Del Norte County Municipal Code § 7.18 Organic Waste Disposal Reduction

• 7.18.30 Requirements For Commercial Edible Food Generators

• 7.18.40 Requirements For Food Recovery Organizations And Services

This chapter may be cited as the "Organic Waste Disposal Reduction Ordinance."

(Ord. 2022-004 § 1, 2022)

1. The Definitions in 14 CCR 18982 shall apply to this ordinance and are hereby incorporated by reference.

2. For the purposes of this Chapter only, "County" means the County of Del Norte or the County's designee pursuant to 14 CCR 18981.2.

(Ord. 2022-004 § 2, 2022)

• 7.18.30 Requirements For Commercial Edible Food Generators

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

  2. 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.

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

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

     2. Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

     3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

     4. Allow County to access the premises and review records pursuant to 14 CCR Section 18991.4.

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

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

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

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

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

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

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

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

  4. No later than March 1st of each year commencing no later than March 1, 2023 for Tier One Commercial Edible Food Generators and March 1, 2025 for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to County that includes all information listed in this section.

5. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section

49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. 2022-004 § 3, 2022)

• 7.18.40 Requirements For Food Recovery Organizations And Services

  1. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(l):

     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.

  2. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

     1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

     2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

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

  3. Food Recovery Organizations and Food Recovery Services that contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the County the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 1.

(Ord. 2022-004 § 4, 2022)

In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, Food Recovery Services and Food Recovery Organizations operating in the unincorporated County shall provide information and consultation to the County, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the County and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the County shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the County.

(Ord. 2022-004 § 5, 2022)

1. County shall conduct any inspections or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.

2. County shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 Regulations.

3. Regulated entities shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the County's personnel 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 ordinance 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 ordinance and may result in penalties described.

(Ord. 2022-004 § 6, 2022)

Beginning January 1, 2022 and through December 31, 2023, County will conduct inspections, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the County determines that Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall arrange for educational materials to be provided from the County to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

1. Any violation of this Chapter shall be subject to administrative citation pursuant to Section 10 of Chapter 60 of Title 1 of this Code, entitled "The Del Norte County Administrative Citation Ordinance," except that:

   1. A Notice of Violation shall be issued prior to the imposition of any fine;

   2. The Notice of Violation shall require compliance within 60 days;

   3. The 60 day compliance deadline may be extended by the Enforcement Official if they find that extenuating circumstances beyond the control of the respondent make compliance with the deadlines impracticable. Extenuating circumstances are:

      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; and 3. Deficiencies in organic waste recycling capacity infrastructure or edible food recovery capacity, and the County is under a Corrective Action Plan pursuant to Section 18996.2 due to those deficiencies.

2. The following is a non-exhaustive list of possible violations for entities subject to this ordinance:

(Ord. 2022-004 § 7, 2022)