Article IV — MANDATORY ORGANIC WASTE DISPOSAL REDUCTION

Single-family organic waste generators, except generators that meet the self-hauler requirements in section 24-67 of this chapter, shall comply with the following requirements:

(1)

Generators shall subscribe to the city's s organic waste collection services. Generators shall participate in city's s organic waste collection services by placing designated materials in designated containers. The 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; a generator shall adjust its service level for its collection services as requested by the city.

a.

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 black container waste in the black container. Generators shall not place materials designated for the black container into the green container or blue container.

b.

Food waste shall be placed in the green container in a manner consistent with the solid waste collector's instructions on use of the green container, e.g., placing identified food wastes in plastic bags before placement in the green container, as applicable.

(2)

Generators shall not place prohibited container contaminants in collection containers.

(3)

Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(Ord. No. 1890, § 1(Exh. A, § 24-21), 2-22-2022)

Organic waste generators that are commercial businesses, including multi-family residential dwellings, shall:

(1)

Subscribe to the city's organic waste collection services. Generators shall participate in and comply with the city's organic waste collection services by placing designated materials in designated containers. Generators shall not place prohibited container contaminants in collection containers. The 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.

a.

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 black container waste in the black container. Generators shall not place materials designated for the black container into the green container or blue container.

b.

Food waste shall be placed in the green container in a manner consistent with the solid waste collector's instructions on use of the green container, e.g., placing identified food wastes in plastic bags before placement in the green container, as applicable .

(2)

Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors (conforming with Subsections (3)a. and (3)b. below) for employees, contractors, tenants, and customers.

(3)

Excluding multi-family residential dwellings, provide containers for the collection of source separated 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.

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

b.

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.

(4)

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

(5)

To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's color code container collection service.

(6)

Excluding multi-family residential dwellings, periodically inspect organic waste collection containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.

(7)

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

(8)

Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials and the location of containers and the rules governing their use at each property.

(9)

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

(10)

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).

(11)

Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements pursuant to section 24-64.

(12)

Failure to comply with the provisions of this section is a violation of this article and may result in the penalties described in section 24-69.

(Ord. No. 1890, § 1(Exh. A, § 24-22), 2-22-2022)

The city, at its sole discretion and in accordance with 14 CCR 18984.11, may elect to provide any, all, or none of the waivers listed below:

(1)

De minimis waivers. The 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 article if the commercial business provides documentation that the business generates below a certain amount of

organic waste material as described in subsection (1)b. below. Commercial businesses requesting a de minimis waiver shall:

a.

Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (1)b. below.

b.

Provide documentation that either:

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

The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a recyclable materials or organic waste containers 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's 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 a de minimis waiver.

(2)

Non-transferable physical space waivers. 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. A commercial business or property owner may request a physical space waiver through the following process:

a.

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

b.

Provide documentation that the premises lacks adequate space for recyclable materials containers and/or organic waste containers including documentation from its hauler, licensed architect, or licensed engineer.

c.

Provide written verification to the city that it is still eligible for physical space waiver annually if city has approved an application for a physical space waiver.

(3)

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

(4)

Review and approval of waivers. Any waivers available under this section shall be reviewed and approved by the city manager or designee.

(Ord. No. 1890, § 1(Exh. A, § 24-23), 2-22-2022)

(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: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

(3)

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

(4)

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

(5)

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

a.

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

b.

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

c.

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

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

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

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

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 article 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. 1890, § 1(Exh. A, § 24-24), 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):

(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 shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).

(d)

Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) April 1 upon request from the city.

(e)

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.

(Ord. No. 1890, § 1(Exh. A, § 24-25), 2-22-2022)

(a)

Requirements for haulers.

(1)

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

a.

Through written notice to the city on or before the effective date of the agreement or most recent amendment and annually thereafter on or before the anniversary of the effective date, identify the facilities to which they will transport organic waste, including facilities for source separated recyclable materials and source separated organic waste.

b.

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

c.

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

(2)

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

(2)

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

(Ord. No. 1890, § 1(Exh. A, § 24-26), 2-22-2022)

(a)

Self-hauling of solid waste, in lieu of subscribing to the city's collection service under this chapter, shall be permitted only for residential customers or occupants of residential premises who have received a variance under sections 24-63, or for residential customers or occupants of residential premises hauling recyclable materials to sell or donate as allowed under section 24-3(f). Self-hauling of solid waste, recyclable materials and/or organic waste shall not be permitted for commercial or industrial customers, or for construction contractors with respect to construction and demolition debris.

(b)

Each person removing solid waste, organic waste or recyclable from his own residential premises shall deposit such only at authorized sites and shall not deposit, leave, dump, drop, place or otherwise dispose of such solid waste or other waste upon any street, alley, waterway or other unauthorized or unimproved lot or land within the city.

(1)

Self-haulers shall source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city's organics and recycling collection program) 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.

(2)

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)

Each person conducting a self-haul shall be in vehicles which are adequately covered to prevent the blowing out of solid waste.

(d)

Nothing in this chapter shall be taken as forbidding or curtailing an individual's right to collect, donate, transport, dispose of or recycle his or her own solid waste or the solid waste from his or her premises over which he or she has control, in addition to subscribing to the required service.

(Ord. No. 1890, § 1(Exh. A, § 24-27), 2-22-2022)

(a)

City enforcement officer or its designee 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 article 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 the 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 representative 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 article described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any inspection or investigation is a violation of this article and may result in penalties described.

(c)

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

(d)

City enforcement officer or its designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this article, subject to applicable laws.

(e)

The 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. 1890, § 1(Exh. A, § 24-28), 2-22-2022)

(a)

Violation of any provision of this article shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city's enforcement official or representative. Enforcement actions under this section are issuance of an administrative citation and assessment of a fine. Except as otherwise required by the SB 1383 Regulations, 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 article and any rule or regulation adopted pursuant to this article except as otherwise indicated herein. Fines shall be the minimum amounts required by the SB 1383 Regulations.

(b)

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

(Ord. No. 1890, § 1(Exh. A, § 24-29), 2-22-2022)