Duarte Municipal Code Ch. 6.09 Collection of Recyclable Materials

All recyclable waste material generated within the city shall remain the property of the individual generator of such material until it is picked up by the authorized contractor(s). Such contractor(s) shall collect recyclable waste material generated within the city and deliver it to a recycling facility for reprocessing in a manner approved by the city council. For that purpose, the contractor(s) shall keep the city council informed of the recycling facilities which the contractor(s) propose(s) to use. The contractor(s) shall not deliver any recyclable materials, other than yard waste, to a landfill facility, dump, trash barge, or any energy conversion or other transformation facility.

(Ord. 684 (part), 1991: Ord. 640 § 5 (part), 1988)

No person, other than an authorized recycling contractor, shall remove recyclable waste material which has been placed at a designated recycling collection location. Any and each such collection in violation hereof from one or more designated recycling collection locations during said twenty-four-hour period shall constitute a separate and distinct offense punishable as provided in this code.

(Ord. 640 § 5 (part), 1988)

Nothing in this chapter shall limit the right of an individual person, organization, or other entity to donate, sell, or otherwise dispose of recyclable waste material; provided, that any such disposal is in accordance with the provisions of this chapter.

(Ord. 640 § 5 (part), 1988)

The city manager shall have the authority to enforce the provisions of this chapter. This authority shall be in addition to the authority granted to police officers pursuant to this code.

(Ord. 640 § 5 (part), 1988)

Nothing in this chapter shall be deemed to limit the right of an authorized recycling contractor to bring a civil action against any person who violates this section of this chapter, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized recycling contractor.

(Ord. 640 § 5 (part), 1988)

Any recycling company or waste hauler removing recyclable materials from the waste stream shall report such diversion to the city, and indicate the type and amount of material diverted on a form approved by the city within thirty days after the end of each calendar quarter.

(Ord. 723 § 1, 1996)

(a) "BUSINESS" DEFINED. For purposes of this section, "business" means a commercial or public entity including, but not limited to, a firm, partnership, proprietorship. joint-stock company, corporation, or association that is organized as a for-profit or nonprofit entity, strip mall, school, school district, special district, federal, state, local, regional agency or facility. "Business" also includes a multi-family residential dwelling or mobile home park of five or more units.

(b) OBLIGATION TO COMPLY WITH STATE MANDATED COMMERCIAL RECYCLING. On or before September 1, 2021, any business generating four or more cubic yards of solid waste per week shall reuse, recycle, compost, or otherwise divert its commercial solid waste from disposal by taking one, or any combination of the following actions:

(1) Source separate recyclable materials from the solid waste being discarded and subscribe with the city's franchise hauler for the pick-up of the recyclable materials separately from other solid waste to divert the recyclable materials from disposal.

(2) Source separate recyclable materials from the solid waste being discarded and self-haul them to a certified materials recovery facility (MRF) or other mixed waste processing facility for diversion from disposal.

(3) Each business subject to this section that does not subscribe with city's franchise hauler for pick-up of its recyclable materials shall be responsible for ensuring and demonstrating its compliance with the requirements of this section to the city manager or his/her designee with satisfactory proof of acceptable levels of waste diversion on a quarterly basis (March, June, September and December).

(c) OBLIGATIONS OF TENANTS. To comply with Subsection 6.09.070.B., property owners of multifamily complexes may require their tenants to source separate their recyclable materials which they dispose of. When the separated recycling services are provided to the multi-family complex and the tenants are notified of the program, tenants shall source separate their recyclable materials, and comply with such other reasonable requirements of their landlord so as to enable property owners of multi-family complexes to comply with the provisions of this section.

(d) OBLIGATIONS OF FRANCHISE HAULER. The city's franchise hauler shall implement a commercial solid waste recycling program that includes education, outreach and monitoring of businesses, and that is designed to divert recyclable materials that would otherwise be commingled with commercial solid waste generated by businesses as required by state law.

(e) OWNERSHIP OF RECYCLABLE MATERIALS PRIOR TO DISPOSAL. Nothing in this section is intended to prevent or limit the existing right of any business to donate, sell or otherwise dispose of its recyclable materials as provided by applicable law, including §41952 of the Public Resources Code.

(Ord. No. 903, § 1, 7-27-2021)

(a) "BUSINESS" DEFINED. For purposes of this section, "business" means a commercial or public entity including, but not limited to, a firm, partnership, proprietorship. joint-stock company, corporation, or association that is organized as a for-profit or nonprofit entity, strip mall, school, school district, special district, federal, state, local, regional agency or facility. "Business" also includes a multi-family residential dwelling or mobile home park of five or more units.

(b) "ORGANIC WASTE" DEFINED. For purposes of this section, "organic waste" means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.

(c) OBLIGATION TO COMPLY WITH STATE MANDATED COMMERCIAL ORGANICS RECYCLING. On or before September 1, 2021, any business generating two or more cubic yards of solid waste per week shall recycle, compost, or otherwise divert its organic waste from disposal by taking one, or any combination, of the following actions:

(1) Source separate organic waste from the solid waste being discarded and subscribe with the city's franchise hauler for the pick-up of the organic waste separately from other solid waste to divert the organic waste from disposal.

(2) Source separate organic waste from the solid waste being discarded and self-haul it to a certified organic waste processing facility for diversion from disposal.

(3) Each business subject to this section that does not subscribe with city's franchise hauler for pick-up of its organic waste shall be responsible for ensuring and demonstrating its compliance with the requirements of this section to the city manager or his/her designee with satisfactory proof of acceptable levels of waste diversion on a quarterly basis (March, June, September and December).

(d) OBLIGATIONS OF LANDSCAPE CONTRACTORS. The Property owner of a multifamily complex may comply with the provisions of Subsection 6.09.080.B. related to green waste by requiring third party contract landscapers to recycle green waste materials and provide reasonable proof that the materials are being properly recycled and diverted from disposal.

(e) OBLIGATIONS OF FRANCHISE HAULER. The city's franchise hauler shall implement a commercial organics recycling program that includes education, outreach and monitoring of businesses, and that is designed to divert organic waste that would otherwise be commingled with commercial solid waste generated by businesses as required by state law.

(f) OWNERSHIP OF ORGANIC WASTE PRIOR TO DISPOSAL. Nothing in this section is intended to prevent or limit the existing right of any business to donate, sell or otherwise dispose of its organic waste as provided by applicable law, including §41952 of the Public Resources Code.

(Ord. No. 903, § 2, 7-27-2021)

For purposes of this chapter, exclusive of Sections 6.09.070 and 6.09.080 in this code, the following definitions apply whether capitalized or not:

(a) "Commercial business" 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 with five or more units.

(b) "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.

(c) "C&D" means construction and demolition debris.

(d) "Contaminants" means discarded materials placed in a container that are not identified as being permitted or are considered to be excluded waste.

(e) "Edible food" means food intended for human consumption. Nothing in this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code, as may be amended.

(f) "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 upon collection, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance.

(g) "Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.

(h) "Food facility" means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level.

(i) "Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed.

(j) "Food recovery organization" means an entity that engages in the collection or receipt of edible food and distributes that edible food to the public either directly or through other entities for the purposes of reducing hunger and supplying nutritional needs.

(k) "Food recovery service" means a person or entity that collects and transports edible food from a generator to a food recovery organization.

(l) "Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations.

(m) "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.

(n) "Inspection" means a site visit where the city or the city's designee reviews records, containers, and an entity's handling of organic waste or edible food to determine if the entity is in compliance.

(o) "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.

(p) "Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility including, 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.

(q) "Local education agency" means a school district, charter school, or county office of education that is not subject to the control of city regulations related to solid waste.

(r) "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.

(s) "Model Water Efficient Landscape Ordinance" or "MWELO" refers to Chapter 2.7 of Division 2 of Title 23 of the California Code of Regulations, as that chapter may be amended, and the city's implementing regulations in Chapter 19.40 of the Duarte Development Code.

(t) "Notice of violation" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties.

(u) "Organic waste" shall have the same meaning as set forth in Section 18982 of Title 14 of the California Code of Regulations, as that section may be amended.

(v) "Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste.

(w) "Recovered" refers to the process by which organic waste from a California landfill is diverted and processed in a permitted or otherwise authorized facility.

(x) "Recycled-content paper" means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber.

(y) "Self-hauler" means a commercial generator approved by the city, who hauls organic waste to a facility or location using the generator's own employees and equipment, in an effort to avoid subscribing to the franchise hauler's service.

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

(aa) "Solid waste" has the same meaning as defined in Section 40191 of the California Public Resources Code, as that section may be amended, 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:

(1) Hazardous waste, as defined in the Section 40141 of the California Public Resources Code, as that section may be amended.

(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Health and Safety Code Section 114960 et seq.), as that law may be amended.

(3) Medical waste regulated pursuant to the State Medical Waste Management Act, as that act may be amended. Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Section 40195.1 of the California Public Resources Code, as that section may be amended. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the California Public Resources Code, as that division may be amended.

(bb) "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 by the resident, tenant, business owner, property owner, business owner's employee, or property owner's employee into different containers for the purpose of collection.

(cc) "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.

(dd) "Tier one commercial edible food generator" means supermarket, grocery store with a total facility size equal to or greater than ten thousand square feet, food service provider, food distributor, or wholesale food vendor.

(ee) "Tier two commercial edible food generator" means a restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet, hotel with an on-site food facility and two hundred or more rooms, health facility with an on-site food facility and one hundred or more beds, large venue, large event, 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, or local education agency facility with an on-site food facility.

(ff) "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.

(Ord. No. 905, § 2(Exh. A), 1-11-2022)

Single-family organic waste generators shall:

(a) Subscribe to the franchised hauler's organic waste collection services for all organic waste generated. The city or the city's designee 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 and containment of materials. 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 using a community or backyard composting site.

(b) Place designated materials in designated containers. A person or entity is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of the SB 1383 Regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Commencing January 1, 2022, labels will be placed on each new container or lid provided to generators consistent with the applicable container collection requirements and limitations of this article specifying what materials are allowed to be placed in each container.

(Ord. No. 905, § 2(Exh. A), 1-11-2022)

Commercial businesses, including multi-family residential dwellings, shall:

(a) Subscribe to the franchise hauler's collection services and comply with requirements of those services the city or the city's designee 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. Commercial businesses shall adjust their service level for their collection services as requested by the city.

(b) Generator shall place designated materials in the permitted containers. A person or entity is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of the SB 1383 Regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Commencing January 1, 2022, labels will be placed on each new container or lid provided to generators consistent with the applicable container collection requirements and limitations of this article specifying what materials are allowed to be placed in each container.

(c) Supply and allow access to adequate number, size and location of collection containers for employees, contractors, tenants, and customers.

(d) Excluding multi-family residential dwellings, provide containers for the collection of source separated organic waste and recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers. 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. 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's franchised hauler, 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. Container labeling requirements are required on new containers placed into service commencing January 1, 2022.

(a) Multi-family residential dwellings are not required to comply with container placement or labeling requirements.

(b) 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.

(c) Excluding multi-family residential dwellings, periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of said containers.

(d) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated materials.

(e) Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to source separated materials and the location of containers and the rules governing their use at each property.

(f) Provide or arrange access for the city or the city's designee to their properties during all inspections conducted in accordance with this chapter to confirm compliance.

(g) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site.

(h) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements.

(Ord. No. 905, § 2(Exh. A), 1-11-2022)

The city may grant waivers to generators for physical space limitations and de minimis (low) volumes.

(a) DE MINIMIS WAIVERS (LOW VOLUME). The city may waive a commercial business's obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the city or the city's designee certifies that the business generates below a certain amount of organic waste material. Commercial businesses requesting a de minimis waiver shall:

(1) Submit an application to the city or the city's designee specifying the services that they are requesting a waiver from and provide documentation as noted below.

(2) Provide documentation that either:

(A) The commercial business's total solid waste collection service is two cubic yards or more per week and organic waste comprises less than twenty gallons per week per applicable container of the business' total waste; or

(B) The commercial business's total solid waste collection service is less than two cubic yards per week and organic waste 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's organic waste exceeds threshold required for waiver, in which case the waiver will be rescinded.

(4) De minimis waivers are valid for a period of five years and subject to reverification by the city or the city's designee at any time.

(b) PHYSICAL SPACE WAIVERS. The city may waive a commercial business's or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the organic waste collection service requirements if the city or the city's designee certifies that the property 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 to the city or the city's designee specifying the type(s) of collection services for which they are requesting a compliance waiver.

(2) Provide documentation that the property lacks adequate space for containers and include documentation from either its franchised hauler, licensed architect, or licensed engineer.

(3) Physical space waivers are valid for a period of five years and subject to reverification by the city or the city's designee at any time.

(c) The city shall make the final determination for each waiver application. Approved waivers may be reverified and/or rescinded by the city at any time.

(Ord. No. 905, § 2(Exh. A), 1-11-2022)

(a) Tier one commercial edible food generators must comply with requirements commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024.

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

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

(1) Arrange to recover the maximum amount 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 the collection or acceptance of the edible food that the commercial edible food generator provides to the food recovery organization for food recovery.

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

(4) Allow the city or the city's designee to access the premises and review records.

(5) Keep records that include the following information:

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

(B) A copy of all contracts or written agreements.

(C) A record of the following information for each of those food recovery services or food recovery organizations:

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

(ii) The types of food that will be collected or transported to the food recovery service or food recovery organization.

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

(iv) The quantity of food, measured in pounds recovered per month, collected or transported to a food recovery service or food recovery organization for food recovery.

(v) Provide copies of contracts, agreements, and required records to the city or the city's designee upon request.

(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, as may be amended.

(Ord. No. 905, § 2(Exh. A), 1-11-2022)

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

(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 shall maintain the following records:

(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.

(4) Food recovery organizations and food recovery services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in their contract or agreement.

(c) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators shall report to the city or the city's designee the total pounds of edible food recovered in the previous calendar quarter from the tier one and tier two commercial edible food generators they have established a contract or written agreement with beginning April 1, 2023, for the previous quarter. Reports are required to be submitted to the city or the city's designee no later than thirty days from the end of the quarter being reported.

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

(Ord. No. 905, § 2(Exh. A), 1-11-2022)

(a) REQUIREMENTS FOR HAULERS.

(1) Haulers shall meet the following requirements and standards as a condition of approval of a permit or other authorization with the city to collect organic waste.

(A) Through written notice to the city initially on or before July 1, 2022, and when changes occur, 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) Notwithstanding any the foregoing, nothing in this chapter shall restrict or otherwise prohibit haulers from meeting compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time, or being relieved of, or delaying compliance with such requirement pursuant to Section 42652.5 of the California Public Resources Code, as that section may be amended.

(b) REQUIREMENTS FOR FACILITY OPERATORS AND COMMUNITY COMPOSTING OPERATIONS.

(1) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty days.

(2) Community composting operators, upon city request, shall provide information to the city or the city's designee 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 or the city's designee shall respond within sixty days.

(Ord. No. 905, § 2(Exh. A), 1-11-2022)

(a) Approved self-haulers shall source separate all organic waste generated on-site from solid waste in accordance with Section 18984.1 of Title 14 of the California Code of Regulations, as that section may be amended.

(b) Self-haulers shall haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste approved by the city.

(c) Self-haulers shall haul their source separated organic waste to an approved facility not less than every seven days utilizing their own equipment and labor.

(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 or the city's designee. 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.

(e) Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in Subsection 6.09.160(d) of this code to the city or the city's designee no later than the fifteenth of each month for the previous month's activities.

(f) An application must be approved by the city or the city's designee prior to commencing self-haul activities.

(Ord. No. 905, § 2(Exh. A), 1-11-2022)

(a) Persons applying for a permit from the city for new construction and building additions and alterations shall comply with the requirements of this section and all required components of the California Green Building Standards Code (CALGreen), Part 11 of Title of the California Code of Regulations, as that section may be amended, if its project is covered by the scope of the regulation.

(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 materials, consistent with the recommendations of the franchised hauler, or comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to CALGreen Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1, as these sections may be amended, provided that 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 thirty percent of the floor area shall provide readily accessible areas identified for the storage and collection of materials, consistent with the recommendations of the franchised hauler, or shall comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to CALGreen Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1, as these sections may be amended, provided that 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 C&D, including diversion of organic waste in C&D from disposal. Comply with Chapter 6.10 Diversion of Construction And Demolition Waste of this code, and all written and published city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

(Ord. No. 905, § 2(Exh. A), 1-11-2022)

(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 five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred square feet, shall comply with Chapter 19.40 Landscaping of the Duarte Development Code, including sections related to use of compost and mulch as delineated in this section.

(b) The following compost and mulch use requirements that are part of the MWELO are now also included as requirements of this chapter. Other requirements of the MWELO are in effect and can be found in Chapter 2.7 Division 2 of Title 23 of the California Code of Regulations, as that chapter may be amended.

(c) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Subsection 6.09.180(a) above shall:

(1) Comply with Chapter 19.40 of the Duarte Development Code, which requires 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 one thousand 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 and compost materials made from recycled or post-consumer materials that comply with Article 12 or Chapter 12 of Division 7 of Title 14 of the California Code of Regulations, as may be amended, shall be used. Other products such as inorganic materials or virgin forest products must be approved by the city prior to use. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

(2) The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Subsection 6.09.180(a) shall consult the full MWELO and Chapter 19.40 of the Duarte Development Code for all requirements.

(d) If, after January 11, 2022, the California Department of Water Resources, or its successor agency, amends Chapter 2.7 of Division 2 of Title 23 of the California Code of Regulations in a manner that requires jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements shall be enforced.

(Ord. No. 905, § 2(Exh. A), 1-11-2022)

(a) The city or the city's designee is authorized to conduct inspections and investigations, at random or otherwise, of any collection container, self-hauler vehicle loads, or community compost 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, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws.

(b) Regulated entities shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city or the city's 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 access to an entity's premises or access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

(c) Any records obtained during inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq.

(d) The city or the city's designee is authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

(Ord. No. 905, § 2(Exh. A), 1-11-2022)

(a) Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official or representative. Enforcement actions under this chapter include but are not limited to the issuance of an administrative citation including any late charges and assessment of a fine. Violations of this chapter are also subject to Chapters 1.04 and 1.08 of this code.

(b) Other remedies allowed by law may be used, including the enforcement of the provisions of this chapter for any violations hereof by means of a criminal or civil enforcement process including, without limitation, through nuisance abatement proceedings, a restraining order, a preliminary or permanent injunction, or by any other means available in law or equity. 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) REMEDIES CUMULATIVE. The remedies provided by this chapter are cumulative and in addition to any other remedies available by law or in equity.

(d) AIDING AND ABETTING. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.

(e) VIOLATIONS ARE A PUBLIC NUISANCE. Violations of this chapter are hereby declared to be public nuisances.

(f) RESPONSIBLE ENTITY FOR ENFORCEMENT.

(1) Enforcement pursuant to this chapter may be undertaken by the city enforcement official or their designated entity.

(2) Enforcement may also be undertaken by a regional or county agency enforcement official, designated by the city.

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

(B) Enforcement official(s) may issue notices of violation(s).

(g) PROCESS FOR ENFORCEMENT.

(1) The city or the city's designee may monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection.

(2) The city may issue an official notification to notify regulated entities of its obligations under this chapter.

(3) For incidences of prohibited container contaminants found in containers, the city or the city's designee may issue a notice of violation to any generator after determining that a violation has occurred and/or take enforcement action. If prohibited container contaminants are observed in a generator's containers, the city may assess contamination processing fees or contamination penalties on the generator and take enforcement action.

(4) Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence with enforcement action.

Notices shall be sent to the property owner 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, or a combination thereof depending upon available information.

(h) COMPLIANCE DEADLINE EXTENSION CONSIDERATIONS. The jurisdiction may extend the compliance deadlines set forth in a notice of violation issued 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.

(Ord. No. 905, § 2(Exh. A), 1-11-2022)

Appeals shall be consistent with Chapter 1.08 of the Duarte Municipal Code.

(Ord. No. 905, § 2(Exh. A), 1-11-2022)

The city or the city's designee may conduct inspections, route reviews or waste evaluations, and compliance reviews of organic waste generators, self-haulers, tier one commercial edible food generators, food recovery organizations, food recovery services, or other entity to determine compliance.

(Ord. No. 905, § 2(Exh. A), 1-11-2022)

Beginning January 1, 2024, if the city determines that an organic waste generator, self-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 may document the noncompliance or violation, issue a notice of violation, and/or take enforcement action.

(Ord. No. 905, § 2(Exh. A), 1-11-2022)