounds of edible food transported to each food recovery organization per month.

• (d) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

(2) 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):

• (a) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

• (b) The quantity in pounds of edible food received from each commercial edible food generator per month.

• (c) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

(3) Food recovery organizations and food recovery services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR § 18991.3(b).

(4) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR § 18991.3(b) shall report to the city it is located in the total pounds of edible food recovered in the previous calendar year from the Tier One and Tier Two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR § 18991.3(b) no later than June 1 of each calendar year.

(5) In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district 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.

(I) Requirements for contractors and facility operators.

(1) If the city finds that the public interest, convenience, and necessity so require, it may contract with any one or more qualified persons, on an exclusive or nonexclusive basis, for the collection and disposal of residential, commercial, or industrial discarded materials from generators within the city’s boundaries. In such event, such agreement shall refer to this section, insofar as the manner of collection is concerned, as it now exists or as it may hereafter be amended. Such agreement shall, in addition, provide for such contractor to collect, process, and/or dispose of all discarded materials from generators within the city, and such contractor shall have the exclusive right, privilege, and duty to collect, process, and/or dispose of all such discarded materials for the period and times specified in such agreement, upon such compensation as may be therein agreed upon between the city and such contractor. Each contractor shall meet the following requirements as a condition of approval of a contract, agreement, or similar contractual authorization with the city to collect discarded materials.

(a) All discarded materials generated within the city, with the exception of hazardous waste and hazardous substances, shall remain the property of the city until it is picked up by the contractor. Through written notice to the city annually on or before July 1, 2022, contractor shall identify the facilities to which they will transport recyclable materials, organic materials, and solid waste and shall not deliver the discarded materials to any waste-to-energy conversion facility unless specifically approved in advance by the City Manager or their designee.

(b) Transport source separated recyclable materials to a facility that recovers those materials; transport 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; and transport solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste. Notwithstanding the foregoing, contractor shall not be required to transport any containers with prohibited container contaminants to a facility, operation, activity, or property that recovers organic waste.

(c) Obtain approval from the city to haul discarded materials, unless it is transporting sources separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR § 18989.1 and division (K) of this section.

(d) The authorization of exclusive or non-exclusive contractor(s), as applicable, to collect discarded materials shall comply with any education, equipment, signage, container labeling, container color, contamination, monitoring, and reporting requirements relating to the collection of discarded materials contained within its franchise agreement with the city.

(e) Maintain a fixed place of business in or adjacent to the city and maintain a telephone service at such a place of business.

(f) Maintain an accurate list of all customers served by the contractor within the city. Such records shall be open and available for reasonable inspection by the City Manager or their designee.

(g) Ensure all vehicular equipment used by contractor is maintained in a clean and sanitary condition, and shall have prominently displayed thereon, the name, address, and telephone number of the contractor. (Prior code 24A-4). (h) Place and maintain on the outside of green, blue, and gray containers, or other equipment, in legible letters and numerals not less than one inch in height, such contractor’s name or firm name and telephone number.

(i) At all times keep in good repair and maintain in a clean and sanitary condition all green, blue, and gray containers or other equipment to the satisfaction of the health officer. (Prior code 24-5)

(2) Requirements for facility operators and community composting operations:

(a) No person shall maintain or operate any dump, waste disposal facility, or site for the disposal, transfer, or salvage of recyclable materials organic waste, or solid waste within the city; provided, that nothing contained in this section shall be construed to prohibit the disposal of agricultural or horticultural waste materials such as dead trees, bushes, and similar material at a community composting site. (Prior code 24-4).

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

(c) 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.

(d) Owners of facilities, operations, and activities located in the city’s boundaries that receive recyclable materials, organic materials, and/or solid waste shall provide to the city on a quarterly basis copy of all resorts that the owners are required to report to CalRecycle, including at minimum, those required by AB 901 and SB 1383.

(3) Any contractor operating within the city shall comply with the following collection rules:

(a) Hours of collection. Collection from commercial/industrial premises may occur Monday through Saturday. Residential collection shall not begin prior to 6:00 a.m., and commercial/ industrial collection will not begin prior to 5:30 a.m. where the commercial/industrial premises is within 500 feet of an occupied residential premises, except by approval of City Manager of his/her designee.

(b) Schedules. Each contractor shall establish and thereafter maintain an area schedule of their collection times and places. Such schedules shall be filed with the City Manager and any changes therein shall be filed with the City Manager.

(J) Requirements for self-haulers.

(1) Self-haulers shall source separate all recyclable materials and organic waste (materials that 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 §§ 18984.1 and 18984.2, and shall deliver their materials to facilities described in division (J)(2) of this section, or shall haul solid waste, including recyclable materials and organic waste, to a high diversion organic waste processing facility as specified in 14 CCR § 18984.3.

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

(3) 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:

• (a) Delivery receipts and weight tickets from the entity accepting the waste.

• (b) The amount of material in cubic yards or tons transported by the generator to each entity.

(c) 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 selfhauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

(4) Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in this division to the city if requested and within ten days of such request.

(5) A residential organic waste generator that self-hauls organic waste is not required to record or report information in this division (J).

(K) Compliance with CALGreen recycling requirements.

(1) Persons applying for a permit from the city for new construction and building additions and alterations shall comply with the requirements of this section and the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the city. If the requirements of CALGreen are more stringent then the requirements of this section, the CALGreen requirements shall apply. Project applicants shall refer to the city’s building and/or planning code for complete CALGreen requirements.

Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the city. If the requirements of CALGreen are more stringent then the requirements of this section, the CALGreen requirements shall apply. Project applicants shall refer to the city’s building and/or planning code for complete CALGreen requirements.

(2) For projects covered by CALGreen or more stringent requirements of the city, the applicants must, as a condition of the city’s permit approval, comply with the following:

(a) Where five or more multi-family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three container collection program offered by the city, or comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to §§ 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(b) New commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three container collection program offered by the city, or shall comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to §§ 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(c) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with all written and published city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

(L) Model water efficient landscaping ordinance requirements.

(1) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new (single-family, multi-family, public, institutional, or commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with §§ 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch as delineated in this division (L).

(2) The following compost and mulch use requirements that are part of the MWELO are now also included as requirements of this section. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.

(3) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in division (L)(1) above shall:

(a) Comply with § 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:

1. For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top six inches of soil are exempt from adding compost and tilling.

2. For landscape installations, a minimum three inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

3. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

(b) The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in division (L)(1) of this section shall consult the full MWELO for all requirements.

(4) If, after the adoption of this section, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, § 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

(M) Procurement requirements for city departments, direct service providers and vendors.

(1) City departments, and direct service providers to the city, as applicable, must comply with city adopted procurement policy for recovered organic waste product and recycled-content paper.

(2) All vendors providing paper products and printing and writing paper to the city shall:

(a) If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that

consists of at least 30%, by fiber weight, post-consumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items.

(b) Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

(c) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper 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 paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

(d) Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the city is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).

(e) Provide records to the city’s recovered organic waste product procurement recordkeeping designee, in accordance with the city’s recycled-content paper procurement policy(ies) of all paper products and printing and writing paper 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 in divisions (M)(2)(c) and (M)(2)(d) of this section 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 products or printing and writing papers were not provided.

(N) Inspections and investigations by city.

(1) 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 section 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 the city to enter the interior of a private residential property for inspection.

rm compliance with this section 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 the city to enter the interior of a private residential property for inspection.

(2) Generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations shall provide or arrange for access during all inspections (except for 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 section described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and operation of remote monitoring equipment (optional); or (ii) access to records for any inspection or investigation is a violation of this section and may result in penalties described.

(3) 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 § 6250 et seq. (4) City representatives, its designated entity, and/or designee are authorized to conduct any inspections, other investigations as reasonably necessary to further the goals of this section, subject to applicable laws.

(5) 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.

(O) Enforcement.

(1) Violation of any provision of this section shall constitute grounds for issuance of a notice of violation and assessment of a fine by the City Manager or their designee. Enforcement actions under this section include, but are not limited to, issuance of an administrative citation and assessment of a fine. In addition to the procedures in this division (O), the city may enforce this section consistent with the procedures in Baldwin Park Municipal Code.

(2) Other remedies allowed by law may be used for enforcement, including but not limited to 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 sufficiently large number of violations or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.

(3) Responsible entity for enforcement. Enforcement pursuant to this section may be undertaken by the City Manager or their designee authorized and legally able to undertake such action.

(a) The City Manager or their designee will interpret this section, determine the applicability of waivers, if violation(s) have occurred, implement enforcement actions, and determine if compliance stands are met.

• (b) The City Enforcement Manager or their designee may issue notice of violations(s).

• (4) Process for enforcement.

(a) The City Manager or their designee will monitor compliance with this section randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Division (N) of this section established city’s right to conduct inspections and investigations.

(b) City may issue an official notification to notify regulated entities of its obligations under the section.

• (c) Contamination prevention.

1. For incidences of prohibited container contaminants found by city or its designee in containers, city will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Prior to issuance of a notice of violation, city’s designee may provide an informal warning(s) or notice(s) of prohibited container contaminants via cart tag. Thereafter, any notice of violation shall be provided by the city via mail within two days after city determines a violation has occurred with respect to prohibited container contaminants. If the city or its designee observes prohibited container contaminants in a generator’s container on more than two occasion(s) in any calendar year staring January 1, the city may assesses an administrative fine or penalty on the generator in accordance with this division (O).

2. In addition to division (O)(4)(c)1. above, designee may implement through designee’s service rate structure a contamination service charge for customers committing incidents of prohibited container contaminants. Designee shall provide such customers with written notice and/or cart tags, or such other procedures required under any contract, agreement, or similar contractual authorization between the city and its designee, prior to levying any contamination service charge. Designee shall inform city of each customer committing incidents of prohibited container contaminants in a manner consistent with the agreement, or similar contractual authorization between the city and its designee prior to issuing a contaminating service charge. The foregoing contamination service charge shall not be considered an administrative fine or penalty. Any disputes arising from the assessment of a contamination service charge shall be adjudicated pursuant to the customer complaint resolution process provided under the terms of any contract, agreement, or similar contractual authorization between the city and its designee assigned to collect discarded materials.

(d) Except for violations of generator contaminated containers addressed under division (O)(4)(c) of this section, city shall issue a notice of violation requiring compliance with 60 days of issuance of the notice.

(e) 1. Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an enforcement action to impose penalties, via an administrative citation and fine.

2. 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.

(5) Penalty amounts for types of violations. Administrative fine levels shall be as stated in § 15.01 of Baldwin Park Municipal Code, except that should the penalties levels in § 15.01 either (i) fall below the minimum amounts stated in 14 CCR § 18997.2, then the administrative fine level shall be that which is closest to a level stated in 14 CCR § 18997.2.

(6) Compliance deadline extension considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this division (O) if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadline impracticable, including the following:

(a) Acts of God such as earthquakes, wildfires, flooding, pandemics, and other emergencies or natural disasters;

(b) Delays in obtaining discretionary permits or other government agency approvals; or

(c) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under corrective action plan with CalRecycle pursuant to 14 CCR § 18996.2 due to those deficiencies.

(7) Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to the appeal procedure in Baldwin Park Municipal Code.

(8) Education period for non-compliance. Beginning January 1, 2022, and through December 31, 2023, city will conduct inspections, route review or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance with this section, and if city determines that a generator, self-hauler, contractor, 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 section 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.

(9) Civil penalties for non-compliance. Beginning January 1, 2024, if the city determines that a generator, selfhauler, contractor, Tier One or Tier Two commercial edible food generator, food recovery organization, food recovery service, or other entity is not compliant with this section, it shall document the non-compliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.

(Ord. 1467, passed 2-16-22)