Del Mar Municipal Code Ch. 11.20 Management of Solid Waste

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Editor's note— Ord. No. 983, § 3, adopted December 13, 2021, amended Ch. 11.20 in its entirety to read as set out herein. Former Ch. 11.20, §§ 11.20.010—11.20.120, pertained to similar subject matter and derived from Ord. No. 440; Ord. No. 590; and Ord. No. 632.

The purpose of this Chapter is to regulate solid waste handling to protect public health, safety, and welfare and to meet the City of Del Mar's obligations under State law. The City is obligated to implement plans for solid waste source reduction, reuse, and recycling to meet specified waste diversion targets, and enforce State recycling laws.

(Ord. No. 983, § 3, 12-13-2021)

This ordinance shall be effective commencing January 1, 2022.

(Ord. No. 983, § 3, 12-13-2021)

Unless it is apparent from the context that another meaning is intended, the following words and terms shall have the meaning as set forth in this section.

AB 341 means Assembly Bill 341, that State law adopted in 2011, as it may have been amended since, that requires commercial businesses that meet specified waste generation thresholds to arrange for recycling services.

AB 827 means Assembly Bill 827, the State law adopted in 2019, as it may have been amended since, that requires businesses to provide customers with access to recycling containers.

AB 939 means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.), as it may have been amended since.

AB 1826 means Assembly Bill 1826, that State law adopted in 2015, as it may have been amended since, that requires commercial businesses that meet specified waste generation thresholds to arrange for organic waste recycling services.

Anaerobic digestion means an in-vessel controlled system of digestion such as, but not limited to, a treatment facility for the digestion of organics to produce methane and reduce the volume of organics sent to landfills.

Back-haul means transporting recyclable materials or organic waste to a destination owned and operated, or used by, the waste generator using a vehicle or trailer that was originally used to deliver products or finished good to the waste generator's location.

Bin means a metal container with hinged lids and wheels and a capacity from two to six cubic yards.

Biohazardous waste has the same meaning as the term "biohazardous waste" in California Health and Safety Code section 117690, as may be amended from time to time.

Blue container has the same meaning as in 14 CCR section 18982.2(a)(5), as may be amended from time to time, and means a container used for storage and collection of source separated recyclable materials or source separated blue container organic waste. A blue container means a container where either: 1) the lid of the container is blue in color, or 2) the body of the container is blue in color and the lid is either blue, gray, or black in color.

Business day means any day Monday through Saturday, which is not a holiday.

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).

CalRecycle means California's Department of Resources Recycling and Recovery, which is authorized to implement and enforce State Laws related to waste and recycling.

Cannabis waste means waste that is not hazardous waste which contains cannabis and that has been made unusable and unrecognizable in the manner required by State cannabis laws. Cannabis waste is a subset of green waste and organic waste.

Cart means a plastic container with a hinged lid and wheels serviced by an automated or semi-automated truck with a capacity of no less than 32 gallons and no greater than 101 gallons.

Chapter mean this chapter, Chapter 11.20 of the Del Mar Municipal Code.

City means the City of Del Mar, California, a Charter City and municipal corporation, and all the territories lying within the municipal boundaries of the City as it currently exists over which the City has jurisdiction, or as such boundaries may be adjusted.

City Enforcement Official means the City Manager or their designee.

Collect or collection means the act of taking physical possession of discarded materials at residential or commercial premises within the City and transporting it to a facility for reuse, salvage, recycling, processing, composting, transfer, disposal, or transformation.

Commercial or Commercial premises means a firm, partnership, joint venture, sole proprietorship, joint-stock company, corporation, or association (whether for-profit or nonprofit). Commercial premises include a retail outlet, warehouse, office building, strip mall, manufacturing plant, factory, storage yard, industrial facility or similar type of property. Commercial premises also include multi-family residential premises with five (5) or more dwelling units, or as otherwise defined in 14 CCR section 18982(a)(6), as may be amended from time to time. Commercial premises excludes residential premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations but are not the primary use of the property. For purposes of this Chapter, the following types of properties are commercial premises: assisted living facilities, convalescent homes, dormitories, extended stay motels, group residential facilities, group care facilities, hostels, hotels, motels, and any other businesses in which residency is transient in nature. A multi-family residential dwelling that consists of fewer than five (5) units is not a commercial premises.

Commercial edible food generator includes a tier one or a tier two commercial edible food generator as defined in this section, or as otherwise defined in 14 CCR section 18982(a)(73) and (a)(74), as may be amended from time to time. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.

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, or as otherwise defined in 14 CCR section 18982(a)(8), as may be amended from time to time.

Compliance review means a review of records by the City to determine compliance with this Chapter.

Compost or Composting has the same meaning as in 14 CCR section 17896.2(a)(4), as may be amended from time to time, and means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or that are separated at a centralized facility.

Compostable plastics means plastic material that meets the American Society for Testing and Materials (ASTM) D6400 standard for compostability (sections 5.1 through 6.4.2 published May 2019).

Construction and demolition debris or (C&D debris) means any solid waste generated at a premises that is directly related to construction or demolition activities. These activities include, but are not limited to, construction, demolition, remodeling, grading, land clearing, or renovation on any residential, commercial, institutional or industrial building, road, driveway, walkway or other structure. C&D debris includes but is not limited to, concrete, asphalt paving, asphalt roofing, lumber, gypsum board, rock, soil and metal.

Container means any cart, bin, roll-off box, or other approved receptacle used or intended to be used for holding solid waste for collection.

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), as may be amended from time to time.

Customer means the person who voluntarily subscribes to the contractor's collection services and to whom the City or contractor submits its billing invoice and collects payment from for collection services provided to a premises. The customer may be either the occupant, owner, or operator of the premises.

Disposal means the final disposition of solid waste at a landfill or source separated permitted facility.

Diversion (or any variation thereof, including "divert") means activities which reduce or eliminate discarded materials from disposal including, but not limited to, reuse, salvage, recycling, and composting, provided such activities are recognized by CalRecycle as diversion in its determination of the City's diversion targets and compliance with AB 939.

Edible food means food intended for human consumption, or as otherwise defined in 14 CCR section 18982(a)(18), as may be amended from time to time. For the purpose of this Chapter, edible food is not solid waste if it is recovered and not discarded. Edible food is not considered discarded materials 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.

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

Excluded waste means hazardous substances, 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 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, as may be amended from time to time. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, electronic waste, and/or latex paint when such materials are defined as allowable materials for collection through the City's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by City or its designee for collection services.

Food distributor means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR section 18982(a)(22), as may be amended from time to time.

Food facility has the same meaning as in section 113789 of the Health and Safety Code, as may be amended from time to time, and means a permanent or temporary operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. A food facility includes an operation where food is consumed on or off the premises, regardless of whether there is a charge for the food. A food facility includes a place used in conjunction with the operations described in this section including, but not limited to, storage facilities for food-related utensils, equipment, and materials. A food facility includes, but is not limited to, school cafeterias, licensed health care facilities, commissaries, mobile food facilities, vending machines, farmers' markets, farm stands, microenterprise home kitchen operations, and catering operations. Food facility does not include any of the following:

(1) A cooperative arrangement wherein no permanent facilities are used for storing or handling food.

(2) A private home when used for private, noncommercial purposes or when used as a cottage food operation, as that term is defined in section 113758 of the Health and Safety Code, as may be amended from time to time.

(3) A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.

(4) A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.

(5) A premises set aside for wine tasting, or beer manufacturing, regardless of whether there is a charge for the wine or beer tasting.

(6) An outlet or location, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted at an outlet or location controlled by the producer.

(7) A commercial food processing establishment.

(8) A child day care facility.

(9) A community care facility.

(10) A residential care facility for the elderly.

(11) A residential care facility for the chronically ill.

(12) An intermediate care facility for the developmentally disabled.

(13) A community food producer.

(14) A limited-service charitable feeding operation.

Food recovery means actions to collect and distribute edible food for human consumption which otherwise would be discarded, or as otherwise defined in 14 CCR section 18982(a)(24), as may be amended from time to time.

Food recovery organization means an entity that engages in the collection or receipt of edible food from commercial edible food generators that distributes the 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), as may be amended from time to time, including, but not limited to:

(1) A food bank as defined in section 113783 of the Health and Safety Code, as may be amended from time to time;

(2) A nonprofit charitable organization as defined in section 113841 of the Health and Safety code, as may be amended from time to time; and,

(3) A nonprofit charitable temporary food facility as defined in section 113842 of the Health and Safety Code, as may be amended from time to time.

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), as may be amended from time to time. A food recovery service is not a commercial edible food generator for the purposes of this Chapter.

Food scraps means discarded food that will decompose and/or putrefy and is segregated for collection and recycling. Food scraps includes all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, fats, oils, grease, and eggshells.

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

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, food soiled paper, and compostable plastics.

Franchise agreement means the agreement between a franchisee and the City to provide solid waste handling service in the City.

Franchisee means the right and privilege to provide solid waste collection services within the City granted by City to a contractor pursuant to the City's authority under Article XI, Section 7 of the State of California Constitution, the City charter, and section 40059 of the Public Resource Code, as may be amended from time to time.

Full-service restaurant means an establishment with the primary business purpose of serving food, where food may be consumed on the premises, and where all of the following actions are taken by an employee or employees of the establishment: 1) The consumer is escorted or assigned to an assigned eating area. The employee may choose the assigned eating area or may seat the consumer according to the consumer's need for accommodation or other request; 2) The consumer's food and beverage orders are taken after the consumer has been seated at the assigned seating area; 3) The food and beverage orders are delivered directly to the consumer; 4) Any requested items associated with the consumer's food or beverage order are brought to the consumer; 5) The check is delivered directly to the consumer at the assigned eating area; and 6) The consumer does not deliver the consumer's waste and used dishes etc. to another location or otherwise clean the consumer's own table. Full-service restaurants are exempt from the container placement requirements of AB 827.

Gray container has the same meaning as in 14 CCR section 18982.2(a)(28), as may be amended from time to time, and means a container used to store and collect refuse, mixed waste, and/or gray container waste. A gray container means a container where either: 1) the lid of the container is gray or black in color, or 2) the body of the container is gray or black in color and the lid is gray or black in color.

Gray container waste means refuse or mixed waste that is collected in a gray container that is part of a collection service that prohibits the placement of recyclable materials or organic waste in the gray container, or as otherwise defined in 14 CCR section 17402(a)(6.5), as may be amended from time to time.

Green container or green cart has the same meaning as in 14 CCR section 18982.2(a)(29), as may be amended from time to time, and means a container used to store and collect source separated green container organic waste. A green container means a container where either: 1) the lid of the container is green in color, or 2) the body of the container is green in color and the lid is either green, gray, or black in color.

Green container waste means green waste, organic waste, food scraps, food-soiled paper, and compostable plastics that is collected in a green container that is part of a service that prohibits the placement of refuse, mixed waste, non-organic recyclables in the green container.

Green waste means non-contaminated material composed of organic matter or plant matter that is the result of seasonal variations or landscape and gardening activities. Green waste includes, without limitation, grass clippings, shrubbery, leaves, tree trimmings, branches, flowers, plant stalks, wood and other plant material. Green waste does not include yuccas, cactus, palm fronds, or stumps or branches exceeding six inches in diameter or four feet in length.

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) and (a)(74), as may be amended from time to time.

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), as may be amended from time to time.

Hazardous waste means any substance defined as acutely hazardous waste, extremely hazardous waste, or hazardous waste in California Health and Safety Code sections 25110.02, 25115, and 25117, as may be amended from time to time; any waste which meets the definitions set forth in 22 CCR section 66261.3, et seq., as may be amended from time to time, and is required to be managed; any substance listed as hazardous waste in 42 USC section 6901 et seq., as may be amended from time to time; and any substance identified or listed now or in the future as hazardous waste by any State or Federal agency.

High diversion organic waste processing facility means a facility that 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 on and after January 1, 2025, or as otherwise defined in 14 CCR section 18982(a)(33), as may be amended from time to time.

Household hazardous waste means hazardous waste generated at a single-family and multi-family residential premises.

Inspection means a site visit or desktop audit where the City reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements, or as otherwise defined in 14 CCR section 18982(a)(35), as may be amended from time to time.

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. A large event is a tier two commercial edible food generator. If the definition in 14 CCR section 18982(a)(38), as may be amended from time to time, 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. A large venue is a tier two commercial edible food generator.

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), as may be amended from time to time.

Manure means excrement from livestock and domestic farm animals, and any secondary materials used for bedding or sanitary purposes.

Materials recovery facility or MRF means a permitted solid waste facility where solid wastes or recyclable materials are sorted or separated for the purposes of recycling, processing, digesting, or composting.

Medical waste means any solid waste that is generated or has been used in the diagnosis, treatment, or immunization of human beings or animals, or research pertaining thereto, and shall include, but not be limited to, biomedical, biohazardous and medical waste, or other solid waste resulting from medical activities or services under any State or federal law or regulation, all as currently enacted or subsequently amended.

Multi-family residential premises or multi-family means of, from, or pertaining to residential premises with five or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

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), as may be amended from time to time.

Non-local entity means entities that are not subject to the City's enforcement authority, including special districts, State fairgrounds, State prisons, school districts, State universities and colleges, State hospitals, State community colleges, and other State properties and facilities, or as otherwise defined in 14 CCR section 18982(a)(42), as may be amended from time to time.

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), as may be amended from time to time.

Notice of violation (NOV) means a notice that a violation has occurred that includes a compliance date to avoid further enforcement action or 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, as may be amended from time to time.

Organic materials means green materials, wood waste, and/or food waste, whether individually or in combination, set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of processing. Organic materials are a subset of organic waste.

Organic waste means green waste, food waste, manure, and any other organic waste material which is acceptable to be delivered to an organics processing facility such as an anaerobic digester, or composting facility; solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green materials, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing papers, manure, biosolids, digestate, and sludges; or as otherwise defined in 14 CCR section 18982(a)(46), as may be amended from time to time.

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), as may be amended from time to time.

Paper products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, and hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR section 18982(a)(51), as may be amended from time to time.

Person means any individual, firms, corporations, associations, partnerships, corporation, business trust, or joint venture.

Premises means any land or building in the City where solid waste is generated or accumulated.

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), as may be amended from time to time.

Process, processed, or processing means the controlled separation, recovery, volume reduction, conversion, or recycling of solid waste and/or other discarded materials including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment.

Prohibited container contaminants means the following: 1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the City's blue container; 2) 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; 3) discarded materials placed in the gray container that would otherwise be acceptable source separated recyclable materials and/or source separated green container organic materials; and, 4) excluded waste placed in any container.

Putrescible waste includes wastes that are capable of being decomposed by micro-organisms with sufficient speed as to cause nuisances because of odors, gases, or other offensive conditions, and includes materials such as, but not limited to, food waste, offal, and dead animals.

Recovered organic waste products means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR section 18982(a)(60), as may be amended from time to time.

Recovery or recovered means any activity or process that prevents recyclable materials or organic waste from being landfilled including, but not limited to, recycling, composting, anaerobic digestion, biomass conversion, soil amendment, land application, and lawful use of animal feed, or any activity or process described in 14 CCR section 18983.1(b), or as otherwise defined in 14 CCR section 18982(a)(49), as may be amended from time to time.

Recyclable means a material which can be processed into a form suitable for reuse through re-processing or re-manufacture consistent with the requirements of the California Integrated Waste Management Act of 1989 (California Public Resources Code section 40000, et seq.).

Recycled-content paper means paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR section 18982(a)(61), as may be amended from time to time.

Refuse means putrescible and non-putrescible wastes, including garbage, trash, rubbish, and mixed waste.

Regional agency means regional agency as defined in Public Resources Code Section 40181, as may be amended from time to time.

Regulated entity means a single-family, multi-family, or commercial owner, occupant, generator, or operator, self-hauler, contractor, commercial edible food generator, food recovery organization, food recovery service, and other person or entity that is subject to the provisions in this Chapter.

Renewable gas means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR section 18982(a)(62), as may be amended from time to time.

Residential means of, from, or pertaining to single-family or multi-family premises used for human shelter, irrespective of whether such dwelling units are rental units or are owner-occupied, excluding hotels, motels, or other similar premises.

Residential premises means premises upon which dwelling units exist including, without limitation, single-family and multi-family premises, apartments, boarding or rooming houses, condominiums, mobile homes, efficiency apartments, and second units. Premises upon which the following uses are occurring shall not be deemed to be residential premises, and rather shall be deemed to be commercial premises: assisted living facilities, convalescent homes, dormitories, extended stay motels, group residential facilities, group care facilities, hostels, hotels, motels, and any other businesses in which residency is transient in nature.

Residual materials means those materials which, after processing, are disposed rather than recycled, composted, processed, or reused due to either the lack of markets for materials or the inability of the processing facility to capture and recover the materials.

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), as may be amended from time to time.

Roll-off box means an open-top metal container or closed compactor box serviced by a roll-off truck and with a container capacity of ten to 50 cubic yards. Roll-off boxes are also known as drop boxes or debris boxes.

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), as may be amended from time to time.

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 it is amended, supplemented, superseded, and replaced from time to time.

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

Self-hauler means a person who hauls solid waste, organic waste or recyclable material they have generated to another person or facility. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR section 18982(a)(66), as may be amended from time to time.

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

Solid waste has the same meaning as defined in Public Resources Code section 40191, as may be amended from time to time, and means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition debris, 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. Solid waste includes recyclable materials, organics materials, green waste, and construction and demolition. Solid waste does not include hazardous waste, radioactive waste, or untreated medical waste.

Solid waste handling service means the service to provide integrated solid waste management including collection, transfer, transport, recycling, processing, diversion and disposal.

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 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, or as otherwise defined in 14 CCR section 17402.5(b)(4), as may be amended from time to time.

Source separated blue container organic waste means source separated non-putrescible organic wastes that can be placed in a blue container that is limited to the collection of organic wastes and non-organic recyclables, or as otherwise defined by 14 CCR section 17402(a)(18.7), as may be amended from time to time.

Source separated green container organic waste means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.

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

State means the State of California.

Supermarket means a full-line, self-service retail store with gross annual sales of $2,000,000.00, 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), as may be amended from time to time.

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), as may be amended from time to time, 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 school, college, university, or local educational facility with an on-site food facility.

If the definition in 14 CCR section 18982(a)(74), as may be amended from time to time, of tier one commercial edible food generator differs from this definition, the definition in 14 CCR section 18982(a)(74) shall apply to this Chapter.

Universal Waste means those hazardous wastes identified as universal wastes in 22 CCR section 66261.9, as may be amended from time to time, including but not limited to: fluorescent bulbs and tubes; household batteries (e.g. D. AA, button-type, etc.); non-empty aerosol cans; electronic devices (e.g. televisions, computer monitors, cell phones, radios, video cassette recorders, etc.); and mercury containing devices (e.g. thermometers, thermostats, gauges, etc.), and generated by a single family or multi-family residence. "Universal Waste" does not include any waste generated in the course of operating a business concern at a residence or business generated waste.

Waste generator means any person whose act or process produces solid waste as or whose act first causes solid waste to become subject to regulation.

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

(Ord. No. 983, § 3, 12-13-2021)

It shall be unlawful for a person owning or occupying any premises in the City to suffer, allow or permit to accumulate and remain upon premises any refuse, recyclable material, organic waste, green waste or other solid waste. It shall be the duty of every owner or occupant of any premises in the City to promptly remove any refuse, recyclable material, organic waste, green waste or solid waste that constitutes or contributes to any public nuisance.

(Ord. No. 983, § 3, 12-13-2021)

It shall be unlawful to dump, place or bury in any public or private lot, alley, street, land or in any water or waterway within the City, the following: refuse, recyclable material, organic waste, green waste or any other solid waste. Illegally placed material shall constitute a nuisance and may be abated by the City in any manner provided by law for the abatement of such nuisances, in addition to any other enforcement mechanisms set forth in this Chapter.

(Ord. No. 983, § 3, 12-13-2021)

It shall be unlawful to place or deposit in any container used for collection of solid waste any of the following: any waste classified as hazardous, universal, electronic, biohazardous, radioactive, any narcotics or controlled substances, hypodermic needles, poisons, liquid or dry caustics, acids, flammable or explosive materials, pesticides, or similar dangerous or hazardous substances.

(Ord. No. 983, § 3, 12-13-2021)

It shall be unlawful to transport or collect hazardous wastes, radioactive wastes, or medical wastes without complying with all applicable laws or regulations. No person shall deposit, dump, spill, place, or otherwise allow to be disposed of, in or on a solid waste facility not designated as a hazardous waste or radioactive waste disposal facility, any waste classified as hazardous waste or radioactive waste pursuant to State, Federal or local law or regulation. No person shall deposit, dump, spill, place, or otherwise allow untreated medical waste to be disposed of in, or on, a solid waste facility.

(Ord. No. 983, § 3, 12-13-2021)

It shall be the responsibility of the owner of any dead animal to dispose of the carcass of such animal in a manner consistent with State and local laws. No persons shall place the body of any dead animal on any public or private lot, alley, street, land or in any water or waterway within the City. Dead animals shall not be placed in a container used to store or collect solid waste.

(Ord. No. 983, § 3, 12-13-2021)

A. It shall be the responsibility of the owner, occupant or operator of any premises on which manure accumulates to store and dispose of manure such that runoff containing pollutants and leaching of nutrients into groundwater or surface waters is eliminated.

B. Manure shall be stored in containers which are approved by the City, or in a designated manure waste storage area. Manure storage, whether in a cart, dumpster bin, roll-off box or designated storage area, shall be stored at least 75 feet from any window or door used for human habitation and at least 40 feet from any adjacent property line. Approved containers are those supplied by the franchisee and include carts, two-yard bins, roll-off boxes, or containers otherwise approved by the City. All such containers shall be equipped with working lids to minimize water accumulating within the container.

C. Manure storage areas shall be constructed in such a manner as to minimize potential runoff. No manure storage structure or container shall be placed within 20 feet of a flood control channel or open storm drain. Storage areas shall be constructed with a three-walled, fire-proof structure on a concrete base with a roof or tarp.

D. Manure shall be removed from stalls, paddocks, arenas, corrals and other livestock keeping areas at least once per week.

E. Manure spreading over arenas, pastures, corrals or other livestock areas as an alternative means of disposal is prohibited and shall be in violation of this Chapter. Manure composting is prohibited without the written approval of the city enforcement official.

Manure runoff which discharges onto adjacent property, onto City streets or right-of-way, horse trails, the beach or wetlands, or into flood control channels is prohibited. Owners, occupants, or operators that allow such to occur, intentionally or negligently, shall be in violation of this Chapter.

(Ord. No. 983, § 3, 12-13-2021)

Cannabis waste may be discarded as green waste or organic waste provided it has been rendered unrecognizable and unusable. No cannabis product may be disposed of in its packaging. Cannabis products intended for disposal must be removed or separated from any packaging or container, and rendered unrecognizable and unusable prior to disposal.

(Ord. No. 983, § 3, 12-13-2021)

Where discarded materials or other salvageable material have been separated for collection or recovery, whether or not in a container, it shall be unlawful for any unauthorized person to take or remove any separated discarded materials or other salvageable material from any curb, street, designated pick-up location, storage area, storage container, solid waste facility, or any other public or private property.

(Ord. No. 983, § 3, 12-13-2021)

It shall be unlawful for a person to burn within the City any refuse, recyclable material, organic waste, green waste or any other solid waste, except as expressly permitted pursuant to Chapter 10.04 of this code and the California Fire Code. It shall be a violation of this Chapter to ignite or otherwise cause, or assist, counsel, procure or maintain any burning in violation of this section.

(Ord. No. 983, § 3, 12-13-2021)

A. It shall be unlawful to convey or transport solid waste and other discarded materials on or along any street or road in the City unless the material is contained and covered to prevent it from leaving the vehicle in which it is being conveyed or transported.

All vehicles and equipment used in the collection and transport of any form of discarded materials shall be kept clean. It shall be unlawful to allow liquid to drain from any vehicle that transports any form of discarded materials on any road, highway, or on any other land in a manner as to create an unsanitary condition.

(Ord. No. 983, § 3, 12-13-2021)

Except as provided by this section, no person shall collect any refuse, green waste, organic waste or recyclable materials from any premises within the City, place a refuse bin, container, or other receptacle for refuse, green waste, organic waste or recyclable materials at any premises within the City, or collect, transfer, or remove refuse, green waste, organic waste or recyclables within the City, unless that person has entered into a franchise agreement with the City. Each person that collects, places a refuse bin, transfers, or removes solid waste solid waste from any premises within the City, without holding a franchise agreement with the City shall constitute a separate offense.

(Ord. No. 983, § 3, 12-13-2021)

A. The prohibitions in Section 11.20.140 shall not apply to a person or a business hired by that person, including, without limitation, landscape contractors, gardeners, roofers, demolition contractors and grading contractors, that hauls its own refuse, green waste, organic waste or recyclable materials generated from that person's residence or commercial facility to a properly licensed landfill, material recovery facility, transfer station, community composting site, or other facility permitted to accept such material using its own personnel and equipment.

B. The prohibitions in Section 11.20.140 shall not apply to any person or entity collecting recyclable material sold or donated to it by the person or entity that generated such recyclable material. This exclusion shall not apply if the generator of the recyclable material is required to pay the franchisee of the recyclable materials any monetary or non-monetary consideration relating in any way, directly or indirectly, to the collection, transportation, transfer, or processing of the recyclable material, or for the lease or use of containers.

The prohibitions in Section 11.20.140 shall not apply to a person or entity managing or operating a community composting site.

(Ord. No. 983, § 3, 12-13-2021)

There shall be no collection of solid waste before 7:00 a.m. or after 6:00 p.m. in any area of the City except as may specifically be authorized by the City on a case by case basis.

(Ord. No. 983, § 3, 12-13-2021)

Residents shall not place containers out at the curb, alley, or right-of-way before 4:00 p.m. on the day prior to scheduled collection. Residents shall remove all containers from the curb, alley, or right-of-way before noon on the day following collection.

(Ord. No. 983, § 3, 12-13-2021)

It shall be unlawful for any person, other than the owner, agent or employee of the owner of a container for holding refuse, green waste, organic waste or recyclable materials, whether or not it conforms to the provisions of this chapter, to place any substance or material therein or tamper or meddle or move such container or its contents.

(Ord. No. 983, § 3, 12-13-2021)

The City's franchisee(s) shall maintain all containers according to the standards and requirements set forth in the applicable franchise agreement and repair or replace all containers that are not in compliance with such standards or requirements. In addition, all containers shall be kept in clean and sanitary condition by the owner or person using the containers, and containers shall be kept tightly covered at all times, except when refuse, green waste, organic waste or recyclable material is being deposited in the container. Contents of containers shall at all times be secure against access by flies, and free from leaks. If the provisions of this section are not fully complied with, the franchisee shall place a tag on the container so stating. Thereafter, the container shall be considered as condemned and unfit for service and in violation of the provisions of this Chapter.

(Ord. No. 983, § 3, 12-13-2021)

All rates and charges for services rendered by any franchisee under this Chapter shall be approved by resolution of the City Council.

(Ord. No. 983, § 3, 12-13-2021)

A. Chargers for solid waste collection services shall be billed and payable as required by the applicable franchise agreement. For billing by a franchisee, City shall have the right to inspect and obtain any and all billing records of franchisee.

If service fees and charges (and any applicable interest or penalties) are not paid as required and remain unpaid for a period of 60 or more days after the date upon which they were billed, the City may collect the fees and charges (plus any allowable interest, penalties, or administrative fees) on the property tax roll for the property as a special assessment pursuant to and in accordance with the requirements of Government Code section 38790.1, as may be amended from time to time.

(Ord. No. 983, § 3, 12-13-2021)

A franchisee shall have the right to suspend service to a commercial customer who fails to pay a valid bill within 90 business days of the invoice date or for a substantial refusal to comply with the requirements of this code related to the collection of discarded materials, after giving the customer a reasonable opportunity to comply. If franchisee exercises its right to suspend service for commercial customer's failure to pay their bill within 90 days, franchisee may remove any container(s) provided by franchisee until customer has paid all overdue amounts.

The franchisee shall not have the right to suspend service to single-family residential customers.

(Ord. No. 983, § 3, 12-13-2021)

All single-family waste generators shall comply with the following requirements except to the extent a single-family waste generator satisfies the self-hauler requirements in 11.20.250.

A. Subscribe for solid waste collection services from franchisee as described in this Chapter within 14 business days after beginning occupancy of any premises in the City.

B. Participate in the franchisee's organic waste collection service by placing designated materials in designated containers. Single-family waste generators shall place source separated green container organic waste in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Residential waste generators shall not place materials designated for the gray container into the green container or in the blue container and shall not otherwise place prohibited container contaminants in any container.

C. Pay for the solid waste collection services of the franchisee.

D. Nothing in this section prohibits a single-family waste generator from preventing or reducing organic waste generation, managing organic waste on site, and/or using a community composting site.

(Ord. No. 983, § 3, 12-13-2021)

Every person owning, occupying or operating a commercial premises in the City, except commercial businesses that meet the self-hauler requirements in 11.20.250, or that have been granted a waiver by the City pursuant to 11.20.260, shall:

A. Subscribe for solid waste collection services from franchisee as described in this Chapter within 14 business days after beginning occupancy of any premises in the City.

B. Participate in the franchisee's organic waste collection service by placing designated materials in designated containers. Commercial waste generators shall place source separated green container organic waste in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Commercial waste generators shall not place materials designated for the gray container into the green container or into the blue container, and shall not otherwise place prohibited container contaminants in any container.

C. Pay for the solid waste collection services of the franchisee.

D. Supply and allow access to an adequate number, size and location of franchisee's containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the franchisee's blue container, green container, and gray container collection service or, if self-hauling, allow access to containers per the commercial businesses' collection practices to support its compliance with its self-haul program, in accordance with 11.20.250.

E. Commercial waste generators that provide customer access to their premises must provide their customers access to containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where internal containers are provided for use by customers to discard materials generated at that business in compliance with the requirements of AB 827. 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. Multi-family premises and full-service restaurants are exempt from this requirement. The containers provided by the commercial waste generator shall have either:

1. A body or lid that conforms with the container colors provided through the collection service provided by the franchisee, with either lids or bodies conforming to the color requirements or both lids and bodies conforming to color requirements; or

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.

F. Prohibit employees and contractors from placing prohibited container contaminants in any container to the extent practical through education, training, inspection, and/or other measures. Multi-family premises are exempt from this requirement.

G. Inspect blue containers, green containers, and gray containers every month for container contamination and inform employees and contractors if contaminated containers are discovered and of the requirements to keep prohibited container contaminants out of those containers. Multi-family premises are exempt from this requirement.

H. Provide information in conformance with materials or information prepared or provided by the City or its franchisee to employees, contractors, tenants, and customers each year about organic waste recovery requirements set forth in this chapter and about proper sorting of source separated green container organic waste and source separated recyclable materials.

I. Provide education information within 14 business days of occupation of the premises by new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at the premises.

J. Provide or arrange access for the City or its agent to enter the premises during all inspections conducted in accordance with section 11.20.300 to confirm compliance with the requirements of this Chapter.

K. Nothing in this section prohibits an owner or occupant of commercial premises or a commercial business from preventing or reducing organic waste generation, managing organic waste on site, and/or using a community composting site.

(Ord. No. 983, § 3, 12-13-2021)

A. Self-haulers shall source separate all recyclable materials and organic waste generated on-site from solid waste in a manner consistent with Section 11.20.230 for single-family waste generators and section 11.20.240 for commercial businesses and multi-family residential dwellings, or shall haul organic waste to a high diversion organic waste processing facility.

B. Self-haulers shall transport and deliver 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, transfer station, materials recovery facility, 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 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 number of loads, and the entities that received the organic waste.

D. Self-haulers that are commercial businesses shall provide information collected in 11.20.250(C) to the City if requested.

The owner or occupant of a residential premises that self-hauls solid waste is not required to record or report information in 11.20.250(C).

(Ord. No. 983, § 3, 12-13-2021)

A. 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 the section below. Commercial businesses requesting a de minimis waiver shall:

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

2. Provide documentation that either:

a. The total solid waste collected from the commercial business is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises fewer than 20 gallons per week per applicable container; or

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

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

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

B. Physical Space Waivers: The City may waive a commercial business' or property owner's obligations to comply with some or all of the recyclable materials and/or organic waste collection service requirements of this Chapter if the City has evidence from its own staff, a franchisee, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the recyclable materials and/or organic waste collection requirements of this Chapter. A commercial business or property owner may request a physical space waiver through the following process:

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

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

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

(Ord. No. 983, § 3, 12-13-2021)

A. Tier one commercial edible food generators must comply with the requirements of this section 3 beginning January 1, 2022, and tier two commercial edible food generators must comply beginning January 1, 2024.

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

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

1. Arrange to recover the maximum amount feasible 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: 1) the collection of edible food for food recovery; or (2) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

3. Preserve edible food for recovery, and 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 related to edible food recovery.

5. Keep records that include the following information , or as otherwise specified in 14 CCR section 18991.4, as may be amended from time to time:

a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement.

b. A copy of all contracts or written agreements.

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.

Nothing in this Section 11.20.270 or Section 11.20.280 shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017. 11.20.280

(Ord. No. 983, § 3, 12-13-2021)

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement, shall maintain the following records:

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

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 shall maintain the following records:

1. The name, address, and contact information for each commercial edible food generator that the organization received Edible Food from.

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 received 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 shall report to the City the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators.

D. Food Recovery Capacity Planning. Food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City shall respond to such request for information within sixty (60) business days, unless a shorter timeframe is otherwise specified by the City.

(Ord. No. 983, § 3, 12-13-2021)

A. Requirements for Franchisees. Franchisees providing solid waste collection services to customers within the City's boundaries shall meet the following requirements and standards as a condition of approval of a franchise agreement, contract, or other authorization with the City:

1. The City reserves the right to designate disposal facilities and material recovery facilities to which the solid waste collected in the City shall be delivered.

2. Franchisee shall transport all solid waste that is collected in the City to a fully permitted transfer station, materials recovery facility, or disposal site that is lawfully permitted to accept and recover applicable materials.

3. Notify the City in writing each year to identify the facilities to which they will transport all solid waste.

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 City request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 business days.

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

(Ord. No. 983, § 3, 12-13-2021)

A. City representatives and/or its designated representative are authorized to conduct inspections and investigations, at random or otherwise, of any collection container (placed out on the curb during collection day), 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, property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws.

B. Regulated entities shall provide or arrange for access to containers and records during all inspections (with the exception of residential property interiors) and shall cooperate with the City's representative or its designated entity 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: 1) access to an entity's premises; or 2) access to records for any inspection or investigation is a violation of this Chapter.

C. Any records obtained by a City during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code section 6250 et seq.

D. Any person may submit to the City a written complaint, which may be anonymous, regarding an entity that may be potentially non-compliant with SB 1383 Regulations.

(Ord. No. 983, § 3, 12-13-2021)

A. The City Manager, or designee, is authorized to establish regulations and to take any and all actions reasonable and necessary to enforce and obtain compliance with this Chapter, including, but not limited to, inspecting any commercial business premises to verify compliance.

B. Violations of this Chapter shall be subject to enforcement through any and all enforcement mechanisms available for violations of the Del Mar Municipal Code including, but not limited to, the administrative citation program set forth in Chapter 1.10 of the Del Mar Municipal Code and the general penalty provisions of Chapter 1.08 of the Municipal Code.

C. Without limiting the generality of subsection (B) above, any person performing any acts forbidden or failing to perform any act required by this Chapter shall be guilty of an infraction, which shall be punishable as set forth in Chapter 1.08 of the Del Mar Municipal Code.

D. Each violation of this Chapter shall be considered a separate offense, and each day on which a violation occurs or continues shall constitute a separate offense.

E. The remedies and penalties provided in this section are cumulative and not exclusive, and nothing in this Chapter shall preclude any person from pursuing any other remedies provided by law. The City may seek legal, injunctive, or other equitable relief to enforce the provisions of this Chapter and any regulations or administrative procedure developed pursuant hereto. Further, nothing in this Chapter shall prevent the City Manager or designee from efforts to obtain voluntary compliance by way of warning, notice of violation, or educational means.

(Ord. No. 983, § 3, 12-13-2021)