§ 51.01 FINDINGS, PURPOSE, AND AUTHORITY.

The City Council of the City of Eureka finds and declares:

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 , as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their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

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§§ 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with § 42649) to Part 3 of Division 30 of, and added and repealed § 41780.02, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste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

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§ 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling,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

(D) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery ("CalRecycle") to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including jurisdictions, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.

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

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

(F) Requirements in this chapter are consistent with other adopted goals of the city including the Humboldt Regional Climate Action Plan and the City of Eureka Zero Waste Action Plan.

(G) The city adopts this chapter in order to comply with SB 1383 requirements in a manner that is consistent with and continues to implement the city's previously adopted programs, policies and goals including the following:

(1) Reduce litter and other illegal solid waste disposal practices;

(2) Maintain a healthy, safe, economical, coordinated, and orderly regulation of collecting, transporting, and/or disposing of solid waste kept, accumulated or produced within the city;

(3) Encourage environmentally acceptable programs of source separation, recycling, composting and salvaging, and the reduction of the total solid waste generated on a city-wide and per capita basis;

(4) Provide for the storage, collection, transportation, diversion and recovery of marketable and recyclable materials in compliance with state requirements and the waste reduction and recycling goals set forth therein;

(5) Divert waste out of landfills so as to extend landfill life and reduce the need to expand or build new landfills;

(6) Prevent nuisances and hazards to public health caused by improper solid waste and garbage disposal, accumulation, storage and removal;

(7) Eliminate solid waste and garbage as a breeding site for insects or other vectors, and a food source for rodents and other animals; and

(8) Reduce blighting conditions.

(Ord. 943-C.S., passed 2-21-23)