Clayton Municipal Code Ch. 8.04 Solid Waste Collection

Footnotes:

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Editor's note— Ord. 496, Exh. A, adopted June 7, 2022, amended Chapter 8.04 in its entirety to read as herein set out. Former Chapter 8.04, §§ 8.04.010—8.04.330, pertained to similar subject matter, and derived from Ord. 19, adopted in 1964; Ord. 164, § 1, adopted in 1977; Res. No. 42-80, adopted in 1980; and Ord. 385, adopted in 2005.

In this chapter, unless the context otherwise requires:

A. "AB 939" means the California Integrated Waste Management Act of 1989, codified in part in Public Resources Code Section 40000 et seq., as amended, and as implemented by the regulations of CalRecycle, or its successor.

B. "Business" means a Commercial entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or non-profit entity, or a Multi-Family Residential Dwelling.

C. "C&D Debris" or "Construction and Demolition Debris" shall have the same meaning as described in Section 15.80.010.

D. "CalRecycle" means the California Department of Resources Recycling and Recovery.

E. "CCR" means the California Code of Regulations.

F. "City" means the City of Clayton and includes its officers, agents, and employees.

G. "City Council" means the City Council of the City of Clayton.

H. "Collect" or "Collection" means to take physical possession, transport, and remove Solid Waste, targeted Recyclable Materials, Organic Materials, or other materials within and from the City.

I. "Commercial" or "Commercial Business" means a business, industrial, or Commercial establishment, or construction site, and any Multi-Family Residential Dwelling with five (5) units or more.

J. "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74).

K. "Commercial Premises" means all Premises in the City, other than Residential Premises, where Solid Waste, including Recyclable Materials and Organic Waste, is generated or accumulated. The term "Commercial Premises" includes, but is not limited to, stores; restaurants; rooming houses; hotels; motels; office buildings; department stores; manufacturing, processing, or assembling shops or plants; hospitals; clinics; and nursing homes.

L. "Community Composting" means any activity that composts Yard Waste, 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 one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

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

N. "Compost" has the same meaning as 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 Solid Wastes that are Source Separated from the Solid Waste stream, or which are separated at a centralized facility.

O. "Container" or "Containers" means the containers, including bins and carts, distributed by a Contractor for the collection of Solid Waste, including Recyclable Materials and Organic Waste.

P. "Container Contamination" or "Contaminated Container" means a Container that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

Q. "Contractor" means an agent or employee of the City, or a person, firm, or corporation with whom the City contracts to collect and dispose of Solid Waste, Recyclable Materials, and Organic Waste produced in the City.

R. "County" means the County of Contra Costa.

S. "Designee" means an entity with which the City contracts or otherwise arranges to carry out any of the City's responsibilities under this chapter, as authorized in 14 CCR Section 18981.2, including but not limited to a governmental entity, a hauler, a private entity, or a combination thereof.

T. "Dwelling" means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except "Dwelling" does not include hospitals, hotels, motels, nursing homes, or convalescent centers.

U. "Edible Food" means food intended for human consumption, or as otherwise 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.

V. "Enforcement Action" means an action of the City to address non-compliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

W. "Enforcement Officer" means the City Manager, County administrative official, chief operating officer, executive director, public works director, or other executive in charge of their authorized designees who is/are partially or wholly responsible for enforcing this chapter.

X. "Excluded Waste" means hazardous substances, Hazardous Waste, infectious waste, designated waste, volatile waste, corrosive waste, medical waste, 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 chapter, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by 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 the 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.

Y. "Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

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

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

BB. "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 or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

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

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

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

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.

CC. "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, or as otherwise defined in 14 CCR Section 18982(a)(26).

DD. "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.

EE. "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, or as otherwise defined in 14 CCR Section 18982(a)(27).

FF. "Food-Soiled Paper" means 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.

GG. "Food Waste" means Food Scraps separated from Solid Waste and offered for collection by a Franchise Hauler, that will decompose and/or putrefy including (i) all kitchen and table food waste, and animal and vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs; and (ii) paper waste contaminated with food waste.

HH. "Garbage" includes:

1. Wastes from the preparation, cooking and serving of food; market refuse; waste from the handling, storage and sale of produce;

2. Inorganic refuse and rubbish.

II. "Garden trimmings" means tree branches, leaves, weeds, plants, and yard trimmings.

JJ. "Generator" means any Person or other entity who is responsible for the initial creation of Solid Waste.

KK. "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 a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

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

MM. "Hazardous Waste" means any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means if such waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife. It shall also include all wastes so defined by the California Health and Safety Code including "infectious waste."

NN. "Health officer" means the health officer of Contra Costa County.

OO. "Inspection" means a site visit where the City or its Designee reviews records, Containers, and an entity's collection, handling, Recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with the requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

PP. "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 two thousand (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.

QQ. "Large Venue" means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation 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.

RR. "Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of City regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

SS. "Multi-Family Dwelling" or "Multi-Family Residential Dwelling" means a Residential structure with five (5) or more residences.

TT. "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, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

UU. "Organic Materials," "Organic Waste," or "Organics" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, Yard Waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). Organic Waste includes, but is not limited to, Food Scraps, Food-Soiled Paper, and Yard Waste.

VV. "Organic Waste Container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Organic Waste.

WW. "Person" means an individual, group of individuals, firm, association, public or private corporation, or public agency, and/or any legal entity recognized by the laws of the State.

XX. "Place" means public or private land, building, site, public or private drainage ditch, or public or private road in the City.

YY. "Premises" means every dwelling house, dwelling unit, apartment house, or multiple-dwelling building, trailer, or mobile home park, store, restaurant, rooming house, hotel, motel, hospital, office building, department store; manufacturing, processing, or assembling shop or plant; warehouse; and every other property or building where any person resides or any business or activity is carried on or conducted within the City.

ZZ. "Prohibited Container Contaminants" means the following: (i) discarded materials placed in the Recyclable Materials Container that are not identified as acceptable Source Separated Recyclable Materials for the City's Recyclable Materials Container; (ii) discarded materials placed in the Organic Waste Container that are not identified as acceptable Source Separated Organic Materials for the City's Organic Waste Container; (iii) discarded materials placed in the Refuse Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Organic Materials to be placed in City's Organic Materials Container and/or Recyclable Materials Container; and (iv) Excluded Waste or Hazardous Waste placed in any Container.

AAA. "Recyclable Materials" or "Recyclables" means materials that can be Source Separated from Solid Waste and Organic Materials prior to Collection for the purpose of returning these materials to the economic mainstream in the form of raw materials for new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace. "Recyclable Materials" include any materials identified by the agency that can be feasibly collected and marketed for Recycling by the City's Contractor, including, but not limited to, paper and paper products, chipboard, cardboard, plastic food and beverage containers, glass jars and bottles, aluminum, tin, and bimetal cans.

BBB. "Recyclable Materials 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.

CCC. "Recycle" or "Recycling" means the process of Collecting, sorting, cleaning, treating, and reconstituting materials that would otherwise be disposed of, and then returning these materials to the economic mainstream in the form of raw materials for use or reuse as new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace as defined in Public Resources Code Section 40180. "Recycling" does not include burning, incinerating, or thermally destroying Solid Waste, as defined in Public Resources Code Section 40201. The City shall specify additional materials covered under this chapter at its discretion.

DDD. "Refuse" means putrescent and non-putrescent Solid Waste, except dead animals, abandoned automobiles, industrial refuse, sewage and sludge, and includes garbage, rubbish, ashes, street refuse, paper, cartons, boxes, barrels, wood and excelsior, wood furniture, bedding, metals, tin cans, metal furniture, and glass crockery. Refuse means and includes Solid Waste.

EEE. "Refuse Container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Refuse or Solid Waste.

FFF. "Route Review" means a visual Inspection of Containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(675).

GGG. "SB 1383" means Senate Bill 1383 (Chapter 395, Statutes of 2016).

HHH. "SB 1383 Regulations" means 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.

III. "Self-Hauler" means a Person, who hauls Solid Waste, Recyclable Materials, or Organic Waste, that he or she has generated to an appropriate processing facility. Self-Hauler also includes a person who Back-Hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). "Back-Haul" means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

JJJ. "Solid Waste" means and includes all discarded putrescible and non-putrescible Solid, semisolid, and liquid Wastes, including garbage, garden trimmings, Organic Waste, Refuse, and Recyclable Materials, which latter term means glass, paper, cardboard, wood, concrete, plastic, used motor oil, ferrous and non-ferrous metal, aluminum and any other Solid Waste material capable of being Recycled. References elsewhere in this Chapter 8.04 to "Garbage," "Garden Trimmings," and/or "Refuse," shall mean collectively "Solid Waste" unless specifically referenced otherwise.

KKK. "Solid Waste Handling Services" means the collection, transportation, storage, transfer, disposal or processing of Solid Waste for compensation.

LLL. "State" means the State of California.

MMM. "Temporary Bin/Roll-Off Service" means on-call Solid Waste Handling Services provided on an as-needed and temporary basis by use of temporarily-placed Bins, regardless of whether or not such Bins are actually placed upon any street or property within the City or left attached to the vehicle used to transport such Bins.

NNN. "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one or more of the following:

1. Supermarket.

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

3. Food Service Provider.

4. Food Distributor.

5. Wholesale Food Vendor.

OOO. "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one or more of the following:

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

2. Hotel with an on-site Food Facility and two hundred (200) or more rooms.

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

4. Large Venue.

5. Large Event.

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

7. A Local Education Agency facility with an on-site Food Facility.

PPP. "Wholesale Food Vendor" means a 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, or as otherwise defined in 14 CCR Section 189852(a)(76).

QQQ. "Yard Waste" means Organic Waste generator from the maintenance or alteration of landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and weeds. "Yard Waste" includes but is not limited to "Garden Trimmings."

(Ord. 496, Exh. A, 2022)

No Person shall keep or dispose of Solid Waste in a manner or upon any place which affords food or harborage for rodents or insects, or which causes a public nuisance or public health hazard, or in a manner which violates this chapter.

(Ord. 496, Exh. A, 2022)

A Person having control where Solid Waste accumulates shall place the Solid Waste in Containers which:

A. Are provided by the Collection Contractor (other watertight containers may be used to store excess solid waste pending collection).

B. Do not exceed ninety-six (96) gallons for Solid Waste, sixty-four (64) gallons for Organic Waste; and sixty-four (64) gallons for Recyclable Materials.

C. Are placed at curbside to be picked up on Collection day.

D. Are kept clean by the user.

(Ord. 496, Exh. A, 2022)

Each Person who has a Solid Waste Container shall keep the area where the Solid Waste Container is located clean and free of uncontainerized Solid Waste.

(Ord. 496, Exh. A, 2022)

A Person shall not burn or bury Solid Waste within the City.

(Ord. 496, Exh. A, 2022)

A Person shall not throw or deposit Solid Waste on or in any Place or Premises in the City other than its associated Container(s).

(Ord. 496, Exh. A, 2022)

Each property owner and/or resident shall maintain his or her property free of excess Solid Waste.

(Ord. 496, Exh. A, 2022)

Each Person who has charge or control of a place where Solid Waste accumulates shall provide a suitable method of storage so that the Solid Waste will not scatter.

(Ord. 496, Exh. A, 2022)

Each Person from whom Solid Waste and Organic Waste are collected shall maintain the Container in locations as follows:

A. Solid Waste and Recyclable Materials Containers. For each Residential structure the Solid Waste and Recyclable Materials Containers shall be placed at the curb, in a place easily accessible to the Collector; for each Nonresidential or Commercial structure, the location shall be at the rear of the structure, where practical.

B. Organic Waste Containers. For each Residential structure, the Organic Waste Container shall be placed at the curb line; for each Nonresidential or Commercial structure, the location shall be at the rear of the structure, where practical.

(Ord. 496, Exh. A, 2022)

The Containers placed at the curb line for Collection of Solid Waste shall be those provided by the Collection Contractor and be of a capacity not exceeding ninety-six (96) gallons for Solid Waste, sixty-four (64) gallons for Organic Waste, and sixty-four (64) gallons for Recyclable Materials.

(Ord. 496, Exh. A, 2022)

Each Solid Waste Container placed at the curb line for Collection shall be placed there no earlier than 12:00 p.m. (noon) of the day preceding the day of Collection and shall be removed no later than 10:00 p.m. of the day of Collection.

(Ord. 496, Exh. A, 2022)

No Person shall collect or dispose of Solid Waste from any place of which he or she has charge or control where the same accumulates unless he or she first obtains a permit to do so from the City. This requirement applies only to Solid Waste accumulated, generated, or produced on the Person's own Premises and not elsewhere.

(Ord. 496, Exh. A, 2022)

The City Council may enter into an exclusive contract with a person, firm, or corporation for the Collection and removal of Solid Waste, Organic Waste, or Recyclable Materials, or all such substances from within the City.

(Ord. 496, Exh. A, 2022)

If the City has an exclusive contract, it is mandatory for every Person in the City to subscribe to the service provided by the Contractor, except that any resident or property owner may Self-Haul Solid Waste generated on his or her own premises only providing that an affidavit shall first be filed with the City Clerk, setting forth an alternative means of disposal approved by the Health Officer, and a permit received from the City as provided for in Section 8.04.120 of this chapter.

(Ord. 496, Exh. A, 2022)

Solid Waste, Organic Waste, and Recycled Materials shall be collected at least once each week.

(Ord. 496, Exh. A, 2022)

Solid Waste, Recyclable Materials, and Organic Materials conveyed on streets in the City shall be hauled in all metal, watertight bodied motor trucks, and in a manner so that the contents will not sift through or fall upon the street and will not blow upon the street or adjacent property. The truck body shall be constructed of metal of sufficient strength to withstand fire within, without endangering persons or property. The truck body in which Solid Waste is regularly hauled shall be washed at least once each week. Each truck shall be equipped with a covering drawn over the load as completed to full depth. Solid Waste in the truck shall be completely covered between the point of Collection and the point of disposal. Contractors shall ensure that all Source Separated materials collected from Generators are not commingled during transportation so as to avoid Contamination.

(Ord. 496, Exh. A, 2022)

The City may provide for the Collection and disposal of Solid Waste, Organic Waste, and Recyclable Materials accumulated inside the City by granting to a qualified Person, firm, or corporation the privilege of doing so. The privilege granted by the City may be either exclusive or nonexclusive, and may relate to all or a portion of the area within the City and may relate to all of such substances or to any one or more of said substances.

(Ord. 496, Exh. A, 2022)

If the City grants a privilege for the Collection and removal of Solid Waste, Organic Waste, or Recyclable Materials, or any combination of said substances, it shall enter into a written contract with the Contractor.

(Ord. 496, Exh. A, 2022)

The Contractor shall furnish a bond and provide insurance in the amounts determined by the City Council.

(Ord. 496, Exh. A, 2022)

The City may terminate a contract entered into under this chapter and revoke the privilege granted by it if the Contractor violates the contract, this chapter, or a rule or regulation of the City applicable to the Contractor.

(Ord. 496, Exh. A, 2022)

Before terminating a contract under Section 8.04.200, the City Council shall notify the Contractor of the violation, default, or breach, and give the Contractor ten (10) days from the date of such notice to cure the same. If the Contractor fails to correct the violation or if the Contractor is found to have committed the same or a similar violation within a period of sixty (60) days, or fails to cure the default or breach after being so notified by the City, the City shall give the Contractor at least twenty (20) days' notice of a hearing. The hearing conducted by the City Council shall commence on the date provided in the notice and may be continued from day to day thereafter until completed. The City Council shall hear any and all relevant evidence, and after the hearing has been completed, and the matter submitted, if the City Council finds that the Contractor has violated the contract, this chapter, or a rule or regulation of the City applicable to the Contractor, and has failed to cure the defect pursuant to the written notice previously served upon the Contractor, the City Council may immediately terminate the contract.

(Ord. 496, Exh. A, 2022)

The Contractor or City may charge rates for the collection of Solid Waste as approved by resolution of the City Council.

(Ord. 496, Exh. A, 2022)

It is an infraction for one to violate or fail to comply with the provisions of this chapter under Sections 8.04.010 through 8.04.290, inclusive, or any regulation promulgated thereto. An infraction is punishable (1) by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same chapter within one (1) year of a prior infraction; (3) a fine not exceeding three hundred dollars ($300.00) for each additional violation of the same chapter within one (1) year of two (2) or more prior infractions.

(Ord. 496, Exh. A, 2022)

Each day's violation of this chapter and each violation is a separate offense.

(Ord. 496, Exh. A, 2022)

In the event of a violation of this chapter, and in addition to other penalties provided in this chapter, the Health Officer may send a written Notice of Violation to the owner of property on which the violation occurred at the address of the owner as it appears on the assessment roll of the County of Contra Costa. The notice shall state the nature of the violation, that the owner is required to abate the condition immediately, and that if the owner fails to abate the condition it may be abated by the Health Officer and the owner shall be liable for the cost thereof.

(Ord. 496, Exh. A, 2022)

If the condition is not abated by the owner in accordance with the notice, the Health Officer may abate the condition and shall charge the owner for the cost thereof. If this charge is not paid within sixty (60) days, the amount of the charge, plus accrued interest at the rate of six percent (6%) per year from the date of the charge, shall be added to the next regular tax bill sent to the owner by the designated tax collector of the City and shall be collected in the manner fixed by laws for the collection of taxes, or in the alternative, recovery therefore may be had through civil action.

(Ord. 496, Exh. A, 2022)

If the health officer finds that a violation has created an emergency condition endangering the public health, he or she may abate the condition in accordance with Section 8.04.270.

(Ord. 496, Exh. A, 2022)

Single Family Organic Waste Generators shall comply with the following requirements:

A. Subscribe to the City's three-Container Collection services. The 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 Source Separation and containment of materials; and Single-Family Generators shall adjust their service levels for their Collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste through backyard Residential Composting, and/or using a Community Composting site.

B. Participate in the City's three-Container Collection service(s) by placing Source Separated Organic Waste, including Food Waste, in the Organic Waste Container, all Recyclable Materials in the Recyclable Materials Container, and all Refuse in the Refuse Container. Generator shall not place materials designated for the Refuse Container into the Organic Waste Container or Recyclable Materials Container, nor materials designated for the Organic Waste Container or Recyclable Materials Container, respectively, into the Refuse Container.

(Ord. 496, Exh. A, 2022)

Commercial Businesses, including Multi-Family Residential Dwellings, shall comply with the following requirements:

A. Subscribe to the City's three-Container Collection services and comply with requirements of those services as described below in Section 8.04.310(B), except Commercial Businesses that meet the Self-Hauler requirements of this chapter. The 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 Source Separation and containment of materials; and Commercial Businesses shall adjust their service levels for their Collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste through backyard Residential Composting, and/or using a Community Composting site.

B. Except Commercial Businesses that meet the Self-Hauler requirements of this chapter, participate in the City's three-Container Collection services by placing Source Separated Organic Waste, including Food Waste, in the Organic Waste Container; Source Separated Recyclable Materials in the Recyclable Materials Container; and Refuse in the Refuse Container. Generator shall not place materials designated for the Refuse Container into the Organic Waste Container or Recyclable Materials Container, nor materials designated for the Organic Waste Container or Recyclable Materials Container, respectively, into the Refuse Container.

C. Supply and allow access to adequate number, size, and location of Collection Containers with sufficient labels or colors (conforming with Sections 8.04.310(D)(1) and 8.04.310(D)(2) below) for employees, contractors, tenants, and Customers, consistent with City's Recyclable Materials Container, Organic Waste Container, and Refuse Container Collection service or, if Self-Hauling, per the Commercial Businesses' instructions to support its compliance with its Self-Haul program, in accordance with this chapter.

D. Excluding Multi-Family Residential Dwellings, provide Containers for the collection of Source Separated Refuse, Source Separated Organic Waste, and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal Containers are provided for Customers, for materials generated by that business. Such Containers do not need to be provided in restrooms. If a Commercial Business 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 the 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.

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 to 14 CCR Section 18984.8, the Container labeling requirements are required on new Containers as of January 1, 2022.

E. Multi-Family Residential Dwellings are not required to comply with Container placement requirements or labeling requirements in Section 8.04.310(D), pursuant to 14 CCR Section 18984.9(b).

F. 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 Recyclable Materials Container, Organic Waste Container, and Refuse Container Collection service or, if Self-Hauling, per the Commercial Business' instructions to support its compliance with its Self-Haul program, in accordance with this chapter.

G. Excluding Multi-Family Residential Dwellings, periodically inspect Recyclable Materials Container, Organic Waste Container, and Refuse Container 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 Organic Materials 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 Organic Materials and Source Separated Recyclable Materials separate from Refuse (when applicable) and the location of Containers and the rules governing their use at each property.

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

K. If a Commercial Business wants to Self-Haul, it must meet the Self-Hauler requirements in 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 Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements pursuant to this chapter.

(Ord. 496, Exh. A, 2022)

A. De Minimis Waivers. The City may waive a Commercial Business' obligation (including that of a Multi-Family Residential Dwelling) to comply with some or all of the Organic Waste requirements of this chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 8.04.320(A)(2) below. Commercial Businesses requesting a de minimis waiver shall:

1. Submit an application specifying the services from which they are requesting a waiver and provide documentation as noted in Section 8.04.320(A)(2), below.

2. Provide documentation that either:

a. The Commercial Business' total Solid Waste Collection service is two (2) cubic yards or more per week and Organic Waste subject to Collection in an Organic Waste Container comprises less than twenty (20) gallons per week per applicable Container of the business' total waste; or

b. The Commercial Business' total Solid Waste Collection service is less than two (2) cubic yards per week and Organic Waste subject to collection in an Organic Waste Container comprises less than ten (10) gallons per week per applicable Container of the business' total waste.

3. Notify the City if circumstances change such that Commercial Business' Organic Waste exceeds the 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 the City has approved de minimis waiver.

B. Physical Space Waivers. The City may waive a Commercial Business' or property owner's obligations (including those of a Multi-Family Residential Dwelling) 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 8.04.310. A Commercial Business 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 Recyclable Materials Contains and/or Organic Waste Containers, including documentation from its hauler, licensed architect, or licensed engineer.

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

C. Collection Frequency Waiver. The City, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment, or industry that subscribes to the City's three-Container Collection service to arrange for the collection of their Recyclable Materials in a Recyclable Materials Container, Refuse in a Refuse Container, or both once every fourteen (14) days, rather than once per week.

D. Review and Approval of Waivers by the City. The City Manager or Designee will be responsible for review and approval of waivers.

(Ord. 496, Exh. A, 2022)

A. Tier One Commercial Edible Food Generators must comply with the requirements of this section, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.

B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

2. Enter into a written agreement with Food Recovery Organizations or Food Recovery Services for:

a. The collection of Edible Food for Edible Food Recovery from the Tier One or Tier Two Commercial Edible Food Generator's Premises; or,

b. The acceptance of Edible Food that the Tier One or Tier Two Commercial Edible Food Generator Self-Hauls to the Food Recovery Organization.

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's designated Enforcement Officer or Designee to access the Premises and to 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 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:

(1) The name, address, and contact information of the Food Recovery Service or Food Recovery Organization.

(2) The types of Edible Food that will be collected by, or Self-Hauled to, the Food Recovery Service or Food Recovery Organization.

(3) The established frequency that Edible Food will be collected or Self-Hauled.

(4) The quantity of Edible Food, measured in pounds recovered per month, collected or Self-Hauled to a Food Recovery Service or Food Recovery Organization for purposes of 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 (Chapter 285, Statutes of 2017).

(Ord. 496, Exh. A, 2022)

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 for which the Food Recovery Service transports Edible Food 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 collected from each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service from which the organization receives Edible Food for Food Recovery.

C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall, no later than March 1, July 1, and September 1 of each calendar year, report to the City in which they are located the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators with which they have established a contract or written agreement pursuant to 14 CCR Section 18991.3(b).

D. In order to support Edible Food Recovery capacity planning assessments and other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall, upon request, provide information and consultation to the City 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. 496, Exh. A, 2022)

A. Subject to the requirement to obtain a permit from the City, Generators may Self-Haul Recyclable Materials and Organic Materials generated by that entity to a Solid Waste facility suitable to receive the type(s) of waste hauled.

B. Self-Haulers shall:

1. Source Separate all Organic Materials generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a solid waste facility or a chipping/ grinding operation that processes or recovers source separated organic materials.

2. Source Separate all Recyclable Materials generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Recyclable Materials to a Solid Waste facility that recovers those materials.

3. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Materials delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:

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

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

c. 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 Organic Materials.

4. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall provide information collected pursuant to this section to the City if requested.

5. A Residential Organic Materials Generator that Self-Hauls Organic Materials is not required to record or report information as otherwise required by this Section.

6. Notwithstanding the foregoing, Self-Haulers shall not dispose of any Solid Waste in any manner not permitted by this chapter. To do so is a violation of this chapter and is punishable as such.

7. Exemptions. The following activities and circumstances do not qualify as Self-Hauling under this chapter:

a. Yard Waste and Garden Trimmings removed from a Premise by a gardening, landscaping, or tree-trimming contractor having a City business license and as an incidental part of a total service offered by that contractor other than as a disposal service, and tree trimmings, clippings, and all similar materials generated at parks and other publicly-maintained Premises;

b. Construction and Demolition Debris removed from a Premise by a licensed contractor as an incidental part of a total service offered by that contractor other than as a disposal service;

c. The collection of Hazardous Material or dangerous waste as part of a Hazardous Material collection activity authorized by the Merced County Environmental Health Division, including, without limitation, liquid and dry caustics, acids, bio-hazardous, flammable, or explosive materials, insecticides, and similar substances; and

d. Recyclable Materials and Organic Materials generated at any Premises or place of business and which are transported personally by the owner or occupant of such Premises (or by his or her full-time employees) to a Solid Waste or Recycling facility in a manner consistent with this chapter and other applicable laws.

(Ord. 496, Exh. A, 2022)

A. Requirements for Collectors.

1. Collectors shall meet the following requirements and standards as a condition of approval of a permit, contract, or other authorization with the City to collect Organic Materials:

a. Through written notice to the City annually on or before July 1, identify the facilities to which they will transport Organic Materials, including facilities for Source Separated Recyclable Materials and Source Separated Organic Waste.

b. Transport Source Separated Recyclable Materials, Source Separated Organic Waste, and/or Source Separated Refuse to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

c. Obtain approval from the City to haul Organic Materials, unless it is transporting Source Separated Organic Materials to a Community Composting site or lawfully transporting Construction and Demolition debris.

2. Each Hauler authorized to collect Organic Materials shall comply with education, equipment, signage, Container-labeling, Container color, Container Contamination monitoring, reporting, and other requirements contained within its agreement entered into with the City.

a. Owners of facilities, operations, and activities that recover Organic Materials, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within sixty (60) days.

b. Community Composting operators, upon the City's 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 Materials anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within sixty (60) days.

B. Solid Waste Collectors shall keep separate Recyclable Materials, Organic Materials, and other Refuse that have been Source Separated into Containers by Generators.

C. Solid Waste Collectors shall ensure that Source Separated Recyclable Materials are delivered to a Recycling facility and that Source Separated Organic Materials are delivered to an Organic Waste processing facility.

D. Within five (5) days of request by the City, Solid Waste Collectors shall provide progress reports providing the following information, at a minimum:

1. The total number of Solid Waste Customers to whom the Solid Waste Collector currently provides Recyclable Materials, Organic Materials, and other Solid Waste Collection services within the City's boundaries;

2. For each Solid Waste Customer, the account name, identifying number, primary contact, phone number, billing address, and service address;

3. Information on the type of Collection service provided, such as Recyclable Materials, Organic Materials, and other Solid Waste services;

4. The weekly volume and type of collection service provided, including the number, type, and size of Containers serviced and the days of service for each Container;

5. Name and location of the Solid Waste facilities where materials are delivered for processing;

6. List of accounts not in compliance with this chapter, including whether they are excluded or exempt based on the exemptions in Section 8.04.320.

(Ord. 496, Exh. A, 2022)

A. City Enforcement Officer and/or its Designee are authorized to conduct Inspections and investigations, at random or otherwise, to confirm compliance with and enforce the provisions of this chapter.

B. City representatives and/or its designated entities, 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 facilities for materials collected from Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, Self-Haulers, Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.

C. The regulated entity shall provide or arrange for access during all Inspections and shall cooperate with the City Enforcement Officer or Designee during such Inspections and investigations. Such Inspections and investigations may include Edible Food Recovery activities, records, or any other requirement described herein. Failure to provide or arrange for: (1) access to an entity's Premises; or (2) access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.04.380. Notwithstanding the foregoing, City Enforcement Officer and/or its Designee are not authorized to enter into the interior of any Residence in order to conduct Inspections and investigations under this chapter.

D. 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 6520 et seq.

E. City Enforcement Officer and/or its Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

F. City shall receive written complaints from Persons regarding an entity that may be potentially non-compliant with the SB 1383 Regulations, including through the receipt of anonymous complaints. Franchise Haulers shall relay to City in writing all written complaints they receive concerning acts or omissions of themselves or another entity that is potentially non-compliant with the SB 1383 Regulations, including anonymous complaints.

(Ord. 496, Exh. A, 2022)

A. Violation of Sections 8.04.300 through 8.04.370 of this chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by an Enforcement Officer. Enforcement Actions under this chapter include issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines are set forth in Chapters 1.14 and 1.18, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant hereto, except as otherwise indicated.

B. The City may seek all other remedies allowed by law, including civil action or prosecution for an alleged misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.

C. Penalty Amounts for Types of Violations.

1. For a first violation, the amount of the penalty shall be one hundred dollars ($100.00) per violation.

2. For a second violation, the amount of the penalty shall be two hundred dollars ($200.00) per violation.

3. For a third or subsequent violation, the amount of the penalty shall be five hundred dollars ($500.00) per violation.

4. The penalties shall be consistent with Government Code section 36900.

D. The City may extend the compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

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

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

3. Deficiencies in 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.

E. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation under this chapter may request a hearing to appeal the citation pursuant to Sections 1.14.060 and 1.18.040, as applicable, as each section may be amended from time to time.

F. Education Period for Non-Compliance. Through December 31, 2023, the City will conduct Inspections to determine compliance, and if the City determines that the Tier One Commercial Edible Food Generator, Food Recovery Service, Food Recovery Organization, 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, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

G. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City determines that a Tier One Commercial Edible Food Generator, Tier Two Commercial Edible Food Generator, Food Recovery Service, Food Recovery Organization, 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 chapter.

This chapter shall be interpreted to be consistent with the City's regulatory authority, and shall only apply to Local Education Agencies and other entities to the extent permitted by law, including the SB 1383 Regulations.

(Ord. 496, Exh. A, 2022)