Chapter 8.16 — SOLID WASTE

Editor's note— Ord. No. 699, §1, adopted Feb. 22, 2022, repealed the former Ch. 8.16, §§8.16.010— 8.16.070, 8.16.140, and 8.16.150, and enacted a new Ch. 8.16 as set out herein. The former Ch. 8.16 pertained to garbage collection and disposal and derived from Ord. 320 §1, 1974; Ord. 506 §1(part), 1990; Ord. 515. §§1, 2, 3, 4, 1992; Ord. 529 §§1, 2, 1993; Ord. 554 §§1, 2, 1995; Ord. 575 §§1, 2, 1998; Ord. 596 §§1, 2, 2002; and Ord. 679 §1, 2015.

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

"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.

"Calrecycle" means California's department of resources recycling and recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others).

"California Code of Regulations" or "CCR" means the state of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

"City" means city of Exeter.

"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 multi-family residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.

"Commercial edible food generator" includes a Tier One or a Tier Two commercial edible food generator as defined in this section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

"Compliance review" means a review of records by a jurisdiction to determine compliance with this chapter.

"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance from which this chapter is derived, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

"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).

"C&D" means construction and demolition debris.

"Designee" means an entity that a jurisdiction contracts with or otherwise arranges to carry out any of the jurisdiction's responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "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.

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

"Excluded waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, household hazardous waste, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the jurisdiction and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in jurisdictions, or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose jurisdiction, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation

of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

"Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

"Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.

"Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

"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:

A.

A food bank as defined in Section 113783 of the Health and Safety Code;

B.

A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

C.

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 to this chapter.

"Food recovery service" means a person or entity that collects and transports Edible Food from a commercial edible food generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). 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).

"Food scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

"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, or as otherwise defined in 14 CCR Section 18982(a)(27).

"Food-soiled paper" means 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.

"Food waste" means food scraps and food-soiled paper.

"Gray 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 gray container waste.

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

"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.

"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).

"Hauler route" means the designated itinerary or sequence of stops for each segment of the jurisdiction's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

"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 percent between January 1, 2022 and December 31, 2024, and seventy-five 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).

"Inspection" means a site visit where a jurisdiction reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling 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).

"Jurisdiction" means jurisdiction in city of Exeter.

"Jurisdiction authority" means the city administrator, public works director, code enforcement officer, or other executive in charge or their authorized designee(s) who is/are partially or wholly responsible for enforcing the ordinance.

"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. 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 to this chapter.

"Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, 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. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, 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 to this chapter.

"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).

"Multi-family residential dwelling or multi-family" means of, from, or pertaining to residential premises with five or more dwelling units. multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

"MWELO" means the model water efficient landscape ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

"Non-compostable paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

"Non-local entity" means entities that are not subject to the jurisdiction's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

"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).

"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.

"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, 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).

"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).

"Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

"Printing and writing papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

"Prohibited container contaminants" means

A.

Three-container or three-plus-container collection service (blue container, green container, and gray containers): "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 jurisdiction's green container; (iii) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in jurisdiction's green container and/or blue container; and, (iv) excluded waste placed in any container.

"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).

"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).

"Recycled-content paper" means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

"Regional agency" means regional agency as defined in Public Resources Code Section 40181.

"Regional or county agency public works director" means a regional or county agency public works director, designated by the jurisdiction with responsibility for enforcing the ordinance in conjunction or consultation with jurisdiction public works director.

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

"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).

"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).

"Route review" means a visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

"SB 1383" means senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

"SB 1383 regulations or SB 1383 regulatory" means 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.

"Self-hauler" means a person, who hauls solid waste, organic waste, or recyclable material he or she has generated to another person. 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)

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

"Solid waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible 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:

A.

Hazardous waste, as defined in the State Public Resources Code Section 40141.

B.

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.)

C.

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.

"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). For the purposes of the chapter, 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 gray container waste or other solid waste for the purposes of collection and processing.

"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 by the generator, excluding source separated recyclable materials, carpets, non-compostable paper, and textiles.

"Source separated recyclable materials" means source separated non-organic recyclables.

"State" means the state of California.

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

"Tier One commercial edible food generator" means a commercial edible food generator that is one of the following:

A.

Supermarket.

B.

Grocery store with a total facility size equal to or greater than 10,000 square feet.

C.

Food service provider.

D.

Food distributor.

E.

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 to this chapter.

"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following:

A.

Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.

B.

Hotel with an on-site food facility and two hundred or more rooms.

C.

Health facility with an on-site food facility and one hundred or more beds.

D.

Large venue.

E.

Large event.

F.

A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.

G.

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 to this chapter.

"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. 699, §1, 2-22-2022)

A.

It shall be mandatory for every occupied property within the city to receive solid waste disposal service provided by the city or the city's authorized contractor.

B.

The accumulation, collection, removal of solid waste shall be controlled by the city for the protection of the public health, safety, and welfare and to contribute toward the diminution of air pollution in the city. The city council finds that to give practical effect, a comprehensive system for the periodic collection, removal and disposal of refuse from all premises in the city is essential and benefits all occupants of premises in the city, and therefore, all such occupants are made liable for refuse collection requirements and charges established by the city council for the collection and disposal of solid waste, and each person occupying, owning, controlling and maintaining any premises in the city shall pay at least the minimum rate established

for service, regardless of amounts or types of waste generated. Containers shall be removed from curbside not later than six-thirty p.m. of the day of the scheduled pickup.

C.

All solid waste disposal services shall be provided by the city's contracted hauler except as follows:

Solid waste disposal of construction and demolition debris may be collected and removed from premises within the city by self-haulers authorized and licensed by the city. Yard waste may be collected and transported to an authorized recycling facility by landscapers permitted and licensed by the city.

The public works department may establish operating rules and reporting requirements for all haulers authorized by this section.

(Ord. No. 699, §1, 2-22-2022)

A.

Establishment of Rates. For the service of collecting and disposal of regular garbage and yard waste as herein referred to, but not including dead animals or refuse from the construction or demolition or alteration of buildings, the rates to be charged by the city or any contractor to whom a contract is awarded by the city for such purpose are and shall be established or revised by resolution of the city council.

B.

Prorating Charges for Disposal Service. The monthly rate shall be charged against any and all property or premises as specified in this chapter until the utility billing department has been notified by the owner or occupant to terminate disposal service. Charges for any fractional part of a month may be prorated using policies adopted by the utility billing department.

C.

Fees; Due Dates; Billing. All fees provided for in this chapter shall be due and payable concurrently with sewer service charges and water charges. Bills for the removal of regular garbage and yard waste shall be rendered at least once a month, and the whole thereof shall be payable as provided in the laws regulating the collection of utility fees in the city. When such bills are not paid, they shall become delinquent after the fifteenth day of the month in which event the solid waste service provided for by this chapter may be subject to immediate discontinuance without further notice. In addition, thereto, the city may sue in the civil courts for the collections of such fees.

(Ord. No. 699, §1, 2-22-2022)

A.

It is unlawful for any person to throw or deposit, or cause to be thrown or deposited, any rubbish or waste matter, as the terms are defined by this chapter, in a container belonging to another resident or business, in or upon any vacant lot, or on or upon any street, alley, gutter, highway, park or other public place in the city, or to deposit or place or keep any rubbish or waste matter except in the manner prescribed in this chapter.

B.

Scavenging: It shall be unlawful for any person other than the franchise hauler or other authorized person(s) to remove from any curb, alley, street, designated pick-up location, or any storage area or container, any separated salvageable commodity. It shall also be unlawful for any person to disturb or tamper with any container, bin, or container containing salvageable material, or the contents thereof, or to remove any such container, bin, or container from the location where the same was placed by the owner of said container or bin.

C.

It is unlawful for any person to bury refuse at any place within the city or to keep, place or deposit refuse on any public or private grounds or premises whatsoever, except in containers or receptacles for collection upon premises owned, occupied, or under the possession and control of such person; provided, however, that lawn and garden trimmings may be composted.

D.

It is unlawful to deposit or use refuse for lot filling or leveling purposes.

E.

No person shall burn any solid waste, hazardous waste, or infectious waste within the city without having obtained a written permit to do so from the city and the San Joaquin Valley Air Pollution Control District. It shall be unlawful for any person to place live or hot coals or ashes or other burning matter in any solid waste container set out for collection.

F.

It is unlawful for any person, firm or corporation to permit any manure to accumulate on premises under his or its control, in such manner or to such extent, as to give rise to fly-breeding conditions or to objectionable odors upon any public highway, street, or alley or upon any premises within the city.

G.

It shall be unlawful and a public nuisance for any person to keep, maintain or handle garbage or garbage containers in such manner as to be offensive or odoriferous or to be a producer of vermin.

H.

Special arrangements must be made and permits issued by the county, state of California, and federal agencies for the disposal of any of the following items: Ammunition; explosives; industrial waste;

chemicals; infectious, hazardous and radioactive waste; acids; drugs; medicines; human feces; unwrapped animal feces; and items which are too large for the collection equipment or which may damage the collection machinery such as large pieces of metal, machine parts, logs and tree stumps.

I.

For any type of solid waste collection in the city, it is unlawful for any person to use the services offered by a person, service, or enterprise that has not obtained all the required permits or agreements from the city pursuant to this chapter.

J.

It is unlawful for any person, contractor, or solid waste enterprise to place solid waste collection containers on public property without the appropriate city permit or agreement. For the first violation of this subsection, the city may impound container(s) of non-permitted persons, contractors, or solid waste enterprises forty-eight hours after such container(s) are observed by the city or the city's agent. For the second violation of this subsection, the city may impound containers of non-permitted persons, contractors or solid waste enterprises previously noticed or impounded twenty-four hours after such container(s) are observed the city or the city's agent. Any subsequent violations may be subject to immediate confiscation.

(Ord. No. 699, §1, 2-22-2022)

Generators that are persons residing in single-family homes or multi-family properties of four units or less are considered residential organic waste generators for the purposes of this chapter. Residential organic waste generators shall comply with the following requirements:

A.

Subscribe to organic waste collection services provided through the city of Exeter's franchised hauler.

B.

Generators may additionally manage their organic waste by preventing or reducing their organic waste and/or managing organic waste on site pursuant to 14 CCR Section 18984.9.c.

C.

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

(Ord. No. 699, §1, 2-22-2022)

Generators that are commercial businesses, including multi-family properties of five units or more, must arrange for the recurring collection and recycling of solid waste as follows:

A.

Subscribe to collection services provided by a city franchisee. City shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the city.

B.

Participate in organic waste, non-organic recyclables, and/or other solid waste collection services provided by franchisee in order to comply with state law. Participation includes placing designated materials in designated containers. Commercial businesses not subscribing to such service with a franchisee, shall make available to the city: (1) acceptable proof that a recycling program and/or organic waste recycling program is in place; (2) that program(s) includes all materials that require diversion under state law; and (3) that the generator provides the city with the program provider's name, contact information, and the volume or weight of recyclable organic and or non-organic materials collected on a quarterly or annual basis, in the form and format required by the city.

C.

Supply and allow access to an adequate number, size, and location of collection containers with sufficient labels or colors to conform to the collection programs subscribed to through the franchisee or otherwise.

D.

Commercial businesses, excluding multi-family dwellings, shall provide containers for the collection of 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:

A body or lid that conforms with the container colors provided through the collection service provided by the franchisee; or

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 to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

E.

Commercial businesses, excluding multi-family dwellings, shall, to the extent practical through education, training, inspection and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the franchisee's collection service.

F.

Commercial businesses, excluding multi-family dwellings, shall periodically inspect 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.

G.

Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of discarded materials.

H.

Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to place designated materials in designated containers, the location of designated containers, and the associated rules governing their use at each property.

I.

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

J.

If a commercial business wants to self-haul, it must meet the self-hauler requirements in Section 4-1-11 of this Code.

K.

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

L.

Commercial businesses that are Tier One or Tier Two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 4-1-9.

M.

On or after September 15, 2020, a business that generates two cubic yards or more per week of commercial solid waste, as defined in Public Resources Code Section 42649.1, per week, shall arrange for recycling services specifically for organic waste.

N.

Commercial businesses, including multi-family dwellings, that subscribe to landscaper services shall provide to the city all information required to determine if these collections satisfy SB 1383 requirements, in the form and format required by the city.

O.

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

(Ord. No. 699, §1, 2-22-2022)

Waivers for physical de minimis volumes, physical space limitations, and/or collection frequency may be granted by the city if the following conditions are met:

A.

De minimis waivers may be granted to a commercial business, at the city's sole discretion. Such action would waive some or all of the organic waste requirements of this title if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described below. Commercial businesses requesting a de minimis waiver shall:

Submit an application or complete a city-provided form specifying the services that they are requesting a waiver from.

Provide documentation that either:

a.

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

c.

Notify city if circumstances change such that commercial business' organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

d.

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

B.

Physical space waivers may be provided to waive a commercial business' or property owner's obligations (including multi-family 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 lacks 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:

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

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.

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

(Ord. No. 699, §1, 2-22-2022)

A.

Franchised haulers authorized to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its permit conditions and/or franchise agreement.

B.

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

(Ord. No. 699, §1, 2-22-2022)

Requirements for commercial edible food generators:

A.

Tier One commercial edible food generators must comply with the requirements of this chapter 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:

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

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.

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

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

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.

No later than February 1st of each year commencing no later than calendar year 2022 for Tier One commercial edible food generators and calendar year 2024 for Tier Two commercial edible food generators, provide an annual food recovery report to the city in the form and format established by the public works director.

D.

Nothing in this Code 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. 699, §1, 2-22-2022)

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):

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

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

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

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):

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

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

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

C.

Food recovery organizations and food recovery services that have their primary address physically located in the jurisdiction 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 jurisdiction it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 1 of the following year.

D.

Food recovery capacity planning:

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

(Ord. No. 699, §1, 2-22-2022)

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

Delivery receipts and weight tickets from the entity accepting the waste.

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

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 multi-family self-haulers) shall provide information collected to the city if requested.

E.

A residential organic waste generator that self-hauls organic waste is not required to record or report information to the city.

(Ord. No. 699, §1, 2-22-2022)

A.

City representatives and/or its designated entity are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section itself does not allow city staff or the city's designated officials to enter the interior of a private residential property for inspection unless otherwise authorized to do so. For the purposes of inspecting commercial business containers for compliance with this section, the 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 this section.

B.

Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment; or (iii) access to records for any inspection or investigation is a violation of this Code and may result in civil citations and any of the other penalties included in this chapter.

C.

Any records obtained by the city during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

D.

City representatives, its designated entity, and/or designee are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

E.

City shall receive written complaints from persons regarding an entity that may be potentially non- compliant with SB 1383 Regulations, including receipt of anonymous complaints.

(Ord. No. 699, §1, 2-22-2022)

A.

Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by the city public works director, city code enforcement officer, or representative. Enforcement actions under this chapter include but are not limited to issuance of a civil citation and assessment of a fine pursuant to Title 1 Chapter 1.13 of the Exeter Municipal Code. Any violation of this chapter may also be enforced pursuant to any other remedy authorized by law or in equity.

Responsible Entity for Enforcement.

a.

Enforcement pursuant to this chapter may be undertaken by the city public works director, city code enforcement officer, or a county agency public official, if so designated.

b.

City public works director will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.

c.

City public works director may issue notices of violation(s).

B.

Process for Enforcement.

City public works director and/or designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Section 4-1-13 establishes city's right to conduct inspections and investigations.

City may issue an official notification to notify regulated entities of its obligations under the ordinance.

City may issue a notice of violation requiring compliance within sixty days of issuance of the notice.

Absent compliance by the respondent within the deadline set forth in the notice of violation, city may commence an action to impose penalties, via an civil citation and fine as set forth herein.

a.

Civil Penalty Amounts for Types of Violations. The amount of civil penalties for each volition a shall be as adopted by resolution of the city council that is consistent with the applicable requirements prescribed in Government Code Sections 53069.4, 25132, and 36900.

C.

Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, city will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city 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 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.

D.

Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the jurisdiction 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 if necessary, take enforcement action consistent with violations of the city of Exeter Municipal Code. At the discretion of the public works director, the city may also use the other remedies available within the Exeter Municipal Code.

E.

Compliance Deadline Extension Considerations. The jurisdiction may extend the compliance deadlines set forth in this chapter if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

Delays in obtaining discretionary permits or other government agency approvals; or,

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.

(Ord. No. 699, §1, 2-22-2022)