Banning Municipal Code Art. I In General

For the purposes of this chapter, the following terms, and their derivations, shall have the meanings respectively ascribed to them by this section. Terms not defined in this section and defined elsewhere in this Code shall have the same meanings in this chapter unless the context otherwise requires. In the event of a conflict between a definition in this Code and a definition in 14 CCR Section 18982, the definition in Section 18982 shall control for the purposes of this chapter. Additionally, for the purposes of this chapter, the definitions in 14 CCR Section 18982 shall control for terms used in this chapter and not defined in this Code. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded and replaced from time to time.

"Authorized collector" means a solid waste enterprise operating under the provisions of a collection agreement approved by the city council. An authorized collector is a hauler.

"Biohazardous waste" or "biomedical waste" means waste which may cause disease or reasonably be suspected of harboring pathogenic organisms, including waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, Sharps, contaminated clothing and surgical gloves.

"Blue container" has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of source separated recyclable materials. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of source separated recyclable materials and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) shall be deemed to be blue containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.

"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of the CCR).

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

"City" means the City of Banning.

"City enforcement official" means the public works director or authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.

"Code" means the Banning Municipal Code.

"Collection agreement" means an agreement between the city and a solid waste enterprise, entered into pursuant to Article III of this chapter.

"Collection services" means the collection of solid waste, including organic waste, and source separated recyclable materials, including by a solid waste enterprise pursuant to a collection agreement.

"Commercial business" or "commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling that consists of five or more units; or, as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.

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

"Community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

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

"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4).

"Container" shall mean any bin, box or cart used for the purpose of holding solid waste or recyclables for collection.

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

"County" means the County of Riverside.

"C&D" means construction and demolition debris, including, but not limited to, used or discarded materials resulting from construction or demolition operations or any type of structure debris.

"Designee" means an entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

"Downtown" means the main business and commercial area of the city bounded on the east by Hargrave Street, on the west by Sunset Avenue, on the south by Interstate-10 (I-10), and on the north by Williams Street.

"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

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

"Excluded waste" means biohazardous or biomedical waste, hazardous waste, sludge, universal waste, used cooking FOG (fats, oil, grease, and similar materials), explosives, firearms, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission. Excluded waste also includes any material that is prohibited from being collected, transported, or processed by an authorized collector or disposed of in Class III landfills, or that would, as a result of or upon collection, transportation, processing and/or disposal, be a violation of applicable law or would present a significant risk to human health or the environment, or requires special handling. Excluded waste also includes materials containing information (in hard copy or electronic format, or otherwise) which information is protected or regulated under any local, state or federal privacy or data security laws, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996, as amended.

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

"Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.

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

"Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities; or, as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

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

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

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

A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery; or, as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"Food scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps exclude excluded waste.

"Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations; or, as otherwise defined in 14 CCR Section 18982(a)(27).

"Food-soiled paper" means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

"Food waste" means food scraps and food-soiled paper if food-soiled paper is accepted by an organic waste food processing facility.

"Generator" means a person or entity that is responsible for the initial creation of solid waste, and with respect to organic waste, means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

"Gray container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of gray container waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of gray container waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28) shall be deemed to be gray containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.

"Gray container waste" means solid waste that is collected in a gray container that is part of the city's three-container collection services that prohibits the placement of organic waste in the gray container, as specified in 14 CCR Sections 18984.1(a) and (b); or, as otherwise defined in 14 CCR Section 17402(a)(6.5). Notwithstanding the preceding sentence, gray container waste includes carpets and textiles.

"Green container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of source separated green container organic waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of source separated green container organic waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) shall be deemed to be green containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.

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

"Hauler" means a person who collects material from a generator and delivers it to a reporting entity, end user, or a destination outside of the State. "Hauler" includes an authorized collector, public contract haulers, food waste self-haulers, and self-haulers. A person who transports material from a reporting entity to another person is a transporter, not a hauler. "Hauler route" means the designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

"Hazardous waste" means any material which is defined as a hazardous substance or hazardous waste under state or United States laws or any regulations promulgated pursuant to such laws, as such laws or regulations may be amended from time to time.

"Hazardous wood waste" has the same meaning as in 14 CCR Section 18982(a)(30.5).

"High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

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

"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

"Large items" means solid waste that cannot and/or would not typically be accommodated within a cart including specifically: furniture (including chairs, sofas, mattresses, and rugs); appliances (including refrigerators with and without Freon, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as "white goods"); and bundled residential wastes (including wood waste, tree branches, scrap wood, in the aggregate not exceeding one cubic yard per collection). Large items may specifically include items commonly known in the waste industry as "brown goods" and "e-waste" (including, without limitation all types of electronic waste, stereos, televisions, computers and monitors, cellular phones, VCRs, microwaves and other similar type of equipment and products). Large items do not include car bodies, C&D, hazardous waste, or (with the exception of appliances/white goods described above) items that cannot safely be loaded and unloaded into a vehicle by one person using equipment of the type which, pursuant to industry standards, would normally be carried in a vehicle used in collecting large items.

"Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

"Local education agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

"Multi-family residential dwelling" or "multi-family" means of, from, or pertaining to premises with five or more dwelling units. Multi-family residential dwellings do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

"MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

"Non-compostable paper" includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

"Non-organic recyclables" means non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics, and glass; or, as otherwise defined in 14 CCR Section 18982(a)(43).

"Notice of violation" or "NOV" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties; or, as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

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

"Overage" means excess solid waste or source separated recyclable materials placed inside a container that prevents the lid on the container from being completely closed (i.e., lid remains open greater than ten inches) or material that is not placed in the container.

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

"Person" means any individual, association, firm, partnership, corporation, organization, or any other group or combination thereof acting as a unit.

"Premises" means any land or building in the city where solid waste is generated or accumulated.

"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 Section 18982(a)(54).

"Prohibited container contaminants" means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container, including carpet, hazardous wood waste and non-compostable paper; (iii) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in city's green container or blue container; and, (iv) excluded waste placed in any container; or, as otherwise defined in 14 CCR Section 18982(a)(55).

"Public works director" means the public works director of the city or his or her designee.

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

"Residual" means waste material remaining after the processing of organic waste at an organic waste processing facility or the processing of recyclable materials at a recyclables processing facility that is sent to a disposal facility for disposal.

"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption; or, as otherwise defined in 14 CCR Section 18982(a)(64).

"Route review" means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras; or, as otherwise defined in 14 CCR Section 18982(a)(65).

"Self-hauler" means a commercial business that hauls solid waste, including organic waste or recyclable materials, the commercial business has generated to another person in accordance with the requirements of the Code, including this chapter. Self-hauler also includes a commercial business back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). Self-hauler also includes a commercial business that is a gardening, landscaping or tree trimming company which provides removal service as an incidental part of the total service offered.

"Sharps" means medical devices that have acute rigid corners, edges or protuberances capable of cutting or piercing, including, but not limited to, hypodermic needles, hypodermic needles with syringes, needles with attached tubing, or acupuncture needles.

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

"Sludge" means the accumulated solids, residuals, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar disposal appurtenances or any other such waste having similar characteristics or effects.

"Solid waste" includes organic waste, recyclables, C&D, large items, food waste, gray container waste, source separated blue container organic waste and source separated green container organic waste, and has the same meaning as defined in Public Resources Code Section 40191, which, as of the effective date of the ordinance amending and restating this chapter, defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

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

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

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

"Solid waste enterprise" means any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing collection services.

"Source separated" means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace; or, as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, source separated shall also mean the separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste for the purposes of collection and additional sorting or processing of those materials.

"Source separated blue container organic waste" means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR 17402(a)(26.7) or specified in 14 CCR Sections 18984.1 (a) and (b). Source separated blue container organic waste excludes source separated green organic waste, but includes paper products, printing and writing paper, wood and dry lumber and textiles unless otherwise specified by the city.

"Source separated green container organic waste" means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator. Source separated green container organic waste excludes source separated blue container organic waste, carpets, non-compostable paper, and textiles.

"Source separated recyclable materials" means source separated non-organic recyclables and source separated blue container organic waste.

"State" means the State of California.

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items; or, as otherwise defined in 14 CCR Section 18982(a)(71).

"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73):

1. Supermarket.

2. Grocery store with a total facility size equal to or greater than ten thousand square feet.

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(74):

1. Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.

2. Hotel with an on-site food facility and two hundred or more rooms.

3. Health facility with an on-site food facility and one hundred or more beds.

4. Large venue.

5. Large event.

6. A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.

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

"Universal waste" means any waste matter which the state classifies as "universal waste," including, but not limited to, items and materials listed in 22 CCR 66261.9, as well as the following: batteries, thermostats, lamps with fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and other lamps with hazardous waste characteristics, cathode ray tubes, aerosol cans, mercury-containing items, prescription and non-prescription drugs, not including controlled substances.

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

"Work day" means any day, Monday through Saturday.

(Ord. No. 1576, § 2, 10-12-21)

Generators, commercial edible food generators, food recovery organizations, food recovery services, haulers, and owners of facilities, operations and activities that recover organic waste are subject to the Act and the SB 1383 Regulations. The foregoing shall fully comply with all applicable requirements of the Act, SB 1383 Regulations, this chapter, and any collection agreement in effect.

(Ord. No. 1576, § 2, 10-12-21)

The owners or persons in control of any private premises within the city shall at all times maintain the premises free of accumulations of solid waste and source separated recyclable materials; provided, that this section shall not be construed as interfering with any building under a building permit or with wood neatly piled for kitchen or household use.

(Ord. No. 1576, § 2, 10-12-21)

A. The owners or persons in control of private premises within the city shall keep the public property abutting or adjacent to said premises, including streets, public rights-of-way, sidewalks and parkways, free of solid waste and source separated recyclable materials, except as allowed pursuant to this chapter or a collection agreement or while such person is temporarily engaged in cleaning the public or private property of solid waste or improving said public or private property.

B. No person shall sweep into, or deposit, in any public place within the city solid waste from any private or public property.

(Ord. No. 1576, § 2, 10-12-21)

No person shall deposit solid waste or source separated recyclable materials on any vacant property within the city, whether or not said vacant property is owned by such person.

(Ord. No. 1576, § 2, 10-12-21)

No solid waste or other matter shall be burned in the open air upon any premises within the city in such manner that the by-products of the burn are introduced into the air unless such burn has first been approved by the applicable air quality management district and fire department.

(Ord. No. 1576, § 2, 10-12-21)

Prior arrangements shall be made for any overage set out for collection and shall be pre-approved by the authorized collector.

(Ord. No. 1576, § 2, 10-12-21)

There will be no collection services provided on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. In any week in which one of these holidays falls on a work day collection services for the holiday and each work day thereafter will be delayed one work day for the remainder of the week with normally scheduled Friday collection Services being performed on Saturday. Commercial collection services will be adjusted pursuant to the authorized collector's collection agreement with the city, but shall meet the minimum frequency requirements of one time per week.

(Ord. No. 1576, § 2, 10-12-21)

Single-family generators shall comply with the following requirements:

A. Shall subscribe to city's three-container collection services for all solid waste, including source separated recyclable materials, source separated green container organic waste, and gray container waste, generated, as described below in paragraph (b) of this Section and shall comply with requirements of those services as described below in paragraph (b). The city shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials and single-family generators shall adjust their service level for their collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste and managing organic waste on site and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

B. Shall participate in the city's three-container collection services by placing designated materials in designated containers as follows and shall not place prohibited container contaminants in containers: Generators shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials (which includes source separated non-organic recyclables and source separated blue container waste) in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.

C. Generators may sell or donate source separated recyclable materials, organic waste, and large items by other appropriate means, including, but not limited to, taking source separated recyclable materials, organic waste, or large items to drop-off facilities and donating or selling such items to private or public entities provided the generator is not charged for nor pays for collection services for source separated recyclable materials or organic waste in accordance with applicable law.

(Ord. No. 1576, § 2, 10-12-21)

Generators that are commercial businesses, including multi-family residential dwellings, shall comply with the following requirements:

A. Shall subscribe to city's three-container collection services for all solid waste, including source separated recyclable materials, source separated green container organic waste, and gray container waste, generated, as described below in paragraph (b) of this section and comply with requirements of those services as described below in paragraph (b), except commercial businesses that meet the self-hauler requirements in Section 8.28.150 of this chapter. The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial generators shall adjust their service level for their collection services as requested by the city.

B. Shall, except commercial businesses that meet the self-hauler requirements in Section 8.28.150 of this chapter, participate in the city's three container collection services by placing designated materials in designated containers as described below and shall not place prohibited container contaminants in containers.

1. Generators shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials (which includes source separated non-organic recyclables and source separated blue container waste) in the blue container; and gray container waste in the gray container. Generator shall not place materials designated for the gray container into the green container or blue container.

C. Shall supply and allow access to adequate number, size and location of containers with sufficient labels or colors (conforming with paragraphs (d)(1) and (d)(2) below) for employees, contractors, tenants, and customers, consistent with the city's blue container, green container, and gray container collection services or, if self-hauling, per the commercial businesses' instructions to support compliance with its self-haul program, in accordance with Section 8.28.150 of this chapter.

D. Shall, excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

1. A body or lid that conforms with the container colors provided through the collection services provided by city. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

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

E. Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in subsection (d), above, pursuant to 14 CCR Section 18984.9(b).

F. To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's blue container, green container, and gray container three container collection services or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.28.150 of this chapter.

G. 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 prohibited container contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

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

I

Provide education information before or within fourteen 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 and the location of containers and the rules governing their use at each property.

J. Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with Section 8.28.290 of this chapter to confirm compliance with the requirements of this chapter.

K. If a commercial business wants to self-haul, meet the self-hauler requirements in the Code and Section 8.28.150 of this chapter.

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

M. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.28.120 of this chapter.

N. Generators may sell or donate source separated recyclable materials and organic waste by other appropriate means, including, but not limited to, taking source separated recyclable materials or organic waste to drop-off facilities and donating or selling such items to private or public entities provided the generator is not charged for nor pays for collection services for source separated recyclable materials or organic waste in accordance with applicable law.

(Ord. No. 1576, § 2, 10-12-21)

A. De Minimis Waivers. The city may waive a commercial generator's obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial generator provides documentation that the business generates below a certain amount of organic waste material as described below. Commercial generators requesting a de minimis waiver shall:

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

2. Provide documentation that either:

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

b. The commercial generator's total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the generator's total waste.

c. For the purposes of subsections (A) and (B) of this section, total solid waste shall be the sum of weekly gray container waste, source separated recyclable materials and source separated green container organic waste measured in cubic yards.

3. Notify the city if circumstances change such that the commercial generator's organic waste exceeds the threshold required for waiver, in which case the waiver will be rescinded.

4. Provide written verification of eligibility for a de minimis waiver every five years, if the city has approved a de minimis waiver.

B. Physical Space Waivers. The city may waive a commercial generator's or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the blue containers and/or green containers required for compliance with Section 8.28.100 of this chapter.

A commercial generator or property owner may request a physical space waiver through the following process:

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

2. Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from the authorized collector, licensed architect, or licensed engineer.

3. Notify the city if circumstances change such that the commercial generator is no longer eligible for a physical space waiver, in which case the waiver will be rescinded.

4. Provide written verification to the city that it is still eligible for a physical space waiver every five years, if the city has approved application for a physical space waiver.

C. The public works director will be responsible for review and approval of waivers.

(Ord. No. 1576, § 2, 10-12-21)

A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

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

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

1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

2. Contract with, or enter into a written agreement with, food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

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

4. Allow the city's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

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

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

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

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

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

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

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

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

6. If the public works director makes a request, then within thirty days of the request, tier one commercial edible food generators and tier two commercial edible food generators shall provide a food recovery report to the city that includes the following information:

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

b. The quantity of food, measured in annual pounds recovered, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

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

d. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 1576, § 2, 10-12-21)

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

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

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

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

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

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

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

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

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

C. No later than March 31st of each year, commencing March 31, 2023 food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).

D. Food Recovery Capacity Planning. In order to support edible food recovery capacity planning assessments or other studies conducted by the city 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 thirty days, unless a shorter timeframe is otherwise specified by the city.

(Ord. No. 1576, § 2, 10-12-21)

A. Requirements for Haulers.

1. Haulers providing residential, commercial, or industrial collection services to generators within the city's boundaries shall meet the requirements and standards of 14 CCR, Division 7, Chapter 12 as a condition of approval of a collection agreement or other authorization to collect organic waste.

2. Through written notice to the city, haulers shall identify the facilities to which they will transport source separated non organic recyclables and solid waste, including source separated blue container organic waste, source separated blue green container organic waste and gray container waste.

3. Haulers providing organic waste collection services shall comply with the applicable requirements of 14 CCR, Division 7, Chapter 12, Article 3.

4. Haulers providing residential, commercial industrial organic waste collection services shall transport organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

5. Haulers providing residential, commercial industrial organic waste collection services shall obtain approval of the city pursuant to 14 CCR Section 18988.1 and keep a record of the documentation of its approval by the city.

B. Paragraph (a) of this Section 8.28.140 is not applicable to a hauler that consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the Public Resources Code, is transporting source separated organic waste to a community composting site or to a hauler that is lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and applicable requirements of this Code.

C. Requirements for Facility Operators and Community Composting Operations.

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

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

(Ord. No. 1576, § 2, 10-12-21)

A. In addition to any other requirements in the Code, self-haulers shall source separate solid waste, including source separated recyclable materials, source separated green container organic waste and gray container waste (materials that the city otherwise requires generators to separate for collection in the city's collection services) generated on-site in a manner consistent with 14 CCR Section 18984.1 and in compliance with the requirements in 14 CRR Section 18988.3, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

B. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers Source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

C. Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste.

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

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

D. Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in paragraph (c) of this section to the city, if requested.

(Ord. No. 1576, § 2, 10-12-21)

In addition to any other requirements of this chapter or the Code, the following requirements also apply:

A. For projects covered by the California Green Building Standards Code, 24 CCR, Part 11, the applicants must, as a condition of the city's permit approval, comply with the following:

1. 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 Sections 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 July 1, 2019 and effective January 1, 2020.

2. Where new commercial construction or additions will result in more than thirty percent of the floor area, 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 Sections 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 July 1, 2019 and effective January 1, 2020.

B. For organic waste commingled with C&D, the requirements of 24 CCR Sections 4.408.1 and 5.408.1, as amended July 1, 2019 and effective January 1, 2020 shall be complied with.

(Ord. No. 1576, § 2, 10-12-21)

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 five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch, as amended September 15, 2015.

(Ord. No. 1576, § 2, 10-12-21)