Article VI — ORGANIC WASTE

Single-family premises and commercial premises shall comply with the organic waste recycling provisions of AB 1826 and SB 1383, and all regulations associated therewith.

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022)

Single-family organic waste generators, except single-family generators that meet all applicable self-hauler requirements in this chapter:

(a)

Shall subscribe to the city's three-container organic waste collection services. The city shall have the right to review the number, size, and location 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, generator shall adjust its service level for its collection services as requested by the city.

(b)

Shall participate in the city's three-container system for source separated recyclable materials, source separated green container organic waste, and gray container waste collection services. Generator participation in the collection programs requires that generators place only approved materials in the appropriate colored containers:

(1)

The gray container is provided solely for the placement and collection of non-organic solid waste. No organic material or recyclable material is permitted in the gray container.

(2)

The blue container is provided solely for the placement and collection of recyclable material. No source separated green container organic waste or non-recyclable material is permitted in the blue container.

(3)

The green container is provided solely for the placement and collection of source separated green container organic waste. No recyclable material or non-organic solid waste is permitted in the green container.

It shall be unlawful and a violation of this chapter to place prohibited container contaminants in a collection container, and may subject the generator of organic material to a contamination processing fee or enforcement action as set forth in this chapter.

Notwithstanding the above, and in accordance with the SB 1383 Regulations, the city is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this chapter and the regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on new containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until SB

1383 compliant colored containers are provided (blue container, green container, and gray container), single-family waste generators shall comply with the container label requirements.

(c)

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

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022)

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

(a)

Subscribe to the city's three-container organic waste collection services. The city shall have the right to review the number, size, and location 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 business shall adjust its service level for its collection services as requested by the city.

(b)

Participate in and comply with the city's three-container (blue container, green container, and gray container) collection service by placing designated materials in designated containers. Generator shall place only approved materials in the appropriate colored containers:

(1)

The gray container is provided solely for the placement and collection of non-organic solid waste. No organic material or recyclable material is permitted in the gray container.

(2)

The blue container is provided solely for the placement and collection of recyclable material. No source separated green container organic waste or non-recyclable material is permitted in the blue container.

(3)

The green container is provided solely for the placement and collection of source separated green container organic waste. No recyclable material or non-organic solid waste is permitted in the green container.

It shall be unlawful and a violation of this chapter to place prohibited container contaminants in a collection container, and may subject the generator of organic material to a contamination processing fee or enforcement action as set forth in this chapter.

Notwithstanding the above, and in accordance with the SB 1383 Regulations, the city is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply

with the color requirements of this chapter and the regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on new containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until SB 1383 compliant colored containers are provided (blue container, green container, and gray container), commercial businesses shall comply with the container label requirements.

(c)

Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (d)(1) and (d)(2) below), for employees, contractors, tenants and customers, consistent with the city's blue container, green container, and gray container collection service.

(d)

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

(1)

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

(2)

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

(e)

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

(f)

To the extent practical through education, training, inspection, and/or other measures, excluding multi- family residential dwellings, prohibit employees from placing materials in a container not designated for

those materials per the city's blue container, green container, and gray container collection service.

(g)

Excluding multi-family residential dwellings, periodically inspect blue container, green container, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

(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 14 days of new tenants entering into an agreement for or requesting collection services from the city's authorized collector, whichever occurs later, that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.

(j)

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

(k)

If implemented, accommodate and cooperate with the city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator's compliance with this chapter.

(l)

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).

(m)

Commercial businesses that are Tier One or Tier Two commercial edible food generators shall comply with food recovery requirements of this chapter.

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022)

(a)

De minimis waivers: The city may, at its discretion or in concert with its solid waste franchisee, waive a commercial business' obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business:

(1)

Submits an application specifying the services that they are requesting a waiver from; and

(2)

Provides documentation that either:

a.

The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business' total waste; or,

b.

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

(3)

Notifies the city if circumstances change such that commercial business's organic waste exceeds the threshold required for waiver, in which case waiver will be rescinded; and

(4)

Provides written verification of eligibility for de minimis waiver every five years, if the city has approved de minimis waiver.

(b)

Physical space waivers: The city may, at its discretion or in concert with its solid waste franchisee, waive a commercial business' or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter.

A commercial business or property owner may request a physical space waiver through the following process:

(1)

Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

(2)

Provide documentation that the premises lack adequate space for blue containers and/or green containers, including documentation from 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 the city has approved application for a physical space waiver.

(c)

Collection frequency waiver: The city, at its discretion or in concert with its solid waste franchisee, and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the city's three-container organic waste collection service to arrange for the collection of their blue container, gray container, or both once every 14 days, rather than once per week.

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022)

(a)

Tier One commercial edible food generators must comply with the below requirements commencing January 1, 2022, and Tier Two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

(b)

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

(c)

Commercial edible food generators shall comply with the following requirements:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

a.

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

b.

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

c.

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

(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 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.

(6)

Commencing no later than January 1, 2022, for Tier One commercial edible food generators and January 1, 2024, for Tier Two commercial edible food generators, commercial edible food generators shall provide a quarterly food recovery report to the city which includes the information required in 14 CCR Section 18991.4 Record Keeping Requirements for commercial edible food generators.

(d)

Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022)

(a)

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

(1)

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

(2)

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

(3)

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

(4)

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

(b)

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

(1)

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

(2)

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

(3)

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

(c)

Commencing January 1, 2022, food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the Tier One and Tier Two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b), as applicable.

(d)

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

(e)

Commencing no later than January 1, 2022, food recovery services and organization shall provide a quarterly report to the city which includes the information required in 14 CCR Section 18991.5 "Food Recovery Services and Organizations."

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022)

operations.

(a)

Requirements for haulers.

(1)

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

a.

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

b.

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

c.

Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1.

d.

Solid waste franchisee shall comply with education, equipment, signage, container labelling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, as may be amended from time to time.

e.

Notwithstanding any the foregoing, nothing in this chapter shall restrict or otherwise prohibit solid waste franchisee from meeting its 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.

(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 the city's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.

(2)

Community composting operators, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days.

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022)

As applicable, all persons and/or entities subject to California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, shall comply with the following provisions of CALGreen, as amended July 1,

2019 and effective January 1, 2020:

(1)

Section 4.410.2 Recycling by Occupants Residential and Section 5.410.1 Recycling by Occupants Non- residential.

(2)

For organic waste commingled with construction and demolition debris, Section 4.408.1 Construction Waste Management Residential and Section 5.408.1 Construction Waste Management non-residential.

If, after the adoption of this chapter, Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen are amended in a manner that requires the city to incorporate the requirements in an updated local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen shall be enforced.

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022)