Bradbury Municipal Code Art. VI Organic Waste Disposal Reduction Requirements

The following terms shall have the following meanings, as used in this article:

Commercial business or commercial subscriber means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling with five or more units.

Community composting means any approved city activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet. (14 CCR Section 17855(a)(4); or, 18982(a)(8)).

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. (14 CCR Section 17896.2(a)(4)).

Container contamination or contaminated container means a container, regardless of color, that contains prohibited container contaminants. (14 CCR Section 18982(a)(55)).

C&D means construction and demolition debris.

Designee means a government entity, a hauler, a private entity, or a combination of those entities.

Enforcement action means an action of the City to address non-compliance with this article 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, infectious, regulated radioactive waste, and toxic substances or material that upon collection, transfer, processing, or disposal, may be a violation of local, State, or Federal law, regulation, or ordinance.

Food-soiled paper is paper material that has come in contact with food or liquid, such as, but not limited to, paper plates and napkins.

Food waste means all food and food scraps such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food waste excludes fats, oils, liquid, and grease.

Inspection means a site visit where a City or City designee reviews records, containers, and an entity's handling of organic waste or edible food to determine if the entity is in compliance.

Local education agency means a school district, charter school, or county office of education that is not subject to the control of City regulations related to solid waste.

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

BWELO refers to the Bradbury Water Efficient Landscape Ordinance, (BWELO, Chapter 121 of Title IX, Part VI of the Bradbury Municipal Code.

Non-local entity means the following entities that are not subject to the City's enforcement authority including but not limited to special district(s), federal facilities, prison(s), facilities operated by the state park system, public universities (including community colleges), county fairgrounds, or other state agencies.

Non-organic recyclables means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass.

Notice of violation (NOV) means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties.

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. (14 CCR Section (18982)).

Organic waste generator means a person or entity that is responsible for the initial creation of organic waste

Prohibited container contaminants means discarded materials placed in a container that are not identified as being permitted or are considered to be excluded waste.

Recovered organic waste products means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility.

Recycled-content paper means paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber. (14 CCR Section 18982(a)(61)).

Renewable gas means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted.

Self-hauler means a commercial generator approved by the City, who hauls organic waste to a facility or location using the generator's own employees and equipment, in an effort to avoid subscribing to the franchise hauler's service

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 State Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned 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 State 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 State Health and Safety Code).

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

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 by the resident, tenant, business owner, property owner, business owner's employee, or property owner's employee into different containers for the purpose of collection.

(Ord. No. 382, § 1, 2-15-2022)

Single-family organic waste generators shall comply with the following requirements.

(1) Shall subscribe to the franchised hauler's organic waste collection services for all organic waste generated. The City or City's designee shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials. Single-family generators shall adjust its service level for its collection services as requested by the City. Generators may additionally manage their organic waste by using a community or backyard composting site.

(2) Shall place designated materials in designated containers. A person or entity is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of the Regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Commencing January 1, 2022, labels will be placed on each new container or lid provided to generators consistent with the applicable container collection requirements and limitations of this article specifying what materials are allowed to be placed in each container.

(Ord. No. 382, § 1, 2-15-2022)

Commercial businesses operating within the City shall:

(1) Subscribe to the franchise hauler's collection services and comply with requirements of those services. The City or City's designee shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. Commercial businesses shall adjust their service level for their collection services as requested by the City.

(2) Generator shall place designated materials in the permitted containers.

(3) Supply and allow access to adequate number, size and location of collection containers for employees and subcontractors.

(4) To the extent practical through education, training, inspection, and/or other measures, prohibit employees or subcontractors from placing materials in a container not designated for those materials.

(5) Periodically inspect containers for contamination and inform employees or subcontractors if containers are contaminated and of the requirements to keep contaminants out of said containers.

(6) Provide or arrange access for City or City's designee to their properties during all inspections conducted in accordance with this article to confirm compliance.

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

(Ord. No. 382, § 1, 2-15-2022)

Community composting operators, upon City request, shall provide information to the City or City designee 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 or City designee shall respond within 60 days.

(Ord. No. 382, § 1, 2-15-2022)

(a) Approved self-haulers shall source separate all organic waste generated on-site from solid waste in accordance with 14 CCR Sections 18984.1.

(b) Self-haulers shall haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste approved by the City.

(c) Self-haulers shall haul their source separated organic waste to an approved facility not less than every seven days utilizing their own equipment and labor.

(d) Self-haulers that are commercial businesses shall keep a record of the amount of organic waste delivered to each approved solid waste facility, operation, activity, or property that processes or recovers organic waste. This record shall be subject to inspection by the City or City designee. 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.

(e) Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in Section 11.01.740(d) to the City or City designee no later than the 15th of each month for the previous month's activities.

(f) An application must be approved by the City or its designee prior to commencing self-haul activities.

(Ord. No. 382, § 1, 2-15-2022)

(a) Persons applying for a permit from the City for new construction and building additions and alterations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as set forth in the Los Angeles County provisions incorporated into Title XVII (Buildings and Construction) of the City of Bradbury Municipal Code as amended, if its project is covered by the scope of the regulation.

(b) For projects covered by CALGreen, 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 materials, consistent with the recommendations of the franchised hauler, 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 set forth in the Los Angeles County provisions incorporated into Title XVII (Buildings and Construction) of the City of Bradbury Municipal Code 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 30 percent of the floor area shall provide readily accessible areas identified for the storage and collection of materials, consistent with the recommendations of the franchised hauler, 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, as set forth in the Los Angeles County provisions incorporated into Title XVII (Buildings and Construction) of the City of Bradbury Municipal Code, provided 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 the City's C&D requirements as set forth in the Los Angeles County provisions incorporated into Title XVII (Buildings and Construction) of the City of Bradbury Municipal Code, and all written and published City policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

(Ord. No. 382, § 1, 2-15-2022)

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

(b) The following compost and mulch use requirements that are part of the BWELO are now also included as requirements of this article. Other requirements of the BWELO are in effect and can be found therein.

(c) Property owners or their building or landscape designers that meet the threshold for BWELO compliance outlined in Section 11.01.760(a) above shall:

(1) Comply with provisions of the BWELO, which require the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:

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

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

c. Organic mulch and compost materials made from recycled or post-consumer materials that comply with 14 CCR, Division 7, Chapter 12, Article 12 shall be used. Other products such as inorganic materials or virgin forest products must be approved by the City prior to use. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

(2) The BWELO compliance items listed in this section are not an inclusive list of BWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for BWELO compliance outlined in Section 11.01.760(a) shall consult the full BWELO for all requirements.

(d) If, after the adoption of this article, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7 of the Model Water Efficiency Landscape Ordinance's (MWELO) September 15, 2015 requirements in a manner that requires cities to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

(Ord. No. 382, § 1, 2-15-2022)

(a) All vendors providing paper products and printing and writing paper shall:

(1) If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items

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

(3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

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

(5) Provide records to the City representatives, and/or designee within 30 days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in Sections 11.01.770(a)(3) and (4) of this article for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products and printing and writing paper are provided, include a description of why recycled-content paper products and printing and writing paper were not provided.

(Ord. No. 382, § 1, 2-15-2022)

(a) City representatives, and/or designee, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, self-hauler vehicle loads, or community compost facility for materials collected from generators, or source separated materials to confirm compliance with this article by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow City or City designees to enter the interior of a private residential property for inspection.

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

(c) Any records obtained during inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

(d) City representatives, or City designee, are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this article, subject to applicable laws.

(e) The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. Written complaints must include the following:

(1) If the complaint is not anonymous, name and contact information of the complainant;

(2) Identity of the alleged violator if known;

(3) A description of the alleged violation;

(4) Relevant evidence to support the complaint;

(5) The identity of any witnesses.

(Ord. No. 382, § 1, 2-15-2022)

(a) Violation of any provision of this article shall constitute grounds for issuance of a Notice of Violation (NOV) and assessment of a fine by a City Enforcement Official or representative. Enforcement actions under this article are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines 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 article and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this article.

(b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. 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.

(c) Responsible entity for enforcement.

(1) Enforcement pursuant to this article may be undertaken by the City Enforcement Official or its designated entity.

(2) Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the City.

a. Enforcement official(s) will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.

b. Enforcement official(s) may issue Notices of Violation(s).

(d) Process for enforcement.

(1) Enforcement Official and/or designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection.

(2) The City may issue an official notification to notify regulated entities of its obligations under the ordinance.

(3) For incidences of prohibited container contaminants found in containers, the City or designee will issue a Notice of Violation to any generator after determining that a violation has occurred. If prohibited container contaminants are observed in a generator's containers, the City may assess contamination processing fees or contamination penalties on the generator.

(4) Notice of Violation(s) require compliance within 60 days of issuance of the notice.

(5) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to applicable law.

Notices shall be sent to the property owner or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, or a combination thereof depending upon available information

(e) Penalty amounts for types of violations. The penalty levels are as follows:

(1) For a first violation, the amount of the base penalty shall be $50.00 to $100.00 per violation.

(2) For a second violation, the amount of the base penalty shall be $100.00 to $200.00 per violation.

(3) For a third or subsequent violation, the amount of the base penalty shall be $250.00 to $500.00 per violation.

(f) Factors considered in determining penalty amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:

(1) The nature, circumstances, and severity of the violation(s).

(2) The violator's ability to pay.

(3) The willfulness of the violator's misconduct.

(4) Whether the violator took measures to avoid or mitigate violations of this chapter.

(5) Evidence of any economic benefit resulting from the violation(s).

(6) The deterrent effect of the penalty on the violator.

(7) Whether the violation(s) were due to conditions outside the control of the violator.

(g) Compliance deadline extension considerations. The City may extend the compliance deadlines set forth in a Notice of Violation issued if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

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

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

(3) Deficiencies in organic waste recycling infrastructure or edible food recovery.

(h) Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City's procedures in the City's codes for appeals of administrative citations. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order.

(i) Education period for non-compliance. The City or City designee will conduct inspections, route reviews or waste evaluations, and compliance reviews of organic waste generators, self-haulers, tier one or tier two commercial edible food generators, food recovery organizations, food recovery services, or other entity to determine compliance.

(j) Civil penalties for non-compliance. Beginning January 1, 2024, if the City determines that any person or entity subject to this article is not in compliance with this article, it shall document the noncompliance or violation, issue a Notice of Violation, and take enforcement action.

(Ord. No. 382, § 1, 2-15-2022)

Nothing in this chapter shall restrict or otherwise prohibit the City from delaying enforcement and/or implementation requirements of Article 3 in 14 CCR 18984 as approved by CalRecycle, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time, pursuant to 14 CCR 18984.12 (a).

(Ord. No. 382, § 1, 2-15-2022)