Farmersville Municipal Code Ch. 8.05 Recycling of Organic Waste

Notwithstanding any other provision in this code, the following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

A. "Business" shall have the same meaning prescribed by California Public Resources Code Section 42649.8 or successor statute, as may be amended from time to time, which includes but is not limited to commercial businesses, public agencies and multi-family dwellings.

B. "Hauler" shall have the same meaning defined in Section 8.04.040 of this code.

C. "Organic waste" shall have the same meaning prescribed by California Public Resources Code Section 42649.8 or successor statute, as may be amended from time to time, and shall include green waste as defined by Section 8.04.040 of this code.

D. "Organic waste recycling ordinance" refers to this chapter of the Farmersville Municipal Code and the ordinance enacting it.

E. "This code" and "FMC" refer to the Farmersville Municipal Code.

(Ord. No. 471, § 1, 5-23-2016)

A. A hauler operating within the City of Farmersville must make available to all businesses and residents of the City of Farmersville the organic waste recycling service described in either subsection (b)(1) or subsection (b)(3) of California Public Resources Code Section 42649.81, which must include a collection cycle which coincides with the collection of other integrated waste as provided in Section 8.04.250 of this code and complies with said section of this code. The organic waste recycling services provided by a hauler must ensure that the organic waste goes through either a source separated or mixed processing system as identified in Public Resources Code Section 42679.82(c)(3).

B. The charges for receipt of organic waste recycling services from a hauler shall be established as provided in Section 8.04.290 of this code. Pursuant to Public Resources Code Section 42649.85, the City of Farmersville may, by a resolution of the city council duly adopted after a public hearing, establish and charge each organic waste generator a fee sufficient to recover the city's costs incurred in complying with Chapter 12.9 of Part 3 of Division 30 of the Public Resources Code. Charges and fees hereunder shall be collectable jointly with invoices issued pursuant to Section 8.04.300 of this code.

C. Education and Outreach. All hauler education and outreach to the City of Farmersville, and its businesses and residents, which is provided pursuant to Chapter 8.04 of this code, including under Section 8.04.160 thereof, must cover the topic of organic waste recycling.

D. Customer Compliance Program. A hauler must implement customer compliance program, which periodically estimates the amount of organic waste generated by each business to which the hauler provides any service within the City of Farmersville, in order to determine if organic waste recycling services are required to be arranged under the terms of this chapter of the FMC. A hauler's customer compliance program must be approved by the city manager or his/her designee and need not cover any business which already receives organic waste recycling services. A customer compliance program which consists of periodic random assessments and inspections, of the waste generated by random business customers who do not already receive organic waste recycling services, shall be deemed sufficient if it requires the hauler to document the results of each such assessment and inspection on a standard form approved by the city manager or his/her designee.

E. Notifications. A hauler must within ten business days notify, in writing, each business of the need to receive organic waste recycling services, and the hauler's reasonable requirements for receipt of such services, whenever it becomes reasonably apparent to the hauler that such services are required by this chapter of the FMC, Public Resources Code Section 42649.81 and any other applicable law, or the business is a customer who is not in compliance with the organic waste services requirements reasonably imposed by the hauler. The hauler must follow up with a business receiving any such notice within a reasonable time, not to exceed thirty days, to inspect and assess whether said business appears to have come into compliance with matters identified in the written notice from the hauler. If reasonable steps to cure any non-compliance have been commenced by the business, the hauler may schedule a second follow-up assessment and inspection, not to exceed ninety days after the original notice, to assess whether said business appears to have come into compliance with matters identified in the written notice from the hauler. Upon a second or further consecutive instance of apparent non-compliance with the same requirement, the hauler must provide written notice within ten days to the City of Farmersville of all apparent items of non-compliance.

F. Periodic Reports from Hauler. A hauler must periodically, and no less than quarterly, provide an accurate written report, which may be combined with a report provided pursuant to FMC Section 8.04.150, to the city council covering all of the following:

1. Any data and other information that cities are required to compile under federal and state law pertaining to organic waste recycling;

2. The number of known businesses within the City of Farmersville which are required to by state or federal law to engage organic waste recycling and the number of them which are engaged in organic waste recycling;

3. On and after August 1, 2017:

a. The progress achieved in increasing compliance from businesses with organic waste recycling service requirements;

b. The progress achieved in education and outreach pertaining to organic waste recycling requirements;

c. The progress achieved in identification and monitoring of compliance of businesses who are required to engage in organic waste recycling;

d. Concerns and issues with any exemptions (if any) provided for in this Chapter of the FMC; and

e. Concerns and other issues with the City of Farmersville's enforcement efforts, if any.

G. City Reports to State of California. The city manager or designee must ensure that all reports required by Public Resources Code Section 42649.82(f) and the California Department of Resources Recycling and Recovery, or its successor agency, are timely prepared and obtain approval of the city council at least thirty days prior to the deadline for their submittal to the appropriate state agency.

(Ord. No. 471, § 1, 5-23-2016)

A. Each of the following businesses within the City of Farmersville, including all multi-family properties within the City of Farmersville with five or more units, must within the later of thirty days after enactment of this ordinance or after reaching the threshold below applicable to such business, arrange for and thereafter maintain periodic collection and recycling services from a hauler, for all organic waste generated by the business within the City of Farmersville:

1. On and after April 1, 2016, a business that generates eight cubic yards or more of organic waste per week;

2. On and after January 1, 2017, a business that generates four cubic yards or more of organic waste per week;

3. On and after January 1, 2019, a business that generates four cubic yards or more of commercial solid waste; and

4. On or after January 1, 2020, if the state department of resources recycling and recovery determines that statewide disposal of organic waste has not been reduced to fifty percent of the level of disposal during 2014, a business that generates two cubic yards or more per week of commercial solid waste, unless the department of resources recycling and recovery determines that requiring organic waste recycling by such a business will not result in significant additional reductions of organics disposal.

B. A business which provides property management services and which receives integrated waste collection services for any commercial, institutional or multi-family residential property with five or more units, is required to contract or otherwise make available organic waste recycling services for the occupants of such properties after the requirements of subsection (a) of this section are triggered.

C. Each business within the City of Farmersville must not interfere with any city or hauler assessment or inspection of its waste carried out under Chapter 8.04 and Chapter 8.05 of this code.

(Ord. No. 471, § 1, 5-23-2016)

Each violation of any provision of this chapter is hereby declared to be a public nuisance and may be abated pursuant to all available remedies.

(Ord. No. 471, § 1, 5-23-2016)

Violations of this chapter may be enforced under any applicable law. Notwithstanding any other provision of the code, a violation of this chapter shall not constitute a misdemeanor.

(Ord. No. 471, § 1, 5-23-2016)