California City Municipal Code Art. 2 Mandatory Organic Waste Disposal Reduction

The following definitions shall be utilized for purposes of implementation of this Article 2. Capitalized terms used herein but not defined shall have the meaning ascribed to them in the SB 1383 Regulations. In the event of a conflict between a definition set forth in the SB 1383 Regulations and a definition set forth herein, the definition set forth in the SB 1383 Regulations shall control. In the event of a conflict between the definitions set forth in Article 1 of Chapter 2 (Waste Management) and the definition set forth herein, the definition set forth herein shall control.

(a) "Authorized Collector" means a private contractor authorized to provide collection services on behalf of the City through permit, contract, exclusive franchise agreement, or otherwise.

(b) "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 Source Separated Recyclable Materials.

(c) "CalRecycle" means the California Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others). digestion operations or other facility that recovers source separated Organic Waste accepts such material for processing and provides annual written notice thereof to the City.

(d) "Commercial Business" 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.

(e) "Compostable Plastics" means food-service and food-packaging plastic materials or plastic bags used for collecting organics material that are placed in the Green Container and transported to a compostable material handling operations or facilities, in-vessel digestion operations or other facility provided the organic waste processing facility accepts the material and has provided written notification annually to the City stating that the facility can process and recover that material for composability, as defined in 14 CCR Section 18984.1(a)(1)(A) for three container systems, and 18984.2(a)(1)(C) for two container systems.

(f) "Commercial Edible Food Generator" or "Edible Food Generator" means a person or entity that is responsible for the initial creation of Edible Food and includes Tier One and Tier Two Commercial Edible Food Generator as more specifically defined herein.

(g) "Compostable Food Soiled Paper" means compostable Paper Products that are mixed in with Food Waste including but not limited to, compostable paper plates, napkins and pizza boxes, provided the approved compostable material handling operations or facilities, in-vessel digestion operations or other facility that recovers source separated Organic Waste accepts such material for processing and provides annual written notice thereof to the City.

(h) "Food Waste" means food scraps and trimmings and other putrescible waste that readily decomposes and results from food production, preparation, storage, consumption, or handling. Food Waste includes but is not limited to meat, fish and dairy waste, fruit and vegetable waste, grain waste, and may include Compostable Food Soiled Paper and Compostable Plastics meeting the definitions provided herein.

(i) "Gray/Black 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/Black Container Waste.

(j) "Gray/Black Container Waste" means Solid Waste that is collected in a Gray and/or Black Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray/Black Container as specified in 14 CCR Sections 18984.1(a) and (b), as defined in 14 CCR Section 17402(a)(6.5).

(k) "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 Source Separated Green Container Organic Waste.

(l) "Green Waste" means tree trimmings, grass cuttings, dead plants, leaves, branches, and similar materials generated through landscaping activities other than construction activities.

(m) ""Multi-family Residential Dwelling" or "Multi-Family" means residential premises with 5 or more dwelling units. Multi-family does not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

(n) 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, untreated lumber, untreated wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges.

(o) "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, including those entities that serve food or beverages on its premises for immediate consumption.

(p) "Prohibited Container Contaminants" means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City's Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the City's Green Container; (iii) discarded materials placed in the Gray/Black Container that are acceptable Source Separated Recyclable Materials and/or Source Separate Green Container Organic Wastes to be placed in Cities Green Container and/or Blue Container; and (iv) any material prohibited to be placed in any container pursuant to Section 6-2.104 or any other section of this Municipal Code.

(q) "Recyclable Material" means materials source-separated by the generator for the purpose of sorting, processing and being returned to the economic mainstream for use the altered form for manufacture of new, reused or reconstituted products through available processes and markets. A listing of materials considered as Recyclable Material shall be provided by the Authorized Collector and may be revised from time to time by agreement of the City and the Authorized Collector.

(r) "Residential" means properties utilized for full-time human habitation, including single-family properties and multi-family properties with four (4) or less dwelling units.

(s) "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.

(t) "SB 1383 Regulations" means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted on November 3, 2020 that added Chapter 12 to Division 7 of Title 14 of the California Code of Regulations (CCR) and amended CCR Title 14, Division 7, Chapters 3, 3.1, 3.2, 5, 9 and 12, commencing with section 17402, and CCR Title 27, Division 2, Chapters 2, 3, and 4, commencing with section 20164.

(u) "Solid Waste" means and includes all discarded putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, rubbish, Construction and Demolition Debris, and any other discarded solid, semisolid, and liquid waste permitted to be disposed of at a Class III landfill and which are included within the definition of "Nonhazardous Solid Waste" set forth in 27 CCR Section 20220(a).

In addition, for purposes of this Ordinance, Solid Waste does not include source separated Recyclable Material, source separated Organic Waste, construction and demolition debris, manure and/or salvageable materials if such materials have been source separated by the generator for the purpose of recycling, composting, processing or reuse.

(v) "Solid Waste Generator" means a person or entity that is responsible for the initial creation of Solid Waste.

(w) "Source separating" or "source separated" means the process of removing or separating Recyclable Materials or Organic Waste from Solid Waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for such materials for the purpose of recycling, composting, processing or reuse.

(x) "Source Separated Green Container Organic Waste (or SSGCOW) means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate Collection of Organic Waste by the Generator, excluding Recyclable Material, carpets, paper products, printing and writing paper, and textiles. SSGCOW is a subset of Organic Waste.

(y) "Tier One Commercial Food Generator" shall have the meaning set forth in 14 CCR Sections 189852(a)(73).

(z) "Tier Two Commercial Food Generator" shall have the meaning set forth in 14 CCR Sections 189852(a)(74).

( Ord. No. 21-792 , § 3, 11-23-2021)

The City Manager, or their designee, is hereby authorized to make any determinations, or undertake or arrange for any programs or activities required to implement and enforce the SB 1383 Regulations. The SB 1383 Regulations are hereby incorporated into this Article in their entirety as if fully set forth herein.

( Ord. No. 21-792 , § 3, 11-23-2021)

In undertaking his or her obligations herein, the City Manager, or his or her designee, shall have sole authority and responsibility to perform the following non-delegable determinations, programs or activities, but in so doing may utilize City personnel:

(a) Granting waivers from certain SB 1383 Regulations to an Organic Waste Generator, and preparation and maintenance of records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.11.

(b) Conducting inspections and investigations in accordance with Section 18995.1 of Organic Waste Generators for compliance with applicable SB 1383 Regulations and the Municipal Code, and preparation and maintenance of records regarding such activities.

(c) Conducting inspections and investigations of complaints in accordance with Section 18995.3 of alleged violations of Chapter 12 of the SB 1383 Regulations, and preparation and maintenance of records regarding such activities.

(d) Applying for waivers or exemptions from certain SB 1383 Regulations granted by CalRecycle and maintaining records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.12.

(e) Applying for waivers from SB 1383 requirements granted by CalRecycle in the event of emergencies or disasters and maintaining records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.13.

(f) Regulating Food Recovery Organizations and Food Recovery Services for their compliance with applicable SB 1383 Regulations.

(g) Regulating Organic Waste generators for their compliance with applicable SB 1383 Regulations.

(h) Initiating, inspecting, and prosecuting enforcement actions against Authorized Collectors, Food Recovery Organizations, Food Recovery Services and Organic Waste Generators for violation of this ordinance, including the determination and assessment of penalties as set forth in 14 CCR Sections 18995.1, 189955.4, 18997.1 and 18997.2.

(i) Receipt and investigation of written complaints of alleged violations of Chapter 12 of Title 14 as set forth in 14 CCR Section 18995.3.

(j) Undertaking Organic Waste capacity planning, as set forth in 14 CCR Section 18992.1, and Edible Food Recovery capacity planning, as set forth in 14 CCR Section 18992.2.

(k) Maintaining and submitting records and reports required by the SB 1383 Regulations.

( Ord. No. 21-792 , § 3, 11-23-2021)

Except for those determinates, programs, or activities that are non-delegable as set forth under Section 6-2.203, in undertaking his or her obligations under Section 6-2.202, the City Manager, or his or her designee, may undertake programs or activities implementing applicable provisions of the SB 1383 Regulations, and in so doing may utilize City personnel, or may make arrangements for these delegable programs or activities as set forth in the SB 1383 Regulations with an Authorized Collector, Food Recovery Organization, Food Recovery Service, other private or non-profit entities, or through agreements with other jurisdictions.

( Ord. No. 21-792 , § 3, 11-23-2021)

(a) Owners of Residential or Commercial properties and other persons utilizing such properties that are Solid Waste Generators must:

(1) Subscribe and pay for collection service for Solid Waste, Recyclable Material and Organic Waste, unless a waiver has been granted by the City, or the Solid Waste Generator self-hauls such materials; and

(2) Participate in the city's Organic Waste collection service by placing designated materials in designated containers as described in Section 6-2.205(b) and shall not place Prohibited Container Contaminants in collection containers.

(b) City reserves the right to make the final determination as to the type, number, and size of containers to be provided to the residence or Commercial Business to ensure adequate service and proper separation of materials and containment of materials for expected collection volumes.

(c) Owners of Residential or Commercial properties and other persons utilizing such properties that are Solid Waste Generators are responsible to adjust their level of service to ensure compliance with this Article and are responsible for failure to subscribe and pay for such service, or to undertake other allowable methods of diversion. Self-hauling may be undertaken in accordance with Section 6-2.109(a) of the California City Municipal Code and 14 CCR 18988.3.

Organic Waste Generators shall comply with the applicable requirements of the City Code relating to collection and recovery of organic waste or the applicable SB 1383 Regulations and failure to comply may result in an enforcement action as set forth in Section 6-2.209 of this Municipal Code.

(d) The City has implemented a standard organic waste collection services using three-containers in accordance with Chapter 12, Article 3 of the SB 1383 Regulations.

(1) The Gray/Black Container is provided solely for the placement and collection of non-organic Solid Waste. No Organic Waste or Recyclable Material is permitted in the Gray/Black Container.

(2) The Blue Container is provided solely for the placement and collection of Recyclable Material. No Source Separated Green Container Organic Waste or non-Recyclable Material is permitted in the Blue Container.

(3) The Green Container is provided solely for the placement and collection of Source Separated Green Container Organic Waste. No Recyclable Material or non-organic Solid Waste is permitted in the Green Container.

It shall be unlawful and a violation of this Article to place Prohibited Container Contaminants in a collection container, and may subject the Generator to a contamination processing fee or Enforcement Action as set forth in Section 6-2.209 of this Municipal Code.

( Ord. No. 21-792 , § 3, 11-23-2021)

(a) Commercial Businesses shall subscribe to and comply with organic waste collection services or self-haul in accordance with the California City Municipal] Code Section 6-2.109(a) and in compliance with 14 CCR Sections 18984.9(a) and 18984.10(a).

(b) Excluding Multi-Family Residential dwellings, a Commercial Business that generates Organic Waste shall provide containers for the collection of Source Separated Organic Waste generated by that business in all areas, except for restrooms, where the Commercial Business provides disposal containers for customers and shall comply with the requirements of 14 CCR Section 18984.9(b). If a Commercial Business does not generate, or has a waiver pertaining to, any of the materials that would be collected in one type of container, then the business does not have to provide that particular type of container in all areas where containers are provided for customers.

(c) A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this article prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first, as set forth in 14 CCR 18984.9(d).

(d) Commercial Businesses shall at least annually provide information to employees, contractors, tenants, and customers about Organic Waste recovery requirements and about proper sorting of Organic Waste, and for new tenants within fourteen (14) days of occupation of premises.

(e) Commercial Businesses shall provide or arrange for access to their properties for Inspections conducted by CalRecycle or the City pursuant to Article 14 of the SB 1383 Regulations, provided, however, that nothing is intended to permit an inspector to enter the interior of a private residential property, as set forth in 14 CCR Section 18984.10(c).

(f) A Commercial Business may apply for a waiver of some or all of the Organic Waste requirements of the applicable SB 1383 Regulations to the City, in accordance with procedures established by the City as set forth in 14 CCR 18984.11. Any waiver may be granted and issued only by the City in writing. Nothing in the foregoing shall exempt a Commercial Business from compliance with Section 42649.81 of the Public Resources Code.

( Ord. No. 21-792 , § 3, 11-23-2021)

(a) Commercial Edible Food Generators shall comply with the following in accordance with 14 CCR Sections 18991.3 and 18991.4:

(1) Tier One Commercial Edible Food Generators shall comply with the requirements of the SB 1383 Regulations commencing January 1, 2022.

(2) Tier Two Commercial Edible Food Generators shall comply with the requirements of the SB 1383 Regulations commencing January 1, 2024.

(3) A Large Venue or Large Event operator that does not provide food services, but allows for food to be provided, shall require food facilities operating at the Large Venue or Large Event to comply with the requirements of the SB 1383 Regulations.

(b) A Commercial Edible Food Generator shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or Service.

( Ord. No. 21-792 , § 3, 11-23-2021)

A Food Recovery Organization or Food Recovery Service that has established a contract or written agreement to collect or receive Edible Food directly from Commercial Edible Food Generators shall maintain records specified in the SB 1383 Regulations.

( Ord. No. 21-792 , § 3, 11-23-2021)

Failure to comply with the provisions of this Article may result in an enforcement action or penalty under the California City Municipal Code Sections 1-3.01 and 1-5.04, 14 CCR Section 18997.1, and 14 CCR Section 18997.2.

( Ord. No. 21-792 , § 3, 11-23-2021)