Colton Municipal Code Ch. 6.16 Garbage and Refuse

Footnotes:

--- (1) ---

Editor's note— Ord. No. O-12-21, § 1(Exh. A), adopted Jan. 4, 2022, amended Chapter 6.16 in its entirety to read as herein set out. Former Chapter 6.16, §§ 6.16.010—6.16.300, pertained to similar subject matter, and derived from Ord. 1009 §§ 1—5(a), 6(a)—6(e), 7(a)—7(c), 8(a)—8(c), 9(a)—9(c), 10—17, 1959; Ord. 1408 §§ 1 (part), 2 (part), 1972; Ord. 1640 § 1, 2, 1983; Ord. O-12-89 § 1, 2, 1989; Ord. O-20-91 § 1—5, 1991; Ord. O-11-90 §§ 1, 2, 1990; Ord. O-18-91 § 1, 1991; Ord. O-15-96 §§ 1, 2 (part), 3— 9, 1996; Ord. O-27-04 § 2, 2004; Ord. No. O-06-15, § 3, 4-21-2015; Ord. No. O-10-15, § 3, 10-20-2015; Ord. No. O-06-16, § 1, 4-5-2016; Ord. No. O-05-18, 3-20-2018.

The following words and phrases whenever Used in this chapter Shall be construed as defined in this section, unless a different meaning is expressed or clearly indicated from the context:

"Blue Container" has the same meaning as in 14 CCR Section 18982(a)(5) and Shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste.

"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 on the City (and others).

"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 City of Colton.

"City Enforcement Official" means City Police Department Code Enforcement Division who is/are partially or wholly responsible for enforcing the SB 1383 Regulations implemented in this chapter.

"City Manager" means the City Manager of the City of Colton or any person designated by the City Manager.

"Code Enforcement Officer" means the Employee charged by the City with the responsibility for the enforcement of health and sanitary Ordinances and regulations.

"Collect" or "Collection" means to take physical possession of and remove Solid Waste, Organic Waste, or Recyclable Materials at the place of generation.

"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 multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing the SB 1383 Regulations in this chapter.

"Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined herein or as otherwise 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).

"Commercial Facility(ies)" means any facility(ties) that is not a residential facility and includes any commercial facility, including but not limited to, a commercial facility, restaurant, retail facility, office, manufacturing or industrial facility, markets, office buildings, hotels, motels, shopping centers, theaters, and multi­ family dwelling units, located within the boundary of the City.

"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this definition, that "Compost" means the product resulting from the controlled biological decomposition of organic Solid wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.

"Compostable Material" or "Compostables" mean green waste and other material that can be broken down into, or otherwise become part of, usable Compost in a safe and timely manner, such as for use as soil-conditioning material. Compostable material also includes waste such as food scraps, soiled paper, and plant trimmings.

Compostable Material (California Public Resources Code Section 40116) includes vegetable, yard and wood wastes which are not hazardous waste.

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

"C&D" means construction and demolition debris.

"Customer" means a generator that contracts for Solid Waste removal services and enters into a service agreement with a Franchised Hauler or Authorized Recycler for Organic Waste and/or Recyclable Materials collection services. In the event a Commercial Business or non-residential property shares Solid Waste, Organic Waste and/or Recyclable Materials collection service, Customer refers only to the entity that arranges for service.

"Designee" means, for purposes of carrying out any of the City's SB 1383 Regulatory responsibilities in this chapter, an entity that the City contracts with or otherwise arranges to carry out such responsibilities as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.

"Director" means Director of Public Works or the Director's designee.

"Disposal" means the final disposition of Solid Waste at a permitted Landfill or other permitted solid waste disposal facility, as defined in California Public Resources Code 40192.

"Diversion" or "Divert" means the final reduction or elimination of Solid Waste from solid waste disposal in accordance with California Public Resources Code 40192.

"Edible Food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter 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.

"Enforcement Action" means an action of the City to address non-compliance with the SB 1383 Regulations implemented in this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"Excluded Waste" means hazardous substance, hazardous waste, household hazardous waste, infectious waste, 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: land use restrictions or conditions, waste that cannot be disposed of in Class Ill landfills or accepted at the facility by permit conditions, waste that in the 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. Excluded Waste includes household hazardous waste, including without limitation, used motor oil and filters, household batteries, universal wastes, and paint.

"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).

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

(l)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.

"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). 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 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).

"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 Waste" means Food Scraps and Food-Soiled Paper.

"Food Vendor" means any and all sales outlets, stores, shops, vehicles or other places of business located or operating within the jurisdictional boundaries of the City that operate primarily to sell or convey foods or beverages to consumers.

"Franchise" means commercial solid waste collection franchise contracted for or issued by the City to a Hauler.

"Franchised Hauler" means a Hauler holding a franchise, contract, license or permit issued by the City which authorizes the exclusive or non-exclusive right to provide solid waste handling servicers within all or part of the jurisdictional boundaries of City.

"Garbage" includes and means kitchen and refuse leavings and offal, swill, and any accumulation of animal and vegetable and other matter that attends the preparation, consumption, decay or dealing in or storage of meats, fish, fowl, birds and vegetables.

"Gray/Black 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 Gray/Black Container Waste.

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

"Green Container" has the same meaning as in 14 CCR Section 18982{a)(29) and Shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.

"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).

"Hauler" means any person or commercial entity which lawfully Collects, hauls, or transports Solid Waste, including Organic Waste and Recyclable Materials, for a fee by use of any means, including but not limited to a dumpster truck, roll-off truck, side-load, front-load, rear-load garbage truck or trailer.

"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).

"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 50 percent between January 1, 2022 and December 31, 2024, and 75 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 otherwise defined in 14 CCR Section 18982{a)(33).

"Inspection" means a site visit where the City reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Solid Waste, including Recyclable Materials and Organic Waste, or Edible Food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982{a){35).

"Landfill" means a permitted disposal site which accepts Solid Waste.

"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 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.

"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 Solid Waste, or as otherwise defined in 14 CCR Section 18982{a)(40).

"Multi-Family Residential Dwelling" or "Multi-Family" means, for purposes of implementing the SB 1383 Regulations in this chapter, of, from, or pertaining to residential premises with five (5) or more dwelling units.

Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

"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, or as otherwise defined in 14 CCR Section 18982(a)(41).

"Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

"Notice of Violation (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.

"Occupant" includes and means every Owner, Tenant, Occupant or Person having the care or control of any Premises within the City.

"Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, 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 Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

"Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

"Printing and Writing Papers" 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, or as otherwise defined in 14 CCR Section 18982(a)(54).

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

"Recycle" or "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become Solid Waste and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the market place as defined in Public Resources Code 40180. Recycling does not include burning, incinerating, or thermally destroying solid waste, as defined in Public Resources Code Section 40201.

"Recycling Facility" means a Recycling, material recovery or re-use facility that is fully licensed, certified and eligible under federal, state, and local laws and regulations and includes those material recovery or reuse facilities or operations that receive, process, and transfer to market Recyclable and/or Compostable Materials that have been Source Separated from the Solid Waste stream. The Recycling Facility May be located at a Landfill. Recycling Facility also means a facility that produces compost.

"Responsible Party" means the individual or entity responsible for the generator's management of Solid Waste and/or Recycling at the generator's Commercial Facility, Business, non-residential property, or Special Event.

"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise 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 Container Contamination, and May include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

"Rubbish" means non-putrescible Solid Waste, such as ashes, paper, cardboard, tin cans, yard waste, wood, glass, bedding, crockery, plastics, rubber-by-products and litter.

"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, including without limitation those regulations incorporated in Sections 6.16.160, 6.16.162, 6.16.163, 6.16.164, 6.16.165 and 6.16.280 of this chapter.

"Scavenging" or "Scavenger" means the uncontrolled and unauthorized removal of Recyclable Materials at any point in the solid waste management system.

"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, 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).

"Single-Family" means, for purposes of implementing the SB 1383 Regulations in this chapter, of, from, or pertaining to any residential premises with fewer than five (5) units.

"Solid Waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible 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 which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:

(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.

(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.

"Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4).For the purposes of the chapter, 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 Gray Container Waste or other Solid Waste for the purposes of collection and processing.

"Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).

"Source Separated Recyclable Materials" or "Recyclable Materials" means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste.

"Special Event" means a community, public, commercial, recreational or social event which may serve food or drink and which may require a permit from the City. Special event may include the temporary or periodic use of a public street, publicly owned site or facility, or Public Park and which is expected to have 1,000 or more persons in attendance.

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise 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 10,000 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 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

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

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

(4) Large Venue.

(5) Large Event.

(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 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.

"Trash" means material that is designated for Landfill Disposal by the collector and does not include either Recyclable Materials or Compostables. The term Trash does not include hazardous waste, as defined in California Health and Safety Code Sections 25117 and 25141.

"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 18982(a)(76).

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

The accumulation, collection, removal and disposal of Solid Waste, including Organic Waste and Recyclable Materials, Must be controlled by the City for the protection of the public health, safety and welfare, and to contribute toward diminution of the presence of air Pollutants in the City. The Council finds that, to give practical effect to this policy, a comprehensive system for the periodic collection, removal and disposal of Solid Waste from all Premises in the City is essential and benefits all Occupants of Premises in the City, and therefore all such Occupants are made liable for the Solid Waste charges authorized under this chapter.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

The accumulation, collection, removal and disposal of Solid Waste, including Organic Waste and Recyclable Materials, Must be controlled by the City for the protection of the public health, safety and welfare, and to contribute toward diminution of the presence of air Pollutants in the City. The Council finds that, to give practical effect to this policy, a comprehensive system for the periodic collection, removal and disposal of Solid Waste from all Premises in the City is essential and benefits all Occupants of Premises in the City, and therefore all such Occupants are made liable for the Solid Waste charges authorized under this chapter.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

The City Council May provide for the collection, removal and disposal of solid waste within the City by means of exclusive or nonexclusive franchise, contract, license, permit, or otherwise. The City Shall award such franchise, contract, license, permit, or otherwise pursuant to the procedures applicable to professional services under section 3.08.070. The authority to provide solid waste handling services may be granted under terms and conditions prescribed by the City Council by resolution or ordinance.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

No Person Shall dump, deposit, place or bury in or upon any Lot, land or Public Place, or in any water or waterway, any Solid Waste, Organic Waste, Recyclable Materials, or any deleterious or offensive substance, or any substance condemned by the Code Enforcement Officer; provided, however, this section Shall not apply to any land Used by the City for a disposal or reclamation site.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

Every Occupant Shall keep Premises in a clean and sanitary condition, and Shall not cause or Permit any Solid Waste, Organic Waste, or Recyclable Materials to accumulate on Premises for a period in excess of one calendar week except as otherwise permitted under this chapter, or, in any event, cause or Permit any Rubbish to accumulate on Premises for a period in excess of two calendar Months; provided, however, that this provision Shall not be construed to interfere with any Occupant keeping Building Materials upon Premises during the construction, reconstruction or repair of a Building or Structure thereon under a current valid Building Permit, nor with the keeping of wood neatly stacked upon such Premises for household Use.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

No Garbage Shall be burned under any circumstances.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

No Rubbish Shall be burned, by incinerator or otherwise, except under Permit issued by the Fire Department, save and excepting that which May be necessary in the operation of barbecue grills.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

Every Owner, Tenant, Employee, or Occupant of any Premises where Solid Waste, including Organic Waste and/or Recyclable Materials, is created Shall maintain upon such Premises in a suitable place one or more Solid Waste containers, Organic Waste containers, and/or Recycling containers, together with tight-fitting covers, constructed of galvanized metal, rubber, plastic, or other material approved by the Public Works Director, for receiving and holding all Solid Waste, Organic Waste, and Recyclable Materials created upon such Premises between the time of collection and removal.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

Every Owner, Tenant, Employee or Occupant of any Premises where Rubbish is created Shall, where necessary, in addition to Solid Waste containers, provide upon such Premises one or more containers acceptable to the Public Works Director to contain all Rubbish which May accumulate upon such Premises between removals.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

A. Except as stated herein, Solid Waste, Organic Waste, and Recyclable Materials containers Shall not be placed within the limits of any Street or Alley, unless authorized by the Public Works Director, nor Shall they be placed anywhere so as to constitute a Nuisance.

B. Not earlier than six p.m. of the Day before each Day set for collection, containers to be collected Shall be placed on the Curb in front of the Premises.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

All containers placed for collection of Solid Waste, Organic Waste, or Recyclable Materials Shall be removed from the Street within twelve hours after the contents thereof have been collected.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

with prohibited.

No Person other than the Owner thereof or any officer, Employee or licensee of the City, shall move, remove or interfere with any Solid Waste, Organic Waste, or Recyclable Materials container, or the contents thereof.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

be kept clean.

All Solid Waste, Organic Waste, and Recyclable Materials containers Shall be kept in a clean and sanitary condition by the Owner or Person using the same.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

Solid Waste, Organic Waste, and Recyclable Materials containers Shall be kept tightly covered at all times, except when Solid Waste is being deposited therein or removed therefrom, and Shall at all times be proof against Access by flies to the contents thereof.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

No Solid Waste, Organic Waste, or Recyclable Materials container may exceed fifty pounds in weight, including the contents thereof.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

A. Single-Family Organic Waste Generators. Generators Shall comply with the following requirements except Single-Family generators that meet the Self-Hauler requirements in Section 6.16.165 of this chapter:

1. Subscribe to the City's Organic Waste collection services for all Organic Waste generated as described below in subdivision A.2. 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 separation of materials and containment of materials; and, Single-Family generators Shall adjust its service level for its collection services as requested by the City. Generators May additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

2. Participate in the City's Organic Waste collection services by placing Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray/Black Container. Generators Shall not place materials designated for the Gray/Black Container into the Green Container or Blue Container. Generators Shall not place Prohibited Container Contaminants in collection containers.

B. Commercial Businesses. Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, Shall:

1. Subscribe to the City's three-container collection services and comply with requirements of those services as described. City Shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses Shall adjust their service level for their collection services as requested by the City.

2. Participate in the City's Organic Waste collection services by placing Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray/Black Container Waste in the Gray/Black Container. Generator Shall not place materials designated for the Gray/Black Container into the Green Container or Blue Container. Generators Shall not place Prohibited Container Contaminants in collection containers.

3. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subdivision 4 below) for employees, contractors, tenants, and customers, consistent with City's Blue Container, Green Container, and Gray/Black 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 6.16.165.

4. Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If 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:

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 subdivision 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.

5. Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in subdivision 4, above, pursuant to 14 CCR Section 18984.9(b).

6. 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/Black 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 6.16.165.

7. Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Gray/Black Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

8. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.

9. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray/Black Container Waste (when applicable) and the location of containers and the rules governing their use at each property.

10. Provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with Section 6.16.280 of this chapter to confirm compliance with the requirements of this chapter.

11. If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in Section 6.16.165 of this chapter.

12. 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).

13. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators Shall comply with Food Recovery requirements, pursuant to Section 6.16.162.

C. Waivers. The City, at its sole discretion and in accordance with 14 CCR 18984.11, May elect to provide any, all, or none of the waivers listed below.

1. De minimis waivers. The 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 business generates below a certain amount of Organic Waste material as described in subdivision 1.b, below. Commercial Businesses requesting a de minimis waiver Shall:

a. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subdivision 1.b, below.

b. Provide documentation that either:

i. The Commercial Business' total solid waste collection service is two cubic yards or more per week and Organic Waste subject to collection in the Recyclable Materials or Organic Waste containers comprises less than 20 gallons per week per applicable container of the business' total waste; or,

ii. The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Recyclable Materials or Organic Waste containers comprises less than 10 gallons per week per applicable container of the business' total waste.

c. Notify City if circumstances change such that Commercial Business's Organic Waste exceeds threshold required for waiver, in which case the waiver will be rescinded.

d. Provide written verification of eligibility for de minimis waiver every 5 years, if City has approved a de minimis waiver.

2. Physical space waivers. The 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, 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. A Commercial Business or property owner May request a physical space waiver through the following process:

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

b. Provide documentation that the premises lacks adequate space for Recyclable Materials containers and/or Organic Waste containers including documentation from its hauler, licensed architect, or licensed engineer.

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

3. Collection frequency waiver. 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 Organic Waste collection service to arrange for the collection of their Recyclable Materials container, Gray Container, or both once every fourteen days, rather than once per week.

D. The Director is specifically authorized to promulgate rules and regulations regarding any and all Solid Waste containers including as related to the Organic Waste and/or Recyclable Materials to be placed therein, the placement and maximum weight of high-density materials for Collection and the proper use of containers, subject to any requirements imposed by SB 1383 Regulations.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

A. The Responsible Party for a Special Event Must ensure that the following requirements are met in addition to any other conditions imposed on the Special Event:

1. Provide Recyclable Materials and Organic Waste containers throughout the event location to make Source Separation of Recyclable Materials, Organic Waste, and Gray/Black Container Waste convenient for employees, volunteers, contractors, and customers of the food vendors and attendees of the event.

2. Ensure that the Recyclable Materials and Organic Waste deposited into the Recyclable Materials and Organic Waste containers are delivered to a Recycling Facility. Proof of delivery required to be submitted to the City. The Recycling Facility May be located at a Landfill, but Recyclable Materials and/or Organic Waste Shall not be delivered to a Landfill for Disposal.

3. Ensure that the minimum number of Recyclable Materials and Organic Waste containers equals or exceeds the number of Gray/Black Waste containers.

4. Ensure that the Gray/Black Waste, Recyclable Materials, and Organic Waste are placed as close together as possible throughout the event location in order to provide equally convenient access to users.

5. Ensure that all containers have appropriate signage and are color coded to identify the type of Solid Waste to be deposited and meet any additional design criteria established by the City by regulation or applicable state law.

6. Ensure that food vendors have at least one separate container each for Recyclable Materials, Organic Waste, and Gray/Black Container Waste for use by customers and visitors. Multiple food vendors that provide disposable food service ware and share a common eating area May share an appropriate number, size, and placement of containers for Recyclable Materials, Organic Waste, and Gray/Black Container Waste for convenient use by customers or visitors or have common access to such a container which Shall be located within a reasonable proximity of the vendors.

7. Ensure that the type of Recyclable Materials suitable for deposit into each container includes at a minimum plastic bottles and jars, paper, cardboard, glass, newspaper, metal containers, and cans. Each Recyclable Materials container Shall be clearly identified as a Recyclable Materials container and Shall display a list of types of Recyclable Materials which may be deposited into the container.

8. Ensure that the type of Organic Waste materials suitable for deposit into each container includes all food waste and liquids.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

A. Tier One Commercial Edible Food Generators Must comply with the requirements of this section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators Must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

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

C. Commercial Edible Food Generators 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 City's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

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

a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

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

c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:

i. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.

ii. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.

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

iv. The quantity of food, measured in pounds recovered per month, collected or self­ hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

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 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 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 January 31 st and upon the City's request.

D. Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, 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 60 days, unless a shorter timeframe is otherwise specified by the City.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

A. Requirements for Haulers.

1. Exclusive or nonexclusive franchised haulers, contract haulers, licensed haulers, and permitted haulers, providing residential, Commercial, or industrial Organic Waste collection services to generators within the City's boundaries Shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:

a. Through written notice to the City annually on or before January 31 st , identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste.

b. Transport Source Separated Recyclable Materials and 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.

c. Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and the City's C&D ordinance.

B. 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 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 60 days.

2. 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 Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City Shall respond within 60 days.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

A. Self-Haulers Shall Source Separate all recyclable materials and Organic Waste (materials that City otherwise requires generators to separate for collection in the City's organics and recycling collection program) 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 High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

B. Self-Haulers Shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers May haul Organic Waste to a High Diversion Organic Waste Processing Facility.

C. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) Shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record Shall be subject to Inspection by the City. 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 Organic Waste.

D. A residential Organic Waste Generator that self hauls Organic Waste is not required to record or report information in subdivision C, above.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

The Owner or Occupant of any Premises where an infectious or contagious disease is in existence or has prevailed Shall immediately notify the Code Enforcement Officer thereof. Under no circumstances Shall wearing apparel, bedding or other articles or Material from any home or place where any infectious or contagious disease has prevailed be deposited in any Solid Waste container, but all such items Shall be disposed of only as directed by the Code Enforcement Officer.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

A. The provisions of chapter establish minimum standards for container to be used in the City and placement of Solid Waste within such containers. Additional or different requirements and standards may be established by the Director subject to the Approval of the City Council for container and container use for Solid Waste, including Recyclable Materials and Organic Waste, collected within the City by any authorized Solid Waste collection provider pursuant to a Permit, Franchise agreement or contract with the City.

B. No person Shall provide services as a Hauler of Recyclable Materials or Organic Waste within the boundaries of the City without either being: (1) a Franchised Hauler with the City.

C. Franchised Haulers must comply with the following requirements:

1. Offer collection service and automatic lift containers, bins or roll-off bins for Recyclable Materials and/or Organic Waste sufficient to accommodate the quantity and types of Recyclable Materials and/or Organic Waste to all of its Customers and Shall provide Solid Waste collection services as described in section 6.16.160.

2. Identify automatic lift containers, bins or roll off bins for Recyclable Materials and/or Organic Waste with its name, recognizable corporate or company logo, and phone number of the Franchised Hauler that is legible from a distance of fifty (SO) feet.

3. Equip and provide automatic left containers, bins and roll-off bins for Recyclable Materials and/or Organic Waste, with locks and/or other suitable features, where feasible, to prevent Scavenging.

4. Conduct all activities in accordance with applicable laws, City codes and regulations, including SB1383 Regulations, and the best management practices. Vehicles and equipment and containers shall be kept in a clean and well-maintained condition.

5. Not take a Customer's Recyclable Materials or Organic Waste to a Landfill or other site for Disposal. Such materials Shall be taken to a Recycling Facility or Franchised Haulers shall make other arrangements for recycling the materials instead of Disposal in accordance with applicable State and local law, including SB 1383 Regulations. The Franchised Haulers Shall maintain a copy of a service agreement and/or receipts documenting that the generators Recyclable Materials and/or Organic Waste have been properly delivered, as well as any documentation evidencing an event of force majeure which prevented the proper delivery of Recyclable Materials and/or Organic Waste. Such documents Shall be available for inspection by the City Manager at the place of business during normal business hours and maintained for not less than 3 (three) years.

D. The Recycling Services provided by Franchised Haulers Shall include, at a minimum, all of the following:

1. The weekly collection of Recyclable Materials and/or Organic waste, or more as specified by contract, license or permit;

2. Collection of Recyclable Materials and/or Organic Waste as identified by City Manager;

3. Utilization of containers which comply with SB 1383 Regulations;

4. Appropriate signage on all Recycling and Organic Waste receptacles, containers, chutes, and/or enclosures which allows users to clearly and easily identify which containers to use for Recyclable Materials, Organic Waste, and Gray Container Waste and be color coded;

5. Occupant Education for Multi-Family facilities, the Responsible Party Shall provide information about Recycling Services as follows:

a. Types of Recyclable Materials and/or Organic Waste accepted, the location of Recyclable Materials and/or Organic Waste containers, and the occupant's responsibility to Source Separate Solid Waste, Organic Waste, and Recyclable Materials pursuant to this Chapter. This information Shall be distributed to all occupants annually.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

Except as required by any authorized Solid Waste collection provider pursuant to any Permit, Franchise agreement or contract with the City, tree trimmings, tree limbs, tree trunks and tree stumps if not placed in the Green Container, Shall be tied in bundles not exceeding fifty pounds in weight, four feet in length or fifteen inches in diameter.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

The collection, removal and disposal of all Solid Waste Shall be performed exclusively by the City, its agents, Franchisees, or independent contractors under the supervision of the Public Works Director, under such terms, conditions and limitations imposed upon such authorized Solid Waste collection providers by the City Council in order to protect the public health, safety and welfare of the City.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

Every agent, Franchisee, or independent contractor authorized by the City Council to collect, remove and dispose of Solid Waste, Shall comply fully with all requirements imposed by any Permit, Franchise agreement or contract between the City and such agent, Franchisee or independent contractor, including without limitation, payment of Fees, posting of bonds, obtaining of necessary licenses and Permits as May be required by local, state or federal Law, including without limitation Section 5.02.650 of the Colton Municipal Code and any other requirements as May be imposed by action of the City Council. Nothing contained in this section Shall be construed to modify or impair the terms and conditions of any Permit, Franchise agreement or contract existing as of the effective date of the Ordinance codified in this section.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

Notwithstanding anything to the contrary contained herein, every Person, firm or corporation engaging in the Business of gardening is authorized to collect, remove and dispose of garden trimmings as an incident to such Business, under their regular Business Licenses, provided that removal and disposal of such green waste is conducted in accordance with applicable federal, state, or local law, including but not limited to Section 6.16.165 and SB 1383 Regulations.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

The frequency of collection Shall be determined as established in any authorizing Permit, Franchise agreement or contract with the City in accordance with applicable law but in no case shall be less than one time per week.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

The Director with the Approval of the City Council May make regulations not inconsistent with this chapter as May be necessary to effect the expedient, economical and efficient collections, removal and disposal of Solid Waste, including Organic Waste and Recyclable Materials.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

Monthly charges Shall be established by Resolution of the City Council in an amount not to exceed the amount charged the City by any authorized Solid Waste collection provider as established by any Permit, Franchise agreement or contract with the City and Shall be a civil debt owing to the City by the Owner and any Occupant or User of the Premises receiving service.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

Rates and charges for Solid Waste collection shall be no less than any rates and Fees approved by the City Council pursuant to any Permit, Franchise agreement or contract entered into between the City and any such authorized Solid Waste collection provider.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

All charges provided in this chapter Shall constitute a debt due to the City, and in the event suit is brought to recover delinquent charges and judgment is obtained in favor of the City, a reasonable Attorney's Fee for legal services rendered therein Shall be awarded to the City in such action in addition to the amount due and owing.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

No Person Shall place the body of any dead animal in any Solid Waste container. The bodies of any dead animals Shall be promptly removed as directed by the Code Enforcement Officer and the Owner thereof Shall pay the costs to the City for removal of such animal.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

A. To the extent permitted by law, the Director, Code Enforcement Officer, city representative, or designee May inspect and conduct investigations, at random or otherwise, of any collection container, collection vehicle loads, or receiving, transfer, processing, or disposal facility for materials collected from generators, Source Separated materials, or other investigations as reasonably necessary to confirm compliance with this chapter by Solid Waste generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow the City to enter the interior of a private residential property for Inspection.

B. Regulated entity Shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and Shall cooperate with the City's employee or its designated entity/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. 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.

D. Code Enforcement Officers and the Fire Chief when necessary May visit Premises within the City at reasonable times to examine the conditions of the Premises to enforce the provisions of this chapter.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)

A. Except as otherwise provided herein, the Director and Code Enforcement Officer are authorized to administer and enforce the provisions of this Chapter.

B. Notwithstanding subdivision A, if a Franchise Hauler finds incorrect materials in a Collection container, they Shall take the following actions in accordance with SB 1383 Regulations:

1. For the first violation, notify the generator by written notice attached to the contaminated container and Shall provide a copy of the notice to the City Manager.

2. For the second violation in a one-year period, notify the generator by a written "Second Notice" attached to the contaminated container and Shall provide a copy of this Second Notice to the City Manager for possible follow up and enforcement.

3. After a Franchised Hauler has already left two or more tags for that Customer and that type of container in accordance with Subdivision B, the Franchise Hauler May refuse to empty the container if contamination occurs another time, subject to California Code of Regulations Title 14, Section 17331, or as determined by the City Manager. If the container is not emptied by the Customer, the Franchised Hauler Must leave a tag and send a written notice to the Customer, identifying the incorrect materials describing what action Must be taken for the materials to be collected; provided, however, that a Franchise May not refuse on this basis to empty containers from Multi-family or Commercial properties with multiple tenants and joint account collection service due to excessive contamination, but May manage contaminated loads as solid waste and charge the generators accordingly.

4. The Franchise Hauler shall, in addition to the above, upon request, provide to the City Manager a list of the names and addresses of those Customers, generators, or Responsible Parties who have received tags or notices or whose containers have not been emptied due to non-compliance with this chapter, or copies of the tags or notices. The Franchised Hauler Shall also provide to the City Manager, upon request, a list of names, addresses, and service levels of the Customers and any additional information required by the City Manager.

C. For the third subsequent violations, or any time the Director elects to pursue administrative, civil, or criminal enforcement actions for violations of this chapter, the Director May take any one or more of the following actions:

1. Institute public nuisance proceedings

2. Institute other administrative code enforcement proceedings under the City's Code

3. Impose administrative penalties approved by resolution of the City Council, as modified from time to time;

4. Undertake any other enforcement action authorized by federal, state, or local law, including but not limited to the actions set forth in Chapter 8.02.

D. With the exception of violations of generator contamination of container contents addressed under subdivisions Band C, above, City Shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice for any violation of the SB 1383 Regulations contained in this chapter including without limitation the requirements in sections 6.16.160, 6.16.162, 6.16.163, 6.16.164, 6.16.165, and 6.16.280 of this chapter. Enforcement pursuant to this subdivision May be undertaken by the City Enforcement Official, which may be the City Manager or their designated entity, legal counsel, or combination thereof.

1. 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

2. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City Shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the City's procedures on imposition of administrative fines in Chapter 8.12.

3. The penalty levels are as follows:

a. For a first violation, the amount of the base penalty Shall be $50 to $100 per violation.

b. For a second violation, the amount of the base penalty Shall be $100 to $200 per violation.

c. For a third or subsequent violation, the amount of the base penalty Shall be $250 to $500 per violation.

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

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

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

c. For 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.

5. 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 procedures set forth in Chapter 8.12.

6. Other remedies allowed by law May be used, including civil action or prosecution as misdemeanor or infraction. City May pursue civil actions in the California courts to seek recovery of unpaid administrative citations. 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.

7. Education Period for Non-compliance. Beginning January 1, 2022 and through December 31, 2023, City Will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if City determines that Organic Waste Generator, Self-Hauler, hauler, 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.

8. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with the SB 1383 Regulations contained in this chapter including without limitation the requirements of sections 6.16.160, 6.16.162, 6.16.163, 6.16.164, 6.16.165 and 6.16.280, it Shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this subdivision D, as needed.

E. In addition to any other remedies allowed by law, any violation of the provisions of this chapter May be prosecuted as a misdemeanor and Shall be punishable by a fine not exceeding five hundred dollars per day, or by imprisonment in the County Jail for a period of not more than six Months or by both.

F. This Chapter shall only be enforceable to extent permitted by the City's regulatory authority as provided by applicable law.

(Ord. No. O-12-21, § 1(Exh)A, 1-4-2022)