Beaumont Municipal Code Art. V Recyclable Materials, Green Waste, C&d Materials and Edible Food Recovery

A. Upon placement by the owner of recyclable material at a designated recycling collection location, or placement of recyclable materials in a container provided by the appropriate solid waste franchisee, the recyclable material becomes the property of the recycler or solid waste franchisee, by operation of state law.

B. Nothing in this Chapter shall limit the right of any person, organization or other entity to donate, sell or otherwise dispose of any recyclable material source separated from the solid waste stream owned by that person, organization or other entity, provided that the person, organization or other entity does not pay the buyer or donee any consideration for collecting, processing or transporting such recyclable material, or a consulting or broker's fee for recycling services.

(Ord. No. 1143, § 2(Exh. A), 11-16-2021, eff. 1-1-2022)

Landscapers may collect, transport and compost or dispose of green waste without obtaining a self-haul permit, provided that any such green waste is generated by their own specific work site and transported to a site permitted by CalRecycle or exempt from permitting..

Landscapers shall not contract with a solid waste enterprise to collect, transport and compost or dispose of green waste unless that solid waste enterprise has a franchise from the City to perform said services.

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

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

(Ord. No. 1143, § 2(Exh. A), 11-16-2021, eff. 1-1-2022)

Licensed contractors performing work within the scope of their licenses within the City may collect, transport and dispose or recycle self-generated construction and demolition materials without obtaining a self-haul permit, provided that the licensed contractor adheres to the standards for disposal of construction and demolition material provided in the California Green Building Standards Code (California Code of Regulations Title 24, Part 11). Construction and demolition materials must be transported to a landfill or recycling facility permitted by CalRecycle or exempt from permitting.

Licensed contractors shall not contract with a solid waste enterprise to collect, transport and dispose or recycle of construction and demolition materials unless that solid waste enterprise has a franchise from the City to perform said services.

(Ord. No. 1143, § 2(Exh. A), 11-16-2021, eff. 1-1-2022)

Back-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste.

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

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

(Ord. No. 1143, § 2(Exh. A), 11-16-2021, eff. 1-1-2022)

A. Tier one commercial edible food generators must comply with the requirements of this section January 1, 2022, and tier two commercial 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: (a) the collection of edible food for food recovery; or (b) 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 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. Commencing no later than January 1, 2022, for Tier One Commercial Edible Food Generators and January 1, 2024, for Tier Two Commercial Edible Food Generators, Commercial Edible Food Generators shall provide a quarterly Food Recovery report to the City which includes the information required in 14 CCR Section 18991.4 "Record Keeping Requirements for Commercial Edible Food Generators."

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. 1143, § 2(Exh. A), 11-16-2021, eff. 1-1-2022)

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR 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. Food recovery organizations and food recovery services that have their primary address physically located in the Jurisdiction and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall annually 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 Section 18991.3(b) no later than April 1.

D. In order to support edible food recovery capacity planning assessments or other studies conducted by the county and 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 60 days unless a shorter timeframe is otherwise specified by the City.

E. Commencing no later than January 1, 2022, Food Recovery Services and Organization shall provide a quarterly report to the City which includes the information required in 14 CCR Section 18991.5 "Food Recovery Services and Organizations."

(Ord. No. 1143, § 2(Exh. A), 11-16-2021, eff. 1-1-2022)