Cupertino Municipal Code Ch. 6.24 Garbage, Non-Organic Recycling and Organic Waste Recycling Collection…

A. This chapter is determined and declared to be a health, sanitary and safety measure necessary for the promotion, protection and preservation of the health, safety and general welfare of the people of the City of Cupertino.

B. The City is required to comply with the applicable provisions of Assembly Bill 939, the California Integrated Waste Management Act (Sher, Chapter 1095, Statutes of 1989, as amended) ("AB 939"). AB 939 requires that by and after January 1, 2000, fifty percent (50%) of the solid waste generated must be diverted through some source reduction, recycling, and composting activities.

C. Assembly Bill 341 (Chesbro, Chapter 476, Statutes of 2011) places requirements on businesses and multi-family generators that generate a specified threshold amount of solid waste to arrange for recycling services and requires jurisdictions to implement a mandatory commercial recycling program.

D. Assembly Bill 1826 (Chesbro, Chapter 727, Statutes of 2014) requires businesses and multi-family generators that generate a specified threshold amount of solid waste, non-organic recyclables, and organic waste per week to arrange for recycling services for those materials, requires jurisdictions to implement a recycling program to divert organic waste from businesses subject to the law, and requires jurisdictions to implement a mandatory commercial organic waste recycling program,

E. Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016 (Lara, Chapter 395, Statutes of 2016) ("SB 1383"), sets statewide organic waste disposal reduction targets of fifty percent (50%) by 2020 and seventy-five percent (75%) by 2025, based on the 2014 organics waste disposal baseline. SB 1383's implementing regulations place requirements on multiple entities including jurisdictions, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets. SB 1383's implementing regulations require jurisdictions to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of SB 1383's implementing regulations.

F. The City has coordinated with the County of Santa Clara and other jurisdictions in the county to develop uniform provisions for the portions of this chapter addressing edible food recovery. The City has determined that this coordination will simplify compliance for commercial businesses, promote food recovery in the City, and facilitate edible food recovery capacity planning.

G. Pursuant to 14 California Code of Regulations Section 18981.2, jurisdictions may delegate certain responsibilities for implementing, monitoring, and enforcing their edible food recovery programs to public or private entities.

H. This chapter will aid the City in meeting the goals and requirements of AB 939, Assembly Bill 341, Assembly Bill 1826, SB 1383 and its implementing regulations, and related laws; aid in preserving landfill space and postponing the need for new landfill capacity for the longest term possible; reduce the amount of solid waste deposited in landfills from commercial and residential generators; and reduce food insecurity.

I. The City may adopt, implement, and enforce a local solid waste recycling requirement that is more stringent or comprehensive than state law.

(Ord. 21-2231, § 1, 2021; Ord. 20-2218, § 1, 2021; Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise:

1. "Back-haul" means a commercial business generating and transporting source separated recyclable materials and/or source separated green container 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 California Code of Regulations Section 18982(a)(66)(A).

2. "Blue container" has the same meaning as in 14 California Code of Regulations Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.

3. "Business" or “commercial” means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit entity or non-profit entity, or a multi-family residential property with five (5) or more dwelling units.

4. "Business Structure" means a building or buildings within a property occupied by one or more businesses.

5. "City" means and includes all the territory lying within the municipal boundaries of the City of Cupertino as presently existing, plus all territory which may be added thereto during the effective term of the ordinance codified herein.

6. "Collection station" means the location at which containers of garbage, non- organic recyclables and organic waste are placed for collection by the solid waste collector. For businesses, collection station is typically the garbage and recycling area enclosure. For multi-family residential properties with less than five (5) dwelling units and other residential structures, the collection station is typically the street side of the concrete curb immediately adjacent to the residence where curb and gutter exists or where no curb and gutter exists, the edge of asphalt immediately adjacent to the residence.

7. "Commercial edible food generator" includes a tier one or a tier two commercial edible food generator. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 California Code of Regulations Section 18982(a)(7).

8. "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 California Code of Regulations Section 17855(a)(4); or, as otherwise defined by 14 California Code of Regulations Section 18982(a)(8).

9. "Compliance review" means a review of records by the City and/or its designee to determine compliance with this chapter.

10. "Compost" means the product resulting from the controlled biological decomposition of organic solid waste that is source separated from the municipal solid waste stream, or which is separated at a centralized facility, or as otherwise defined in 14 California Code of Regulations Section 17896.2(a)(4).

11. "Compostable plastic bags" means only such plastic bags that meet the BPI-certified ASTM D6400 standard for compostability, or such bags that are approved by the City for placement in the green container.

12. "Construction and demolition debris" or "C&D debris" means materials resulting from the construction, remodeling, or demolition of buildings and other structures. "Construction and demolition debris" includes, but is not limited to, concrete, asphalt, rock and dirt related to construction, remodeling, repair, or demolition operations and is subject to the provisions of Chapter 16.72.

13. "Container contamination" means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(55).

14. "Debris box service" means collection service in containers without compaction that have a capacity of eight (8) cubic yards or more. Debris boxes may be used for the collection of non-organic recyclables and organic waste, or garbage, and may be used for construction and demolition debris that may or may not be intended for full or partial recycling or other waste diversion.

15. "Delinquent" means a failure of the recipient of solid waste collection service to pay when due all charges owed to the solid waste collector for solid waste collection service rendered or to be rendered.

16. "Department" means any department of the City, the County of Santa Clara, or any other public agency designated by the City to enforce or administer this chapter, as authorized in 14 California Code of Regulations Section 18981.2.

17. "Designee" means an entity that the City contracts with or otherwise arranges to carry out or assist with any of the City's responsibilities for compliance with solid waste- related laws or regulations or administration or enforcement of this chapter as authorized in 14 California Code of Regulations Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

18. "Director" means the Director of Public Works and their duly authorized agents and representatives.

19. "Dwelling" means a residence, flat, duplex, apartment, townhouse, condominium or other facility used for housing one or more persons.

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

21. "Enforcement officer" has the same meaning as in Section 1.10.020 of this code.

22. "Equipment" means a debris box or debris bin and vehicles used to transport debris boxes or bins.

23. "Excluded waste" means hazardous materials, 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 III landfills or accepted at the facility by permit conditions, waste that in the City's and/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 and/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.

24. "Finance Director" means the Finance Director and their duly authorized agents and representatives.

25. "Food distributor" means a business that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(22).

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

27. "Food recovery" means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(24).

28. "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. "Food recovery organization" includes, but is not limited to: (a) a food bank as defined in Section 113783 of the Health and Safety Code; (b) a nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and, (c) 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 pursuant to 14 California Code of Regulations Section 18982(a)(7). If the definition in 14 California Code of Regulations Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 California Code of Regulation Section 18982(a)(25) shall apply to this chapter.

29. "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 California Code of Regulations Section 18982(a)(26). A food recovery service is not a commercial edible food generator.

30. "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.

31. "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 California Code of Regulations Section 18982(a)(27).

32. "Food-soiled paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, uncoated paper plates, napkins, paper towels, and pizza boxes.

33. "Food Waste" means food scraps, food-soiled paper, and compostable plastic bags.

34. "Garbage" means all materials, substances or objects that are discarded, including but not restricted to, materials, substances or objects commonly referred to as "trash," "garbage," "refuse" and "rubbish" that are produced, generated or accumulated by all residential, commercial, industrial, institutional, municipal, agricultural and other inhabitants, premises and activities within the City, the collection of which is regulated through the franchise agreement existing between the City and the authorized solid waste collector; provided, however, that "garbage" does not include (a) hazardous materials, (b) non-organic recyclable materials, (c) organic waste, (d) clear plastic bags when used to contain organic waste to be recycled, (e) construction and demolition debris, (f) biomedical waste, (g) ash, and (h) sewage and other highly diluted water-carried materials or substances and those in gaseous form. Except in residential dwellings, if the material is placed in a plastic bag, the bag must only be clear plastic.

35. "Gray container" has the same meaning as in 14 California Code of Regulations Section 18982.2(a)(28), and which may be colored gray or black, and shall be used for the purpose of storage and collection of gray container waste.

36. "Gray container waste" means solid waste that is collected in a gray container that is part of a three-container collection service that prohibits the placement of organic waste in the gray container as specified in 14 California Code of Regulations Sections 18984.1(a) and (b), or as otherwise defined in 14 California Code of Regulations Section 17402(a)(6.5).

37. "Green container" has the same meaning as in 14 California Code of Regulations Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

38. "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 California Code of Regulations Section 18982(a)(30).

39. "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 California Code of Regulations Section 18982(a)(31.5).

40. "Hazardous materials" means any or a combination of materials which because of their quantity, concentration, or physical, chemical or infectious characteristics may either: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed. Hazardous materials include, but are not limited to, hazardous wastes as defined under California or United States law or any regulations promulgated pursuant to such laws, and all toxic, radioactive, biologically infectious, explosive or flammable waste materials, including any material defined in Section 9.12.020 of the Cupertino City Code for which a hazardous materials storage permit is required.

41. "Health facility" has the same meaning as in Section 1250 of the Health and Safety Code.

42. "Hotel" has the same meaning as in Section 17210 of the Business and Professions Code.

43. "Inspect" or "inspection" means an enforcement officer's, the department's and/or a designee's electronic or on-site visit and review of 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 requirements set forth in this chapter, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(35).

44. "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 California Code of Regulations Section 18982(a)(38) for large event differs from this definition, the definition in 14 California Code of Regulations Section 18982(a)(38) shall apply to this chapter.

45. "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. A venue facility includes, but is not limited to, a public, non-profit, 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. 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 California Code of Regulations Section 18982(a)(39) for large venue differs from this definition, the definition in 14 California Code of Regulations Section 18982(a)(39) shall apply to this chapter.

46. "Litter" means, but is not limited to, plastic, paper, cigarette butts, floor sweepings, trash, rubbish, food, cloth, metal, recyclable material, or waste matter of whatever character.

47. "Local education agency" means a school district, charter school, or county office of education that is not subject to the control of the City or county regulations related to solid waste, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(40).

48. "Multi-unit residential property" or "multi-family residential property" or "multi-family" means any premises, excluding a hotel, motel, or lodging house, used for residential purposes containing five (5) dwelling units or more, irrespective of whether the residency is transient, temporary or permanent.

49. "Non-compostable paper" includes, but is not limited to, paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(41).

50. "Non-local entity" means an entity that is an organic waste generator but is not subject to the control of the City or county regulations related to solid waste. These entities may include, but are not limited to, special districts, federal facilities, prisons, facilities operated by the state parks system, public universities, including community colleges, county fairgrounds, and state agencies.

51. "Non-organic recyclables" or "non-organic recyclable material" mean those materials that can be returned to economic use as raw materials for new, reused or reconstituted products, which prior to collection are separated by the generator from other material treated as solid waste. Examples of non-organic recyclables include, but are not limited to: newspaper, cans, corrugated cardboard, glass, certain types of plastic, metals, wood and automobile oil. "Mixed non-organic recyclables" means more than one type of non-organic recyclable material commingled in a bin, debris box, compactor or other type of container. This material includes, but is not limited to wood, paper, plastic, metals, glass, and other recyclable materials other than organic waste. The material must not contain more than five percent (5%) by volume garbage and organic waste.

52. "Nonresidential premises" means all premises except residential premises, including but not restricted to premises used for industrial, commercial, administrative and professional offices, public and quasi-public buildings, utility and transportation.

53. "Notice of violation" 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 California Code of Regulations Section 18982(a)(45) or further explained in 14 California Code of Regulations Section 18995.4.

54. "Occupancy"; "occupied": Premises are "occupied" when a person or persons take or hold possession of the premises for permanent or temporary use. For the purposes of determining whether a premises is occupied during periods when solid waste collection service is made available to such premises, occupancy shall be presumed unless evidence is presented that gas, electric, telephone and water utility services were not being provided to the premises during such periods.

55. "Organic waste" means solid waste 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 California Code of Regulations Section 18982(a)(46). Biosolids and digestate are as defined by 14 California Code of Regulations Section 18982(a). The material must not contain in excess of 5% by volume garbage or non-organic recyclable materials. In residential dwellings, if the material is placed in a plastic bag, the bag must only be a compostable plastic bag. In commercial properties or multi-family residential properties, if the material is placed in a plastic bag, the bag must be clear plastic or a compostable plastic bag.

56. "Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(48).

57. "Owner" means the holder or holders of legal title to the real property constituting the premises to which solid waste collection service is provided.

58. "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 California Code of Regulations Section 18982(a)(51).

59. "Person" includes any person, firm, association, organization, partnership, business trust, joint venture, corporation, or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts, and any officer or agency thereof.

60. "Premises" means any land, building or structure, or portion thereof, within the City where any solid waste is produced, kept, deposited, placed or accumulated.

61. "Printing and writing paper" includes, but is 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 California Code of Regulations Section 18982(a)(54).

62. "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 waste to be placed in the City's green container and/or blue container; and (iv) excluded waste placed in any container.

63. "Recovery" means any activity or process described in 14 California Code of Regulations Section 18983.1(b), or as otherwise defined in 14 California Code of Regulations Section 18982(a)(49).

64. "Remote monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to identify the types of materials in commercial businesses' blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants. Remote monitoring may involve installation of remote monitoring equipment on or in commercial businesses' blue containers, green containers, and gray containers. A remote monitoring program may be implemented by the City, its designee, and/or a commercial business at a later date, consistent with the terms of this chapter. Remote monitoring is not expected to be used for any residential premises.

65. "Residential premises" or "residential" means any single-unit dwelling or multi-unit residential property.

66. "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 California Code of Regulations Section 18982(a)(64).

67. "Route review" means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical or electronic inspection methods such as the use of cameras, or as otherwise defined in 14 California Code of Regulations Section 18982(a)(65).

68. "Share Table" has the same meaning as in Section 114079 of the Health and Safety Code.

69. "Single-stream recycling" means a recycling program in which generators place multiple types of recoverable materials in a single container that is designated specifically for recyclables and is taken to a material recovery facility for processing.

70. "Single-unit dwelling" or "single-family dwelling" or "single-family" means one or more rooms and a single kitchen, designed for occupancy by one family for residential purposes. Each dwelling unit within a condominium project, duplex, townhouse project or apartment, and each second unit located within a single-family residential zoning district, shall constitute a separate single-unit dwelling to which solid waste collection service is provided, unless the owner or occupants thereof arrange for solid waste collection service to be provided to all dwelling units upon the premises at commercial rates.

71. "Solid waste" has the same meaning as defined in California Public Resources Code Section 40191, and generally means all items of solid waste including, but not limited to garbage, non-organic recyclables, organic waste and hazardous materials eligible for collection.

72. "Solid waste collector" means any person or entity authorized by the franchise agreement between the Franchisee and the City, in accordance with Section 6.24.120 of this chapter, to collect, receive, carry, transport, process and dispose of any garbage, non-organic recyclables, organic waste and hazardous materials eligible for collection, produced, kept or accumulated within the City.

73. "Solid waste collection service" means the collection, transportation and disposal of garbage, organic waste, non-organic recyclables and hazardous materials eligible for collection by an authorized solid waste collector.

74. "Source Separated" means materials that, prior to collection, are or have been separated or segregated by their generator as to type or category of source material and are or have been placed into separate containers according to type or category, i.e. all metal is separated from other recyclables and placed in its own separate container or separate debris box.

75. "Source separated blue container organic waste" means source separated organic waste that can be placed in a blue container that is limited to the collection of those organic waste and non-organic recyclables as defined in 14 California Code of Regulations Section 18982(a)(43), or as otherwise defined by 14 California Code of Regulations Section 17402(a)(18.7).

76. "Source separated green container organic waste" means source separated organic waste that can be placed in a green container that is limited to collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, textiles, and manure.

77. "Source separated recyclable materials" means source separated non-organic recyclables and source separated blue container organic waste.

78. "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 California Code of Regulations Section 18982(a)(71).

79. "Tenant" means any person or persons, other than the owner, occupying or in possession of a premises.

80. "Tier one commercial edible food generator" means the following: (a) supermarkets; (b) grocery stores with a total facility size equal to or greater than 10,000 square feet; (c) food service providers; (d) food distributors; and (e) wholesale food vendors. If the definition in 14 California Code of Regulations Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 California Code of Regulations Section 18982(a)(73) shall apply to this chapter. For the purposes of this chapter, food recovery organizations and food recovery services are not tier one commercial edible food generators.

81. "Tier two commercial edible food generator" means the following: (a) restaurants with two hundred fifty (250) or more seats or a total facility size equal to or greater than five thousand (5,000) square feet; (b) hotels with an on-site food facility and two hundred (200) or more rooms; (c) health facilities with an on-site food facility and one hundred (100) or more beds; (d) large venues; (e) large events; (f) state agencies 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; and (g) local education agency facilities with on-site food facilities. If the definition in 14 California Code of Regulations Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 California Code of Regulations Section 18982(a)(74) shall apply to this chapter. Non-local entities that operate a facility that meets this definition are tier two commercial edible food generators. For the purposes of this chapter, food recovery organizations and food recovery services are not tier two commercial edible food generators.

82. "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 California Code of Regulations Section 189852(a)(76).

(Ord. 21-2231, § 1, 2021; Ord. 20-2218, § 2, 2021; Ord. 15-2130, § 1 (part), 2015; Ord. 2094, § 1, 2012; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)

A. The owner of each occupied residential or nonresidential premises shall subscribe to and pay for at least the minimum level of solid waste collection service made available to that premises by the solid waste collector, as specified in the franchise agreement between the city and the solid waste collector executed pursuant to Section 6.24.120 of this Chapter or obtain an exemption under Section 6.24.031 below. The owner of each occupied residential or nonresidential premises shall subscribe to and pay for a level of service sufficient to provide for the collection of all solid waste generated on the premises. Customers at non-residential premises must subscribe to services on a regular weekly basis sufficient to prevent container or bin overages and, where necessary, to extra services to prevent overages. Nonresidential customers' solid waste, if bagged, shall be in clear plastic bags.

B. The charges for solid waste collection service rendered or made available shall be paid for all periods of time during which the premises are occupied, regardless of whether or not the owner or tenant has any solid waste to be collected on any particular collection date during such occupancy. Occupancy shall be presumed unless evidence is presented that gas, electric, telephone and water utility services were not being provided to the premises during such periods. Nothing in this section is intended to prevent an arrangement, or the continuance of an arrangement, under which payments for solid waste collection service are made by a tenant or tenants, or any agent or other person, on behalf of the owner. However, any such arrangement will not affect the solid waste collection service recipient's obligation to pay for solid waste collection service as provided herein.

(Ord. 20-2218, § 3, 2021; Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)

An owner may obtain an exemption from the mandatory solid waste collection service in section 6.24.030 through the following process:

A. An owner may apply to the Director for an exemption from this section if (a) the applicable premises has been vacant and has not generated or accumulated any solid waste for the previous sixty days, and (b) will continue to be vacant for the foreseeable future.

B. Application for a vacancy exemption must be made on the form provided by the city and submitted to the Director for review and a determination as to the eligibility in accordance with the city's vacancy exemption policy.

C. An exemption and any extension of such exemption may be for a period of not more than one hundred eighty days.

(Ord. 15-2130, § 1 (part), 2015)

A. The owner or tenant designees of multi-family dwelling premises are required to subscribe to and maintain mandatory non-organic residential recycling services for each individual household in the dwelling. An exception may be granted at the discretion of the Director if it is determined there is not sufficient storage space for the containers at the multi-family dwelling premises.

B. All businesses are required to subscribe to and maintain mandatory non-organic recycling services if such businesses generate greater than or equal to four (4) cubic yards of solid waste per week. If the solid waste collector transports containers of solid waste generated by the business to a material recovery facility for the purposes of mixed waste processing, thereby separating non-organic recyclables from the mixed waste and recycling the non-organic recyclables, the business will be deemed to be subscribing to non-organic recycling services.

C. The disposal of garbage in containers designated for organic waste recycling or processing or for source separated or single-stream recycling is prohibited.

D. The solid waste collector is prohibited from providing solid waste service to businesses subject to the mandatory non-organic recycling requirements without providing a non-organic recycling program that includes the collection of a container no less than thirty-two (32) gallon capacity, provided by the solid waste collector, at least one (1) time per week. The only exceptions to this requirement are the following:

1. The solid waste collector provides a mixed waste processing program to the business in which solid waste containers are taken to a material recovery facility for processing to remove non-organic recyclable materials.

2. The solid waste collector may verify the owner or tenant designee has been granted an exception to the mandatory non-organic recycling program from the Director.

(Ord. 20-2218, § 4, 2021; Ord. 15-2130, § 1 (part), 2015; Ord. 2094, § 2, 2012)

Single-family organic waste generators shall:

A. Subscribe to the City's organic waste collection services for all organic waste generated. The City and/or its designee shall have the right to review the number and size of a generator's containers to evaluate the adequacy of capacity provided for each type of collection service and to review the proper separation of materials and containment of materials.

B. Participate in the City's organic waste collection service by placing designated materials in designated containers as described below, and not placing prohibited container contaminants in collection containers. Generator shall place 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 container. Generator shall not place materials designated for the gray container into the green container or blue container.

C. Nothing in this section prohibits a generator from preventing or reducing their solid waste generation, managing organic waste on site, and/or using a community composting site pursuant to 14 California Code of Regulations Section 18984.9(c).

(Ord. 21-2231, § 1, 2021)

Commercial business organic waste generators, including multi-family organic waste generators, shall:

A. Except commercial businesses that meet the back-hauler requirements in Section 6.24.037.050 of this code, or that meet the waiver requirements in Section 6.24.037.030 of this code, subscribe to the City's organic waste collection service for all organic waste generated. The City and/or its designee shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate the adequacy of capacity provided for each type of collection service and to review the proper separation of materials and containment of materials.

B. Except commercial businesses that meet the back-hauler requirements in Section 6.24.037.050 of this code, or that meet the waiver requirements in Section 6.24.037.030 of this code, participate in the City's organic waste collection service by placing designated materials in designated containers as described below, and not placing prohibited container contaminants in collection containers. Generator shall place 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 container. Generator shall not place materials designated for the gray container into the green container or blue container. If organic waste is placed in a plastic bag, the bag must be a clear plastic or a compostable plastic bag.

C. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 6.24.037.020.D.1 and 6.24.037.020.D.2 of this code) for employees, contractors, tenants, and customers, consistent with the City's blue container, green container, and gray container collection service or, if back-hauling, per the commercial business's instructions to support its compliance with its back-haul program, in accordance with Section 6.24.037.050 of this code.

D. Excluding multi-family residential properties, 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 California Code of Regulations Section 18984.9(b), the containers provided by the business shall have either:

1. A body or lid that conforms with the container colors specified 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. Notwithstanding the foregoing, 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 the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 California Code of Regulations Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

E. Excluding multi-family residential properties, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the City's blue container, green container, and gray container collection service or, if back-hauling, per the commercial business's instructions to support its compliance with its back-haul program, in accordance with Section 6.24.037.050 of this code.

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

G. 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.

H. Provide education information within fourteen (14) days of new 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 each other and gray container waste and the location of containers and the rules governing their use.

I. Provide or arrange access for inspections conducted in accordance with Section 6.24.037.070 of this code to confirm compliance with the requirements of this chapter.

J. Accommodate and cooperate with the City's remote monitoring program, if any, for inspection of the adequacy of capacity and the types of materials placed in containers to identify prohibited container contaminants.

K. At a commercial business's option and subject to any approval required from the City and/or its designee, implement a remote monitoring program for self-inspection and self-monitoring of the adequacy of capacity and the types of materials placed in containers to identify prohibited container contaminants.

L. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, and/or using a community composting site pursuant to 14 California Code of Regulations Section 18984.9(c).

(Ord. 21-2231, § 1, 2021)

A. De Minimis Waivers. The Director may waive a commercial business's (including a multi-family residential property's) obligation to comply with some or all of the organic waste collection service requirements of this chapter if the commercial business provides documentation demonstrating that the business generates below the amount of organic waste described in this section. A commercial business requesting a de minimis waiver shall:

1. Submit an application to the Director specifying the service or requirements for which it is requesting a waiver.

2. Provide documentation that either:

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

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

c. For the purposes of this section, total solid waste shall be the sum of weekly container capacity measured in cubic yards for solid waste, non-organic recyclable material, and organic waste.

3. Notify the Director if circumstances change such that the commercial business's organic waste exceeds the threshold required for waiver specified in this section, in which case the waiver will be rescinded.

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

B. Physical Space Waivers. The Director may waive a commercial business's (including a multi-family residential property's) obligation to comply with some or all of the organic waste collection service requirements of this chapter if the commercial business provides documentation demonstrating that the premises lacks adequate space for the collection containers required for compliance with this chapter. A commercial business requesting a physical space waiver shall:

1. Submit an application to the Director specifying the service or requirements for which it is requesting a waiver.

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

3. Notify the Director if the commercial business's physical space configurations change, in which case waiver will be rescinded.

4. Provide written verification of eligibility for a physical space waiver to the Director every five (5) years, if the City has approved a physical space waiver.

(Ord. 21-2231, § 1, 2021)

A. Requirements for Haulers

1. The exclusive franchised hauler providing residential, commercial, or industrial organic waste collection services to generators within the City's boundaries shall meet the following requirements and standards:

a. The Franchise Agreement with the exclusive franchised hauler will identify the facilities to which the hauler 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 California Code of Regulations, Division 7, Chapter 12, Article 2.

2. Nothing in this section is applicable to haulers transporting source separated organic waste to a community composting site in a manner otherwise consistent with law, or lawfully transporting C&D debris in a manner that complies with 14 California Code of Regulations Section 18989.1 and the City's C&D debris ordinances, codified at Section 6.24.200 and 16.72.040 of this code.

3. Back-haulers shall comply with the requirements of Section 6.24.037.050 of this code.

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 sixty (60) days.

2. Community composting operators shall, upon the City's request, provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within sixty (60) days.

(Ord. 21-2231, § 1, 2021)

A. Back-haulers shall source separate all non-organic recyclable material and organic waste generated on-site from solid waste in a manner consistent with 14 California Code of Regulations Sections 18984.1.

B. Back-haulers shall haul their source separated recyclable materials and source separated green container organic waste for appropriate recovery.

C. Back-haulers shall keep records of the quantity of non-organic recyclable material and organic waste being back-hauled. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the non-organic recyclable material and organic waste.

2. The amount of non-organic recyclable material and organic waste 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 back-hauler's vehicle in a manner that allows it to determine the weight of materials received, the back-hauler is not required to record the weight of material but shall keep a record of the entities that received the non-organic recyclable material and organic waste.

D. Back-haulers shall, upon the City's request, provide the records collected pursuant to this section. Entities contacted by the City shall respond within sixty (60) days.

(Ord. 21-2231, § 1, 2021)

Mulch procured for the purpose of meeting the City's annual recovered organic waste product procurement target pursuant to 14 California Code of Regulations Chapter 12 of Division 7 must meet the requirements described in this section for the duration of the applicable procurement compliance year, as specified by 14 California Code of Regulations Section 18993.1(f)(4):

A. Produced at one of the following facilities:

1. A compostable material handling operation or facility as defined in 14 California Code of Regulations Section 17852(a)(12), that is permitted or authorized under 14 California Code of Regulations Division 7, other than a chipping and grinding operation or facility as defined in 14 California Code of Regulations Section 17852(a)(10);

2. A transfer/processing facility or transfer/ processing operation as defined in 14 California Code of Regulations Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 California Code of Regulations Division 7; or,

3. A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 California Code of Regulations Division 2.

B. Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 California Code of Regulations Sections 17852(a)(24.5)(A)1 through 3.

(Ord. 21-2231, § 1, 2021)

A. The City and/or its designee are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials, to confirm compliance with this chapter by organic waste generators, commercial businesses (including multi-family residential properties), haulers, and back-haulers, subject to applicable laws. This section does not allow the City or its designee to enter the interior of a residential premises for inspection. For the purposes of inspecting commercial business containers for compliance with Section 6.24.037.020 of this code, the City and/or its designee may conduct container inspections for prohibited container contaminants using remote monitoring, if such a program is adopted, and commercial businesses shall accommodate and cooperate with such remote monitoring pursuant to Section 6.24.037.020.J of this code.

B. Regulated entity shall provide or arrange for access during all inspections (with the exception of residential premises interiors) and shall cooperate with the City and/or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure of the regulated entity to provide or arrange for: (1) access to the premises; (2) installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or (3) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Sections 6.24.037.080 and 6.24.240 of this code.

C. Any records obtained by the City and/or its designee during inspections, remote monitoring, if such a program is adopted, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

D. The City and/or its designee are authorized to conduct any inspections, remote monitoring, if such a program is adopted, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

E. The City shall accept written complaints from persons regarding an entity that may be potentially non-compliant with this chapter, including receipt of anonymous complaints.

(Ord. 21-2231, § 1, 2021)

A. For the period from January 1, 2022 through December 31, 2023, the enforcement officer and/or the City's designee will conduct inspections, remote monitoring (if such a program is adopted), route reviews, compliance reviews, and investigation of complaints, depending upon the type of regulated entity, to determine compliance with the requirements of Section 6.24.037 of this code. If the enforcement officer and/or the City's designee determines that an organic waste generator, back-hauler, hauler, or other entity is not in compliance with such section, the enforcement officer and/or the City's designee shall provide educational materials to the entity, describing its obligations under Section 6.24.037 of this code and that violations may be subject to administrative citations, fines, civil penalties or other remedies beginning on January 1, 2024.

B. Beginning January 1, 2024, any person who violates any provision of Section 6.24.037 of this code shall be subject to the penalties as provided in Section 6.24.240 of this code.

C. The enforcement officer and/or the City's designee will monitor compliance with Section 6.24.037 of this code through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring, if such a program is adopted).

D. The enforcement officer may issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.

(Ord. 21-2231, § 1, 2021)

A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 California Code of Regulations 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. Tier one and tier two 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: (a) the collection of edible food for food recovery; or, (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

4. Allow the department or designee to access the premises, conduct inspections, and review electronic and hard copy records pursuant to 14 California Code of Regulations Section 18991.4.

5. Keep records that include the following information, or as otherwise specified in 14 California Code of Regulations 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 California Code of Regulations Section 18991.3(b).

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

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

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

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

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

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

D. Tier one commercial edible food generators shall submit food recovery reports meeting the requirements of Section 6.24.038 of this code to the department or designee according to the following schedule:

1. On or before August 1, 2022, tier one commercial edible food generators shall submit a food recovery report for the period of January 1, 2022 through June 30, 2022.

2. On or before May 1, 2023, and on or before May 1st each year thereafter, tier one commercial edible food generators shall submit a food recovery report for the period covering the entire previous calendar year.

E. Tier two commercial edible food generators shall submit food recovery reports meeting the requirements of Section 6.24.038 of this code to the department or designee according to the following schedule:

1. On or before May 1, 2025, and on or before May 1st each year thereafter, tier two commercial edible food generators shall submit a food recovery report for the period covering the entire previous calendar year.

F. Food recovery reports submitted by tier one and tier two commercial edible food generators shall include the following information:

1. The name and address of the commercial edible food generator;

2. The name of the person responsible for the commercial edible food generator's edible food recovery program;

3. A list of all contracted food recovery services or food recovery organizations that collect edible food from the commercial edible food generator;

4. The total number of pounds of edible food, per year, donated through a contracted food recovery organization or food recovery service.

G. 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 issued by the California Department of Education pursuant to Senate Bill 557 (2017).

(Ord. 21-2231, § 1, 2021)

A. Food recovery services collecting, receiving, or coordinating the collection of edible food directly from tier one or tier two commercial edible food generators, via a contract or written agreement established under 14 California Code of Regulations Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 California Code of Regulations 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, receiving, or coordinating the collection of edible food directly from tier one or tier two commercial edible food generators, via a contract or written agreement established under 14 California Code of Regulations Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 California Code of Regulations 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 tier one or tier two commercial edible food generators pursuant to 14 California Code of Regulations Section 18991.3(b) shall submit food recovery reports meeting the requirements of Section 6.24.038 of this code to the department or designee according to the following schedule:

1. On or before August 1, 2022, food recovery organizations and food recovery services shall submit a food recovery report for the period of January 1, 2022 through June 30, 2022;

2. On or before May 1, 2023, and on or before May 1st each year thereafter, food recovery organizations and food recovery services shall submit a food recovery report for the period covering the entire previous calendar year.

D. Food recovery reports submitted by food recovery services or organizations shall include the following information:

1. Total pounds of edible food recovered in the previous calendar year from tier one and tier two edible food generators with whom the reporting entity has a contract or written agreement pursuant to 14 California Code of Regulations Section 18991.3(b).

2. Total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators within Santa Clara County with whom the reporting entity has a contract or written agreement pursuant to 14 California Code of Regulations Section 18991.3(b).

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

(Ord. 21-2231, § 1, 2021)

A. The department and/or designee are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators to confirm compliance with this chapter by tier one and tier two commercial edible food generators, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the department or designee to enter the interior of a residential premises for inspection.

B. Regulated entities shall provide or arrange for access during all inspections (with the exception of residential premises interiors) and shall cooperate with the department's or designee's employees during such inspections and investigations. Such inspections and investigations may include in-person or electronic review of edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for access to the premises or access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Section 6.24.038.040 of this code.

C. Any records obtained by the department or designee during inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

D. Representatives of the department and/or designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

E. Department shall receive written complaints, including anonymous complaints, regarding entities that may be in violation of this chapter. Complaints shall include the name and contact information of the complainant, if the complainant is not anonymous; the identity of the alleged violator, if known; a description of the alleged violation including location(s) and all other relevant facts known to the complainant; any relevant photographic or documentary evidence to support the allegations in the complaint; and the identity of any witnesses, if known.

(Ord. 21-2231, § 1, 2021)

A. Administrative Fine. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of an administrative fine by the department. Absent compliance by the respondent within the deadline set forth in the notice of violation, the department shall commence an action to impose penalties, via an administrative citation and fine.

B. Notice of Violation. Before assessing an administrative fine, the department shall issue a notice of violation requiring compliance within sixty days of issuance of the notice. The notice shall include: (1) the name(s) of each person or entity to whom it is directed, (2) a factual description of the violations, including the regulatory section(s) being violated, (3) a compliance date by which the respondent is to take specified action(s), and (4) the penalty for not complying before the specified deadline.

C. Extensions to Compliance Deadlines. The department 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;

3. Deficiencies in edible food recovery capacity and the existence of a corrective action plan imposed pursuant to 14 California Code of Regulations Section 18996.2 due to those deficiencies; or,

4. Any other circumstance in which the department director, in their sole discretion, finds good cause to extend the compliance deadlines.

D. Administrative Citations. If the respondent fails to correct the violation by the compliance date, the department shall issue an administrative citation and fine. The citation shall include a description of the administrative citation appeal process, including the designated hearing officer, the time within which the administrative citation may be contested, and instructions for requesting a hearing.

E. Amount of Fine. The amount of the administrative fine for each violation of this chapter shall be as follows:

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

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

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

F. Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty range:

1. The nature, circumstances, and severity of the violation(s).

2. The violator's ability to pay.

3. The willfulness of the violator's misconduct.

4. Whether the violator took measures to avoid or mitigate violations of this chapter.

5. Evidence of any economic benefit resulting from the violation(s).

6. The deterrent effect of the penalty on the violator.

7. Whether the violation(s) were due to conditions outside the control of the violator.

G. Appeals. Persons receiving an administrative citation for an uncorrected violation may request a hearing to appeal the citation. The City will designate a hearing officer who shall conduct the hearing and issue a final written order. The hearing officer may be a City official or another public agency designated by the City. The hearing officer shall be identified in the administrative citation. A hearing will be held only if it is requested within fifteen (15) days from the date of the notice of the administrative citation.

H. Other Remedies. Other remedies allowed by law may be used to enforce this chapter, including civil action or criminal prosecution as misdemeanor or infraction. The department and/or City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The department may choose to delay court action until such time as court action is a reasonable use of staff and resources.

I. Education Period for Non-Compliance. Beginning January 1, 2022, and through December 31, 2023, the department and/or designee will conduct inspections and compliance reviews. If the department and/or designee determines that a tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with Section 6.24.038 of this code, it shall provide educational materials to the entity describing its obligations under Section 6.24.038 of this code and a notice that compliance is required. It shall also provide notice that violations may be subject to administrative civil penalties starting on January 1, 2024.

(Ord. 21-2231, § 1, 2021)

The owner or tenant shall commence solid waste collection service within ten days after occupancy of a premises, or portion thereof. In the event service is not initiated within such period of time, the Director may give written notice to the owner or tenant that solid waste collection service is required. If service is not initiated by the owner or tenant within ten days after the date of mailing the notice, the Director shall authorize the solid waste collector to begin and continue providing the minimum level of solid waste collection service to such premises and the service shall be deemed to have been made available as of the date of such authorization.

(Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010, Ord. 1572, § 1 (part), 1991)

No more than one week's accumulation of garbage shall be kept or permitted to remain upon any premises in the City. At least once a week, all garbage and organic waste produced, kept, deposited, placed or accumulated within any premises in the City shall be disposed of in accordance with the provisions of this chapter. Dry non-organic recyclables may be accumulated for up to one month (if necessary to reasonably fill the collection container), so long as they are not stored within view of the public right of way and are kept in appropriate containers.

(Ord. 15- 2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)

All garbage, organic waste and non-organic recyclables subject to solid waste collection service shall be disposed of by delivery of the appropriate container to an authorized collection station, located as to be readily accessible for the removal and emptying of its contents by the solid waste collector.

(Ord. 21-2231, § 1, 2021; Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)

A. All garbage, organic waste materials and non-organic recyclables containers shall be kept in a sanitary condition with the lid closed or cap secured, except when being loaded or unloaded.

B. Garbage, organic waste materials and non-organic recyclables containers for residential premises shall be provided by the solid waste collector and be sized based on the level of subscription for services requested by the responsible party or as may be required by this Chapter 6.24. Containers shall not be loaded with more materials than will fit in the container with the lid closed or cap secured, or in excess of the weight limit marked on the container. All containers for business structure premises shall be provided by or approved by the solid waste collector, except for industry approved grease or cooking oil tallow bins that shall be provided by a designated tallow hauler.

C. Garbage, organic waste and non-organic recycling containers shall be collected by the solid waste collector when the containers are placed at the collection station; provided, however, that the collection may be made at such other location upon approval by the Director, based on the services subscribed for by the responsible party.

D. Garbage containers, organic materials containers and non-organic recycling containers shall be placed at the authorized collection station not more than twenty-four hours before the scheduled collection time, unless the resident subscribes for 'Walk-Up' services. All containers shall be removed from the collection station area within twenty-four hours after collection. Where containers are placed within a designated bike lane, containers shall be removed within twelve hours after collection. All bins, boxes, and containers of one cubic yard or more, which are serviced by the solid waste collector, shall be identified with the name and telephone number of the collector servicing the bins, boxes and containers.

(Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1626, (part), 1993; 1572, § 1 (part), 1991)

It is the duty of the authorized solid waste collector, unless otherwise allowed under the current franchise agreement, to provide the bins, boxes and containers. The use of garbage, organic materials and non-organic recycling containers which do not meet the standards set forth in Section 6.24.070 of this chapter shall be subject to regulations prescribed by the Director. The solid waste collector may propose for City approval additional charges to be paid the solid waste collector for the collecting and transporting of the inappropriate containers or waste contained therein.

(Ord. 20-2218, § 6, 2021; Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1626, (part), 1993; Ord. 1572, § 1 (part), 1991)

It is unlawful for any person to burn, or cause to be burned, any solid waste within the City or to burn, or cause to be burned, any waste upon public streets, ways or alleys.

(Ord. 15- 2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)

No person shall deposit in any garbage organic waste or non-organic recycling container any explosive, highly inflammable or otherwise hazardous material or substance.

(Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)

A. It is unlawful for any person or entity in the City to throw, deposit or store refuse, garbage or hazardous waste, or to cause the same to be thrown, deposited or stored, upon any street, alley, gutter, park, or other public place. Furthermore, no property owner and/or tenant with control over any premises shall keep or maintain any garbage, non-organic recyclables, organic waste, hazardous materials, or any waste effluent such as grease or oil on any premises within the City other than in containers as required by Section 6.24.070 and/or any other provisions of this chapter. Waste water must go to the sanitary sewer; if it contains oil or grease a grease trap may be required.

B. Nothing contained in Section 6.24.070, Section 6.24.080 or this Section 6.24.110 shall prevent a property owner and/or tenant with control over any residential premises from keeping or maintaining organic waste in a residential composting bin designed and intended for residential composting. Residential composting materials and containers shall not be stored in public view.

(Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)

The City Council may award an exclusive franchise to any person or entity the Council believes is qualified to perform solid waste collection service. Such franchise agreement shall require the solid waste collector to render service to all residential and nonresidential premises within the City in accordance with the provisions of this chapter and in conformity with such regulations as may be adopted by the Director with the approval of the City Council. Additional terms of such franchise agreement shall not conflict with any of the provisions of this chapter, Chapter 9.16 or Chapter 10.48.

(Ord. 20-2218, § 7, 2021; Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)

The City Council reserves the right to establish by resolution a maximum schedule of rates and charges for all levels of solid waste collection services to be rendered by the solid waste collector, who shall then have authority to collect such rates and charges. The schedule may be changed from time to time in the manner prescribed by the franchise agreement between the City and the solid waste collector.

(Ord. 20-2218, § 8, 2021; Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)

The solid waste collector shall be entitled to payment from the recipient of solid waste collection service for any services rendered or to be rendered by the solid waste collector. Upon failure to make such payment, the means of collecting delinquent charges shall be in accordance with the procedures set forth in Sections 6.24.170 through 6.24.180 of this Chapter.

(Ord. 20-2218, § 9, 2021; Ord. 15- 2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)

If a bill for solid waste collection service becomes delinquent, the solid waste collector shall send or deliver notice of delinquency in the form and manner set forth in the franchise agreement, and indicating the amount owed for solid waste collection service, including the amount of late charges that may be imposed thereon, and advising that failure to pay the same will result in increased penalties and that the solid waste collector may pursue other remedies consistent with law regulating the collection of debts.

(Ord. 20-2218, § 10, 2021; Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)

If a bill for solid waste collection service remains delinquent for more than forty-five (45) days, and the solid waste collector has given notice as required herein, the solid waste collector shall be entitled to collect a late charge in such amount as set forth in the franchise agreement with the solid waste collector. In the event the bill for solid waste collection service, together with any late charge thereon, remains delinquent for more than ninety (90) days, and the solid waste collector has given notice as required herein, the solid waste collector may pursue any remedies consistent with the franchise agreement and law regulating the collection of debts for services rendered by the solid waste collector.

(Ord. 20-2218, § 11, 2021; Ord. 15- 2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)

The City may operate one or more centers for the collection of recyclable materials or may enter into a contract with a private party to operate such centers. The City may contract with the same solid waste collector awarded the franchise for solid waste collection service or with any other party for the processing and transportation of the recyclable material collected at a recycle center. The City Council may, from time to time by resolution, designate what material shall be deemed recyclable and which may therefore be disposed of by delivery to a recycle center.

(Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)

A. No person shall collect any garbage, mixed non-organic recyclables, or organic waste from containers provided by the solid waste collector when the containers are located at the collection station and/or within a solid waste enclosure recycling area, unless such person is an agent or employee of the City acting within the course and scope of his employment, or has been awarded a franchise by the City to act as solid waste collector.

B. No person shall collect any garbage, mixed non-organic recyclables, organic waste, or construction and demolition materials through the use of debris boxes, compactors and bin-by-the-day services, which is produced, kept or accumulated within the City, unless such person is an agent or employee of the City acting within the course and scope of his employment, or has been awarded a franchise by the City to act as solid waste collector. The City shall notify any person or entity violating this section that the prompt and permanent removal of any collection bin, box or container from the place or premises is required. The City's solid waste collector may take legal action to protect the exclusive rights granted to the solid waste collector in the franchise agreement. The following situations are exempt from this section:

1. The transporting of garbage or non-organic recyclables and organic waste by the property owner, that have been generated on the property by the owner of the property or by an individual or entity leasing or renting the property from the property owner.

2. Collection of non-organic recyclable materials or organic material which have been source separated from other solid waste by the generator and which the generator sells or donates to any other person or organization, or any organic or non-organic recyclable materials which have a value equal to or more than the cost of collection.

3. Removal of construction, remodeling or demolition debris as part of a total service offered by the contractor, where the removal is performed by an employee of the contractor using only equipment owned by the contractor.

4. Removal of green waste or plant trimmings by a gardening, landscaping, or tree trimming contractor as an incidental part of a total service offered by that contractor.

5. Collection of grease wastes from grease bins, grease traps or grease interceptors.

6. Collection of horse manure from residences or non-residential properties.

7. Collection of hazardous materials.

8. Collection of non-hazardous material that is greater than fifty percent (50%) liquid (including septic tank pumping, and other liquid wastes).

(Ord. 15-2130, § 1 (part), 2015; Ord. 2094, § 3, 2012; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)

No person shall, in any manner, interfere with the performance of solid waste collection services being rendered by an agent or employee of the City acting within the course and scope of his employment, or being rendered by the authorized solid waste collector.

(Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)

No person shall deposit, place or accumulate, or allow the deposit, placement or accumulation upon a premises for pick up by the solid waste collector, any solid waste produced from another premises where such action results in the avoidance or reduction of any solid waste collection service charges that would otherwise be payable for collection of such solid waste from the premises at which it was produced.

(Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)

A. The Director shall adopt such rules and regulations as may be necessary for the proper administration and enforcement of this chapter, and any franchise, contract or license issued or executed there under, including regulations relating to the required frequency of collection from various types of places and premises, and the types of special containers required for certain classes of places and premises.

B. The Director shall resolve all disputes concerning the administration of this chapter and any franchise, contract, or license issued or executed there under. Any affected person who is dissatisfied with the determination of the Director may, within ten days after such decision appeal the same to the City Council. Such appeal must be in writing, filed with the City Clerk, and must set forth the reasons for such appeal.

C. Disputes concerning the enforcement of this chapter by an administrative citation issued pursuant to Chapter 1.10 shall be resolved by means of the citation appeal process set forth in that chapter. No violation of this chapter shall be permitted, or be continued, during the time any such appeal is pending.

(Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)

The City may address violations of this chapter by issuing administrative citations, fines, and penalties as set forth in Chapter 1.10 of this code. Alternatively, the City may prosecute any violation of this chapter as a misdemeanor, punishable as provided in Chapter 1.12 of this Code.

(Ord. 21-2231, § 1, 2021; Ord. 15-2130, § 1 (part), 2015; Ord. 2069, § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)