Firebaugh Municipal Code § 13-2 Garbage, Green Waste, Recyclable Materials and Rubbish Collection

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 358, 85-4, 98-5 and 00-12.

[Ord. #04-01, S2]

As used in this section:

a. BULK REFUSE – shall mean construction rubbish too large to be reasonably placed in a solid waste container (including but not limited to lumber, pipes, masonry, concrete and cement), tree stumps, abandoned vehicles or parts thereof, and like items.

b. COLLECTOR – shall mean the officer or employees of the City, or in the event the City has contracted as hereinafter provided to have the garbage, green waste, recyclable material and/or rubbish collection and disposal handled through contract, an agent or employee, or the agents or employees, of the person or agency or organization with whom the City shall have contracted, who collect, transport through the streets, alleys or public ways of the City and dispose of refuse, garbage, green waste, recyclable materials and/or rubbish produced within the City.

c. COMMERCIAL CONTAINER – shall mean a container provided by a commercial, office, industrial or government customer, or by the collector to such customer, usually three cubic yards, more or less, in capacity, designed for the deposit of solid waste, placed by the customer or collector at commercial, office, industrial or government premises for the collection of commercial or industrial solid waste and charged at commercial rates. Commercial containers do not include construction rubbish containers placed at residential premises. All commercial containers shall have operating lids that shall be maintained by the customer or the collector, whoever is the provider, in good working order to provide an effective seal at the top of the container, as required by paragraph a of subsection 13-2.7.

d. COMMERCIAL, OFFICE INDUSTRIAL OR GOVERNMENT PREMISES – shall mean all premises in the City, other than residential premises, where commercial or industrial solid waste is generated or accumulated.

e. COMMERCIAL OR INDUSTRIAL SOLID WASTE – shall mean all types of solid waste generated or accumulated at commercial, office, industrial or government premises and placed in commercial containers for accumulation and collection. Commercial or industrial solid waste does not include residential solid waste or recyclable material.

f. CONSTRUCTION RUBBISH – shall mean brick, stone, mortar, drywall, concrete, asphalt, asphaltic/concrete paving materials, demolished or discarded building materials, rubble or other combustible or noncombustible debris incident to construction, repair, rehabilitation or demolition of buildings, public highways, streets, bridges, parking lots, roadways, alleys, water lines, sewer lines, natural gas lines, electrical power lines, other utility facilities or other public infrastructure.

g. CONTAINER – shall mean residential, commercial, industrial and government bins and cans approved by resolution of the council for the accumulation and collection of refuse, garbage, rubbish, recyclable materials, green waste or other solid waste within the City. All containers shall have operating lids that shall be maintained in good working order to provide an effective seal at the top of the container, as required under paragraph a of subsection 13-2.7.

h. DUMP GROUNDS, CITY DUMP, AND DUMP – shall mean any property the City shall designate at any time to be used for the disposal of any or all refuse, garbage, rubbish or other waste material that may accumulate within the City, and may include any property under the control of a person, agency or organization other than the City or under the joint control of the City and some other person, agency or organization.

i. DANGEROUS MATERIALS – shall mean any materials, either combustible or noncombustible, which are poisonous, including insecticides, herbicides, fungicides, or any substance with any active agent that is injurious to plant, animal or human life.

j. GARBAGE – shall mean organic refuse of animal, fish, fruit or vegetable origin, including but not limited to household, commercial and industrial food waste, or such organic refuse which may attract or propagate flies, vermin or vectors, or create offensive odors.

k. GREEN WASTE – shall mean leaves, grass, clippings, weeds, tree trimmings, untreated wood waste, shrubbery cuttings, dead plants and similar organic material which may be effectively composted. Green waste does not include plant material that is classified as food material.

l. HAZARDOUS WASTE – shall mean any waste materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste" under the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. § 3251 et seq.), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. § 6901 et seq.) and all future amendments to either; defined as "hazardous waste" under California Public Resources Code § 40141; or defined as hazardous waste by agencies of the State, including but not limited to the California Integrated Waste Management Board and the Department of Health Services. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term hazardous waste shall be construed to have the broader, more encompassing definition.

m. RECYCLABLE MATERIAL – shall mean solid waste material such as newspapers, printed matter, paper products, aluminum cans, other cans, glass, beverage containers, bottles, plastic containers and material (polyethylene teraphthelate and high density polyethylene plastic), pasteboard, corrugated cardboard and other items that through a process of collecting, sorting, cleansing, treating and reconstituting is returned to the economic mainstream in the form of raw material for new, reused, remanufactured, reprocessed or reconstituted products which meet the quality standards necessary to be used in the market place and consistent with the requirements of the California Integrated Waste Management Act.

n. RECYCLING SERVICE – shall mean the program by which the City, itself or by agreement with designated collector, collects recyclable materials from residential, commercial, office, industrial and government customers of the refuse, garbage and rubbish collection services subject to this section. Under the recycling service, recyclable materials shall be placed in special containers, blue in color and approved by resolution of the council, and such containers shall be placed at curbside for collection by the City's authorized collector. The collection of recyclable materials shall be by a schedule that may be separate and different from the schedule for collection of refuse, garbage, green waste and rubbish. The recycling service program shall comply with the requirements of the California Integrated Waste Management Board, shall be approved by resolution of the council, and shall be set forth in the City's contract with the designated recycling collector, if any.

o. RUBBISH – shall mean combustible materials, including, but not limited to, boxes, barrels, wood, tree branches, yard trimmings, wood furniture and bedding, and noncombustible materials including, but not limited to, metals, tin cans, metal furniture, dirt, glass, crockery and minerals, and shall include construction rubbish; provided that rubbish shall not include green waste, recyclable materials or bulk refuse as hereinabove defined.

p. SOLID WASTE – shall mean garbage, green waste, recyclable material, rubbish, bulk refuse and all other "solid waste" as defined under California Public Resources Code § 40191, as amended from time to time.

[Ord. #04-01, S2]

The City, in order to more effectively promote and protect public health and safety, reduce the dangers and hazards of fires and conflagrations, control vermin and vectors, limit sources of noise, and promote economies and efficiencies in delivery of municipal services in the City, reserves to itself the sole and exclusive right to collect, transport and dispose of all garbage, green waste, recyclable materials, rubbish produced, found and accumulated within the City, or to designate one or more persons to collect all or part of such matter.

[Ord. #04-01, S2]

The City may by resolution award and give the right to haul and transport all garbage, green waste, recyclable materials, rubbish and/or other solid waste produced or accumulated in the City over and upon the public streets and alleys in the City, to such person or persons as in the judgment of the council seems best and upon such terms as the council may determine, including the payment of any franchise fee for the privilege.

[Ord. #04-01, S2]

It shall be mandatory for every occupied property within the City to receive garbage, green waste, recycling and rubbish collection service from the City or its designated collector.

[Ord. #04-01, S2]

No person shall haul or transport over and upon the public streets and alleys in the City any garbage, green waste, recyclable materials, rubbish or other solid waste (other than garbage, waste material, green waste, recyclable material, rubbish or other solid waste from the property owned or occupied by such person), without first having been awarded and given the right by the City to engage in the business of removing and disposing of garbage, green waste, recyclable materials, rubbish and/or other solid waste within the City, and having obtained all permits required by the City, state or federal governments.

[Ord. #04-01, S2]

Each person or firm that provides recycling service or otherwise collects or removes recyclable materials within the City shall file an annual report with the director of public works, during the month of February of each year, listing the types and total weights of all recyclable materials collected during the previous calendar year.

[Ord. #04-01, S2]

a. General. The occupant, tenant or lessee of any house, dwelling, flat, apartment building, mobile home, motel, hotel, restaurant, or any other place of business or residence within the City where solid waste is produced or accumulated shall obtain and keep, in the manner as hereinafter provided, one or more separate watertight metallic or rubber or plastic containers for receiving and holding all the solid waste, including separate garbage and rubbish, green waste and recyclable material containers, which accumulates on the premises between the times of successive collections. Containers for recyclable materials shall be blue in color. Containers for green waste shall be green in color. Containers for garbage, rubbish and all other solid waste shall be brown or black in color. Such containers shall have suitable handles, shall be maintained in well-kept, clean and sanitary condition, and shall be equipped with a tight-fitting cover which shall be kept in place and completely closed to prevent spillage of contents and attraction or propagation of vermin or vectors. Containers used by a residential, commercial, office, industrial or government customer, or by a multiple-family premises, shall be of a type and size approved by the director of public works for that type of customer.

The City, in its sole discretion, may itself provide to the solid waste customer any of the containers required by this subsection 13-2.7. Alternatively, the City, in its sole discretion, may cause its collector to provide any of the containers required by this subsection. If the City does not so elect, each solid waste customer shall be responsible for providing containers complying with this subsection 13-2.7.

b. Garbage and Rubbish. All garbage and rubbish accumulated at single-family residences, except as provided in paragraph e of this subsection 13-2.7, shall be placed in a container meeting the requirements of paragraph a. Garbage and rubbish containers for commercial, office, industrial or government establishments, or for multiple-family premises, shall also be in accordance with the above provisions, unless containers of a different type and size have been approved or required by the director of public works.

c. Green Waste Collection. Notwithstanding any other provisions of this section, every solid waste collection customer in the City shall participate in the program established by the City for separating green waste from garbage and recyclable material prior to pickup of solid waste. The City's green waste program shall be established by resolution of the council and shall be included as part of any City contract with a designated green waste collector. Each customer shall separate all green waste from garbage and recyclable material prior to pickup of solid waste, shall obtain and use a separate suitable container, meeting the requirements of paragraph a of this subsection and green in color, and, except as provided in paragraph e of this subsection, shall place all green waste only in such container for collection. Such container shall be placed by the customer in a location determined by the City and shall be made available for collection by the City or its collector at the designated green waste collection day and time.

d. Collection of Recyclable Material. Notwithstanding any other provisions of this section, every solid waste collection customer in the City shall participate in the program established by the City for separating recyclable material from garbage, rubbish and green waste prior to pickup of solid waste. The City's recycling service program shall be established by resolution of the council and shall be included as part of any City contract with a designated recycling service collector. Each customer shall separate all recyclable material from garbage, rubbish or green waste prior to collection, shall obtain and use a separate suitable container, meeting the requirements of paragraph a of this subsection and blue in color, and shall place all recyclable materials only in such container for collection. Such container shall be placed by the customer in a location determined by the City and shall be made available for collection by the City or its collector at the designated recyclable material collection day and time.

e. Exceptions. The following articles of solid waste will be collected from single-family residences even though not in containers; provided, that the same are packaged or tied as indicated below, and such package or bundle does not exceed 70 pounds in weight:

1. Magazines and newspapers will be collected only when securely tied in bundles or in boxes.

2. Cardboard will be collected only when securely tied in bundles, and boxes made of cardboard shall be flattened prior to being tied.

3. All green waste consisting of tree, shrub or bush trimmings which have been cut and tied and bundled, such bundles not to exceed four feet in length or 12 inches in diameter.

[Ord. #04-01, S2]

a. All garbage and rubbish, green waste and recyclable material containers for all single-family residential lots, whether or not adjacent to a public alley, shall be placed within the curbline in the front yard of such lot no sooner than noon of the day preceding the scheduled day of collection, and no later than prior to the scheduled time of collection on the scheduled day of collection. The empty containers shall be removed from within the front yard curbline no later than 12 hours following the actual collection. At all other times garbage and rubbish, green waste and recyclable material containers for single-family residential lots shall be stored at a location on the lot no closer than the front yard setback line as required under Chapter 25, Zoning. Any garbage and rubbish, green waste or recyclable material container stored in the front yard area or side yard area of such lot shall be screened from view of the street and adjacent lots.

b. All garbage and rubbish, green waste and recyclable material containers for commercial, industrial, office or government establishments and multiple family units shall be stored at a location approved in writing by the director of public works.

c. The collector shall not be required to collect any garbage, rubbish, green waste or recyclable material which has not been placed in an approved container and located for collection in accordance with paragraphs a or b of this subsection.

d. Until garbage, rubbish, green waste or recyclable material is collected, the owner, occupant or other person in charge of day-to-day operation of each residential, commercial, industrial, office or government premises or establishment shall be responsible for the immediate cleanup of any garbage, rubbish, green waste or recyclable material that is spilled, leaked, emptied, discarded or disposed of into the environment or which otherwise is located outside the appropriate container. This responsibility applies as follows:

1. The owner, occupant or other person in charge of the day-to-day operation of the premises or establishment shall undertake cleanup immediately at the time (or as soon thereafter as practicable) when a spill, leak, emptying, discard or disposal has occurred due to any circumstances, whether by human or animal interference with a container, wind or other natural forces, or remaining following collection or removal by the collector.

2. Any person removing, collecting or transporting garbage, rubbish, green waste or recyclable material shall clean up immediately at the time (or as soon thereafter as practicable) any spill, leak, emptying, discard or disposal occurs during the removal, collection or transport.

3. Any and all costs and expenses incurred by the City or on the City's behalf in investigating and cleaning a spill or release of garbage, rubbish, green waste or recyclable material not timely cleaned up by the owner, occupant, collector, transporter or other responsible person may be assessed against such responsible person. Such costs and expenses shall include without limitation all administrative expenses, legal fees and costs incurred by the City in investigating and cleaning the spill or release.

e. No person other than the owner, occupant or other person in charge of the day-to-day operation of the premises or establishment, or employees of the City or its collector, shall interfere in any manner with any container or the contents thereof, or move any container or remove the contents thereof from the location where the container is placed.

[Ord. #04-01, S2; Ord. #08-05, S1; Ord. #12-01, S1]

a. The collection rates for collection service shall be established from time to time by the City Council by resolution. The collection rates shall include a surcharge to residential customers for each garbage and rubbish container (other than containers for multiple family premises serving more than one family) placed for collection in excess of 90 gallons or three 30 gallon containers of garbage and rubbish per week.

b. The schedule of collection days, collection times and number of collections shall be established from time to time by the City Council by resolution. The City Council may establish different schedules for collection of garbage and rubbish, green waste and recyclable material.

c. Beginning on the last business day of May, 2009, if the charges for garbage, rubbish, green waste, and recyclable materials are not paid when due, a penalty of 10% of the amount of the delinquent charge shall be added and collected so long as said charge is paid within 30 days after the due date. Thereafter, a late charge of 1 1/2% per month shall be added to the delinquent charges until paid. Any partial payment of charges will be first credited to pay any accrued penalties and late charges. A customer who is disconnected for nonpayment shall be charged a reconnection charge as established and set forth from time to time by resolution of the City Council. The collection rates established by the City Council for garbage, rubbish, green waste, and recyclables shall be collected by the City on the same utility bill for which water and sewer charges are charged by the City. It is the responsibility of the customer to pay charges for garbage, rubbish, green waste, and recyclables at the same time as payment is made for water and sewer charges and partial payments will not be accepted. The procedure for utility shut-offs as described in subsection 15-1.6 through 15-1.8 of the Firebaugh Municipal Code shall be triggered by nonpayment or partial payment of the rates established by the City Council for garbage, rubbish, green waste, or recyclable material.

[Ord. #04-01, S2]

No person shall bury any garbage, rubbish, green waste, recyclable material or other solid waste within the City; except, that (1) on issuance of a written permit from the director of public works, a person may bury approved construction rubbish or other rubbish for the purpose of grading of any property within the City; and (2) it shall not be unlawful for a person to bury green waste if the green waste either has been ground up for the purpose of composting or is such a type or texture that grinding up or chipping is not necessary in order to compost and/or mulch the green waste back into the soil.

[Ord. #04-01, S2]

No garbage, rubbish, green waste, recyclable material or other solid waste shall be burned within the City limits of the City.

[Ord. #04-01, S2]

Any person with rubbish which falls within the definition of bulk refuse, as defined in paragraph a of subsection 13-2.1, shall make prior arrangements with the collector for the collection of such bulk refuse and shall pay the piece rate for such collection as established by the collector, or shall obtain prior approval of the director of public works for other arrangements for the removal of bulk refuse; except that a person may remove bulk refuse from property owned or occupied by such person without prior approval of the director of public works.

[Ord. #04-01, S2]

Except as may be approved in writing by the director of public works for a commercial, industrial, office or government establishment or a multiple family unit under paragraph b of subsection 13-2.8, no garbage, rubbish, green waste, recyclable material, bulk refuse or other solid waste, whether or not in a receptacle or container, and no other articles of personal property, shall be stored or placed in public alleys of the City.

[Ord. #04-01, S2]

a. It shall be unlawful for any person to throw, deposit, store, or cause to be thrown, deposited or stored, any solid waste matter or any other article of personal property in or upon any vacant lot, street, alley, gutter, highway, park or other public place, or to keep any garbage, rubbish, green waste, recyclable material or other solid waste matter, other than in the manner provided in this section.

b. It shall be unlawful for any person to uncover or leave a container of garbage, rubbish, green waste or recyclable material uncovered or not completely closed in compliance with paragraph a of subsection 13-2.7.

c. It shall be unlawful for any person other than a duly authorized collector of the City to collect, transport, burn, bury or dispose of any garbage, rubbish, green waste or recyclable material which has been placed for collection.

d. It shall be unlawful for any person owning or occupying any building, lot, or premises in the City to allow or permit any solid waste of any kind to collect and remain upon any such lot or premises except as expressly authorized by this section. This paragraph d shall not be construed to limit the use of a lot, parcel or other property for construction, repair, rehabilitation or demolition of buildings or structures; provided that, as a condition of issuance of a building or demolition permit, every owner, contractor or builder engaged in such construction, repair, rehabilitation or demolition shall provide and maintain one or more 100-gallon containers and a sufficient number of recyclable material containers at, or near, the building or structure for the disposal of any garbage, construction rubbish or other rubbish, recyclable material or other solid waste produced by the construction, repair, rehabilitation or demolition work or by the employees or workmen engaged in such work. Such containers shall be furnished at the expense of the contractor, builder or owner of the lot, parcel or property.

e. It shall be unlawful for any person to place, deposit or keep in any garbage and rubbish, green waste or recyclable material container designated for municipal collection any of the following: dead animals; wearing apparel, bedding, or other refuse from any premises where any highly infectious or contagious disease has prevailed; explosive substances; radioactive materials; drugs; poisons; or any other dangerous materials or hazardous waste. The owner or occupant of any premises or establishment where any such items are located shall immediately notify the county health officer and shall dispose of such items in accordance with his or her direction.

f. It shall be unlawful for any person other than a duly authorized collector of the City to pick up, collect, take, appropriate or remove any garbage, rubbish, green waste or recyclable material from any container after it has been placed in the designated location for collection. The owner or other occupant of the premises or establishment owns all garbage, rubbish, green waste and recyclable material until possession thereof is taken by the City's authorized collector, at which time ownership shall pass to the City.

g. It shall be unlawful for any person to fail to separate green waste from garbage, rubbish, recyclable material or other solid waste prior to collection, or to place any garbage, rubbish, recyclable material or other solid waste (except green waste) in the designated green waste container at the time of collection. If any person does not wish to participate in the City's green waste recycling program, that person shall provide for the recycling of his, her or its own green waste in compliance with this section, and shall not, in any event, discard into the City's solid waste stream green waste that is not in a separate colored green waste container meeting the requirements of paragraphs a and c of subsection 13-2.7.

h. It shall be unlawful for any person to fail to separate recyclable material from garbage, rubbish, green waste or other solid waste prior to collection, or to place any garbage, rubbish, green waste or other solid waste (except recyclable material) in the designated recyclable material container at the time of collection. If any person does not wish to participate in the City's recycling program, that person shall provide for the recycling of his, her or its recyclable material in compliance with this section, and shall not, in any event, discard into the City's solid waste stream recyclable material that is not in a separate colored recyclable container meeting the requirements of paragraphs a and d of subsection 13-2.7.

i. It shall be unlawful for any person to deposit garbage, rubbish, green waste, recyclable material, bulk refuse, dangerous materials, hazardous waste or other solid waste of any nature in the container of any other person, or to set out garbage, rubbish, green waste, recyclable material, bulk refuse, dangerous materials, hazardous waste or other solid waste for collection on or at another person's premises, establishment or property. It shall be unlawful for any customer of the City's solid waste collection service to permit or consent to another person depositing garbage, rubbish, green waste, recyclable material, bulk refuse, dangerous materials, hazardous waste or other solid waste of any nature in the customer's container, or to another person setting out garbage, rubbish, green waste, recyclable material, bulk refuse, dangerous materials, hazardous waste or other solid waste for collection at the customer's premises, establishment or property.

[Ord. #04-01, S2]

The director of public works, upon a receipt of a written request, may issue a permit authorizing the owner of property or his, her or its authorized agent to place building materials, construction rubbish and bulk refuse from any work of improvement temporarily on public property, subject to such limitations and conditions as the director of public works shall so describe in the permit issued. In no event shall such permit be valid for a period in excess of 60 days.

[Ord. #04-01, S2]

The director of public works may make such rules and regulations as are not inconsistent with the provisions of this section as may be necessary or desirable to aid in the administration or enforcement of the provisions of this section.

[Ord. #04-01, S2]

a. Any person who does any act declared to be unlawful under the provisions of this section or otherwise violates any provision of this section shall be guilty of a misdemeanor. Such person shall be guilty of a separate offense for each and every day or portion of a day during which any violation of any provision of this section is committed, continued or permitted by such person, and shall be punished accordingly.

b. As an alternative to criminal enforcement, the City has independent authority to civilly abate, as a public nuisance, any violation of this section pursuant to Code of Civil Procedure § 731 or chapter 16.5 of this code. Upon entry of a second or subsequent civil or criminal judgment against a person within a two-year period, finding that such person is responsible for a public nuisance under this section, the court may order that person to pay treble the costs of abatement pursuant to Government Code § 38773.7.

c. Without limitation on paragraphs a or b, any person who violates any provision of this section may be issued an administrative citation and penalty as provided in subsection 1-5.5 of this code.

[Ord. #04-01, S2]

No person shall encroach upon any public right-of-way of the City of Firebaugh unless and until such person first obtains and maintains in force and effect a valid encroachment permit issued by the City pursuant to subsection 13-2.19. For purposes of this section, the term "right-of-way" shall mean streets, sidewalks, alleys, easements or other interest in real property dedicated to the public use.

[Ord. #04-01, S2]

a. Upon written application therefor, the City manager, for temporary encroachments, or the City Engineer, for all other encroachments upon City sidewalks, rights-of-way or City property, or the director of public works, in the absence of the City Engineer and manager, may issue an encroachment permit only when the following conditions have been met:

1. The record owners of the real property benefited by or using the encroachment area have executed and recorded a covenant acceptable in form to the City attorney, indemnifying the City for all liabilities resulting from the use or occupation of the encroachment area;

2. An application for the encroachment permit has been completed on a form designated by the City that describes the purpose for the encroachment and the work to be done therein;

3. Applicable fees as established by resolution of the City Council, relating to the issuance of the encroachment permit, or associated costs, have been paid;

4. The City manager, director of public works or City Engineer determines that the issuance of the encroachment permit will meet a legitimate purpose of the applicant, and that such purpose cannot be feasibly accomplished by any means other than through the issuance of an encroachment permit; and

5. The City manager, director of public works or City Engineer determines that the issuance of an encroachment permit will not be detrimental to the public health, safety or welfare.

b. The applicant shall comply with all additional terms, conditions, and/or restrictions incorporated within the permit and/or covenant which the City manager, director of public works or City Engineer may impose.

c. The City may revoke an encroachment permit upon determining that the applicant has failed to comply with one or more of the terms, conditions or restrictions incorporated in the permit or covenant and, upon revocation, shall order the removal of any and all structures or improvements from the encroachment area.

d. The decision of the City manager, director of public works or City Engineer, as the case may be, with regard to the issuance of the encroachment permit or the imposition of any term, condition, or restriction imposed therein, may be appealed to the council, in writing, within 15 days after notice of that decision to the applicant.

[Added 12-20-2021 by Ord. No. 21-06]

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.

[Added 12-20-2021 by Ord. No. 21-06]

As used in this section:

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.

b. CALRECYCLE — means California's Department of Resources Recycling and Recovery.

c. CALIFORNIA CODE OF REGULATIONS or CCR — means the State of California Code of Regulations. CCR references in this section are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

d. 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 multifamily 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 section.

e. 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).

f. CONTAINER CONTAMINATION or CONTAMINATED CONTAINER — means a container, regardless of color, that contains Prohibited Container Contaminants.

g. C&D — means construction and demolition debris.

h. DESIGNEE — means an entity that a Jurisdiction contracts with or otherwise arranges to carry out any of the Jurisdiction's responsibilities of this section 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.

i. EDIBLE FOOD — means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this section 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 section 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.

j. ENFORCEMENT ACTION — means an action of the Jurisdiction to address non-compliance with this section including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

k. EXCLUDED WASTE — means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, 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.

l. 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).

m. 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.

n. 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 section and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

o. 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.

p. 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).

q. 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, and pizza boxes.

r. FOOD WASTE — means food scraps and food-soiled paper.

s. GREEN WASTE — means leaves, grass clippings, brush, branches and other forms of organic matter generated from landscapes and gardens, separated from other forms of solid waste.

t. 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.

u. GRAY CONTAINER WASTE — means solid waste that is collected in a gray container that is not acceptable for placement in a blue or green container as part of a three-container collection service.

v. 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.

w. 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).

x. 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 ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).

y. 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 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 to this ordinance.

z. LARGE VENUE — means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance 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 section 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 section.

aa. 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).

bb. 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.

cc. 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).

dd. 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.

ee. ORGANIC WASTE — includes greenwaste and food waste.

ff. 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).

gg. 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.

hh. 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).

ii. RECYCLABLES — means those materials that by way of collecting, sorting, cleansing, treating, and reconstituting materials would otherwise become solid waste, and by processing can be returned to the economic main stream in the form of raw materials for new, reused, or reconstituted products. Recyclables include, but are not limited to, newsprint, mixed paper, aluminum, plastics, glass, metal, cardboard, chip board, junk mail, magazines, newspaper, books, computer paper, and the like.

jj. 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 gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

kk. 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).

ll. 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).

mm. 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.

nn. SB 1383 REGULATIONS or SB 1383 REGULATORY — means or refers to, for the purposes of this section, 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.

oo. SELF-HAULER — means a person, who hauls solid waste, he or she has generated using the generator's own equipment.

pp. SOURCE SEPARATED — means the segregation, by the generator, of materials designated for separate collection for some form of recycling, processing, recovery, or reuse.

qq. STATE — means the State of California.

rr. SUPERMARKET — means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), 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).

ss. 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 10,000 square feet.

3. Food Service Provider.

4. Food Distributor.

5. Wholesale Food Vendor.

tt. TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR — means a Commercial Edible Food Generator that is one of the following:

1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

2. Hotel with an on-site Food Facility and 200 or more rooms.

3. Health facility with an on-site Food Facility and 100 or more beds.

4. Large Venue.

5. Large Event.

6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

7. A Local Education Agency facility with an on-site Food Facility.

uu. WHOLESALE FOOD VENDOR — means a business or establishment engaged in the merchang 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).

[Added 12-20-2021 by Ord. No. 21-06]

Single-Family Organic Waste Generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in Section 13-2.20.8:

a. Shall subscribe to solid waste, organic waste, and segregated recyclable collection. 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.

Requirements for source separating solid waste.

1. All residential generators of solid waste shall be required to source separate materials into grey, blue, and green containers.

2. Generators shall place source separated organic waste, including food waste, in the green container; segregated 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.

3. Generators shall not place prohibited container contaminants in any container. City and City's authorized recycling agent reserve the right to inspect containers to determine if prohibited container contaminants are present and issue a warning or assess penalties and fines under this section.

[Added 12-20-2021 by Ord. No. 21-06]

Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:

a. Subscribe to City's three-container collection services as described in this subsection and compl with those services except those commercial businesses that meet the self-hauler requirements. 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. Requirements for source separating solid waste.

1. All commercial generators of solid waste shall be required to source separate materials into grey, blue, and green containers.

2. Generators shall place source separated organic waste, including food waste, in the green container; segregated 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.

3. Generators shall not place prohibited container contaminants in any container. City and City's authorized recycling agent reserve the right to inspect containers to determine if prohibited container contaminants are present and issue a warning or assess penalties and fines under this section.

c. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with City's blue container, green container, and gray container collection service or, if self-hauling, in compliance with program requirements as contained in this section.

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 Jurisdiction, 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. Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement pursuant to 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 Jurisdiction's blue container, green container, and gray container collection service.

g. Excluding multi-family residential dwellings, periodically inspect blue containers, green containers, 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 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 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 City or its agent to their properties during all inspections conducted in accordance with this section to confirm compliance with the requirements of subsection.

k. Accommodate and cooperate with Jurisdiction'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 this section.

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 in this section.

[Added 12-20-2021 by Ord. No. 21-06]

a. De Minimus Waiver: City may waive a commercial business' obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this section 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:

1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in paragraph a2 below.

2. 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 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 10 gallons per week per applicable container of the business' total waste.

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

4. Provide written verification of eligibility for de minimis waiver every 5 years, if City has approved de minimis waiver.

b. Physical Space Waiver: City may 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 lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of this section.

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 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 Jurisdiction that it is still eligible for physical space waiver every five years, if Jurisdiction has approved application for a physical space waiver.

[Added 12-20-2021 by Ord. No. 21-06]

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. 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:

(a) The collection of edible food for food recovery; or

(b) 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 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:

(1) The name, address and contact information of the food recovery service or food recovery organization.

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

(3) The established frequency that food will be collected or self-hauled.

(4) 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.

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).

[Added 12-20-2021 by Ord. No. 21-06]

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. 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 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 July 30th and upon the City's request.

d. Food Recovery Capacity Planning.

1. Food Recovery Services and Food Recovery Organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, 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.

[Added 12-20-2021 by Ord. No. 21-06]

a. Exclusive franchise hauler, non-exclusive franchised haulers, or permitted haulers 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 entered into with the City.

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 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.

[Added 12-20-2021 by Ord. No. 21-06]

a. Self-haulers shall source separate all recyclable materials and organic waste (materials that City otherwise requires generators to separate for collection in the City's organics and recycling collection program) generated on-site from organic waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2.

b. Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of solid 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.

c. Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in paragraph b to City, if requested.

d. A residential organic waste Generator that self hauls organic waste is not required to record or report information in paragraphs b and c.

[Added 12-20-2021 by Ord. No. 21-06]

a. City representatives and/or its designated entity, including designees 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 ordinance 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 does not allow City to enter the interior of a private residential property for inspection.

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 section 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 (iii) access to records for any inspection or investigation is a violation of this section and may result in penalties described.

c. Any records obtained by a 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 ordinance, 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.

[Added 12-20-2021 by Ord. No. 21-06]

a. Violation of any provision of this section shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a City Enforcement Official or representative. Enforcement Actions under this section are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this section, except as otherwise indicated in this section.

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

c. Responsible Entity for Enforcement. Enforcement pursuant to this section may be undertaken by the City Enforcement Official, which may be the City Manager or their designated entity, legal counsel, or combination thereof.

d. Process for Enforcement.

1. City Enforcement Officials and/or their designee will monitor compliance with this section randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Section 13-2.20.9 establishes Jurisdiction's right to conduct inspections and investigations.

2. The City may issue an official notification to notify regulated entities of its obligations under this section.

3. With the exception of violations of generator contamination of container contents, the City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.

4. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, Jurisdiction shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Firebaugh Municipal Code Chapter 1.

Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the Jurisdiction 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. Penalty Amounts for Types of Violations. The penalty levels are as follows:

1. For a first violation, the amount of the base penalty shall be $50 per violation.

2. For a second violation, the amount of the base penalty shall be $100 per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be $250 per violation.

f. Compliance Deadline Extension Considerations. The Jurisdiction may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this subsection 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.

g. Appeals Process.

Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation per Section 1-5.5.7 of the Firebaugh Municipal Code.

h. 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 ordinance 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.

i. Civil Penalties for Non-Compliance.

Beginning January 1, 2024, if the City 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 section, it shall document the noncompliance or violation, issue a Notice of Violation, and take enforcement action as needed.