Chino Municipal Code Ch. 8.18 Specific Regulations for Organic Waste Disposal Reduction, Recycling And…

The city finds and declares:

A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their cities to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

B. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time), places requirements on commercial businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires cities to implement a mandatory commercial recycling program.

C. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires commercial businesses and multi-family property owners that generate a specified threshold amount of solid waste, recyclable materials, and organic materials per week to arrange for recycling services for that waste, requires cities to implement a recycling program to divert organic waste from commercial businesses subject to the law, and requires cities to implement a mandatory commercial organic materials recycling program.

D. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organic waste in landfills as a source of methane. The regulations place requirements on multiple entities including cities, residential households, commercial businesses and commercial business owners, commercial edible food generators, authorized collectors, designee haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.

E. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires cities to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This chapter will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.

(Ord. 2021-014, § 5(exh. A), 2021.)

This chapter shall be entitled "Specific Regulations for Organic Waste Disposal Reduction, Recycling, and Solid Waste Collection."

(Ord. 2021-014, § 5(exh. A), 2021.)

"Authorized collector" means a person or entity that is party to an existing written agreement with the city providing for the exclusive or non-exclusive right to collect discarded materials from generators within the city on behalf of the city. An authorized collector is a franchised form of designee.

"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.

"CalRecycle" means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations.

"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

"City" means the city of Chino, California, within its jurisdictional boundaries.

"City enforcement official" means the city manager or his/her authorized designee(s) who is/are partially or wholly responsible for enforcing the ordinance.

"Collect" or "collection" (or any variation thereof) means the act of taking possession of recyclable materials, organic waste and materials, solid waste, bulky items, and other material at the place of generation in city.

"Commercial business" or "commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling, as defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.

"Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

"Compliance review" means a review of records by the city to determine compliance with this chapter.

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

"Compost," "compostable" and related terms have the same meaning as used in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that "compost" means the product resulting from the controlled biological decomposition of organic waste that is source separated from the municipal solid waste stream, or that is separated at a centralized facility. "Composting" includes a controlled biological decomposition of organic waste yielding a safe and nuisance free compost product.

"Contamination" or "contaminated container" means a container, regardless of color, that contains prohibited container contaminants, as defined in 14 CCR Section 18982(a)(55).

"C&D" means construction and demolition debris.

"Designee" means an entity that a city contracts with or otherwise arranges and is permitted to carry out any of the city's responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be an authorized collector, a government entity, a private entity, or a combination of those entities. A designee that is not an authorized collector may only perform collection services in, and on behalf of, the city to the extent such services do not infringe upon any franchise rights held by an authorized collector.

"Discarded materials" means recyclable materials, organic waste and organic materials, and solid waste placed by a generator in a blue, green, or gray container and/or at a location for the purposes of collection by the city's collection program, excluding excluded waste.

"Edible food" means food intended for human consumption, as defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter, as defined in 14 CCR Section 18982(a)(18), "Edible Food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

"Enforcement action" means an action of the city to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"Excluded waste" means hazardous substance, hazardous waste, infectious waste (as defined in 14 CCR Section 17225.36), designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including without limitation: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that, in city's or its designee's reasonable opinion, would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste 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 for collection services.

"Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, as defined in 14 CCR Section 18982(a)(22).

"Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.

"Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, as defined in 14 CCR Section 18982(a)(24).

"Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities as defined in 14 CCR Section 18982(a)(25), including, but not limited to:

A food bank as defined in Section 113783 of the Health and Safety Code;

A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code; and

A food recovery organization is not a commercial edible food generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

"Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, as defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"Food scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other Food scraps.

"Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, as defined in 14 CCR Section 18982(a)(27).

"Food-soiled paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. Food-soiled paper does not include non-compostable paper.

"Food waste" means food scraps and food-soiled paper.

"Generator" means any person or entity whose act or process produces discarded materials as defined in the Public Resources Code, or whose act first causes discarded materials to become subject to regulation.

"Gray container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of solid waste. Per the definition provided in 14 CCR Section 18982(a)(28), the gray container may actually be black, or black with a gray lid.

"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 organic materials.

"Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including without limitation a bakery, deli, and meat and seafood departments, as defined in 14 CCR Section 18982(a)(30).

"Hauler route" means the designated itinerary or sequence of stops for each segment of the city's collection service area, as defined in 14 CCR Section 18982(a)(31.5).

"Hazardous substance" means any of the following: (a) any substances defined, regulated or listed (directly or by reference) as "hazardous substances", "hazardous materials", "hazardous wastes", "toxic waste", "pollutant", or "toxic substances", or similarly identified as hazardous to human health or the environment, in or pursuant to: (i) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC § 9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC § 1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC § 6901 et seq.; (iv) the Clean Water Act, 33 USC § 1251 et seq.; (v) California Health and Safety Code §§ 25115—25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC § 7901 et seq.; and, (vii) California Water Code § 13050; (b) any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and, (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's (PCBs), petroleum, natural gas, and synthetic fuel products, and by-products.

"Hazardous waste" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State in Health and Safety Code § 25110.02, § 25115, and § 25117, State Public Resources Code Section 40141, or in the future amendments to or recodifications of such statutes or identified and listed as solar panels from residential premises, and hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC § 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

"High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as defined in 14 CCR Section 18982(a)(33).

"Inspection" means a site visit where a city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of discarded materials or edible food handling to determine if the entity is complying with requirements set forth in this chapter, as defined in 14 CCR Section 18982(a)(35).

"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

"Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

"Local education agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to recyclable materials, organic waste, or solid waste, as defined in 14 CCR Section 18982(a)(40).

"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.

"MWELO" refers to the Model Water Efficient Landscape Ordinance, 23 CCR, Division 2, Chapter 2.7.

"Non-compostable paper" includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, as defined in 14 CCR Section 18982(a)(41).

"Notice of violation" or "NOV" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, as defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

"Organic materials" means source separated organic waste that can be placed in a green container specifically intended for the separate collection of organic waste by the generator, excluding non-compostable paper; paper products; printing and writing paper; and any other organic waste that an organic waste facility may reject to maintain any of its organics-related composting certifications, including, but not limited to, organic carpets and textiles, contaminated wood or lumber, manure, digestate, biosolids, and sludges.

"Organic waste" means wastes containing material originating from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, untreated lumber, wood, manure, biosolids, digestate, and sludges as defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

"Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, as defined in 14 CCR Section 18982(a)(51). Paper products, when source separated, shall be considered source separated recyclable materials.

"Printing and writing paper(s)" include, but are not limited to, 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, and publications, as defined in 14 CCR Section 18982(a)(54). Printing and writing papers, when source separated, shall be considered source separated recyclable materials.

"Prohibited container contaminants" means the following: (i) discarded materials placed in the blue container that are not identified as acceptable recyclable materials for the city's blue container; (ii) discarded materials placed in the green container that are not identified as acceptable organic materials for the city's green container; (iii) discarded materials placed in the gray container that are acceptable recyclable materials and/or organic materials to be placed in city's green container and/or blue container; and, (iv) excluded waste placed in any container.

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

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

"Recyclable material" shall mean any material generated on or emanating from residential or commercial/industrial premises that is no longer wanted and is collected, transported, and reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of AB 939. No discarded materials shall be considered recyclable materials unless such material is separated from organic materials and solid waste and offered for collection through the city's collection program. Paper products and printing and writing papers, when source separated, are recyclable materials.

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

"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, as defined in 14 CCR Section 18982(a)(64).

"Route review" means a visual inspection of containers along a hauler route for the purpose of determining contaminated containers and may include mechanical inspection methods such as the use of cameras, as defined in 14 CCR Section 18982(a)(65).

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

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

"Self-hauler" means a person, who hauls solid waste, organic waste, or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, as defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting discarded materials to a destination owned and operated by the generator using the generator's own employees and equipment, as defined in 14 CCR Section 18982(a)(66)(A).

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

"Solid waste" has the same meaning as defined in 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 that is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes 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). Solid waste does not include any of the following wastes:

1. Hazardous waste.

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.

4. Recyclable materials, C&D, organic waste, or other salvageable materials only when such materials are source separated at the site of generation.

"Source separated" means materials, including commingled recyclable materials and organic materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace, as defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from materials designated for the gray container or other solid waste for the purposes of collection and processing.

"State" means the State of California.

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, as defined in 14 CCR Section 18982(a)(71).

"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following:

1. Supermarket.

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

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.

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

1. Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.

2. Hotel with an on-site food facility and two hundred or more rooms.

3. Health facility with an on-site food facility and one hundred or more beds.

4. Large venue.

5. Large event.

6. A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.

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

If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.

"Wholesale food vendor" means a commercial business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, as defined in 14 CCR Section 189852(a)(76).

(Ord. 2021-014, § 5(exh. A), 2021.)

The city manager, or his or her designee, may be authorized by the city council as needed 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 chapter in their entirety as if fully set forth herein.

(Ord. 2021-014, § 5(exh. A), 2021.)

In undertaking his or her obligations under Section 8.18.040, the city manager or his or her designee, with city council authorization as needed, shall have authority and responsibility to perform the following non-delegable determinations, programs or activities, and in so doing may utilize city personnel:

A. Initially determine, or modify, the organic waste collection services approach to be used by the city, either the standard collection services set forth in Article 3 of the SB 1383 Regulations, or the performance-based collection services set forth in Article 17 of the SB 1383 Regulations, following consultation with any applicable designee(s) and/or authorized collector.

B. Adopting organic waste recovery and edible food recovery standards and policies consistent with SB 1383 Regulations in cooperation with designee(s) and/or authorized collector and as may be further defined in a franchise agreement, permit, or similar contractual authorization for collection services with the city.

C. Granting or denial of waivers from certain SB 1383 Regulations to an generator, and preparation and maintenance of records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.11.

D. For the purposes of taking enforcement action under Sections 8.18.180 or 14 CCR Section 189985.4, conducting inspections and investigations in accordance with Section 18995.1 of generators for compliance with applicable SB 1383 Regulations, and preparation and maintenance of records regarding such activities. Nothing in this section shall prohibit the city manager or his or her designee from requesting a designee(s) and/or authorized collector's assistance in gathering or providing evidence and information necessary to support city enforcement actions in accordance with Sections 8.18.170 and 8.18.180.

E. For the purposes of taking enforcement action under Section 8.18.180 or 14 CCR Section 189985.4, 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. Nothing in this section shall prohibit the city manager or his or her designee from requesting a designee(s) and/or authorized collector's assistance in gathering or providing evidence and information necessary to support city enforcement actions in accordance with Sections 8.18.170 and 8.18.180.

F. 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.

G. Regulating food recovery organizations and food recovery services for their compliance with applicable SB 1383 Regulations.

H. Regulating organic waste generators for their compliance with applicable SB 1383 Regulations.

I. Exercising the city's police powers in initiating, investigating, and prosecuting enforcement actions for violation of this chapter and the [SB] 1383 Regulations, including the determination and assessment of penalties as set forth in 14 CCR Sections 18995.1, 189955.4, 18997.1 and 18997.2.

J. Receipt and investigation of written complaints received by the city of alleged violations of Chapter 12 of Title 14 as set forth in 14 CCR Section 18995.3.

K. Procuring of recycled-content paper for use by the city as set forth in 14 CCR Section 18993.3.

L. Adopting CalGreen Building Standards as set forth in 14 CCR Section 18989.1 and adopting a MWELO as set forth in 14 CCR Section 18989.2.

M. 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.

N. Maintaining and submitting records and reports required by the SB 1383 Regulations.

(Ord. 2021-014, § 5(exh. A), 2021.)

Except for those determinations, programs, or activities that are non-delegable as set forth under Section 8.18.050, in undertaking obligations under Section 8.18.040, the city 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, or other designees.

(Ord. 2021-014, § 5(exh. A), 2021.)

Single-family generators shall subscribe to a three-container collection service that includes a blue container, green container, and gray container, and shall comply with the following requirements, except those single-family generators that meet all applicable self-hauler requirements in the Chino Municipal Code:

A. Shall subscribe to, and pay for, city's collection services for all discarded materials generated as described in Section 8.18.070(B). City or its 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 of materials and containment of materials; and, single-family generators shall adjust their service level for collection services as requested by the city, its authorized collector or other designee. Generators may additionally manage their discarded materials by preventing or reducing their discarded materials, 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 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 organic materials, including food waste, in the green container; source separated recyclable materials in the blue container; and solid waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container, nor materials designated for the green or blue containers into the gray container. It shall be unlawful and a violation of this chapter to place contamination in a collection container, and may subject the generator to a contamination processing fee or enforcement action as set forth in Section 8.18.180.

2. No person shall interfere in any manner with any green, blue, or gray container or the contents thereof, or remove any blue, green, or gray container or the contents thereof from the location where the same was placed by the owner or occupant of the premises for collection.

(Ord. 2021-014, § 5(exh. A), 2021.)

Generators that are commercial businesses, including multi-family residential dwellings, shall:

A. Subscribe to, and pay for, city's three-container collection services and comply with requirements of those services as described below in Section 8.18.080(B), except commercial businesses that meet all self-hauler requirements set forth in the Chino Municipal Code. City or its 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; and, commercial businesses shall adjust their service level for their collection services as requested by the city, its authorized collector or other designee.

B. Except commercial businesses that meet the self-hauler requirements in this chapter, participate in the city's collection service(s) by placing designated materials in designated containers as described below.

1. Generator shall place and/or direct its generators to place organic materials, including food waste, in the green container; source separated recyclable materials in the blue container; and solid waste in the gray container. Generator shall not place, and direct its generators not to place, prohibited container contaminants in collection containers and not place materials designated for the gray container into the green container or blue container or materials designated for the green or blue container into the gray container. It shall be unlawful and a violation of this chapter to place contamination in a collection container, and may subject the generator to a contamination processing fee or enforcement action as set forth in Section 8.18.180.

2. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels and colors (conforming with subsections 3(a) and 3(b) below) for employees, contractors, tenants, customers and invitees, to dispose discarded materials in a manner consistent with the city's blue container, green container, and gray container collection service; or if self-hauling per the commercial businesses' instructions to support its compliance with its self-haul program in accordance with Section 8.18.130.

3. Excluding multi-family residential dwellings, provide containers for the collection of organic materials and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that commercial business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the commercial 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 commercial business shall have either:

a. A body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. 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 subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

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. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

4. Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirements in subsection 3(b) pursuant to 14 CCR Section 18984.9(b).

5. To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.18.130.

6. Excluding multi-family residential dwellings, periodically inspect blue containers, green containers, and gray containers for contamination and inform employees if there are contaminated containers and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

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

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

9. Provide or arrange access for city or its designee to their properties during all Inspections conducted in accordance with Section 8.12.140 of this chapter to confirm compliance with the requirements of this chapter.

10. Accommodate and cooperate with city's program for inspection of the contents of containers for prohibited container contaminants, which may be implemented by city at a later date, to evaluate generator's compliance with this Section 8.18.080(B).

11. At commercial business' option and subject to any approval required from the city, implement a program for inspection of the contents of its blue containers, green containers, and gray containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants.

12. If a commercial business wants to self-haul, it must meet the self-hauler requirements in Section 8.18.130 of this chapter.

13. 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).

14. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.18.100.

(Ord. 2021-014, § 5(exh. A), 2021.)

A. De Minimis Waivers. City may waive a commercial business' obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the commercial business generates below a certain amount of organic waste material as described in Section 8.18.090(A)(2) below. Commercial businesses 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 8.18.090(A)(2) below.

2. Provide documentation that either:

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

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

c. In order to verify the foregoing data, city may require the commercial business to receive a waste stream assessment from an authorized hauler or other designee.

3. Notify city if circumstances change such that commercial business' organic waste exceeds the threshold required for waiver (or total solid waste cubic yardage falls short of that threshold), in which case the waiver will be rescinded.

4. Provide written verification of eligibility for de minimis waiver every five years, if city has approved de minimis waiver.

B. Physical Space Waivers. City may waive a commercial business' or property owner's obligations (including multi-family 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, an authorized collector or other designee, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the organic waste collection requirements of Section 8.18.080. A commercial business or property owner may request a physical space waiver through the following process:

1. Submit an exemption request form to the public works department 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 green containers including documentation from its authorized collector or other designee, licensed architect, or licensed engineer.

3. Provide written verification to the city manager or his/her designee that it is still eligible for physical space waiver every five years, if city has approved application for a physical space waiver.

(Ord. 2021-014, § 5(exh. A), 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 and 14 CCR Section 18991.4.

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 and the SB 1383 Regulations, commencing January 1, 2024.

C. Commercial edible food generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

2. Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (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. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

4. Allow the city enforcement official or a designee for program enforcement to access the premises and review records pursuant to 14 CCR Section 18991.4.

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

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

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

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.

6. No later than July 1st of each year commencing no later than July 1, 2022 for tier one commercial edible food generators and July 1, 2024 for tier two commercial edible food generators provide an annual food recovery report to the city that includes the records listed in Section 8.18.100(C)(5)(c).

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. 2021-014, § 5(exh. A), 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 tier one and tier two edible food 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 or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city it is located in 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) no later than June 1 of each calendar year.

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

(Ord. 2021-014, § 5(exh. A), 2021.)

A. Authorized collectors and designees providing collection services to generators shall meet the following requirements as a condition of approval of a contract, agreement, or similar contractual authorization with the city to collect discarded materials:

1. Through written notice to the city annually starting on or before July 1, 2022, identify the facilities to which they will transport discarded materials, including facilities for source separated recyclable materials, organic materials, and solid waste unless otherwise stated in the franchise agreement, contract, permit, or license, or other authorization with the city.

2. Transport source separated recyclable materials to a facility that recovers those materials; transport source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; and transport solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste; and transport manure to a facility that manages manure in conformance with 14 CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC). Notwithstanding the foregoing, no authorized collector shall be required to transport any containers with prohibited container contaminants to a facility, operation, activity, or property that recovers organic waste.

3. Obtain approval from the city to haul discarded materials, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and Section 8.18.140 hereof.

4. The city's authorization of exclusive or non-exclusive rights to provide collection services for discarded materials shall comply with any education, equipment, signage, container labeling, container color, contamination monitoring, and reporting requirements relating to the collection of discarded materials contained within its franchise agreement with the city.

B. It shall be a violation of this chapter for any person to collect discarded materials or provide any collection services related thereto unless such person is an authorized collector, a self-hauler, or a designee that is authorized to perform duties in furtherance of city compliance with [SB] 1383 Regulations in manner that does not infringe upon any franchise rights held by an authorized collector.

C. Requirements for facility operators and community composting operations:

1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty days.

2. Community composting operators, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. entities contacted by the city shall respond within sixty days.

3. Owners of facilities, operations, and activities located in the city's boundaries that receive recyclable materials, organic materials, and/or solid waste shall provide to the city on a quarterly basis copies of all reports that the owners are required to report to CalRecycle, including at minimum, those required by AB 901 and SB 1383.

(Ord. 2021-014, § 5(exh. A), 2021.)

A. Self-haulers shall source separate all recyclable materials and organic materials (materials that the city otherwise requires generators to separate for collection in the city's collection program) generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, and shall deliver their materials to facilities described in subsection (B) below, or shall haul solid waste (that includes recyclable materials and/or organic waste that is not source separated) to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

B. Self-haulers that source separate their recyclable materials and organic materials shall haul their source separated recyclable materials to a facility that recovers those materials; haul their organic materials to a facility, operation, activity, or property that processes or recovers source separated organic waste; and, haul their solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste.

C. Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep records of the amount of recyclable materials, organic waste, and solid waste delivered to each facility that processes or recovers recyclable materials, organic waste or materials, and processes or disposes of solid waste or shall keep records of solid waste delivered to high diversion organic waste processing facilities. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste.

2. The amount of material in cubic yards or tons transported by the generator to each entity.

3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the discarded materials.

D. A residential generator that self-hauls organic waste is not required to record or report information in Section 8.18.130(C).

E. Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in Section 8.18.130(C) to the city if requested and within ten days of such request.

(Ord. 2021-014, § 5(exh. A), 2021.)

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 amended, if its project is covered by the scope of CalGreen or more stringent requirements of the city. If the requirements of CalGreen are more stringent then the requirements of this section, the CalGreen requirements shall apply.

Project applicants shall refer to city's building and/or planning code for complete CalGreen requirements.

B. For projects covered by CalGreen or more stringent requirements of the city, the applicants must, as a condition of the city's permit approval, comply with the following:

1. Where five or more multi-family residential dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of discarded materials, consistent with the three-container collection program offered by the city, 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 amended, provided amended requirements are more stringent than the CalGreen requirements for adequate recycling space effective January 1, 2020.

2. New commercial construction or additions resulting in more than thirty percent of the floor area shall provide readily accessible areas identified for the storage and collection of discarded materials, consistent with the three-container collection program offered by the city, 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 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 and recyclable materials in C&D debris, from disposal. Comply with all written and published city policies, ordinances, and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D debris.

(Ord. 2021-014, § 5(exh. A), 2021.)

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 five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch as delineated in this Section 8.18.150.

B. The following compost and mulch use requirements that are part of the MWELO are now also included as requirements of this chapter. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.

C. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 8.18.150(A) above shall:

1. Comply with Sections 492.6(a)(3)(B), (C), (D) and (G) of the MWELO, which requires 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 one thousand 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 materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

2. The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 8.18.150(A) shall consult the full MWELO for all requirements.

D. If, after the adoption of this chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires jurisdictions 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. 2021-014, § 5(exh. A), 2021.)

A. City departments, and direct service providers to the city, as applicable, must comply with a city-adopted procurement policy for recycled-content paper products adopted in accord with 14 CCR Section 18993.3.

B. All vendors providing paper products and printing and writing paper to the city shall:

1. If fitness and quality are equal, provide recycled-content paper products that consist of at least thirty 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.

5. Provide records to the city's designated personnel member for purposes of procurement recordkeeping in accordance with the city's recycled-content paper procurement policy(ies) of all paper products and printing and writing paper purchases within thirty 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 8.18.160(B)(3) and (B)(4) of this chapter 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 or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.

(Ord. 2021-014, § 5(exh. A), 2021.)

A. City representatives and/or its designated entity, including designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by 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 to enter the interior of a private residential property for inspection.

B. Generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, self-haulers, food recovery services, and food recovery organizations shall provide or arrange for access during all inspections (except for residential property interiors) and shall cooperate with the city's personnel or its 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 chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

C. Any records obtained by the city during its 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/personnel and/or designee are authorized to conduct any inspections or other investigations of generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, self-haulers, food recovery services, and food recovery organizations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

E. 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.

(Ord. 2021-014, § 5(exh. A), 2021.)

A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official or representative. Enforcement actions under this chapter include, but are not limited to, issuance of an administrative citation and assessment of a fine. In addition to the procedures in this Section 8.18.180, the city may enforce this chapter consistent with the procedures in Chino Municipal Code Chapter 1.15.

B. Other remedies allowed by law may be used for enforcement, including, but not limited to, civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.

C. Responsible Entity for Enforcement:

1. Enforcement pursuant to this chapter may be undertaken by the city enforcement official or his/her designee authorized and legally able to undertake such action.

a. The city enforcement official or his/her designee will interpret this chapter; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.

b. The city enforcement official or his/her designee may issue notices of violation(s).

D. Process for Enforcement:

1. The city enforcement official or his/her designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an Inspection program. Section 8.18.170 establishes city's right to conduct inspections and investigations.

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

3. Contamination prevention.

a. For incidences of prohibited container contaminants found by city or its designee in containers, city will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Prior to issuance of a notice of violation, city's designee may provide an informal warning(s) or notice(s) of prohibited container contaminants via cart tag. Thereafter, any notice of violation shall be provided by the city via mail within two days after city determines a violation has occurred with respect to prohibited container contaminants. If the city, its authorized collector, or other designee observes prohibited container contaminants in a generator's containers on more than two occasion(s) in any calendar year starting January 1, the city may assess an administrative fine or penalty on the generator in accordance with Section 8.18.180(E).

b. In addition to Section 8.18.180(D)(3)(a), a designee (including an authorized collector) may implement through designee's service rate structure a contamination service charge for customers committing incidents of prohibited container contaminants. Designee shall provide such customers with written notice and/or cart tags, or such other procedures required under any contract, agreement, or similar contractual authorization between the city and its designee, prior to levying any contamination service charge. The foregoing contamination service charge shall not be considered an administrative fine or penalty. Any disputes arising from the assessment of a contamination service charge shall be adjudicated pursuant to the customer complaint resolution process provided under the terms of any contract, agreement, or similar contractual authorization between the city and its designee assigned to collect discarded materials.

4. Except for violations of generator contaminated containers addressed under Section 8.18.180(D)(3), city shall issue a notice of violation requiring compliance within sixty 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 enforcement action to impose penalties, via an administrative citation and fine. Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the city 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, depending upon available information.

E. Penalty Amounts for Types of Violations. The penalty levels for city-issued notices of violation are as follows:

1. For a first violation, the amount of the base penalty shall be one hundred dollars per violation.

2. For a second violation, the amount of the base penalty shall be two hundred dollars per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be five hundred dollars per violation.

F. Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this Section 8.18.180 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, including, without limitation, pandemics or epidemics;

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

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 CCR Section 18996.2 due to those deficiencies.

G. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to the appeal procedures in Chino Municipal Code Section 1.15.110.

H. Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, city will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance with this chapter, and if city determines that a generator, self-hauler, designee, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

I. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the city determines that a generator, self-hauler, designee, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this Section 8.18.180, as needed.

J. Enforcement Table—Non-exclusive List of Violations. Table 1 below provides a non-exclusive list of violations of this chapter which may subject an entity to an enforcement action pursuant to this Section 8.18.180.

Table 1. List of Violations

(Ord. 2021-014, § 5(exh. A), 2021.)

In interpreting this chapter in conjunction with the city's general solid waste regulations (Chino Municipal Code Chapter 8.16), in the event of any conflict between this chapter and Chapter 8.16 that cannot be reasonably harmonized through the application of lawful principles of statutory construction, the provisions of this chapter shall control with respect to all issues specific to the regulation of organic and food waste collection, disposal, enforcement and penalties.

(Ord. 2021-014, § 5(exh. A), 2021.)

This chapter shall be effective commencing on January 1, 2022.

(Ord. 2021-014, § 5(exh. A), 2021.)