Diamond Bar Municipal Code Div. 5 Solid Waste Activities and Exclusions

It shall be the duty of every person having charge and control of any residential or commercial premises to set out or place containers for the collection of solid waste, as follows:

(a) Containers shall be placed at the curb in front of residential premises, or the alley in the rear of residential premises, except where alleys having access to public highways at each end exist. Collections shall be made from such alleys provided that this provision shall not apply to a blind alley or alley the width of which will not accommodate the vehicle used for collection.

(b) No person shall place, or cause to be placed any container from a commercial premises on any public street, alley or thoroughfare or in any public place without first obtaining an encroachment permit from the city's public works department for each day the container is placed there. Any container placed on the public street, alley, or thoroughfare shall be properly barricaded against traffic, and all debris resulting from the location and use of the container shall be removed at the end of the day in which it was placed in the public street, alley or thoroughfare.

(c) No person shall place any container of solid waste to be collected by the collector, in any public highway or in any place or in any manner other than hereinabove provided, or at any time other than the days established by the city for the collection of such solid waste on the particular route involved, earlier than sunset of the day preceding the day designated for collection, and all containers shall be removed from the place of collection prior to 10:00 p.m. on the day the containers have been emptied.

(d) Should any container not be emptied and the contents removed on the date and time scheduled by the collector, customer should immediately notify the collector or the city, and it shall be the duty of the collector to arrange for the collection and disposal of the solid waste.

(e) Occasional loads of solid waste not susceptible to placement in a container may be placed for collection at the same place and time as the container if securely tied in sturdy bags or bundles not heavier than 70 pounds, not more than four feet in length, nor more than 18 inches in diameter. Wooden boxes, crates, or cardboard boxes must be broken down and stacked neatly at the customer's collection point. No cardboard box, paper bag or oil drum may be used as a container for solid waste.

(f) Solid waste not susceptible to placement in a container may, in the discretion of the collector, be scheduled for special collection upon the application of the customer of the premises. Special collection charges may be assessed by the collector for this service with prior approval of above-mentioned customer of the premises and subject to any requirements set forth in a franchise agreement.

(g) Except when placed out for collection purposes, containers shall be kept and maintained only in storage locations permitted by title 22 of this Code, as may be amended from time to time, or as specified by use permit or other entitlement for use. In addition, container lids shall be kept closed at all times to avoid the propagation of flies or other vectors and to control odors and the potential for wind-blown litter.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

It shall be unlawful for any customer or person to do the following:

(a) For any customer or person owning, managing or having the control of any premises or vacant lot within the city to permit an accumulation of solid waste to become or remain offensive, unsightly or unsafe to the public health or safety or hazardous from fire.

(b) To deposit, keep or accumulate, or permit or cause any solid waste to be deposited, kept or accumulated, upon any property, lot or parcel of land, or any public or private place in the city except as provided in this chapter.

(c) To permit solid waste to accumulate, or to blow about in a manner that creates an unsightly appearance, or a health hazard, or to fail to immediately clean up, or arrange for the immediate cleanup, of any waste released, spilled or dumped into the environment during removal or transport within the city by such person.

(d) To dispose his or her solid waste into containers at locations other than those that are located upon property which they own or occupy or where they work.

(e) To engage in the following activities unless the individual is the property owner or occupant, person in charge of the day-to-day activities of the place or premises or agents of the collector authorized to collect from that premises:

(1) Remove or move any container from the location where the container was placed for storage or collection;

(2) Remove any solid waste or recyclable material from any container;

(3) Apply any paint or markings (commonly known as "graffiti" or "tagging") to any container without the prior written approval of the owner of the container.

(f) To place bulky items adjacent to a street or public right-of-way without first having made arrangements with the city, a collector, or other person for the prompt pickup of the bulky items.

(g) To burn solid waste within the city, except in an approved incinerator or transformation facility or other device for which a permit was issued and which complies with all applicable permit and other regulations of air pollution control authorities and provided any such act of burning in all respects complies with all other laws, rules and regulations.

(h) To bury or dump any solid waste within the city.

(i) To set out or cause to be set out for regular solid waste collection by a collector:

(1) Any solid waste not generated on the premises; or

(2) Any electronic waste, hazardous waste, or any other form of waste that does not meet the definition of solid waste, provided that electronic waste may be collected as a bulky item if provided for in a franchise agreement.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) Notwithstanding any other provision of this chapter, residents are encouraged to compost green wastes, including grass clippings, leaves, plant trimmings, wood ashes and vegetable kitchen scraps or manure (but not including other household garbage or animal waste). The following composting conditions must be met:

(1) Compost piles or bins shall not be visible from the street or neighboring properties;

(2) The compost piles or bins shall not be located next to a stream or drainage course;

(3) Compost piles and bins are maintained so that they do not generate an offensive odor or harbor rodents;

(4) The compost is enclosed, screened or otherwise maintained to minimize insects and pests; and

(5) The pile or container shall not permit surface run-off or leachate to other property or to drainage courses, waterways or streams.

(b) No composting shall be permitted at any location that is determined to be a fire hazard by the Los Angeles County Fire Department or any location that is determined by any other regulatory body to be a threat to the public health, safety or welfare or if such activity violates any applicable local, state or federal law.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) In lieu of utilizing the services of the franchisee, customers at residential or commercial premises may choose instead to self-haul regular and routine solid waste generated or accumulated on premises of which they are in charge after first obtaining a self-haul permit from the city pursuant to this chapter. The public works director is authorized to promulgate administrative policies and procedures for issuing such permits, provided that self-haulers must comply with section 8.16.600 below. This section does not apply to construction/demolition waste.

(b) Self-haulers must deposit solid waste only at a properly licensed waste disposal facilities including without limitation a landfill, recycling center, recyclable material purchasing center, compostable materials handling facility, transfer station, green material composting facility or other facility permitted to accept such material. Each self-hauler must report to the city, at a frequency and in a manner determined by the public works director, the type, quantity, volume, weight and destination of solid waste collected in the city and transported from the city, and present gate tickets or receipts to substantiate its disposal reports. Failure to submit required reports to the city is a basis for revocation of a "self-hauler" permit. Self-haulers must haul waste from the property at a frequency comparable to the service provided by the collector. Failure to do so is a basis for revocation of a "self-haul" permit.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) A franchise or limited collection permit shall not be required for the occasional removal of green waste as a result of significant tree trimming, gardening or landscaping activities generating waste beyond that which can be placed in a container, provided that self-haulers shall comply with section 8.16.600 below.

(b) City contractors conducting landscaping and tree trimming activities shall comply with section 8.16.600 below.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

Self-haulers that collect and transport materials pursuant to sections 8.16.580 and 8.16.590 shall:

(a) Source separate all recyclable materials and organic waste (materials that city otherwise requires generators to separate for collection in the city's organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

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

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

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

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

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

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

No provisions of this chapter shall prevent a recycling business from contracting to collect source-separated recyclables that are donated or sold to that recycling business by a customer. "Source-separated recyclables" within the meaning of this subsection means recyclables that have been separated from solid waste for the purpose of sale or donation, that have not been mixed with or contain more than incidental or minimal solid waste, and that do not have a negative market value inclusive of collection, transportation, and disposition costs. This exclusion does not apply if the material collected is hauled for a net fee.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) De minimis waivers. Residential development with minimal individual open space and greenspace such as town homes with common-area open space predominantly serviced by gardeners and landscapers subject to section 8.16.600 of this chapter are exempt from the organic waste requirements of this chapter. Furthermore, 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 this section. 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 subdivision (b) 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 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 the commercial business' organic waste exceeds the threshold required for waiver, in which case the waiver will be rescinded.

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

(b) Physical space waivers. 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 lack adequate space for blue containers and/or green containers including documentation from the hauler, licensed architect, or licensed engineer.

(3) Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has approved application for a physical space waiver.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

Single-family organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in sections 8.16.580 and 8.16.600:

(a) Single-family organic waste generators shall subscribe to the city's organic waste collection services for all organic waste generated as described in subdivision (b) of this section. 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 their service level for their collection services as directed 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).

(b) Single-family waste generators shall participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described in in subdivision (c) of this section and shall not place prohibited container contaminants in collection containers.

(c) Single-family organic waste generators 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.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) Generators that are commercial businesses, including multi-family residential dwellings, shall subscribe to the city's collection services and comply with requirements of those services as described in this section.

(b) Generators that are commercial businesses shall place solid waste on containers depending on the collection services subscribed to as follows:

(1) Two container services. Commercial Businesses subscribing to two container collection services shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials and solid waste in the gray container.

(2) Three container services. Commercial businesses subscribing to three container collection services 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) Additional two-plus or three-plus services. If additional segregation of food waste is necessary to be source separated from the green container, commercial businesses may be required to place food waste in a brown container, regardless of whether they have initially subscribed to two-container or three-container services.

(c) The 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.

(d) Generators shall 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 the city's blue container, green container, gray container and brown container (if required) collection service.

(e) Excluding multi-family residential dwellings, generators shall 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:

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

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

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

(g) To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, commercial businesses shall 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.

(h) Excluding multi-family residential dwellings, commercial businesses shall 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).

(i) Commercial businesses shall 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.

(j) Commercial businesses shall provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.

(k) Commercial businesses shall provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with section 8.16.710 of this chapter to confirm compliance with the requirements of this section.

(l) Commercial businesses shall accommodate and cooperate with the city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with subdivision (b). The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.

(m) At commercial business's option and subject to any approval required from the city, commercial businesses shall implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and gray containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the blue containers, green containers, and gray containers subject to written notification to or approval by the city or its designee.

(n) If a commercial business wants to self-haul, the commercial business must comply with the self-hauler requirements in section 8.16.600 of this chapter.

(o) 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).

(p) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to section 8.16.670 of this chapter.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

Collectors providing residential, commercial, or industrial organic waste collection services to generators within the city's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:

(a) Through written notice to the city annually on or before January 31 st , identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, and source separated green container organic waste.

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

(c) Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting construction/demolition waste in a manner that complies with 14 CCR Section 18989.1, section 8.16.690 of this chapter, and division 6 of this chapter (construction and demolition waste).

(d) Comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, or license issued by the city.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) 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 days.

(b) 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 days.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

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

(c) Commercial edible food generators shall comply with the following requirements:

(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.

(2) Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

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

(4) Allow city's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

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

a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

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

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

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 self-hauled to a food recovery service or food recovery organization for food recovery.

(d) Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (which added Article 13 [commencing with Section 49580] to the Education Code, Title 2, Division 4, Chapter 9, Part 27, and amended Health and Safety Code § 114079, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

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

(2) The quantity in pounds of edible food collected from each commercial edible food generator per month.

(3) The quantity in pounds of edible food transported to each food recovery organization per month.

(4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

(b) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

(1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

(2) The quantity in pounds of edible food received from each commercial edible food generator per month.

(3) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

(c) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than January 31 st .

(d) Food recovery capacity planning. In order to support edible food recovery capacity planning assessments or other studies conducted by the city, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) Persons applying for a permit from the city for new construction and building additions and alternations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen and incorporated as part of the city's building code pursuant to section 15.00.3240 of this Code, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent than the requirements of this section, the CALGreen requirements shall apply. Project applicants shall refer to the city's building code, chapter 15.00 of this Code, for complete CALGreen requirements.

(b) For projects covered by CALGreen, the applicants must, as a condition of the city's permit approval, comply with the following:

(1) Where five or more multi-family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the city, or comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen as amended, provided that amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(2) New commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the city, or shall comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen, as amended, provided that amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(3) Comply with CALGreen requirements and applicable law related to management of construction/demolition waste, including diversion of organic waste in construction/demolition waste from disposal. Comply with the city's construction/demolition waste regulations, division 6 of this chapter, and all written and published policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of construction/demolition waste.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new (single-family, multi-family, public, institutional, or commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with sections 2.5(H)(2)(b), (c), (d), and (g) of the landscape water efficiency guidelines established pursuant to chapter 8.14 of this Code (incorporating 23 CCR Sections 492.6(a)(3)(B) (C), (D), and (G)), including sections related to the use of compost and mulch as delineated in this section.

(b) The following compost and mulch use requirements that are part of chapters 8.14 and 22.26 of this Code are now also included as requirements of this chapter. Other requirements of chapters 8.14 and 22.26 are in effect.

(c) Property owners or their building or landscape designers that meet the threshold for landscape water efficiency compliance outlined in subdivision (a) above shall:

(1) Comply with sections 2.5 of the landscape water efficiency guidelines established pursuant to sections 8.14.020, 8.14.040, 22.26.030, 22.26.040 and 22.26.050 of this Code, which require the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:

a. For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.

b. For landscape installations, a minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

c. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

(2) The landscape water efficiency compliance items listed in this section are not an inclusive list of chapters 8.14 and 22.26 requirements; therefore, property owners or their building or landscape designers that meet the threshold for landscape water efficiency compliance outlined in subdivision (a) shall consult chapters 8.14 and 22.26 and the full landscape water efficiency guidelines for all requirements.

(d) If, after the adoption of the ordinance enacting this section, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) in a manner that requires the city to incorporate the requirements of an updated model water efficiency landscape ordinance in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) City representatives, contractors and/or its designated entity 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. For the purposes of inspecting commercial business containers for compliance with subsection 8.16.640(b) of this chapter, city may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to subsection 8.16.640(l) of this chapter.

(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. 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.

(c) Any records obtained by the city during its inspections, remote monitoring, 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) City representatives, its designated entity, and/or designee are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

(e) 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.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)