Grass Valley Municipal Code Art. II Recyclable Materials, Organic Waste and Edible Food Recovery

A. The city council finds and determines that a municipal program for the collection and recycling of recyclable materials and organic waste within the city and the licensing of persons engaged therein, is in the public interest and serves to promote the general welfare of the city.

B. This article is enacted to increase participation rates, improve recyclable material recovery rates, reduce landfill dependency, and ultimately maintain a cost effective overall recyclable material and organic waste collection service program for the citizens, businesses and institutions of the city.

C. It is also recognized that the recyclable material and organic waste collection service program established in this article may be victimized by unauthorized scavengers and that the theft of recyclable materials before they can be picked up by the authorized collector would be destructive to the economic interest of the city at large, and the citizens, businesses and institutions in particular. It is the additional purpose of this article to define clear ownership of recyclable materials and organic waste and to provide for the protection of those ownership rights.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

A. Pursuant to the terms and conditions of any exclusive contract between the city and the authorized collector, the authorized collector shall provide suitable and sufficient containers to store source separated recyclable materials and source separated organic waste for each premise to be made available for curbside pickup. The color, style and markings of the containers shall be determined by the authorized collector and subject to approval by the city.

B. All such containers shall be and remain the property of the authorized collector, and shall not be used for any purpose other than the separation and curbside placement of recyclable materials and organic waste. Participating persons relocating out of the city shall leave all containers at the premises.

C. It is the duty of every generator in the city to maintain containers in a reasonably safe and secure manner; and all such containers shall be so placed and kept at the designated collection location so as to be readily accessible for removal and collection therefrom and placed such that they will not be a public nuisance or in any degree offensive.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

The city manager is empowered and directed to administer the provisions of this article, subject to such rules and regulations consistent herewith as may, from time to time, be established by the city council. The city manager shall further administer the provisions of this article subject to the terms of any agreement entered into by the city pertaining to recyclable material and organic waste collection and/or recycling, as such agreements may from time to time be amended. In the event that any provision of any such agreement is inconsistent with any provision of this article, the provisions of this article and this Code shall prevail.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

Upon the collection of recyclable material and organic waste at a designated collection location by an authorized collector, the recyclable material and organic waste shall become the property of the authorized collector.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

A. It is unlawful for any person to keep, deposit, bury or dispose of any recyclable material or organic waste, except as in this article provided, in or upon any private or public property, street, alley, sidewalk, gutter, park or upon the banks of any stream or creek in the city, or in or upon any of the waters of it; and every person in the city who disposes of recyclable material or organic waste shall dispose of same only in the manner provided in this article.

B. The city's designated enforcement agency is authorized to administer a SB 1383 permit system to monitor compliance with the requirements of this article. Generators are required to obtain an SB 1383 permit and pay associated application or enforcement fees, should such fees be incurred.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

A. A recyclable material and organic waste collection service program is established and shall be available to all persons, residents, businesses and institutions in the city for the purpose of providing for the orderly and regular collection of recyclable material and organic waste within the city under this program.

B. Every single-family dwelling unit or commercial business (throughout this chapter, commercial business includes multifamily residential dwellings of five or more units, unless otherwise excluded) in the city), except those single-family generators who meet the self-haul requirements contained in Section 8.24.280 of this chapter, shall be required to subscribe with the authorized collector for, recycling container and organics container collection; comply with the relevant sections of this chapter, state law and local ordinances; and to pay for the collection and disposal of such containers, unless commercial business owner receives a waiver as provided in this chapter.

C. No provision of this chapter shall be construed to prevent any person from self-hauling their own waste in their own vehicles or composting in the rear yard of their residence, provided that such composting does not constitute a nuisance to neighboring property because it is injurious to health or is offensive to the senses. Nor shall any provision of this chapter limit the right of any person to donate or sell recyclable materials.

D. Recyclable material and organic waste for donation, sale or collection by or to any person or entity other than the authorized collector, may not be stored or transferred by use of the containers described in this article, or any other containers used for recycling provided by the authorized collector. Storage of recyclable materials and organic waste at the designated collection location other than for pickup by the authorized collector as defined in this article, is prohibited.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

Generators subject to the requirements of the Act shall fully comply with all applicable requirements of the Act.

A. All generators in the city, except those that meet self-hauler requirements set forth in this chapter or commercial businesses that obtain a waiver pursuant to requirements in this chapter shall:

1. Prepare and separate those recyclable materials and organic waste that the city has contracted to pick up by the authorized collector from other garbage and solid waste as required in this section, and thereafter have the separated recyclable materials and organic waste placed within containers as required by this article, or within the designated collection location, which shall be collected by the authorized collector.

2. Participate in the collection services provided by the authorized collector, by placing designated materials in designated containers as described below, and not placing prohibited container contaminants in containers. Generators shall place source separated organic waste, in the organics container; source separated recyclable materials in the recycling container; and garbage in the garbage container. The franchised collector may, in its discretion, designate the categories of nonhazardous or toxic materials accepted in the organics container, recycling container or garbage container. Generators shall not place materials designated for the garbage container in the organics container or the recycling container.

3. Place recycling containers and organics containers for single-family residential premises at curbside for collection by the authorized collector; but shall not be placed at curbside earlier than twelve hours prior to the date and time for scheduled collection, nor left remaining at curbside longer than twelve hours following the date and time for scheduled collection.

4. Maintain garbage containers, recycling containers and organics containers in a sanitary condition at all times. Any bulky material must be reduced in size so that it may be placed in the appropriate container not overflowing and with the cover tightly closed and without excessive tamping, so that the container may be easily emptied.

5. Recycling containers and organics containers for multi-family, commercial and/or institutional locations shall be of a size and serviceability agreed to by the parties and thereafter placed at the designated collection location. Generators shall arrange for a sufficient number of such containers to adequately store all source separated recyclable materials and source separated organic waste generated in connection with the residence or business between the times designated for collection. The city shall have the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection service and to require additional or larger containers (or additional service days) and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the city in order to meet the standards set forth in this chapter.

6. Generators may 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) to the extent permitted by other applicable laws.

7. Organic waste may be fed to animals on the premises where such organic waste is produced, provided that the premises are always kept in a sanitary condition to the satisfaction of the city manager; and provided further that the keeping and feeding of such animals shall at all times conform to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.

B. In addition to the requirements in Subsection A above, commercial businesses shall also:

1. Commercial business owners including multifamily, shall provide or arrange for garbage container, organics container and recycling container collection service for employees, contractors, tenants and customers, and supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors as noted in subsection (B)(2)(a) and (b) or, if self-hauling, in compliance with self-hauling requirements set forth in this chapter.

2. Commercial business that are not multifamily residential dwellings shall provide containers for the collection of source separated organic waste and source separated recyclable materials in all areas where the commercial business provides disposal containers for employees, contractors, tenants, customers and other users of the premises ("user disposal containers"). Such user disposal containers do not need to be provided in restrooms. If a commercial business does not generate, or has a waiver pertaining to, any of the materials that would be collected in one type of user disposal container, then the business does not have to provide that particular type of container in all areas where user disposal containers are provided. Pursuant to 14 CCR Section 18984.9(b), the user disposal containers provided by the business shall have either:

a. A body or lid that conforms with the following container colors, with either lids conforming to these color requirements or bodies conforming to these color requirements, or both lids and bodies conforming to these color requirements: gray or black containers for garbage, blue containers for source separated recyclable materials, and green containers for organics containers. Notwithstanding the foregoing, a commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this section prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first; or

b. Container labels that include language or graphic images, or both, indicating the primary materials 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. The container labeling requirements are required on new containers commencing January 1, 2022.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

All commercial business owners are required to:

A. Excluding multifamily residential dwellings, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the recycling container, organics container, and garbage container collection service.

B. Excluding multifamily residential dwellings, periodically inspect recycling containers, organics containers, and garbage containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.

C. Including multifamily residential dwellings, annually provide information to employees, contractors, tenants, building residents, and customers about organic waste recovery requirements and about proper sorting of organic waste and recyclable materials. A copy of such instructions shall be provided to the city or designee, upon request.

D. Including multifamily residential dwellings, provide information before or within fourteen days of new occupation of the premises to new tenants and no less than fourteen days before tenants move out of the premises, unless a tenant does not provide fourteen or more days' notice to before moving out, that describes requirements to keep organics container organic waste and recyclable materials separate from each other and from garbage, the location of containers, and the rules governing their use at the premises.

E. Including multifamily residential dwellings, prominently post and maintain one or more signs where recyclable materials and/or organic waste are collected and/or stored that set forth what materials are required to be source separated, in addition to collection procedures for such materials.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

A. De Minimis Waivers. The city or enforcement agency may waive commercial business' obligation to comply with some or all of the organic waste and recycling collection service requirements of this chapter if documentation is provided demonstrating that the commercial business generates below a certain amount of organic waste material, (de minimis) as described below.

A commercial business requesting a de minimis waiver shall:

1. Submit an application to the city or enforcement agency specifying the service or requirements for which it is requesting a waiver. Applicant must supply all required proof of qualifications in writing together with the application submittal. Applicants may be required to provide information in forms provided by the city. Applicants are subject to one or more site inspection(s) prior to approval of a waiver.

2. Provide documentation with the de minimis waiver application 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 recycling container or organics container comprises less than twenty 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 recycling container or organics container comprises less than ten gallons per week per applicable container of the business' total waste.

3. For the purposes of subsections (2)(a) and (b) above, total solid waste shall be the sum of weekly garbage, source separated recyclable materials, and source separated organics container organic waste measured in cubic yards.

4. If the de minimis waiver is granted, notify the city or enforcement agency granting the waiver if circumstances change such that the conditions under which the waiver was granted are no longer being met, in which case the waiver will be rescinded.

5. If the waiver is granted, provide written verification of continued eligibility for de minimis waiver to the city or enforcement agency every five years.

B. Physical Space Waivers. The city or enforcement agency may waive a commercial business' or property owner's obligation to comply with some or all of the organic waste collection service requirements of this chapter if the enforcement agency has evidence from a licensed contractor, licensed architect, licensed engineer, or other person authorized by the enforcement agency demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection service requirements set forth in this chapter.

A commercial business or property owner requesting a physical space waiver shall:

1. Submit an application to the city or enforcement agency specifying the service or requirements for which it is requesting a waiver.

2. Provide documentation with the application for a physical space waiver that the premises lacks adequate space for recycling containers and/or organics containers, which shall include documentation from its licensed contractor, licensed architect, licensed engineer, or other person authorized by the enforcement agency.

3. If the waiver is granted, the commercial business or property owner, shall notify the city if the commercial business' physical space configurations or amounts of solid waste generation change, in which case the waiver may be rescinded.

4. If the waiver is granted, the commercial business or property owner shall provide written verification to the city of continued eligibility for a physical space waiver every five years.

C. Change of ownership of a premises automatically revokes a waiver and the new owner must comply with this chapter or obtain its own waiver.

D. Upon the determination of the city or enforcement agency a written notification of the approval or denial of a waiver shall be issued to the applicant.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

A. Tier one commercial edible food generators must comply 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, or such later deadline established by state law or regulations.

C. Commercial edible food generators shall comply with the following requirements:

1. Arrange to safely recover for human consumption the maximum amount of edible food that would otherwise be disposed.

2. Enter into a contract or other written agreement with food recovery organizations or food recovery services for:

a. The collection for food recovery of edible food that would otherwise be disposed; or

b. Acceptance of edible food that would otherwise be disposed that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

3. Use best efforts to abide by all contractual or written agreement requirements specified by the food recovery organizations or food recovery services on how edible food should be prepared, packaged, labeled, handled, stored, distributed or transported to the food recovery organizations or food recovery services.

4. Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code.

5. Not intentionally spoil edible food that is capable of being recovered by a food recovery organizations or food recovery services.

6. Allow the enforcement agency to review records upon request, including by providing electronic copies or allowing access to the premises.

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

a. A list of each food recovery organizations or food recovery services 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 and written agreements established under 14 CCR Section 18991.3(b) and/or this chapter.

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

(i) The name, address and contact information of the food recovery organizations or food recovery services.

(ii) The types of food that will be collected by or self-hauled to food recovery organizations or food recovery services.

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

(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery organizations or food recovery services for food recovery.

8. If it has not entered into a contract or written agreement with food recovery organizations or food recovery services, a record that describes:

a. Its direct donation of edible food to end recipients (including employees); and/or

b. Its food waste prevention practices that result in it generating no surplus edible food that it can donate.

9. Tier one commercial edible food generators and tier two commercial edible food generators shall provide, upon request, a food recovery report to the enforcement agency that includes the information in subsection (C)(7)(c). Entities shall provide the requested information within sixty days of the request.

D. Nothing in this chapter shall be construed to limit or conflict with:

1. 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; or

2. Otherwise applicable food safety and handling laws and regulations.

E. Nothing in this chapter prohibits a commercial edible food generator from donating edible food directly to end recipients for consumption, pursuant to Health and Safety Code Section 114432(a).

(Ord. No. 812, § 1(Att. 1), 1-25-2022; Ord. No. 822, § 1, 4-25-2023)

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:

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. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.

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 to which the food recovery service transports edible food 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:

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. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.

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 or 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 shall report to the city, or its enforcement agency, the total pounds of edible food recovered from the tier one commercial edible food generators and tier two commercial edible food generators they have established a contract or written agreement with (regardless of whether those commercial edible food generators are located in the city) according to the following schedule:

1. No later than August 15, 2022, submit an initial report covering the period of January 1, 2022, to June 30, 2022; and

2. No later than March 31, 2023, and no later than every March 31 thereafter, submit a report covering the period of January 1 to December 31 of the previous calendar year.

C. In order to support edible food recovery capacity planning assessments and similar studies, food recovery services and food recovery organizations operating in the city shall provide, upon request, information and consultation to the city and Nevada County regarding existing, or proposed new or expanded, food recovery capacity in a form that can be provided to or that can be accessed by the city and county and commercial edible food generators. A food recovery service or food recovery organization contacted by an enforcement agency shall respond to such request for information within sixty days, unless a shorter timeframe is otherwise specified by the enforcement agency.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

Self-haulers shall:

A. Source separate their recyclable materials and organic waste generated on-site from solid waste in a manner consistent with this section or haul organic waste to a high diversion organic waste processing facility.

B. Haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste or to a high diversion organic waste processing facility; and haul their garbage to a fully permitted solid waste facility.

C. Self-haulers, which are commercial businesses including multi-family residential dwellings, shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste for a minimum of five years; this record shall be subject to inspection by the city.

1. The records shall include the following information:

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

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

c. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

D. Self-haulers that are commercial businesses including multi-family residential dwellings, shall provide these records, upon request, to the city or designee. Self-haulers shall provide the requested information within sixty days.

E. Landscapers, who self-haul organic waste generated at a customer's site, must also meet the requirements in this section.

F. A single-family organic waste generator that self-hauls organic waste is not required to record or report this information.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

It is unlawful for any person other than an authorized collector to remove recyclable material or organic waste which has been placed at a designated collection location.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

Nothing in this article shall limit the right of an individual person, organization, or other entity to donate, sell or otherwise dispose of recyclable material and organic waste; provided, that any such disposal is in accordance with the provisions of this article.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

Theft or the unauthorized diversion from its designated purpose of any designated recycling container or organics container of an authorized collector constitutes a misdemeanor and shall be punishable as such.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

A. The city manager shall be designated as an enforcement agent for purposes of enforcing this chapter. Said enforcement agent may deputize one or more employees of the city to carry out the duties of enforcement agent.

B. The city and enforcement agent is authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. This may include inspections and investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing, or disposal facility to confirm compliance with this chapter, subject to applicable laws. This section does not allow entry in a private residential dwelling unit for inspection. For the purposes of inspecting commercial business containers for compliance, the city or designee may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring.

C. A person subject to the requirements of this chapter shall provide or arrange for access during all inspections (with the exception of the interior a private residential dwelling unit) and shall cooperate with the city or designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter, inspection of county-run transfer stations, McCourtney Road landfill and any other landfills that the county may establish or acquire. Failure to provide or arrange for:

1. Access to the premises;

2. Installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or

3. Access to records for any inspection or investigation is a violation of this chapter.

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

E. The city or designee shall accept written complaints from persons regarding an entity that may be potentially noncompliant with this chapter. Written complaints may be submitted using the city form for code complaints.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)

A. Any section of this chapter may be enforced by the city, or, if agreed to, by another enforcement agency designated by the city.

B. Violation of all provisions of this chapter, unless otherwise specified, shall constitute an infraction and shall be subject to enforcement action pursuant to Title 1 of the Grass Valley Municipal Code.

C. A violation of this chapter may be punishable by administrative penalty, in amounts that shall not exceed the following:

1. For a first violation, the amount of the base penalty shall be fifty to one hundred dollars per violation.

2. For a second violation, the amount of the base penalty shall be one hundred to two dollars per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty to five hundred dollars per violation of the same provision within a twelve-month period. This remedy is not exclusive and is in addition to any other remedy or penalty provided by law.

D. The maximum penalties described in subsection (C) of this section shall be increased automatically if the maximum penalties established 14 CCR Section 18997.2 are amended.

E. Nothing in this section shall be construed as preventing the city from revoking, suspending, or denying a permit, registration, license, or other authorization consistent with local requirements in addition to the imposition of penalties authorized under this section.

F. Any person engaged in the unauthorized collection or theft of recyclable materials or organic waste is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed five hundred dollars or incarceration in the county jail for a period not to exceed six months or both.

G. As an alternative to criminal enforcement, both the city and the authorized collector have the independent authority to civilly enforce any provisions of this article, to and including the authority to seek treble damages pursuant to California Government Code Section 66764. The city administrator may invoke these remedies, or any of them whenever he or she deems it appropriate.

(Ord. No. 812, § 1(Att. 1), 1-25-2022)