Delano Municipal Code Ch. 13.48 Garbage and Rubbish Disposal

Footnotes:

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Editor's note— Ord. No. 2022-1333, § 3(Exh. A), adopted February 22, 2022, amended Chapter 13.48 in its entirety to read as herein set out. Former Chapter 13.48, §§ 13.48.010—13.48.240, pertained to similar subject matter, and derived from Ord. No. 1060, 2001; Ord. No. 1104, 2003; Ord. No. 1136, 2005; Ord. No. 1145, 2006; Ord. No. 1150, 2006; Ord. No. 2008-1173, 2008; Ord. No. 2009-1202, adopted August 17, 2009 and Ord. No. 2013-1266, adopted October 7, 2013.

A. Adequate and proper solid waste management must be instituted and maintained by the city for the protection of the public health, safety and welfare.

B. The city council of the city finds that to give practical effect to this policy, a comprehensive system for the management of solid waste including periodic collection, removal and disposal of refuse/solid waste/recyclables from all places and premises within the city is essential and to accomplish this purpose for the best interest and welfare of all the inhabitants of the city and for the general benefit of the community at large, it is necessary to provide that such services should be paid for directly by the owner and/or occupant of all uses of property in the city, and therefore, all such owners and/or occupants are made liable for the charges set by the city council.

C. Every such owner and/or occupant shall pay such charges whether or not they use refuse/solid waste/recycling services in all cases where such requirement is lawful.

D. Proceeds from rates and charges for refuse service may be used for purposes of sweeping of public streets and alleys.

E. The rates for recycling, organic waste, and green waste services provided by the city or its contractor may be set by a resolution of the city council.

F. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

G. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires jurisdictions to implement a mandatory commercial recycling program.

H. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, 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 organics recycling program.

I. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The 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.

J. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an chapter or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This chapter will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

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

"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 the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on jurisdictions (and others).

"C&D" means construction and demolition debris.

"City" means the City of Delano.

"City enforcement official" means the city manager, or other executive in charge, or their authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.

"City manager" means the city manager and/or their designee.

"Collector" means an agent or employee of the city or any person, firm, corporation, or association or the agents or employees thereof licensed by contract or franchise collect, transport, and dispose of refuse/solid waste/recyclables in the city.

"Commercial business" or "commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.

"Commercial edible food generator" includes a Tier One or a Tier Two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74) and this section. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

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

"Community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

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

"Compostable plastics" or "compostable plastic" means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

"Construction rubbish" means and includes brick, mortar, concrete, asphalt, asphalt/concrete paving materials or other debris incident to the construction or demolition of buildings and/or streets, parking lots or roadways.

"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).

"Contract agent" means, if the city council determines to award a contract to a private entity, an agent or employee of an agent of the city, or any person thereof with whom the city shall have duly contracted, under the terms hereinafter set out in the provisions of this chapter, and under the provisions of the laws of the state, with amendments thereto, to collect or transport through the streets, alleys or public ways of the city, and dispose of and/or recycle green waste garbage and/or recyclables produced within the corporate limits, of the city.

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

"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

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

"Excluded waste" means hazardous substance, 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 III landfills or accepted at the facility by permit conditions, waste that in the city, 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.

"Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

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

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

"Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

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

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

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

"Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"Food scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

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

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

"Garbage" means and includes all refuse accumulations with the exception of anything which meets the definition of recyclable, green waste, household hazardous waste, hazardous waste or construction rubbish set forth herein.

"Gray container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste.

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

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

"Green waste" means cut shrubbery, tree and shrubbery trimmings, dead flowers, grass cuttings and other similar organic material, which may be effectively composted.

"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).

"Green waste collection program" means the program by which the city collects green waste from residential customers of the city's refuse collection services. The collection of green waste shall be by a services schedule and charge, which may be, separate from those for the pickup of garbage and recyclables.

"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).

"Hazardous waste" means anything which has been determined to be a hazardous substance such that it cannot be disposed of in the county's landfill and is required by either county ordinance, state law or federal law to be transported to a specialized disposal facility set aside for hazardous waste. Hazardous wastes include but are not limited to household hazardous wastes.

"Household hazardous wastes" means any waste produced by a household that contains an ingredient listed in the Code of Federal Regulations Chapter 40 part 261.33(e) or 261.33(f) or that exhibits characteristics of ignitability, corrodibility, reactivity (e.g. an oxidizer), toxicity, or infectiousness. Empty containers retaining residues of household hazardous wastes are also considered household hazardous wastes. Household hazardous wastes include, but are not limited to, each of the following: Household cleaners, pesticides, batteries, wood preservatives, automobile polish, furniture polish, fertilizers, automotive products, adhesives and sealants, paints and coatings, photographic chemicals, swimming pool chemicals, used oils.

"Inspection" means a site visit 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 set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

"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 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

"Large venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

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

"Mixed waste organic collection stream" or "mixed waste" means organic waste collected in a container that is required by 14 CCR Section 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).

"Multi-family residential dwelling" 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.

"MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

"Non-compostable paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

"Non-local entity" means the following entities that are not subject to the city's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

1. Prison(s) located within the boundaries of the Delano, including the Kern Valley State Prison and North Kern State Prison.

2. Public universities (including community colleges) located within the boundaries of the city, including the Delano Campus of Bakersfield College.

3. State agencies located within the boundaries of the city.

"Notice of violation" or "NOV" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

"Organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a)(4).

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

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

"Printing and writing papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

"Prohibited container contaminants" is as defined in 14 CCR Section 18982(a)(55), and includes 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 green container; (iii) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in green container and/or blue container; and (iv) excluded waste placed in any container.

"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).

"Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

"Recyclables" means paper products, aluminum cans, tin cans, glass bottles, plastic containers, and other items, which, from time to time, the city council shall add to the list of dry recyclables by resolution of the council.

"Recycled-content paper" means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

"Recycling program" means the program by which the city collects recyclables from residential customers of the refuse collection services. The collection of recyclables shall be by a service schedule and charge, which may be separate from those for the pickup of garbage and green waste.

"Refuse" means all solid waste, including all construction rubbish, recyclables, garbage, green waste, and hazardous wastes.

"Refuse container" means either a container for garbage, a container for green waste or a container for recyclables.

"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).

"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

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

"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

"SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this chapter, the short-lived climate pollutants: Organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

"Self-hauler" means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

"Single-family" means of, from, or pertaining to any residential premises with fewer than five (5) dwelling units.

"Solid waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

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

2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

"Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the chapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste or other solid waste for the purposes of collection and processing.

"Source separated blue container organic waste" means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(26.7).

"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.

"State" means the State of California.

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

"Tier One commercial edible food generator" is as defined in 14 CCR Section 18982(a)(73), and includes the following:

1. Supermarket.

2. Grocery store with a total facility size equal to or greater than ten thousand square feet.

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

"Tier Two commercial edible food generator" is as defined in 14 CCR Section 18982(a)(74), and includes the following:

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

2. Hotel with an on-site food facility and two hundred or more rooms.

3. Health facility with an on-site food facility and one hundred or more beds.

4. Large venue.

5. Large event.

6. A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.

7. A local education agency facility with an on-site food facility.

"Uncontainerized green waste and yard waste collection service" or "uncontainerized service" means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR Section 18952(a)(75).

"Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76).

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

It shall be unlawful for any occupant or owner of any building, lot, real property, or premises in the city to allow or permit to collect or remain upon such lot, building, real property, or premises any refuse, including but not limited to garbage, in such a manner or quantity so that if is a fire hazard, a health hazard or is otherwise unsightly.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

A. It shall be unlawful for any person to dump, or permit to be dumped, any refuse in any place within the city.

B. It shall be unlawful for any person to bury or permit to be buried, any refuse other than green waste in any place within the city. It shall be lawful for a person to bury green waste if the green waste has either been ground up for the purpose of composting or mulching or is of such a type or texture that grinding up or chipping is not necessary in order to compost and/or mulch the green waste back into the soil.

C. Except for permitted burns in those areas zoned for agriculture it shall be unlawful for any person to burn any refuse upon any place within the city at any time. It shall be lawful for a person to burn refuse other than hazardous wastes within property zoned for agriculture pursuant to a permit first obtained from the fire chief and under the conditions imposed by such permits pursuant to any and all applicable laws and regulations.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

A. If any person shall choose to provide for recycling individually rather than participate in the recycling program and/or the green waste collection program provided by the city, nothing shall prevent an individual from removing and carrying such recyclables and/or green waste to a legally designated recycling station, so long as the means of conveyance meets the requirements of this chapter and state law.

B. Self-haulers shall source separate all recyclable materials and organic waste (materials that city otherwise requires generators to separate for collection in the city's organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2.

C. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

D. Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:

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

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

3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

E. Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in Section 6.66.020.C to the city if requested.

F. A residential organic waste generator that self-hauls organic waste is not required to record or report information in Section 13.48.50.D and E.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

The accumulation, collection, removal and disposal of refuse shall be controlled by the city for the protection of the public health, safety and welfare and to contribute towards the diminution of air pollution in the city. The city council finds that to give practical effect, a comprehensive system for the periodic collection, removal and disposal of garbage, the recycling of recyclables, and the collection, removal, disposal and/or composting of green waste, from all residential property in the city and a comprehensive system for the periodic collection, removal and disposal of refuse from all property in the city is essential and benefits all residents of the city, and therefore, all such residents are made liable for the garbage collection charges, the charges for the recycling program, and the charges for the green waste collection program established by the city council for the collection and disposable of garbage, green waste and recyclables, and each resident shall pay at least the minimum rate established for such services by the city council adopted by resolution after public hearing, and modified in like manner from time to time thereafter.

A. Every person or legal entity owning or occupying a developed parcel shall subscribe to the garbage collection service and recycling program service from the city, whether the owner or occupant uses the services or not. "Developed parcel" means any parcel of land used or to be used for a residential, industrial, or commercial purpose.

B. Every person owning or occupying a residence shall subscribe to the recycling program and organic waste collection program from the city whether the owner or occupant of the residence uses the recycling program and/or the green waste collection program or not.

C. It is unlawful for a residential customer to put out refuse for collection by the city or the contract agent and fail to have sorted each of the following listed components from each of the other listed components: Organic waste, garbage, household hazardous wastes, and recyclables.

D. It is unlawful for any person to take or pilfer, for his own use or benefit, the recyclables of any other person after the recyclables have been put out for collection, without the consent of the owner thereof. The customer owns all garbage, organic waste and recyclables until possession thereof is taken by the city or the contract agent, at which time the ownership thereof shall shift to the city or the contract agent.

E. Notwithstanding the foregoing, nothing contained in this section shall be interpreted as requiring anyone to discard into the solid waste stream any given item, including but not limited to recyclables and green waste, so long as the provisions of this chapter are not violated. If any person owning or occupying residential property in the city chooses to transport their own organic waste and/or their own recyclables to a recycling center or to the land fill, then:

1. Their obligation to pay their proportional share of the cost of the city's recycling program and the cost of the green waste collection program shall not, however, be diminished; and

2. That person shall not, in any event, discard into the city's waste stream what would have been recyclables on what would have been organic waste, as if they were nonrecyclable garbage.

F. Single-family organic waste generators, except those that meet the self-hauler requirements, shall comply with the following requirements:

1. Shall subscribe to the city's organic waste collection services for all organic waste generated as described below in Section 13.48.060.F.2. The city shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, single-family generators shall adjust its service level for its collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

2. Shall participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place 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. Generators shall not place materials designated for the gray container into the green container or blue container.

G. Generators that are commercial businesses, including multi-family residential dwellings, shall:

1. Subscribe to the city's three container collection services and comply with requirements of those services as described below, except commercial businesses that meet the self-hauler requirements in this chapter. City shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the city.

2. Except commercial businesses that meet the self-hauler requirements in this chapter 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.

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

4. Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

a. A body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

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

5. Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirements pursuant to 14 CCR Section 18984.9(b).

6. To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program.

7. Excluding multi-family residential dwellings, 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 CCR Section 18984.9(b)(3).

8. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.

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

10. Provide or arrange access for city or its agent to their properties during all inspections conducted in accordance with Section 13.48.240 of this chapter to confirm compliance with the requirements of this chapter.

11. If a commercial business wants to self-haul, meet the self-hauler requirements of this chapter.

12. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

13. Commercial businesses that are Tier One or Tier Two commercial edible food generators shall comply with food recovery requirements as set forth in Chapter 6.66.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

A. For those parts of the city in which alley service is not applicable:

1. Customers shall be responsible for placing garbage containers, at the curb line, in the location determined by the city, on collection days designated by the city.

2. Residential customers shall be responsible for placing the containers at the curb line, at the location determined by the city, on collection days for recyclables designated by the city.

3. Residential customers shall be responsible for placing the green waste container, if it contains green waste at the property line on collection days designated by the city.

B. For those parts of the city in which alley service is applicable:

1. Customers shall be responsible for placing garbage containers at the property line in through alleys, on the side of the alley designated in advance by the city, on collection days designated by the city.

2. Residential customers shall be responsible for placing the containers for recyclables at the property line, at the location designated by the city, in through alleys on collection days designated by the city.

3. Residential customers shall be responsible for placing the green waste containers at the property line in through alleys closest to their property, on collection days designated by the city.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

A. The city shall, determine the frequency of collection as well as the size of container to be used for collections.

B. All curb service customers shall place the refuse at the curb in the appropriate container not later than six a.m. during standard time and five-thirty a.m. during daylight savings time of the collection day, but not before six p.m. of the preceding day.

C. No container for any refuse shall be allowed to remain at the curb after eight p.m. of the collection day.

D. No refuse container or residential rubbish shall be stored in the front yard or side on a street, unless the containers or rubbish is screened from public view. No refuse or refuse container shall be store or placed for collection within a public walkway, roadway or any other traveled way, except that alleys may be used for these purposed where such use does not interfere with the use of the alley by vehicles.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

A. For all residential customers receiving service upon the effective date of the ordinance adopting this section of the code, the city shall provide the following:

1. One sixty-five-gallon container for garbage, of a type which has a lid, a handle on one side and wheels on the bottom on the same side so that it can be rolled easily along smooth pavement;

2. One ninety-gallon container for recyclables of a type which has a lid, a handle on one side and wheels on the bottom on the same side so that it can be rolled easily along smooth pavement;

3. One ninety-gallon container for green waste of a type which has a lid, a handle on one side and wheels on the bottom on the same side so that it can be rolled easily along smooth pavement.

B. If any customer desires an additional container, or if the customer at any time is in need of a replacement for a container originally provided by the city, then the customer will be provided such a container by the city but will have to pay the city for the container provided in an amount to be established by the city.

C. On all developed parcels for commercial and industrial uses, not currently having solid waste collection service, the applicant shall pay to the city the cost of providing any container in an amount to be established by resolution of the city council.

D. The city may require a deposit for any container provided to any person as set forth in this section.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

A. Refuse Program. The collection of refuse from all commercial and industrial developed parcels shall include garbage collection and recycling program service.

B. Collection. Commercial customers shall be responsible for placing or maintaining containers for garbage collection and recycling service containers at the curb line, in the alley adjacent to the premises, or in the location determined by the city, on collection days designated by the city.

C. Encroachment. Placement of containers for purposes of garbage or recycling collection by any person or firm other than the city or the city's recycling contractor shall not be allowed within any city right-of-way or easement.

D. Containers. Refuse containers shall be regulated by the city and the city shall establish the container size and capacity.

E. Frequency of Collection. The collection of refuse shall be made as many times per week as the city may order from all meat, fish, game and vegetable markets, restaurants, boarding houses, hotels, hospitals, and other like businesses.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

A. The monthly charge for the collection and disposal of garbage services shall be the basic rate as established by a resolution of the city council times the equivalency multipliers set forth in this section. In addition thereto, additional rates for street sweeping services may be established by a resolution of the city council and included on billing for refuse.

B. Amendments or changes of any type or nature in the rates or charges herein described may be made upon proper notice and procedures as described in existing state law.

C. Equivalency multiplier for residential collection:

1. Private homes: One;

2. Apartment houses and mobile home parks: 0.83;

3. Motels and hotels: 0.50.

D. Equivalency Multiplier for Commercial Collection.

E. Average annual occupancy shall be computed on a calendar year basis from information furnished by the owner using the following formula:

Units occupied on a semi-monthly basis

In the event owner fails to supply required occupancy information, charge shall be based on one hundred percent occupancy.

F. In addition to any other charges or fees set forth in this chapter, each residential customer shall pay monthly fees for service related to the city's green waste program and a monthly fee for the city's recycling program, which shall be set by resolution of the city council.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

The fees for special collection of nonconforming refuse shall be determined by the city manager and shall include gate fees, labor, equipment, materials, incidentals and administrative costs.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

Fees established by this section shall apply to all nonresidential customers of the city, including, but not limited to, commercial, industrial agricultural and institutional refuse, or representatives of the state, county and city shall be charged as set forth in subsection A of this section.

A. Bin Disposal Fees. A bin disposal fee shall be charged for all nonresidential refuse bins that are collected by the city for disposal at a county waste facility. The bin disposal fee shall be based on the basic fee per ton gate fee charged by the county for nonresidential refuse and shall be calculated using the following formula:

The basic per ton gate fee for nonresidential refuse divided by two thousand pounds, equals the fee per pound. The fee per pound, multiplied by the average weight in pounds of a cubic yard of municipal solid waste found in bins, equals the bin disposal fee per cubic yard. The bin disposal fee per cubic yard multiplied by the capacity of a bin equals the total bin disposal fee per time the bin is collected by the city.

Two or more containers: Number of containers x number of month pickups x gate fee = monthly gate fee.

B. The city shall calculate the amount owed by each nonresidential customer for the bin disposal fee for the city's current billing period and shall include that bin disposal fee, in a separate line or column, on the invoice or statement sent to each nonresidential customer for that billing period. Charges shall be due and payable on the first day of the month after service rendered and shall be delinquent after the fifteenth day of the month thereafter. A ten percent penalty shall be added to each delinquency.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

Refuse collection charges shall be included on the regular city water bill to persons who also have city water service. Where the refuse customer does not have city water service, a separate bill for refuse shall be mailed monthly in advance to the person who owns or controls the premises served.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

The rates or charges which are imposed pursuant to the provisions of this chapter shall constitute a debt due to the city or city agent for which the owner, occupant or operator of the property shall be jointly and severally liable. No person shall willfully fail, neglect or refuse, after demand for payment, to pay the applicable rates or charges.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

All bills for refuse collection service charges on the water bills shall be due and payable at the same time as the water bill. If a bill for refuse collection service is not paid within the time provided for, the city may discontinue service to the premises served.

All bills for refuse collection service charges, which bills are not a part of the city water bill, shall become delinquent fifteen days after presentation. If a bill for refuse collection service is not paid within such time, the city may discontinue service for nonpayment of the bill, in which case service shall not be restored until the bill is paid in full and a cash deposit for six months service is made for the payment of future bills.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

A. The city manager or his/her designee shall enforce the provisions of this chapter, and shall have the power to establish rules and regulations consistent within the provisions of this chapter governing the keeping, collection, removal and disposal of refuse.

1. The city manager or his/her designee shall have the right to enter any and all premises for the purpose of determining the sanitary condition thereof, and any person denying or obstruction such entry shall be subject to the general penalty provided for in this Code.

2. The city manager or his/her designee including but not limited to the city's code enforcement officer, shall have the authority to enforce the provisions of this article and to arrest any person without a warrant for a violation of this article when committed in his presence, and to issue a notice to appear pursuant to Penal Code Section 836.5. This authority shall be in addition to the authority granted to police officers under this Code.

3. It shall be unlawful for any person in any manner to interfere with the collection or disposal of refuse, garbage, recyclables or green waste by any person authorized by license or contract, to collect and dispose of the same.

B. No person shall deposit refuse in the container of another person, or set out for collection at another person's service location, except as may be established by the city where the city has knowledge of construction, demolition or other temporary obstacles which prevent the use of or access to permanent service locations.

C. No customer shall permit or consent to another person depositing refuse in his container or setting out solid waste for collection at his place or premises: Except that this provisions shall not apply where the city has established a temporary service location because the city has knowledge of construction demolition or other temporary obstacles which prevent the use of or access to permanent service locations.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

A. The collection, removal and disposal of all refuse shall be performed exclusively by the city or by the contract agent or agents; provided, that the following persons shall be exempt from the provisions of this section:

1. Any employee of the city who acts within the scope of his employment;

2. A person engaged in the business of gardening or landscaping, when removing and disposing of garden trimmings incident to the business;

3. Any person licensed by the city to remove and dispose of specific refuse.

B. 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 subsection B.2 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 B.2 below.

2. Provide documentation that either:

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

3. Notify the 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 5 years, if city has approved de minimis waiver.

C. Physical Space Waivers. The city may waive a commercial business' or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements. A commercial business or property owner may request a physical space waiver through the following process:

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.

3. 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.

D. Collection Frequency Waiver: The city, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the three container organic waste collection service to arrange for the collection of their blue container, gray container, or both once every fourteen days, rather than once per week. Review and approval of waivers by city: The city enforcement official shall be responsible for the issuance of waivers. Although private entities may not issue waivers, the city enforcement official may designate another employee of the jurisdiction to exercise waiver-granting authority.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

The city council may select and enter into a contract with a qualified person(s) or corporation(s) engaged in the business of removing and disposing of refuse, and the person(s) or corporation(s) selected shall be known as the city contract agent(s) pursuant to this chapter. Until a city contract agent is selected and a contract is executed, city shall collect and dispose of refuse.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

A. Senior Citizens' Discount. Individuals sixty years of age or older, who own and reside in their own home, shall be eligible for a fifteen percent discount on their regular monthly service fee for that property.

The following steps must be completed and an application approved by the city in order to obtain the fifteen percent discount:

1. Complete senior citizens' discount card application and sign it;

2. Return application to City Hall (1015 11th Avenue);

3. Show some type of identification to prove their age to utility billing when turning in application;

4. Provide property taxes or deed of trust, to prove that applicant is the home owner.

The discount will go into effect on the next monthly billing after approval of the application. In order to continue to receive the senior discount, individuals will be required to submit on an annual basis by July 1st an updated application to the utility billing department. The ability of funding the senior discount is dependent on the availability of Measure I funds.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

It shall be unlawful for any person to engage in the business of owning, operating or maintaining a waste hauling operation, organic waste processing facility, recycling station within the city unless such person complies with the provisions of this section and other applicable laws and regulations of the city and the state:

A. Once each quarter, on a day to be designated by the city, every recycling station located within the city shall report to the city manager or his designee, the volume, in tons, of each of the following categories of materials, which have been received by the recycling station since the last report, from any source within the city:

1. Metal (including but not necessarily limited to aluminum cans, other cans and scrap metals);

2. Glass (including both colored glass and clear glass);

3. Paper products.

B. At the same time as the monthly report as to the recyclables collected by the recycling station from properties within the city limits, all recycling stations within the city limits shall also report the amount, in tons, of the recyclables which, since the last such report to the city, the recycling station has sent out of the city, with each of the following intended as the destination:

1. Any landfill;

2. Any secondary recycling location (such as, for recycled metal, a metal fabricator, or for recycled paper products, a paper mill); and

3. Other locations, including but not limited to any facility which had the intention of burning the recyclables.

C. Haulers permitted to operate by the city shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:

1. Through written notice to the city annually on or before April 1st, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, and source separated green container organic waste.

2. Transport source separated recyclable materials, and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

3. Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, and Delano's Municipal Code pertaining to construction and demolition debris (Chapter 13.52).

D. Haulers permitted to operate by the city that collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its agreement entered into with the city.

E. 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 days.

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

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

It shall be unlawful for any person to engage in the business of owning, operating or maintaining any commercial facility which has as a purpose engaging in any business which collects construction rubbish within the city unless such person complies with the provisions of this section and other applicable laws and regulations of the city and state:

A. Once each quarter, on a day to be designated by the city, each such business which is located within the city shall report to the city manager or his designee, the volume, in tons, of the construction rubbish which the business has collected within the city limits and which it has been disposed of in each of the following manners:

1. Deposited in any landfill;

2. Buried in any location other than a landfill, or incinerated;

3. Deposited at any location which has the intention of recycling the construction rubbish, including but not limited to any concrete plant, any asphalt plant and any location which intends to reuse directly any of the materials within the construction rubbish.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

It shall be unlawful for any person to engage in the business of owning, operating or maintaining any commercial facility which has as a purpose engaging in any business which collects household hazardous wastes within the city of unless such person complies with the provisions of this section and other applicable laws and regulations of the city and state:

A. Once each quarter, on a day to be designated by the city, each such business which is located within the city shall report to the city manager or his designee, the volume, in tons, of the household hazardous waste which the business has collected within the city limits and which it has then disposed of in each of the following manner:

1. Deposited at any landfill;

2. Buried in any location other than a landfill, or incinerated;

3. Deposited at any location which has the intention of recycling the household hazardous waste, including but not limited to any recycling of motor oil as well as the recycling of any insecticides and the recycling of any insecticides of other agricultural chemicals.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

A. The city representatives and/or its designated entity, including designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal 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 dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city to enter the interior of a private residential property for inspection.

B. Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

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

D. The city's representatives, its designated entity, 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. The city shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. These complaints can be phoned in to the city enforcement official or submitted through physical or electronic mail.

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)

A. Violation of any provision of this chapter and the following solid waste provisions of the Delano Municipal code: (Chapter 6.65, Chapter 13.48 or 13.52) constitute grounds for issuance of a notice of violation and assessment of a fine by the city enforcement official or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The city's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.

B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.

C. Enforcement pursuant to this chapter may be undertaken by the city enforcement official, which may be the city manager or their designated entity, legal counsel, or combination thereof.

1. Enforcement may also be undertaken by a regional or county agency enforcement official, if so designated by the city, in consultation with city enforcement official.

2. City enforcement official(s) will interpret chapter; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.

3. City enforcement official(s) may issue notices of violation(s).

4. City enforcement officials or regional or county enforcement officials and/or their designee will monitor compliance with the chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 13.48.240 establishes city's right to conduct Inspections and investigations.

5. City may issue an official notification to notify regulated entities of its obligations under the chapter.

6. For incidences of prohibited container contaminants found in containers, city will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within seven days after determining that a violation has occurred. If the city observes prohibited container contaminants in a generator's containers on more than two consecutive occasions, the city may assess contamination fees on the generator consistent with the "penalty amounts for types of violations" in subsection D.

7. With the exception of violations of generator contamination of container contents addressed under Subsection C.6, city shall issue a notice of violation requiring compliance within sixty days of issuance of the notice.

8. Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the requirements contained in Table 1, List of Violations. Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.

D. Penalty Amounts for Types of Violations.

1. The penalty levels are as follows:

a. For a first violation, the amount of the base penalty shall be one hundred dollars per violation.

b. For a second violation, the amount of the base penalty shall be two hundred dollars per violation.

c. For a third or subsequent violation, the amount of the base penalty shall be five hundred dollars per violation.

F. Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

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

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

3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

G. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with city's procedures in the city's codes for appeals of administrative citations. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order.

H. Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, city will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if city determines that organic waste generator, self-hauler, hauler, Tier One commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

I. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the city determines that an organic waste generator, self-hauler, hauler, Tier One or Tier Two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to Section 13.48.250, as needed.

Table 1. List of Violations

(Ord. No. 2022-1333, § 3(Exh. A), 2-22-2022)