Belvedere Municipal Code Ch. 8.08 Solid Waste Storage, Collection and Disposal

SOLID WASTE STORAGE, COLLECTION AND DISPOSAL

• Sections: 8.08.010 Definitions. 8.08.020 Purpose. 8.08.030 Disposal of solid waste—Generally. 8.08.040 Duty to subscribe to collection service. 8.08.050 Requirements for single-family organic waste generator. 8.08.060 Requirements for commercial organic waste generator, including multifamily. 8.08.065 Waivers. 8.08.070 Requirements for commercial edible food generators. 8.08.080 Food recovery organization and food recovery service requirements. 8.08.090 Requirements for haulers. 8.08.100 Self-hauler requirements. 8.08.110 Compliance with CALGreen recycling requirement. 8.08.120 Reserved. 8.08.130 Inspections. 8.08.140 Enforcement. 8.08.150 City contracts for collection services. 8.08.160 Duty of collector—Regulation and supervision of collection. 8.08.170 Responsibility and liability of collector—Liability insurance required. 8.08.180 Performance bond. 8.08.190 Exclusive rights of the collector.

• 8.08.200 Rates and charges. 8.08.210 Establishment of routes and times for collection.

• 8.08.220 Emergency removal of solid waste. 8.08.230 Transportation of solid waste in City.

• 8.08.240 Receptacle location.

For purposes of this chapter, the following definitions apply:

“Act” means the California Integrated Waste Management Act of 1989 (commencing with Section 40000 of the Public Resources Code), as amended, including, but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 adopted 2008, the Mandatory Commercial Organics Recycling Act of 2014 (SB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and applicable implementing regulations from the California Department of Resources Recycling and Recovery (“CalRecycle”).

“Blue container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of blue container organic waste, which is solid waste that is collected in a blue container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the blue container as specified in 14 CCR Section 18984.1.

“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.

“Collect” or “collection” means the process whereby solid waste is removed from the place of generation for transportation to a solid waste facility or other recovery activity.

“Commercial business” or “commercial” means a firm, partnership, proprietorship, joint stock company, corporation, or association, whether for-profit or nonprofit, a multifamily residential dwelling, or as otherwise defined in 14 CCR 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a

commercial business for purposes of this chapter.

“Commercial edible food generator” means a tier one or a tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). Food recovery organizations and food recovery services are not commercial edible food generators.

“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 feed stock 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).

“Compost” shall have the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this chapter, that “compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

“Compostable plastics” or “compostable plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

“Construction and demolition debris” or “C&D” means used and discarded materials resulting from construction, renovation, remodeling, repair, demolition, excavation, or construction cleanup operations.

“Container” means any bin, box, cart, or similar vessel used for the purposes of holding solid waste 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).

“Debris box” means any ten- to forty-cubic-yard container or any compactor provided by a solid waste generator placed in the public right-of-way, on City property, private property, or elsewhere in the City’s service area, which is procured by a solid waste generator for its use in the collection of its solid waste. Debris boxes are serviced by means of lifting the entire container, including contents, onto a designated collection vehicle.

“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, or an enforcement agency delegated by the City, to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

“Excluded waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that would reasonably present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the Public Resources Code.

“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; or

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 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 waste” means food scraps and trimmings from food preparation, storage, production, or similar activity, including, but not limited to, meat, fish, and dairy waste, fruit and vegetable waste, grain waste, and acceptable food packaging items such as pizza boxes, paper towels, and food contaminated paper products.

“Garbage” means all nonrecyclable waste, debris, or refuse, not including any type of hazardous materials or excluded waste.

“Gray container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste, which is solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Section 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

“Green container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of separated green container organic waste.

“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 waste materials or mixture of wastes defined as such pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., and Section 25110.02, 25115 or 25117 of the Health and Safety Code, all implementing regulations, and any successor statutes, or as defined by the

Environmental Protection Agency, the California Environmental Protection Agency, and/or the California Integrated Waste Management Board, or similar State or Federal agency. Where there is a conflict in the definitions by two or more agencies having jurisdiction, the term shall be construed to have the broader definition. “Hazardous waste” does not mean or include household hazardous waste.

“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).

“Household hazardous waste” means materials that the authorized collector may designate from time to time as eligible for curbside pickup but inappropriate for collection with regular pickup and that are commonly generated by residential customers. Examples include, without limitation, consumer electronic waste, including computers, monitors, printers and cell phones, latex paint, used motor oil, oil filters, common household batteries (but not car batteries), fluorescent lightbulbs under four feet in length, and nonempty aerosol cans.

“Inspection” means a site visit where a jurisdiction or its designee or designated entity reviews records, containers, and an entity’s collection, handling, recycling, or disposal of solid waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

“Multifamily dwelling” means dwellings that include five or more individual living units that receive and pay authorized collector’s invoices as a single collective bill.

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

“Nonorganic recyclables” means nonputrescible and nonhazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

“Organic waste” means solid 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 Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

“Organic waste generator” means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

“Prohibited container contaminants” means (1) discarded materials placed in the designated recyclables container that are not identified as acceptable source separated recyclables for the City’s designated recyclables collection container; (2) discarded materials placed in the designated organic materials collection container that are not identified as acceptable source separated organic materials for the City’s designated organic materials collection container; (3) discarded materials placed in the garbage container that are acceptable source separated recyclables and/or source separated organic materials to be placed in City’s designated organic materials collection container and/or designated recyclables collection container; and (4) exempt waste placed in any container.

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

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

“Recyclable materials, source separated” means materials that are separated to be processed into a form suitable for reuse, and designated to be separated from the waste stream for purposes of recycling, which designation shall be made the City and the authorized collector, consistent with materials designated by State law.

“Recycled-content paper” means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

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

“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

“SB 1383 regulations” or “SB 1383 regulatory” means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of Titles 14 and 27 of the CCR.

“Self-hauler” means a person who hauls solid waste, organic waste or recyclable material he or she has generated to another person. “Self-hauler” also includes a person who backhauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). “Backhaul” means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

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

“Solid waste” has the same meaning as defined in Section 40191 of the Public Resources Code, which defines “solid waste” as all putrescible and nonputrescible solid and semisolid wastes, including garbage, recyclable materials, organic materials, demolition and construction wastes, bulky waste, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid 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 Section 40141 of the Public Resources Code; (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 Section 40195.1 of the Public Resources Code. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the Public Resources Code. Recyclable materials and organic materials are a part of solid waste.

“Solid waste collection service” means collection of solid waste originating in the City, by persons, firms or corporations, and doing so under a contract or franchise agreement with the City.

“Source separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter,

“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.

“Tier one commercial edible food generator” means a commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a):

1. Supermarkets with gross annual sales of two million dollars or more.

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

3. “Food service provider,” which 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.

4. “Wholesale food vendor,” which 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.

5. “Food distributor,” which means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.

“Tier two commercial edible food generator” means a commercial edible food generator that is one of the following:

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,” which 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.

5. “Large event,” which 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.

6. A State of California 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. “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). (Ord. 2022-03 § 2, 2022.)

The purpose of this chapter is to prevent actual or public health hazards and nuisances by the regulation of the accumulation, collection, and disposal of solid waste and the licensing of persons and entities engaged therein, and to comply with the Act as defined in this chapter. (Ord. 2022-03 § 2, 2022.)

It is unlawful for any person to keep, deposit, bury, or dispose of any solid waste in or upon any private property, public street, alley, sidewalk, gutter, park, upon the banks of any stream, creek, or other body of water in the City, or in or upon any of the waters thereof, except as provided in this chapter. Every person having the obligation of the disposal of solid waste as provided in this chapter shall dispose of the same only through the authorized collector or as may be expressly permitted by this chapter. (Ord. 2022-03 § 2, 2022.)

Every tenant, lessee, or occupant of any premises, including, but not limited to, any dwelling, ark, barge, or watercraft, and the keeper, operator, or manager of any hotel, restaurant, yacht club, yacht harbor, or other building or place where meals are furnished, within the City shall subscribe to the City-authorized collector for at least once each week service, and shall pay the collector for said collection service at the monthly rates provided therefor. (Ord. 2022-03 § 2, 2022.)

Except those that meet the self-hauler requirements in this chapter, single-family organic waste generators shall:

A. Subscribe to City’s organic waste collection services for all organic waste. 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.

B. Participate in the City’s organic waste collection service by placing designated material in designated containers as required, and shall not place unauthorized materials in collection containers. Generators shall place source separated green container organic waste in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. (Ord. 2022-03 § 2, 2022.)

Generators that are commercial generators which pursuant to SB 1383 include multifamily dwellings shall:

A. Subscribe to the City’s organic waste collection services for all organic waste as described below, except those that meet the self-hauler requirements 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 businesses shall adjust their service level for their collection services as requested by the City.

B. Participate in the City’s organic waste collection service by placing designated material in designated containers as required, and shall not place unauthorized materials in collection containers. Generators shall place source separated green container organic waste in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container.

C. Supply and allow access to an adequate number, size, and location of containers with sufficient labels or colors in compliance with the act for employees, contractors, tenants, residents, and customers, consistent with the applicable color-coded collection service.

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

1. A body or lid that conforms with the container colors provided through the collection service provided by the City. A commercial generator 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 to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

E. Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirement pursuant to 14 CCR Section 18984.9(b).

F. To the extent practical through education, training, inspection, and/or other measures, excluding multifamily dwellings, prohibit employees from placing materials in a container not designated for those materials.

G. Excluding multifamily dwellings, periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

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

I. Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements regarding source separated materials and appropriate container sorting, and the location of containers and the rules governing their use at each property.

J. Provide or arrange access for the City or designee to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.

K. If implemented, accommodate and cooperate with the City’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator’s compliance with this chapter.

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

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 Section 18984.9(c).

N. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements of this chapter. Full-service restaurants which are not under tier two commercial edible food generators are exempt from the recycling requirements of this section if the full-service restaurant, on or before July 1, 2020, provides its employees a commercial solid waste recycling bin or container to collect material purchased on the premises and implements a program to collect recyclable commercial solid waste. (Ord. 2022-03 § 2, 2022.)

A. Pursuant to 14 CCR Section 18984.11, the City may grant waivers to commercial businesses for physical space limitations and/or de minimis volumes. Commercial businesses seeking a waiver shall submit their requests in a form specified by the City Manager or his/her designee. After reviewing the waiver request, and after an on-site review, if applicable, the City Manager or his/her designee may either approve or deny the following waiver requests.

1. De Minimis Waivers. The City may waive a commercial business’s obligation to comply with some or all the requirements of Section 8.08.050 if the commercial business meets the following requirements:

   • a. Submit an application specifying the type of waiver requested and provide documentation as described below.

   • b. Provide documentation that either:

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

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

iii. Notifies the City if circumstances change such that commercial business’s organic waste exceeds the threshold required for waiver, in which case waiver will be rescinded.

2. Physical Space Waivers. The City may, at its discretion, waive a commercial business’s or property owner’s obligations (including multifamily dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter.

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

• 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 lack 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 that it is still eligible for physical space waiver every five years, if the City has approved application for a physical space waiver.

3. Collection Frequency Waivers. The City, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City’s organic waste collection service to arrange for the collection of their containers once every fourteen days, rather than once per week. (Ord. 2022-03 § 2, 2022.)

• Code reviser’s note: Ord. 2022-03 added this section as 8.08.060. It has been editorially renumbered to

• avoid duplication of numbering.

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, as defined in Section 8.08.010, 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 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); and

   • c. A record of the following information for each of those food recovery services or food recovery organizations: the name, address and contact information of the food recovery service or food recovery organization; the types of food that will be collected for or by or self-hauled to the food recovery service or food recovery organization; the established frequency that food will be collected or self-hauled; and the quantity of food, measured in pounds, recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

D. Nothing in this 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 amended Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 2022-03 § 2, 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; and

   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; and

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

C. Commencing January 1, 2022, food recovery organizations and food recovery services that have their primary address physically located in the City and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b), as applicable.

• D. Food Recovery Capacity Planning.

1. Food Recovery Services and Food Recovery Organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the City that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City shall respond to such request for information within sixty days, unless a shorter time frame is otherwise specified by the City.

2. Commencing no later than January 1, 2022, food recovery services and organizations 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. 2022-03 § 2, 2022.)

A. Requirements for Haulers.

1. Exclusive franchised haulers shall provide residential, commercial, or industrial organic waste collection services to generators within the City’s boundaries and shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect organic waste:

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

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

• c. Obtain approval from the City to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and this code.

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

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

• B. Requirements for Facility Operators and Community Composting Operations.

1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon the City’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 sixty days.

2. Community composting operators, upon City request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within sixty days. (Ord. 2022-03 § 2, 2022.)

A. Self-haulers shall source separate all recyclable materials and organic waste (materials that the City otherwise requires generators to separate for collection in the City’s organics and recycling collection program) generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

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

C. Self-haulers that are commercial businesses (including multifamily 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 multifamily self-haulers) shall provide information collected above to the City or designee if requested. (Ord. 2022-03 § 2, 2022.)

A. Persons applying for a permit from the City for new construction and building additions and alternations shall comply with the requirements of this section and all required components of 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. 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.

B. For projects covered by CALGreen or more stringent requirements of the City as applicable, the applicants must, as a condition of the City’s permit approval, comply with the following:

1. Where five or more multifamily 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 materials, consistent with the collection program offered by the City, or comply with provision of adequate space for recycling for multifamily 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, provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

2. New commercial construction or additions resulting in more than thirty percent 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 prevision of adequate space for recycling for multifamily 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; provided, that amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

3. 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 City’s C&D ordinance, and all written and published City policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D. (Ord. 2022-03 § 2, 2022.)

A. The City Manager and his/her designee are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multifamily dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section alone does not allow the City to enter the interior of a private residential property for inspection.

B. Any person subject to this chapter shall provide or arrange for access during all inspections (with the exception of a private residential dwelling unit) and shall cooperate with the City or designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure to provide or arrange for: (1) access to the premises; (2) installation and operation of remote monitoring equipment, if such a program is adopted; or (3) access to records for any inspection or investigation is a violation of this chapter and may result in penalties.

C. Any records obtained by the City during its inspections, remote monitoring (if adopted), and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Section 6250 et seq. of the Government Code.

D. The City, authorized collector or designee shall accept written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints. The City shall administratively develop a system to accept anonymous complaints and require that all complaints be made in writing with the information specified in the SB 1383 regulations. (Ord. 2022-03 § 2, 2022.)

A. The City Manager shall make such rules and interpretation of the terms of this chapter not inconsistent with the provisions of this chapter as may be necessary and reasonable. The enforcement official for this chapter shall be the City Manager or his/her designee, designated entity, legal counsel, or combination thereof.

B. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by the City’s code enforcement officer or his/her designee. Enforcement actions under this chapter are subject to the issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines, Chapter 1.15, are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated.

C. The City may also use all other remedies allowed by law including Chapter 1.14, Administrative Remedies for Code Violations; Chapter 8.12, Nuisance Abatement; and/or any successor or future related section of this code, and also including civil action or prosecution as a misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations, fines, and costs including attorneys’ fees. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations, exist such that court action is a reasonable use of City staff and resources. A violation of any provision of this chapter shall constitute an infraction and a public nuisance. Remedies are cumulative and nonexclusive. Each separate day or any portion thereof on which a violation occurs shall be deemed to constitute a separate punishable offense. (Ord. 2022-03 § 2, 2022.)

The City Council may, with or without having invited bids therefor, enter into a contract with any responsible person or entity to be the authorized collector under this chapter. The term of such contract, rates of collection and other provisions of such contract shall be as provided by resolution of the City Council. Where such a contract has been entered into between the City and a contractor for the collection, removal and disposal of solid waste, and such contractor shall have satisfactorily performed such contract, the City Council without inviting bids or proposals therefor and without giving notice of its intention to do so may, either prior to or after the expiration of such contract, extend or renew the same for such a period and on such terms and conditions as the City Council shall provide by resolution. (Ord. 2022-03 § 2, 2022.)

The authorized collector shall provide solid waste collection services to all customers situated within the City; provided, that payment for service is made. The City Council may establish standard regulations for the methods of collection of solid waste service charges, including the enforcement thereof. The City Manager or his/her designee shall supervise the collection services by the authorized collector. (Ord. 2022-03 § 2, 2022.)

The authorized collector shall be considered as and shall be an independent contractor and shall be responsible to the City for the result of the work to be done, but shall act under collector’s own directions as to the manner of performing this work. Collector shall keep itself and its employees insured against all liability under State workers’ compensation and employee liability insurance, commercial general liability, compensation and safety laws, and against public liability and property damage (including such liability for use or operation of motor vehicles used in the performance of work hereunder). Such public liability insurance shall be in a form and manner and to the extent satisfactory to the City. (Ord. 2022-03 § 2, 2022.)

Prior to execution of any contract authorizing any person or entity to act as the authorized collector under this chapter, said person or entity shall file with the City a bond for the faithful performance of the contract in an amount reasonably determined by the City Manager. (Ord. 2022-03 § 2, 2022.)

A. An award of a contract under this chapter shall confer upon the person or entity to whom the contract is awarded the exclusive right to serve as the authorized collector under this chapter during the terms of the contract, to collect, transport, and dispose of solid waste, subject only to such exceptions as are specifically set forth in this chapter, or the City’s contract with the authorized collector. All provisions of this chapter applicable to the authorized collector shall constitute and be part of any contract awarded hereunder.

B. Nothing in this chapter shall preclude an occupant, renter, or owner of property in the City to regularly dispose of their solid waste either personally or through the uncompensated services of another, in either case, at a county-operated disposal facility.

C. No person or entity, other than the collector or persons authorized under subsection B of this section, shall remove paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, or other recyclable materials which have been source separated from solid waste materials and placed at a designated collection location for residential curbside collection for the purposes of collection and recycling. (Ord. 2022-03 § 2, 2022.)

The authorized collector shall charge every customer at rates established pursuant to the contract between the City and the authorized collector. Such rates shall be subject to changes in accordance with said contract. The authorized collector shall use reasonable efforts to set rates so as to fairly distribute the costs of solid waste collection service between users thereof according to the extent of their usage. (Ord. 2022-03 § 2, 2022.)

*** Code reviser’s note:** Ord. 2022-03 added this section as 8.08.170. It has been editorially renumbered to avoid duplication of numbering.

A. Consistent with the terms and provisions of the contract between the City and the collector, the collector shall establish routes, days, and hours for collection of solid waste and may change the same from time to time. Prior to any change in said routes, days, and hours, the same shall be approved by the City Manager and filed with the City.

B. The City may direct the authorized collector to restrict collection hours during peak commute hours. When the City is conducting road overlay or slurry projects, the City reserves the right to temporarily redirect or restrict authorized collector from collection in affected areas or temporarily change the collection hours if needed. The hours of collection may be extended due to extraordinary circumstances or conditions upon the request of collector with prior written consent from the City. (Ord. 2022-03 § 2, 2022.)

*** Code reviser’s note:** Ord. 2022-03 added this section as 8.08.180. It has been editorially renumbered to avoid duplication of numbering.

Nothing in this chapter shall be deemed to prohibit the City from removing and hauling any waste considered by the City Manager or his/her designee to undermine the health, safety, or welfare of the public, or to constitute a public emergency. (Ord. 2022-03 § 2, 2022.)

*** Code reviser’s note:** Ord. 2022-03 added this section as 8.08.190. It has been editorially renumbered to avoid duplication of numbering.

A. No solid waste shall be removed and carried on and along the streets and alleys of the City, unless the same is carried, conveyed, or hauled in conveyances so constructed as to be dustproof, and so arranged as not to permit dust or other matter to sift through or fall upon the streets and alleys. The contents of such conveyances shall be further protected with appropriate covers so as to prevent the same from being blown upon the streets, alleys, and adjacent lands.

B. No wet garbage shall be removed and carried on or along any street or alley of the City, unless the same is transported in watertight containers with proper covers so that the garbage shall not be offensive, and every such container shall be kept clean and such garbage shall be so loaded that none of it shall fall, drip, or spill to or on the ground, sidewalk, or pavement.

C. Every truck used in the collection or removal of solid waste shall be kept well painted and clean inside and out and the name of the contract agent and the truck number shall be prominently displayed on each truck. (Ord. 2022-03 § 2, 2022.)

*** Code reviser’s note:** Ord. 2022-03 added this section as 8.08.200. It has been editorially renumbered to avoid duplication of numbering.

Except as expressly provided by this section, no container other than those owned or rented by the City shall be placed or kept in or on any public street, sidewalk, footpath, or in any public place whatsoever, but rather shall be maintained on the premises in a location and manner so as not to be visible from the public street. Notwithstanding the foregoing, containers may be placed on the public street on the days(s) and in the locations designated by the authorized collector for removal and emptying of said receptacles, but shall be removed within twenty-four hours of the day of collection. (Ord. 2022-03 § 2, 2022.)

*** Code reviser’s note:** Ord. 2022-03 added this section as 8.08.210. It has been editorially renumbered to avoid duplication of numbering.