East Palo Alto Municipal Code Ch. 8.32 Refuse and Waste Disposal

Footnotes:

--- (2) ---

Editor's note— Ord. No. 06-2021, § 1, adopted Nov. 16, 2021, repealed the former Ch. 8.32, §§ 8.32.010—8.32.460, and enacted a new Ch. 8.32 as set out herein. The former Ch. 8.32 was entitled "Garbage Regulations," and derived from Prior Code §§ 6-2.102—6-2.109, 6-2.201—6-2.07, 6-2.301—6-2.314, 6-2.401—6-2.410; and Ord. 101, §§ 1—6, 1988.

This chapter shall be known as the "mandatory refuse and organic waste disposal reduction ordinance".

(Ord. No. 06-2021, § 1, 11-16-2021)

The city council finds and declares:

A. 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Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq., as amended, supplemented, superseded, and replaced from time to time, commonly referred to as AB 939), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste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.

B. State recycling law, as amended by Assembly Bill 341 of 2011, places requirements on businesses and multiple-family unit property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires implementation of a mandatory commercial recycling program.

C. State organics recycling law, added by Assembly Bill 1826 of 2014 as 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42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multiple-family unit property owners that generate a specified threshold amount of solid waste,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.

D. The Short-lived Climate Pollutant Reduction Act of 2016, (SB 1383) requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including local governments, 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. Further, the Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce a mechanism to implement relevant provisions of SB 1383 Regulations.

E. The provisions of this chapter also will 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.

F. Requirements in this chapter are consistent with other adopted goals and policies of the city including its recycling and diversion of construction and demolition debris ordinance (East Palo Alto Municipal Code Chapter 15.56), water conservation in landscaping ordinance (East Palo Alto Municipal Code Chapter 17.06), and the 2011 climate action plan.

(Ord. No. 06-2021, § 1, 11-16-2021)

The following words and terms as used in this chapter shall have the following meaning, unless it is otherwise apparent from their context:

(a) "Blue Container" has the same meaning as in 14 CCR Section 18982.2(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.

(b) "Black 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 black container waste.

(c) "Black Container Waste" means solid waste that is collected in a black container that is part of a three-container organic waste collection service that prohibits the placement of organic waste or source separated recyclables in the black container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

(d) "CalRecycle" means California's Department of Resources Recycling and Recovery.

(e) "California Code of Regulations" or "CCR" means the State of California Code of Regulations.

(f) "City" means the City of East Palo Alto and "city council" means the City Council of the City of East Palo Alto.

(g) "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 multiple-family residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multiple-Family Residential Dwelling that consists of fewer than five units is not a Commercial Business for purposes of this chapter.

(h) "Commercial Edible Food Generator" includes a tier one or a tier two commercial edible food generator. Food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

(i) "Compliance Review" means a review of records to determine compliance with this chapter.

(j) "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 (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4), or, as otherwise defined by 14 CCR Section 18982(a)(8).

(k) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), 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. Compost eligible for meeting the city's annual recovered organic waste product procurement target must be produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State of California's composting operations regulatory requirements.

(l) "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).

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

(n) "Designated Source Separated Organic Waste Facility", as defined in 14 CCR Section 18982(14.5), means a solid waste facility that accepts a source separated organic waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:

(1) The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of fifty (50) percent between January 1, 2022 and December 31, 2024 and seventy-five (75) percent on and after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(f) for organic waste received from the source separated organic waste collection stream. If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a "designated source separated organic waste facility".

(2) The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is organic waste is less than the percent specified in 14 CCR Sections 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5. The definition of composting operation includes in-vessel digestion as regulated in 14 CCR Section 17896. If the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR Sections 17409.5.8(c)(2) or 17409.5.8(c)(3), for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a "designated source separated organic waste facility." The reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).

(o) "Designee" means an entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities, as authorized in 14 CCR Section 18981.2.

(o-1)

"Designee for Edible Food Recovery" means the County of San Mateo's Office of Sustainability with which the city has a memorandum of understanding for the purposes of edible food recovery.

(p) "Edible Food" means food intended for and fit for human consumption and collected or received from a tier one or tier two commercial edible food generator. "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.

(q) "Edible Food Recovery" means actions to collect, receive, and/or re-distribute edible food for human consumption from tier one and tier two commercial edible food generators that otherwise would be disposed.

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

(s) "Enforcement Official" means the city manager, county administrative official, chief operating officer, executive director, or other individual in charge or the authorized designee(s) partially or wholly responsible for enforcing this chapter.

(t) "Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances. Excluded wastes also includes construction materials, dirt, rock and concrete, electronic waste and batteries, fluorescent lights, hazardous waste, liquids and grease, medicines and sharps and treated wood.

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

(v) "Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code.

(w) "Food Recovery" means actions to collect, receive and or re-distribute edible food for human consumption from tier one and tier two commercial edible food generators, that otherwise would be disposed.

(x) "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.

A food recovery organization 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). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply.

(y) "Food Recovery Service" means a person or entity that collects and transports edible food from a tier one or tier two commercial edible food generator to a food recovery organization or other entities for edible food recovery. 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).

(z) "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.

(aa) "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.

(bb) "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 and should be placed in the green compost container with food scraps.

(cc) "Food Waste" means food scraps, food-soiled paper, and bio-plastics labeled "BPI Certified Compostable".

(dd) "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.

(ee) "Greenhouse Gas (GHG)" means carbon dioxide (CO 2 ), methane (CH 4 ), nitrous oxide (N 2 0), sulfur hexafluoride (SF6), hydrofluorocarbons (HFC), perfluorocarbons (PFC) and other fluorinated greenhouse gases.

(ff) "Greenhouse Gas Emission Reduction" or "Greenhouse Gas Reduction" means a calculated decrease in greenhouse gas emissions relative to a project baseline over a specified period of time, resulting from actions designed to achieve a decrease.

(gg) "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).

(hh) "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty (50) percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

(ii) "Inspection" means a site visit where records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling is reviewed 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). "Inspection" for the purposes of edible food recovery, means actions to review contracts and other records related to the recovery of edible food and may occur off-site via email and other forms of electronic communication, as well as the on-site review of an entity's records and collection, handling and other procedures for the recovery of edible food to determine if the entity is complying.

(jj) "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 (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. 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.

(kk) "Large Venue" means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. 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. 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.

(ll) "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).

(mm) "Mixed Waste Organic Collection Stream" or "Mixed Waste" means organic waste collected in a black container that is required by 14 CCR Sections 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). This definition is only applicable to select commercial and MF customers provided with a two-container collection system. Three-container collection system customers are subject to the black container waste definition.

(nn) "Multiple-Family Residential Dwelling" or "Multiple-Family" means of, from, or pertaining to residential premises with five or more dwelling units. Multiple-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. Multiple-family residential dwellings with five or more units are included under the definition of a commercial business per 14 CCR Section 18982(a)(6).

(oo) "Non-Local Entity" means an entity that is an organic waste generator but is not subject to the control of the city's regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(42).

(pp) "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

(qq) "Notice of Violation (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.

(rr) "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).

(ss) "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).

(tt) "Prohibited Container Contaminants:"

(1) For those generators provided with a three-container collection system (blue, green and black): "Prohibited container contaminants" means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the jurisdiction'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 black container that are acceptable source separated recyclable materials and/or source separated green container organic wastes that belong in green or blue container; and (iv) excluded waste placed in any container.

(2) For those (limited commercial and MF) generators provided with two-container (blue/black) collection service for source separated recyclable materials and mixed materials): "prohibited container contaminants" means the following: (i) discarded materials placed in a blue container that are not identified as acceptable source separated recyclable materials for a blue container; (ii) discarded materials placed in the black container that are identified as acceptable source separated recyclable materials, which are to be separately collected in a blue container; and (iii) excluded waste placed in any container.

(uu) "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).

(vv) "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).

(ww) "Refuse" means and includes all types of waste materials.

(xx) "Refuse Collector" means a person or entity awarded an official franchise for refuse collection services.

(yy) "Regional Agency" means the South Bayside Waste Management Authority (SBWMA), a regional agency as defined in Public Resources Code Section 40181, serving its member agencies on recycling and waste issues.

(zz) "Remote Monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and black containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

(aaa) "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).

(bbb) "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).

(ccc) "SB 1383 Eligible Mulch" means mulch eligible to meet the annual recovered organic waste product procurement target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 eligible mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4):

(1) Produced at one of the following facilities:

i. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10);

ii. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or

iii. A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.

(2) Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5)(A)1 through 3.

(ddd) "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to 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.

(eee) "Self-Hauler" means a person, who hauls solid waste, organic waste or recyclable material he or she has generated. 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). "Self-Hauler" for the purposes of edible food recovery, means a commercial edible food generator who holds a contract with and hauls edible food to a food recovery organization or other site for redistribution according to the requirements of this chapter.

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

(ggg) "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.

(hhh) "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). 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 black container waste or other solid waste for the purposes of collection and processing.

(iii) "Source Separated Blue Container Organic Waste" means source separated organic wastes that can be placed in a blue container including clean paper and cardboard.

(jjj) "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, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles. Acceptable materials include food scraps, food soiled paper, plants and bio-plastics labeled BPI Certified Compostable.

(kkk) "Source Separated Recyclable Materials" means source separated non-organic recyclables and source separated blue container organic waste and includes clean paper and cardboard, glass bottles, cans and plastic bottles, tubs and containers.

(lll) "Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.0), 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).

(mmm) "Tier One Commercial Edible Food Generator" means a commercial edible food generator that is one of the following:

(1) Supermarket.

(2) Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.

(3) Food service provider.

(4) Food distributor.

(5) Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply.

(nnn) "Tier Two Commercial Edible Food Generator" means a commercial edible food generator that is one of the following:

(1) Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.

(2) Hotel with an on-site food facility and two hundred (200) or more rooms.

(3) Health facility with an on-site food facility and one hundred (100) or more beds.

(4) Large venue.

(5) Large event.

(6) A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

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

If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply.

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

(Ord. No. 06-2021, § 1, 11-16-2021)

A. All premises must use city-authorized refuse collection services at least once a week, except as otherwise provided in this chapter. It is unlawful for any person or entity to interfere in any manner with the collection or removal or disposal of refuse by an authorized refuse collector.

B. It is unlawful for any person or entity, directly or indirectly, to bring or cause to be brought or conveyed, into or through the city, any refuse, without first applying to the city council and procuring from the city a franchise agreement to do so.

C. The city council may from time to time enter into a contract for refuse collection services for the collection and disposal of refuse in designated areas of the city. Contracts shall be entered into on such terms and conditions as may be determined by the city council to be necessary and desirable, including the establishment of service areas, rates, reserves and overhead costs, as well as the method of collection of service charges.

D. The provisions of this chapter shall not be construed to prevent a person from disposing of refuse accumulating upon, and its source being, one's own premises in the manner provided by this chapter.

E. All refuse must be kept in appropriate receptacles as detailed in this chapter and all refuse in the process of being conveyed into, through or within the city must be properly contained or covered.

F. It is unlawful for any person or entity, directly or indirectly, to dump, place, bury or deposit or cause to be dumped, placed, buried or deposited, or assist in dumping, placing, burying or depositing, any refuse in or on any lot, land, street or alley or in any water or waterway within the territorial limits of the city, including San Francisco Bay and the tidelands thereof.

(Ord. No. 06-2021, § 1, 11-16-2021)

Single-family organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in Section 8.32.110:

A. Subscribe to the city's organic waste collection services for all organic waste generated as described in subsection B. 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).

B. Participate in the city's three-container 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.

C. Generator shall place source separated green container organic waste, including food waste, in the green container; source separated blue container organic waste and recyclable materials in the blue container; and black container waste in the black container, per jurisdictional and collector guidelines. Generators shall not place materials designated for the black container into the green container or blue container.

(Ord. No. 06-2021, § 1, 11-16-2021)

Generators that are commercial businesses, including multiple-family residential dwellings, shall:

A. Subscribe to the City's three-container collection services and comply with requirements of those services as described in subsection B, except commercial businesses that meet the self-hauler requirements in Section 8.32.110. City has 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.

B. Participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below. Commercial businesses that meet the self-hauler requirements in Section 8.32.110 are excluded from this requirement.

1. Generator shall place source separated green container organic waste, including food waste, in the green container; source separated blue container organic waste and source separated recyclable materials in the blue container; and black container waste in the black container. Generator shall not place materials designated for the black container into the green container or blue container.

2. Generators that are offered two-container service shall place only source separated blue container organic waste and source separated recyclable materials in a blue container and all other materials (mixed waste) in a black container.

C. Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with blue container, green container, and black container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.32.110.

D. Excluding multiple-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:

1. A body or lid that conforms with the container colors provided through the collection service, 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.

E. Multiple-family residential dwellings are not required to comply with container placement requirements or labeling requirement in subsection D, pursuant to 14 CCR Section 18984.9(b).

F. To the extent practical through education, training, inspection, and/or other measures, excluding multiple-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the blue container, green container, and black container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.32.110.

G. Excluding multiple-family residential dwellings, annually inspect blue containers, green containers, and black 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).

H. 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.

I. Provide education information before or within fourteen (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 black container waste (when applicable) and the location of containers and the rules governing their use at each property.

J. Provide or arrange access for city or its agent to their properties during all inspections conducted in accordance with Section 8.32.130 to confirm compliance with the requirements of this chapter.

K. Accommodate and cooperate with 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 subsection B. Should a remote monitoring program be used, it shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and black containers.

L. At commercial business's option and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and black 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 black containers subject to written notification to or approval by the city or its designee.

M. If a commercial business wants to self-haul, meet the self-hauler requirements in Section 8.32.110.

N. 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).

O. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with edible food recovery requirements, pursuant to the edible food recovery provisions of Section 8.32.080.

(Ord. No. 06-2021, § 1, 11-16-2021)

A. De Minimis Waivers: The city may waive a commercial business' obligation (including multiple-family residential dwellings) to comply with some or all of the organic waste requirements if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection A.2. 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 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 the 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 the green container comprises less than ten (10) gallons per week per applicable container of the business' total waste.

2. 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.

3. Provide written verification of eligibility for de minimis waiver every five years, if a de minimis waiver is approved.

B. Physical Space Waivers: City may waive a commercial business' or property owner's obligations to comply with some or all of the recyclable materials and/or organic waste collection service requirements it 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 a compliance waiver is requested.

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 the city that it is still eligible for physical space waiver every five years, if an application for a physical space waiver is approved.

(Ord. No. 06-2021, § 1, 11-16-2021)

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. Tier one and tier two 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. Use the CalRecycle Model Food Recovery Agreement or the contractual elements contained in the requirements for food recovery organizations and food recovery services section to contract with, or otherwise enter into a written agreement with food recovery organizations or food recovery services for:

a. Collection of edible food for edible food recovery from the tier one or tier two commercial edible food generator's premises; or

b. Acceptance of edible food that the tier one or tier two commercial edible food generator self-hauls to the food recovery organization.

3. Contract with food recovery organizations and food recovery services able to demonstrate a positive reduction in greenhouse gas emissions from their edible food recovery activity. A list of food recovery organizations and food recovery services is available on the County of San Mateo Office of Sustainability website.

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

5. Allow city's enforcement official or its designee for edible food recovery to access the premises and inspect procedures and review records related to edible food recovery and/or provide them electronically if requested by the city or the designee for edible food recovery.

6. Keep records that include the following information:

a. A list of each food recovery organization or a food recovery service that collects or receives edible food from the tier one or tier two commercial edible food generator pursuant to a written agreement.

b. A copy of all written agreements established under the provisions of this chapter.

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

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

ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

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

iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

7. No later than June 30th of each year commencing no later than July 1, 2022 for tier one commercial edible food generators and July 1, 2024 for tier two commercial edible food generators, provide an annual edible food recovery report to the designee for edible food recovery that includes, but is not limited to, the following information: a list of all contracts with food recovery organizations and food recovery services, the amount and type of edible food donated to food recovery organizations and food recovery services, the schedule of edible food pickup by food recovery organizations and food recovery services, a list of all types of edible food categories generated, such as "baked goods," that are not accepted by the food recovery organizations and food recovery services with whom they contract, the contact information for the manager and all staff responsible for edible food recovery, and certification that all staff responsible for edible food recovery have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe. With the exception of the food safety and handling training certification, tier one and tier two commercial edible food generators may coordinate with their edible food recovery contractors to supply this information. The designee for edible food recovery will assist in the preparation of these reports by providing guidance and a template located on the County of San Mateo Office of Sustainability website.

8. Mandate that edible food recovery staff learn and follow the donation guidelines and attend trainings conducted by food recovery organizations or food recovery services with which they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of edible food to ensure the maximum amount of edible food is recovered and to avoid supplying food for collection that is moldy, has been improperly stored, or is otherwise unfit for human consumption.

9. Tier one and tier two commercial edible food generators who self-haul edible food shall require those transporting edible food for recovery to obtain a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe and follow the best practices and standards for proper temperature control, methods, and procedures for the safe handling and transport of food.

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 Article 13 [commencing with Section 49580] of Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and Section 114079 of the Health and Safety Code, relating to food safety (as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 06-2021, § 1, 11-16-2021)

A. Food recovery services collecting or receiving edible food directly from tier one and/or tier two commercial edible food generators by a written agreement established under the requirements of this chapter, shall maintain the following records:

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

2. The quantity in pounds of edible food by type collected from each tier one and tier two commercial edible food generator per month.

3. The quantity in pounds of edible food by type transported to each food recovery organization or redistribution site per month.

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

B. Food recovery organizations collecting or receiving edible food directly from tier one and/or tier two commercial edible food generators by a written agreement established under the requirements of this chapter, or receiving edible food from food recovery services or from other food recovery organizations, shall maintain the following records:

1. The name, address, and contact information for each tier one and tier two commercial edible food generator, food recovery service, or other food recovery organization from which the organization collects or receives edible food.

2. The quantity in pounds of edible food by type collected or received from each tier one or tier two commercial edible food generator, food recovery service, or other food recovery organization per month.

3. The name, address, and contact information for other food recovery organizations or redistribution sites that the food recovery organization transports edible food to for edible food recovery.

C. Food recovery organizations and food recovery services shall inform tier one and tier two commercial edible food generators from which they collect or receive edible food about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their written agreement.

D. Commencing no later than July 1, 2022, food recovery organizations and food recovery services collecting or receiving edible food from tier one and tier two commercial edible food generators or any other source shall report to the designee for edible food recovery the following: a detailed edible food activity report of the information collected as required under this chapter, including weight in pounds by type and source of edible food, the schedule/frequency of pickups/drop-offs of edible food from/to each edible food source or redistribution site, brief analysis of any necessary process improvements or additional infrastructure needed to support edible food recovery efforts, such as training, staffing, refrigeration, vehicles, etc., and an up to date list of tier one and tier two commercial edible food generators with whom they have written agreements. The designee for edible food recovery will assist in the preparation of these reports by providing guidance and a template located on the County of San Mateo Office of Sustainability website. This edible food activity report shall be submitted quarterly, or at the discretion of the designee for edible food recovery, less frequently, and shall cover the activity that occurred since the period of the last submission.

E. Food recovery organizations and food recovery services shall contact the designee for edible food recovery to discuss the requirements of this chapter before establishing new written agreements with tier one or tier two commercial edible food generators and in order to maintain existing written agreements for the recovery of edible food with tier one and tier two commercial edible food generators.

F. In order to provide the required records to the state, the city or the designee for edible food recovery, and tier one or tier two commercial edible food generators, contracts between food recovery organizations and food recovery services and tier one and tier two commercial edible food generators shall either:

1. Use the model food recovery agreement developed by the State of California's Department of Resources Recycling and Recovery (CalRecycle) and include a clause requiring the food recovery organization or food recovery service to report to the tier one and tier two commercial edible food generators with whom they have contracts the annual amount of edible food recovered and to inform them of the tax benefits available to those who donate edible food to non-profits;

2. Or include in their contracts the following elements:

a. List/description of allowable foods the food recovery organization/food recovery service will receive.

b. List/description of foods not accepted by the food recovery organization/food recovery service.

c. Conditions for refusal of food.

d. Food safety requirements, training, and protocols.

e. Transportation and storage requirements and training.

f. A protocol for informing the tier one or tier two commercial edible food generators of a missed or delayed pickup.

g. Notice that donation dumping is prohibited.

h. Provisions to collect sufficient information to meet the record-keeping requirements of this chapter.

i. Fees/financial contributions/acknowledgement of terms for the pickup and redistribution of edible food.

j. Terms and conditions consistent with the CalRecycle Model Food Recovery Agreement.

k. Information supplying the tier one or tier two commercial edible food generators with the annual amount of edible food recovered and informing them of the tax benefits that may be available to those who donate edible food to non-profits.

l. Contact name, address, phone number, and email for both responsible parties, including the current on-site staff responsible for edible food recovery.

m. Food recovery organizations accepting self-hauling of edible food from tier one and tier two commercial edible food generators must provide a schedule, including days of the week and acceptable times for drop-offs, and information about any limitation on the amount of food accepted, and/or the packaging requirements or other conditions of transport, such as, but not limited to, maintaining proper temperature control, and other requirements for the safe handling and transport of food, the self-hauler must follow for the edible food to be accepted.

G. Food recovery organizations and food recovery services shall demonstrate that all persons, including volunteers and contracted workers using their own vehicle, involved in the handling or transport of edible food, have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe.

H. Food recovery organizations and food recovery services shall use the appropriate temperature control equipment and methods and maintain the required temperatures for the safe handling of edible food recovered from tier one and tier two commercial edible food generators for the duration of the transportation of the edible food for redistribution, including edible food transported by private vehicles.

I. In order to ensure recovered edible food is eaten and to prevent donation dumping, food recovery organizations and food recovery services shall provide documentation that all redistribution sites which are not themselves food recovery organizations to which they deliver edible food have a feeding or redistribution program in place to distribute, within a reasonable time, all the edible food they receive. Such documentation may include a website address which explains the program or pamphlets/brochures prepared by the redistribution site.

J. Food recovery organizations and food recovery services unable to demonstrate a positive reduction in GHG emissions for their edible food recovery operational model cannot contract with tier one and tier two commercial edible food generators for the purpose of recovering edible food. Food recovery organizations and food recovery services contracting to recover edible food from a tier one and tier two commercial edible food generator for redistribution shall consult with the city's designee for edible food recovery to document that their overall operational model will achieve a greenhouse gas emissions reduction. Such review may analyze route review, miles traveled for pick-up and redistribution, amount of food rescued, and the likelihood of consumption after redistribution.

K. Food recovery organizations and food recovery services shall visually inspect all edible food recovered or received from a tier one and tier two commercial edible food generator. If significant spoilage is found, or if the food is otherwise found to be unfit for redistribution for human consumption, food recovery organizations and food recovery services shall immediately notify the designee for edible food recovery using the process found on the County of San Mateo Office of Sustainability's website. The notice shall include:

1. The type and amount, in pounds, of spoiled food or food unfit for redistribution for human consumption, or provide a photographic record of the food, or both.

2. The date and time such food was identified.

3. The name, address and contact information for the tier one or tier two commercial edible food generator which provided the food.

4. The date and time the food was picked up or received.

5. A brief explanation of why the food was rejected or refused.

L. Contracts between tier one or tier two commercial edible food generators and food recovery organizations or food recovery services shall not include any language prohibiting tier one or tier two commercial edible food generators from contracting or holding agreements with multiple food recovery organizations or food recovery services listed on the County of San Mateo Office of Sustainability website.

M. Food recovery organizations and food recovery services shall conduct trainings and develop educational material such as donation guidelines and handouts to provide instruction and direction to tier one and tier two commercial edible food generators with whom they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of edible food to ensure the maximum amount of edible food is recovered and to avoid the collection of food that is moldy, has been improperly stored, or is otherwise unfit for human consumption.

N. Edible Food Recovery Capacity Planning. In order to support edible food recovery capacity planning assessments or other such studies, food recovery services and food recovery organizations shall provide information and consultation to the city and its designee for edible food recovery upon request, regarding existing, or proposed new or expanded, edible food recovery capacity that could be accessed by the city and its tier one and tier two commercial edible food generators. A food recovery service or food recovery organization contacted by the city or its designee for edible food recovery shall respond to such requests for information within sixty (60) days.

O. Allow city's enforcement official or its designee for edible food recovery to access the premises and inspect procedures and review records related to edible food recovery and/or provide them electronically if requested by the city or the designee for edible food recovery.

(Ord. No. 06-2021, § 1, 11-16-2021)

A. Requirements for Haulers.

1. The city's exclusive franchised hauler providing residential, commercial, or industrial organic waste collection services to generators within the city's boundaries shall meet the following requirements and standards for authorization to collect organic waste:

a. Through written notice to the city annually on or before January 31, identify, for customers with three-container collection, the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated green container organic wastes and black container waste.

Through written notice to the city annually on or before January 31, identify, for customers with two-container collection system, the facilities to which they will transport source separated recyclable materials and black container waste.

b. For customers with three-container collection, transport source separated blue container waste to a facility that recovers those 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. For customers with two-container collection, transport source separated blue container waste to a facility that recovers those materials and black container waste to a high diversion organic waste processing facility.

c. Obtain approval 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, East Palo Alto Municipal Code Chapter 15.56 and Section 8.32.120.

2. Franchised hauler with authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement.

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'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 shall respond within sixty (60) days.

2. Community composting operators, upon city's request, shall provide information 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 shall respond within sixty (60) days.

(Ord. No. 06-2021, § 1, 11-16-2021)

A. Self-haulers shall source separate all recyclable materials and organic waste 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. 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.

C. Self-haulers that are commercial businesses (including multiple-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.

D. Self-haulers that are commercial businesses (including multiple-family self-haulers) shall provide information collected in subsection C. to the city if requested.

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

(Ord. No. 06-2021, § 1, 11-16-2021)

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, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent then the requirements of this section, the CALGreen requirements shall apply. Project applicants shall refer to East Palo Alto Municipal Code Chapter 15.11 for CALGreen requirements.

B. For projects covered by CALGreen, the applicants must, as a condition of permit approval, comply with the following:

1. Where five or more multiple-family dwelling units are constructed on a 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, green container and black container materials, consistent with the three-container collection program, or comply with provision of adequate space for recycling for multiple-family and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11, as amended; provided 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 thirty (30) percent 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, or shall comply with provision of adequate space for recycling for multiple-family and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11, as amended; provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

3. Comply with all applicable CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with East Palo Alto Municipal Code Chapter 15.56, and all written and published policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

(Ord. No. 06-2021, § 1, 11-16-2021)

A. City representatives and its designees, including the designee for edible food recovery, 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, property owners, tier one and tier two 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 Section 8.32.060.B, 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 Section 8.32.060.K.

B. Regulated entity shall provide or arrange for access during all inspections and shall cooperate with the city or its designated entity or designee for edible food recovery 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 described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment (optional); 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 city or designee for edible food recovery 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 for edible food recovery 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 and designee for edible food 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. 06-2021, § 1, 11-16-2021)

The provisions of East Palo Alto Municipal Code Chapter 1.12, General Penalty, and Chapter 1.14, Administrative Penalty, including penalty levels, shall govern, except where more stringent provisions are set forth in this section.

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, designee for edible food recovery, or representative.

B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City or designee for edible food recovery may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City or designee for edible food recovery 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 or designee for edible food recovery staff and resources.

C. Responsible Entity for Enforcement.

1. Enforcement may be undertaken by the city enforcement official, which may be the city manager or designee, legal counsel, or combination thereof, or designee for edible food recovery.

a. City enforcement official and designee for edible food recovery (for edible food recovery provisions) will interpret this chapter; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.

b. City enforcement official and designee for edible food recovery (for edible food recovery provisions) may issue notices of violation(s).

D. Process for Enforcement.

1. City enforcement official or designee for edible food recovery or designee will monitor compliance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Section 8.32.130 establishes city's and designee for edible food recovery's right to conduct inspections and investigations.

2. City or designee for edible food recovery may issue an official notification to notify regulated entities of its obligations.

3. 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 thirty (30) 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 occasion(s), the city may assess contamination processing fees or contamination penalties on the generator.

The city or its designee for edible food recovery will issue a notice of violation to any tier one or tier two commercial edible food generator found to have edible food in any waste container or to any food recovery organization or food recovery service found to have edible food recovered from a tier one or tier two edible food generator in a waste collection container which has not been documented by a notice of significant spoilage. Such notice will be provided by email communication immediately upon identification of the violation or within three calendar days after determining that a violation has occurred. If the city or its designee for edible food recovery observes edible food in a tier one or tier two commercial edible food generator, or food recovery organization, or food recovery service waste container on more than two consecutive occasion(s), the city or its designee for edible food recovery may assess an administrative citation and fine, pursuant to the edible food recovery penalties provisions, on the tier one or tier two commercial edible food generator, food recovery organization, or food recovery service.

1. With the exception of violations of generator contamination of container contents addressed under subsection (d)(3), city or designee for edible food recovery shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.

2. Absent compliance by the respondent within the deadline set forth in the notice of violation, city or designee for edible food recovery (for the edible food recovery provisions) shall commence an action to impose penalties via an administrative citation and fine.

For the purposes of edible food recovery, the designee for edible food recovery shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the edible food recovery penalties provisions contained in this chapter.

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.

E. Compliance Deadline Extension Considerations. The city or designee for edible food recovery may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section 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 jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

F. Appeals Process. 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 or designee for edible food recovery's procedures in the applicable codes for appeals of administrative citations. Evidence may be presented at the hearing. The city or designee for edible food recovery shall appoint a hearing officer who shall conduct the hearing and issue a final written order.

G. Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, city or designee for edible food recovery may conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if city or designee for edible food recovery 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 and/or, for the purposes of edible food recovery, training 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.

H. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the city or designee for edible food recovery (designee for edible food determination only for tier 1 and tier 2 commercial edible food generator and food recovery organization and service requirements) 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 this section 15, as needed.

(Ord. No. 06-2021, § 1, 11-16-2021)