Chino Hills Municipal Code Art. II Integrated Waste Management

In order to protect public health, safety, and well-being, to control vectors and to carry out the mandatory duties imposed on the City by the State of California, the City Council may authorize one (1) or more franchisees to make arrangements with generators of solid waste, recyclables, or organic materials, or any combination of the three (3), for the collection, transfer, and disposal of solid wastes, recyclables, and organic materials within and throughout the City.

(Ord. 92-15 § 16.02.000; Ord. No. 377, § 3(Exh. A), 11-23-2021)

The franchisees who arrange for the collection of solid wastes, recyclables, or organic materials shall make arrangements with their customers specifying the manner in which integrated waste management services are provided, subject only to the City's duty to protect the public health, safety, and well-being by prohibiting the collection of solid wastes, recyclables, or organic materials between certain hours and on certain holidays, to control vectors and to limit sources of noise and air pollution within the City.

(Ord. 92-15 § 16.02.005; Ord. No. 377, § 3(Exh. A), 11-23-2021)

In order to carry out its duties to plan for the management of vehicular traffic and mitigate adverse air quality effects, the City Council may determine waste management collection categories, i.e., residential premises, multifamily premises, commercial premises, industrial, special, special event, household hazardous waste and other, and may make or impose franchise requirements which vary for such categories.

(Ord. 92-15 § 16.02.010; Ord. No. 377, § 3(Exh. A), 11-23-2021)

In order to protect for the public health, safety, and well-being, and to prevent the spread of vectors, the owner, occupant, or other person responsible for the day-to-day operation of every property in the City shall make arrangements with a contractor franchised or licensed by the City for the collection of solid wastes, recyclables, and organic materials as set forth in this chapter.

(Ord. No. 377, § 3(Exh. A), 11-23-2021)

Residential premises organic waste generators shall comply with the following requirements:

A. Shall subscribe to City's organic waste collection services for all organic waste generated as described below in this section. 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, residential premises generators shall adjust its service level for its collection services as requested by the City. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

B. Shall participate in the City's organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.

1. Generator shall place source separated green container organic waste in the green container; source separated recyclable materials in the blue container; if applicable, source separated food waste in the brown container, and solid waste in the gray/black container. Generators shall not place materials designated for the gray/black container into the green container, brown container or blue container.

(Ord. No. 377, § 3(Exh. A), 11-23-2021)

Generators that are commercial premises, shall:

A. Subscribe to City's four-, three- or two-container collection services and comply with requirements of those services as described below in this section. 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 premises shall adjust their service level for their collection services as requested by the City.

B. Except commercial premises that meet the self-hauler requirements in Section 13.20.180 of this chapter, participate in the City's organic waste collection service(s) by placing designated materials in designated containers as described below.

1. Option 1: A three-container collection service: Generator shall place source separated green container organic waste in the green container; source separated recyclable materials in the blue container; and solid waste in the gray/black container. Generator shall not place materials designated for the gray/black container into the green container or blue container.

2. Option 2: Two-container collection service: Generator shall place only source separated green container organic waste in a green container. Generator shall place all other materials (mixed waste) in a gray/black container.

3. Option 3: Four-container collection service: Generator shall place source separated yard waste in the green container; source separated recyclable materials in the blue container; source separated food waste in the brown container; and solid waste in the gray/black container. Generator shall not place materials designated for the gray/black container into the green container, blue container, or brown container.

C. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 13.20.052(D)(1) and 13.20.052(D)(2) below) for employees, contractors, tenants, and customers, consistent with City's blue container, green container, brown container and gray/black container collection service or, if self-hauling, per the commercial premises instructions to support its compliance with its self-haul program.

D. Excluding multifamily premises, 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 premises. Such containers do not need to be provided in restrooms. If a commercial premises 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 franchisee, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. Commercial premises are not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the 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 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 requirements in Section 13.20.052(D) pursuant to 14 CCR Section 18984.9(b).

F. To the extent practical through education, training, inspection, and/or other measures, excluding multifamily premises, prohibit employees from placing materials in a container not designated for those materials per the City's blue container, green container, brown container, and gray/black container collection service or, if self-hauling, per the commercial premises' instructions to support its compliance with its self-haul program.

G. Excluding multifamily premises, periodically inspect blue containers, green containers, brown containers, and gray/black 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 source separated green/brown container organic waste and source separated recyclable materials.

I. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated green/brown container organic waste and source separated recyclable materials separate from solid waste (when applicable) and the location of containers and the rules governing their use at each property.

J. Provide or arrange access for City or its designee to their properties during all inspections conducted in accordance with Section 13.20.390 of this chapter to confirm compliance with the requirements of this chapter.

K. If a commercial premises wants to self-haul, meet the self-hauler requirements in Section 13.20.180 of this chapter.

L. 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).

M. Commercial premises that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 13.20.054.

(Ord. No. 377, § 3(Exh. A), 11-23-2021)

A. De Minimis Waivers. The City may waive a commercial premises' obligation (including multifamily premises with bin service) to comply with some or all of the organic waste requirements of this chapter if the commercial premises provides documentation that the business generates below a certain amount of organic waste material as described in Section 13.20.053(A)(2) below, and/or meets the self-hauling requirements of Section 13.20.180 of this chapter. Commercial premises requesting a de minimis waiver shall:

1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 13.20.053(A)(2) below.

2. Provide documentation that either:

a. The commercial premises' total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a blue container, brown container or green container comprises less than twenty (20) gallons per week per applicable container of the business' total waste; or,

b. The commercial premises' total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a blue container, brown container or green container comprises less than ten (10) gallons per week per applicable container of the business' total waste.

3. Notify City if circumstances change such that commercial premises' organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

4. Provide written verification of eligibility for de minimis waiver every five (5) years, if City has approved de minimis waiver.

B. Physical Space Waivers. The City may waive a commercial premises' or property owner's obligations (including multifamily residential 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 lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of Section 13.20.052.

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

1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

2. Provide documentation that the premises lacks adequate space for blue containers and/or brown containers or green containers including documentation from its hauler, licensed architect, or licensed engineer.

3. Provide written verification to City that it is still eligible for physical space waiver every five (5) years, if City has approved application for a physical space waiver.

C. The City reserves the right to grant a de minimis or physical space waiver to a commercial premises that has not submitted a waiver application.

(Ord. No. 377, § 3(Exh. A), 11-23-2021)

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 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 must do all of the following:

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: (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. Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

4. Allow City's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

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

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

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

iii. The established frequency that food will be collected or self-hauled.

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

D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 377, § 3(Exh. A), 11-23-2021)

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

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

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

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

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

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

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

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

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

C. Food recovery organizations and food recovery services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).

D. 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 (1) or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the City annually by March 15, beginning March 15, 2023, 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).

E. In order to support edible food recovery capacity planning assessments or other studies conducted by the City or its designated entity, food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City shall respond to such request for information within sixty (60) days unless a shorter timeframe is otherwise specified by the City.

(Ord. No. 377, § 3(Exh. A), 11-23-2021)