Brea Municipal Code Ch. 8.56 Organic Waste Disposal

This chapter shall be known and may be cited as the "Organic Waste Disposal Ordinance."

(Ord. 1224, 2-15-2022)

The following words and phrases whenever used in this chapter have the meaning defined in this section. In the event of a conflict between a definition in this section and a state law definition in 14 C.C.R. § 18982, the state law definition shall control. Additionally, state law definitions in 14 C.C.R. § 18982 shall control for words and phrases used in this chapter and not defined in this section.

"Back-haul."

Generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment.

"Bill Emerson Good Samaritan Food Donation Act."

42 U.S.C. § 1791.

"California Good Samaritan Food Donation Act."

Assembly Bill 1219 (2017).

"CalRecycle."

California Department of Resources Recycling and Recovery.

"Commercial business."

A firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for profit or nonprofit, strip mall, industrial facility, or multifamily residential dwelling. "Commercial business" includes hotels, motels, and other transient occupancy facilities.

"Commercial edible food generator."

A tier one or tier two commercial edible food generator. "Commercial edible food generator" does not include food recovery organizations and food recovery services.

"Community composting."

Any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and that does not involve a total amount of feedstock and compost on-site at any one time in excess of one hundred (100) cubic yards and seven hundred fifty (750) square feet.

"Compost."

The product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or that are separated at a centralized facility.

"Compostable plastic."

Plastic materials that meet the ASTM D6400 standard for compostability.

"Contaminated container."

A container having prohibited container contaminants.

"Designee."

An entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities under this chapter.

"Edible food."

Food intended for human consumption. "Edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of "edible food" that does not meet the food safety requirements of the California Retail Food Code (Cal. Health and Safety Code § 113700 et seq.).

"Excluded waste."

Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that a facility operator, which receives materials from the city and its generators, reasonably believes would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of law including: land use restrictions or conditions; waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions; and waste that in the reasonable opinion of the city or its designee would 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. "Excluded waste" does not include de minimis volumes or concentrations of waste of a type and amount normally found in residential dwelling solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Cal. Public Resources Code §§ 41500 and 41802. "Excluded waste" also does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the city's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the city or its designee.

"Food distributor."

A company that distributes food to entities including supermarkets and grocery stores.

"Food facility."

An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level.

"Food recovery."

Actions to collect and distribute for human consumption food that otherwise would be disposed.

"Food recovery organization."

An entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities. "Food recovery organization" includes: a food bank as defined in Cal. Health and Safety Code § 113783; a nonprofit charitable organization as defined in Cal. Health and Safety Code § 113841; and a nonprofit charitable temporary food facility as defined in Cal. Health and Safety Code § 113842.

"Food recovery service."

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.

"Food scraps."

All food such as fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. "Food scraps" does not include fats, oils, and grease when such materials are source separated from other food scraps.

"Food service provider."

An entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.

"Food-soiled paper."

Compostable paper material that has come in contact with food or liquid such as compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

"Food waste."

Food scraps, food-soiled paper, and compostable plastics.

"Gray container."

A container where either:

The lid of the container is gray or black in color; or

The body of the container is entirely gray or black in color and the lid is gray or black in color.

"Gray container waste."

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.

"Grocery store."

A store primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry.

"Hauler route."

The designated itinerary or sequence of stops for each segment of the city's collection service area.

"High diversion organic waste processing facility."

A facility that is in compliance with the reporting requirements of 14 C.C.R. § 18815.5(d), and that meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent (50%) between January 1, 2022 and December 31, 2024, and seventy-five percent (75%) after January 1, 2025, as calculated by CalRecycle.

"Large event."

An event, including a sporting event or a flea market, that charges an admission price or is operated by a local agency, and that serves an average of more than two thousand (2,000) individuals per day of operation.

"Large venue."

A permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation. A site under common ownership or control that includes more than one (1) large venue that is contiguous with other large venues in the site, is a single large venue.

"Local education agency."

A school district, charter school, or county office of education that is not subject to the control of the city's ordinances or county regulations related to solid waste.

"Mixed waste."

Organic waste collected in a container that is required by 14 C.C.R. § 18984.1, 18984.2, or 18984.3 to be taken to a high diversion organic waste processing facility.

"Multifamily residential dwelling."

Residential premises with five (5) or more dwelling units. "Multifamily residential dwelling" does not include hotels, motels, or other transient occupancy facilities.

"Non-compostable paper."

Paper that is coated in a plastic material or that otherwise will not breakdown in the composting process.

"Non-local entity."

An entity that is an organic waste generator but is not subject to the city's ordinances related to solid waste.

"Non-organic recyclables."

Non-putrescible and non-hazardous recyclable wastes including bottles, cans, metals, plastics, and glass.

"Organic waste."

Solid wastes containing material originated from living organisms and their metabolic waste products including food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges.

"Organic waste generator."

A person or entity that is responsible for the initial creation of organic waste.

"Paper products."

Paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, toweling, and similar products.

"Printing and writing papers."

Copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, publications, and similar products.

"Prohibited container contaminants."

Discarded materials placed in a container that are not identified as acceptable source separated materials for that container.

"Recovered organic waste product procurement policy."

The City Council resolution stating the city's policy for procurement of recovered organic waste products in accordance with 14 C.C.R. § 18993.1.

"Recovered organic waste products."

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

"Recovery."

Any activity or process described in 14 C.C.R. § 18983.1(b).

"Remote monitoring."

The use of the internet of things and/or wireless electronic devices to visualize the contents of containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

"Restaurant."

An establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption.

"Route review."

A visual inspection of containers along a hauler route for the purpose of identifying contaminated containers, and may include mechanical inspection methods such as the use of cameras.

"Self-hauler."

A person who hauls solid waste, organic waste, or recyclable material he or she has generated to another person. "Self-hauler" includes a person who back-hauls waste.

"Solid waste."

All putrescible and non-putrescible solid, semisolid, and liquid wastes. "Solid waste" includes: 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 that is not hazardous waste, manure, vegetable, or animal solid and semi-solid wastes; and other discarded solid and semisolid wastes. "Solid waste" does not include: hazardous waste as defined in Cal. Public Resources Code § 40141; radioactive waste regulated pursuant to the Radiation Control Law (Cal. Health and Safety § 114960 et seq.); or medical waste regulated pursuant to the Medical Waste Management Act (Cal. Health and Safety Code § 117600 et seq.).

"Source separated."

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 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. "Source separated" includes 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 and processing.

"Source separated blue container organic waste."

Source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables.

"Source separated green container organic waste."

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

"Source separated recyclable materials."

Source separated non-organic recyclables and source separated blue container organic waste.

"Supermarket."

A full-line, self-service retail store that has gross annual sales of two million dollars ($2,000,000) or more, and that sells a line of dry grocery, canned goods, or nonfood items and perishable items.

"Tier one commercial edible food generator."

Any one of the following:

Supermarket.

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

Food service provider.

Food distributor.

Wholesale food vendor.

"Tier two commercial edible food generator."

Any one of the following:

Restaurant with two hundred fifty (250) or more seats or a total facility size equal to or greater than five thousand (5,000) square feet.

Hotel with an on-site food facility and two hundred (200) or more rooms.

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

Large venue.

Large event.

A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

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

"Wholesale food vendor."

A business or establishment engaged in the merchant wholesale distribution of food, where food is received, shipped, stored, and prepared for distribution to a retailer, warehouse, distributor, or other destination.

(Ord. 1224, 2-15-2022)

A. Unless it is a self-hauler, an organic waste generator shall manage its organic waste by one (1) or more of the following methods:

1. Subscribing to and participating in the city's organic waste collection service by placing designated materials in their appropriate containers.

2. Managing organic waste on site.

3. Using a community composting site.

B. An organic waste generator shall not place prohibited container contaminants in containers.

C. The city may review the number and size of an organic waste generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials.

(Ord. 1224, 2-15-2022)

A. Unless it is a self-hauler, in addition to the general requirements set forth in § 8.56.030, an organic waste generator that is a commercial business shall do all of the following:

1. Supply and allow access to adequate number, size, and location of containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the city's collection system.

2. Annually provide employees, contractors, tenants, and customers a written description of organic waste recovery requirements and proper sorting of materials into their appropriate containers.

3. Provide to new tenants, before or within fourteen (14) days of occupation of the premises, a written description of the location of containers, the rules governing their use at each property, and the requirements to source separate materials.

4. Provide or arrange access for the city or its designee to properties of the business during all inspections to confirm compliance with the requirements of this chapter.

5. Accommodate and cooperate with a remote monitoring program implemented by the city or its designee.

B. Unless it is a self-hauler or a multifamily residential dwelling, in addition to the general requirements set forth in § 8.56.030 and the requirements of paragraph A. above, an organic waste generator that is a commercial business shall do all of the following:

1. Provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If the business does not generate any of the materials that would be collected in one type of container, then it does not have to provide that particular container in all areas where disposal containers are provided for customers. The containers shall have either:

a. A body or lid that conforms with the container colors provided through the city's collection service, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements.

b. 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.

2. To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the city's collection system requirements.

3. Periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.

C. A commercial business is not required to replace functional noncompliant containers prior to the end of their useful life or prior to January 1, 2036, whichever comes first. The container labeling requirements of this section are required on new containers commencing January 1, 2022.

D. An organic waste generator that is a commercial business may, at its option and subject to any approval required from the city, implement a remote monitoring program. An organic waste generator may install remote monitoring devices on or in the containers subject to written notification to or approval by the city or its designee.

(Ord. 1224, 2-15-2022)

A. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract under 14 C.C.R. § 18991.3(b), shall maintain the following records:

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

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

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

B. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract under 14 C.C.R. § 18991.3(b), shall maintain the following records:

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

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

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

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

C. Food recovery organizations and food recovery services shall inform generators about Bill Emerson Good Samaritan Food Donation Act and California Good Samaritan Food Donation Act protections in written communications.

D. No later than July 1 of each year food recovery organizations and food recovery services that have their primary address physically located in the city and that contract with one or more commercial edible food generators shall report to the city the total pounds of edible food recovered in the previous calendar year from the commercial edible food generators with which they have a contract.

E. In order to support edible food recovery capacity planning assessments or other studies conducted by the city, food recovery organizations and food recovery services 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 can be accessed by the city and its commercial edible food generators. A food recovery organization or food recovery service contacted by the city shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified by the city.

(Ord. 1224, 2-15-2022)

A. This section shall be applicable to tier one commercial edible food generators as of the date of its enactment. This section shall be applicable to tier two commercial edible food generators commencing January 1, 2024.

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 food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

3. Allow the city and its designee to access the premises and review records.

4. Keep records that include the following information, or as otherwise specified in 14 C.C.R. § 18991.4:

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

b. A copy of all contracts established under 14 C.C.R. § 18991.3(b) with a food recovery organization or food recovery service.

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

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

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

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

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

5. Commencing July 1, 2022 for tier one commercial edible food generators and July 1, 2024 for tier two commercial edible food generators, an on annual basis thereafter, provide an annual food recovery report to the city. Such report shall include the following information:

a. A copy of all contracts established under 14 C.C.R. § 18991.3(b) with a food recovery organization or food recovery service.

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

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

D. Commercial edible food generators shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

(Ord. 1224, 2-15-2022)

A. Haulers.

1. In addition to the requirements of Chapter 8.28 of this Code, a permitted collector providing organic waste collection services to organic waste generators within the city's boundaries shall meet the following requirements and standards:

a. Through written notice to the city annually on or before July 1 identify the facilities to which they will transport organic waste, including facilities for source separated recyclable materials, source separated green container organic waste, and mixed waste.

b. Transport source separated recyclable materials, source separated green container organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste.

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 construction and demolition debris in a manner that complies with 14 C.C.R. § 18989.1, § 8.56.090 of this chapter, and Chapter 8.29 of this Code.

2. A permitted collector authorized to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements of its agreement with the city.

B. Facility operators and community composting operations.

1. Owners of facilities, operations, and activities that recover organic waste, including 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 (60) days.

2. Community composting operators, upon the city's request, shall provide information to the city to support organic waste capacity planning, including 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 (60) days.

(Ord. 1224, 2-15-2022)

A. Self-haulers shall source separate all recyclable materials and organic waste generated on-site from solid waste in a manner consistent with 14 C.C.R. §§ 18984.1 or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 C.C.R. § 18984.3.

B. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials and shall 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 a commercial business 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 provided to the city upon request. The record 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 that employs scales incapable of weighing the self-hauler's vehicle in a manner allowing determination of 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.

(Ord. 1224, 2-15-2022)

California Green Building Standards Code requirements specified in 24 C.C.R. §§ 4.410.2 and 4.408.1, as amended July 1, 2019 and effective January 1, 2020, shall be complied with.

(Ord. 1224, 2-15-2022)

A. Property owners or their building or landscape designers who are constructing a new project with a landscape area greater than five hundred (500) square feet, or who are rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred (2,500) square feet, shall comply with the 23 C.C.R. § 492.6(a)(3)(B), (C), (D), and (G) as amended September 15, 2015.

B. In the event of any conflict between the preceding paragraph any other city ordinance, regulations, or guidelines regarding water efficient landscaping, the preceding paragraph shall control.

(Ord. 1224, 2-15-2022)

A. De minimis waivers.

1. The city may waive requirements of this chapter for a commercial business that generates a de minimis amount of organic waste. The city may rescind a de minimis waiver if a commercial businesses ceases to qualify for such waiver.

2. Commercial businesses requesting a de minimis waiver shall:

a. Submit an application, on a form designated by the city, specifying the requirement(s) for which a waiver is sought.

b. Provide documentation that either:

(1) The applicant's total solid waste collection service is two (2) cubic yards or more per week and its organic waste subject to collection comprises less than twenty (20) gallons per week per applicable container of its total waste; or

(2) The applicant's total solid waste collection service is less than two (2) cubic yards per week and its organic waste subject to collection comprises less than ten (10) gallons per week per applicable container of its total waste.

3. Commercial businesses granted a de minimis waiver shall submit the following to the city:

a. Written notice of a loss of eligibility for such waiver within ten (10) days of a change in circumstances.

b. Written verification of eligibility for such waiver every five (5) years.

B. Physical space waivers.

1. The city may waive requirements of this chapter for premises that lack adequate physical space for the collection containers required for compliance. The city may rescind a physical space waiver if a premises ceases to qualify for such waiver.

2. Commercial businesses or property owners requesting a physical space waiver shall:

a. Submit an application, on a form designated by the city, specifying the requirement(s) for which a waiver is sought.

b. Provide documentation that the premises lack adequate physical space for one or more collection containers, including documentation from its hauler, licensed architect, or licensed engineer.

3. A commercial business or property owner granted a physical space waiver shall submit the following to the city.

a. Written notice of a loss of eligibility for such waiver within ten (10) days of a change in circumstances.

b. Written verification of eligibility for such waiver every five (5) years.

C. Administration. The City Manager or his or her designee is responsible for the review, approval, and rescission of all waivers.

(Ord. 1224, 2-15-2022)

A. City departments, and direct service providers to the city, shall comply with the Recovered Organic Waste Product Procurement Policy.

B. Mulch procured by the city shall satisfy the following requirements:

1. Comply with 14 C.C.R. § 18993.1 et seq. to meet or exceed the physical contamination, maximum concentration, and pathogen density standards for land application specified in 14 C.C.R. § 17852(a)(24.5)(A).1 through 3.

2. Be produced at one or more of the following:

a. A compostable material handling operation or facility as defined in 14 C.C.R. § 17852(a)(10) that is permitted or authorized by 14 C.C.R. Division 7.

b. A transfer/processing facility or transfer/processing operation as defined in 14 C.C.R. § 17402(a)(30) and (31) that is permitted or authorized by 14 C.C.R. Division 7.

c. A solid waste landfill as defined in Cal. Public Resources Code § 40195.1 that is permitted under 27 C.C.R. Division 2.

(Ord. 1224, 2-15-2022)

A. Subject to applicable laws, the city and its designee may 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. This section does not allow the city to enter the interior of a private residential property for inspection.

B. The regulated entity shall provide or arrange for access during all inspections and investigations (with the exception of residential property interiors) and shall cooperate with the city or its designee. 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 chapter described.

(Ord. 1224, 2-15-2022)

A. In addition to any other remedy available by law, violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of an administrative fine by a citing official pursuant to Chapter 1.04 of this Code.

B. The penalty levels for administrative fines for violation of this chapter shall be as follows:

1. For a first violation, the amount of the administrative fine shall be fifty dollars ($50) to one hundred dollars ($100) per violation.

2. For a second violation, the amount of the administrative fine shall be one hundred dollars ($100) to two hundred dollars ($200) per violation.

3. For a third or subsequent violation, the amount of the administrative fine shall be two hundred fifty dollars ($250) to five hundred dollars ($500) per violation.

C. The following factors shall be used to determine the administrative fine for each violation within the appropriate penalty level 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.

D. The city may extend the compliance deadlines 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.

3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 C.C.R. § 18996.2 due to those deficiencies.

(Ord. 1224, 2-15-2022)