Chapter 52 — SOLID WASTE MANAGEMENT

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.

CONTRACT AGENT. Includes and means, for the purpose of this chapter, an agent or employee of the city, or any person, firm, corporation, or association, or the agents or the employees thereof, with whom the city shall have duly contracted under the terms hereinafter set out in this chapter, and under the provisions of the general laws, to collect, transport through the streets, alleys, or public ways of said city, and dispose of refuse, garbage, wet garbage, and rubbish produced within the limits of said city.

DEVELOPMENT PROJECT. As used in § 52.18 means any of the following:

(1) A project for which a building permit will be required for a commercial, industrial, or institutional building, marina, or residential building having five or more living units, where solid waste is collected and loaded and any residential project where solid waste is collected and loaded in a location serving five or more units; and

(2) Any new public facility where solid waste is collected and loaded, and any improvements for areas of a public facility used for collecting and loading solid waste.

GARBAGE. Kitchen and table refuse, offal, swill, and also every accumulation of animal and vegetable refuse, and other matter that attends the preparation, consumption, decay, or dealing in or storage of meats, fish, fowl, birds, fruits, or vegetables. It shall also include crockery, bottles, tin vessels, ashes, and all or any refuse, save and excepting as herein defined as RUBBISH or WET GARBAGE .

INCINERATORS. Fireproof receptacles approved by the City Building Inspector or Fire Chief, and used for disposing of combustible rubbish on private premises.

PERSON. Any person, firm, or corporation acting as principal, agent, officer, servant, or employee for himself or herself, or for any other person, firm, or corporation.

REFUSE. All matter and materials which are rejected by the owners or producers thereof as offensive or useless, and which by their presence or accumulation may injuriously affect the health, comfort, or safety of the community by increasing disease or hazard by fire.

REFUSE COLLECTOR. Includes and means the same as heretofore defined for the term CONTRACT AGENT .

RUBBISH. All combustible and noncombustible waste and refuse matter, excepting garbage, ordinarily accumulating in and about residences, flats, buildings, apartment houses, lodging houses, hotels, restaurants, eating houses, stores, shops, offices, and other public buildings; among other things, it shall include tree trimmings, grass cuttings, dead plants and weeds, bed springs, mattresses, and building rubbish, but shall not include brick, mortar, or other debris incident to the construction of buildings.

STANDARD CONTAINERS. Plastic or galvanized metal containers, water-tight, with tight-fitting covers approximately 32 gallons, or less, in capacity, with cover, handle, and side bails.

TRASH ENCLOSURE. A structure built in compliance with specific construction standards adopted by Council resolution and as may be amended from time to time.

WET GARBAGE. All clean garbage, suitable for foods for hogs, coming from restaurants, cafes, cafeterias, hospitals, hotels, boarding houses, clubs, and all other like eating places in the city, and from butcher shops and dealers in fresh vegetables, and shall be held to consist of and include only kitchen and table refuse, offal, and swill, and every accumulation of animal and vegetable scraps, refuse, or waste and other matter that attends the preparation,

consumption, decay or dealing in or storage of meats, fish, fowl, birds, fruit, or vegetables, provided, however, that said definition is not intended to, nor does it include the by-products of butcher shops, where said by-products have a commercial value and are not decomposed nor offensive, and where said by-products have not been rejected by the owners or producers thereof as offensive or useless.

(Prior Code, § 5400) (Ord. 82, passed 11-7-1966; Ord. 89-10, passed 10-2-1989; Ord. 94-6, passed 8-1-1994)

(A) It shall be unlawful for any person to deposit, keep, or accumulate or permit, cause, or suffer any refuse, rubbish, wet garbage, or garbage to be disposed, kept, or accumulated upon any lot or parcel of land or on any public or private place, street, or alley, unless the same shall be kept deposited or allowed to accumulate in such manner as may from time to time be provided by regulations issued by the City Council, and the City Council is herewith authorized to issue regulations concerning the accumulation of garbage, wet garbage, refuse, and rubbish within the city by resolution duly adopted and from time to time amend said regulations in accordance with the best interests of the residents of the city.

(B) It shall be unlawful for any person to deposit, keep, or accumulate, or permit, cause, or suffer any refuse, garbage, wet garbage, or rubbish to be disposed, kept, or accumulated upon any lot or parcel of land or on any public or private place, street, or alley unless the same is kept deposited in a standard container.

(C) Refuse containers shall be placed in areas where they will be readily accessible for collection. Said areas and access thereto shall be kept free and clear of all obstacles, such as fences, doors, trellises, flowers, vines, and such that would obstruct a clear passageway for the removal of containers. Refuse containers shall not be placed in the right-ofway of a street or alley. No container shall be placed in such a manner as to constitute a nuisance.

(D) Refuse and garbage containers shall not be placed adjacent to the street for pickup more than 24 hours prior to pickup time, and such containers shall be removed from the curb within the 12-hour period following pickup and placed in an area that is not visible from the street and not within any front yard setback or sideyard abutting a street. (E) (1) At least one trash enclosure shall be required for any commercial or industrial project. Additional enclosures may be required by the Planning Commission or the Community Development Director depending on the size of the project.

(2) At least one trash enclosure shall be required for every apartment complex consisting of four units or more. The number of required enclosures may be increased by the Planning Commission or Community Development Director.

(3) The requirement for trash enclosures in condominium and Planned Unit Development projects shall be left to the discretion of the Planning Commission and Community Development Director. The factors used to determine the need for such enclosures will be the number of units and the way in which they are arranged on the property.

(F) (1) No trash enclosure shall be located in any front yard setback or in any sideyard setback when that setback abuts a public right-of-way.

(2) Any trash enclosure installed within such setbacks before the effective date of this subchapter with a city permit or specific city authorization shall be a non-conforming use. Such non-conforming use shall be abated and moved (with city permits) outside of such setbacks within the amortization periods specified herein. Masonry-type enclosures (Type 1 construction) shall be moved within three years of the effective date of this chapter. Wood construction enclosures (Type 5 construction) shall be moved within 18 months of the effective date of this chapter. The Council finds that the relocation periods provided herein reasonable amortization periods to allow the property owner to relocate trash enclosures.

(G) This section shall apply to all properties and uses within the city, existing or proposed.

(H) (1) Any person seeking an exception or extraordinary relief from the provisions of divisions (C), (D), (E), or (F) above may apply to the Community Development Director in a form and manner as established by the Director and after payment of applicable fees. In acting upon the request, the Director shall consider all relevant factors, including, but not limited to:

• (a) The topography and geography of the site;

• (b) The physical constraints caused by existing developments;

• (c) The aesthetics of the proposed exception;

• (d) The compatibility of the proposed exception with the surrounding uses and properties; and

• (e) The aesthetic impacts caused by strict compliance with the code requirements.

(2) The Director may approve, conditionally approve, or deny the application. Reasonable conditions, including, but not limited to, periodic review, requirement for an encroachment permit, and the like, may be imposed. Appeals shall be heard by the Planning Commission. Subsequent appeals may be heard by the Council.

(Prior Code, § 5401) (Ord. 82, passed 11-7-1966; Ord. 87-7, passed 7-6-1987; Ord. 89-10, passed 10-2-1989) Penalty, see § 52.99

(A) No garbage or rubbish shall be removed and carried on and along the streets and alleys of the city except that the same be carried, conveyed, or hauled in conveyances so constructed as to be absolutely dust proof, and so arranged as not to permit dust or other matter to sift through or fall upon said streets or alleys. The contents of such conveyances must be further protected so as to prevent the same from being blown upon the streets, alleys, and adjacent lands.

(B) No wet garbage shall be removed and carried on or along any street or alley of the said city except that the same be carried, conveyed, or hauled in containers with property covers so that the garbage shall not be offensive and every such container shall be kept clean, and said garbage shall be so loaded that none of it shall fall, drip, or spill to or on the ground, sidewalk, or pavement.

(Prior Code, § 5402) (Ord. 82, passed 11-7-1966) Penalty, see § 52.99

(A) All garbage, wet garbage, and/or rubbish of any kind shall be removed by the city, its agents, employees, or permittees or representatives, at least once every seven days, unless otherwise directed by the City Health Officer or the City Building Inspector.

(B) (1) It shall be the duty of any collector engaged in or conducting the business of collecting garbage, wet garbage, and/or rubbish by contract with the city or acting as its agent, permittee, or representative under this chapter when directed by the City Health Officer or City Building Inspector, to go to the place to which said rubbish or garbage collector may be directed by said Health Officer or City Building Inspector, and where garbage, wet garbage, and/or rubbish is accumulated and there collect and remove said garbage, wet garbage, and/or rubbish in accordance with the provisions of this chapter.

(2) The reasonable cost of such collection and removal shall be paid to the collector by the city, and the owner and/or occupant of the premises involved shall thereupon be obligated to repay the city for such cost. The city may sue on such obligation, or may add the amount of such obligation to the water charge for the property involved if the premises are receiving water service, and thereafter use any remedies available for collection of water rates.

(3) The City Health Officer or City Building Inspector shall have the discretion to have such garbage, wet garbage, and/or rubbish removed by city employees or other independent contractors, and the owner and/or occupant shall be liable for the reasonable cost thereof in the same manner as above provided.

(C) As a health and safety measure, no collector can be required to service containers of over 32 gallons’ capacity or weighing over 80 pounds, including the container.

(Prior Code, § 5403) (Ord. 82, passed 11-7-1966; Ord. 84, passed 1-16-1967)

Rates for collection and disposal of garbage, refuse, and rubbish shall be set by resolution of the City Council. Special rates may be established by the City Council for hardship cases where placing of material at the curb for collection is impractical.

(Prior Code, § 5404) (Ord. 82, passed 11-7-1966; Ord. 74-5, passed 5-6-1974)

The City Council may from time to time, by resolution, make such changes in the rates to be charged for refuse, rubbish, and garbage collections as shall in their opinion be desirable and in the best interest of the residents of the city and where such charges can be made without violating the terms of any contract then in existence. (Prior Code, § 5405) (Ord. 82, passed 11-7-1966)

Every truck used in the collection and removal of garbage, wet garbage, and/or rubbish shall be kept well painted and clean inside and out.

(Prior Code, § 5406) (Ord. 82, passed 11-7-1966)

All burning of refuse, rubbish, garbage, and wet garbage is prohibited. (Prior Code, § 5407) (Ord. 82, passed 11-7-1966)

Nothing in this chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the Health Officer or City Building Inspector to constitute a health menace of such nature as necessary to be ordered by either of said officers to be promptly removed.

(Prior Code, § 5408) (Ord. 82, passed 11-7-1966)

(A) It is hereby found and determined that the periodic collection of garbage, wet garbage, refuse, or rubbish, hereinafter collectively referred to as “solid waste,” from all places in the city benefits all occupants of places and premises in the city, and in nearly every case the person who is the occupant of any place in or from which solid wastes are created, accumulated, or produced has already contracted for other municipal services to the premises. (B) Solid waste disposal service subject to the limitations herein noted shall be provided by the city, and it shall be mandatory for all places and premises in the city in or on which garbage or other solid waste is created, accumulated, or produced to use the city’s collection service; provided, however, that where the total amount of water used over a two-month period by a residence does not exceed 150 cubic feet, that residence shall be exempted from such mandatory requirements upon application to the city.

(C) For the purposes of establishing liability and responsibility for the payment of fees and charges hereinafter referred to, the party responsible for payment for garbage services is deemed to be the person who has heretofore applied or will hereafter apply for water service to each place or premises within the city and all fees and charges hereinafter referred to shall be collected directly by the authorized contract agent of the city.

(D) (1) Nothing in this subchapter contained shall be construed to prohibit any producer of refuse, garbage, or rubbish from personally hauling in a producer’s vehicle through the streets of the city and disposing of the same at the city disposal site, providing that such hauling and disposal shall at all times be subject to the approval of the Director of Public Works. The person in charge of any vehicle used to haul refuse, garbage, or rubbish under the permission granted by the provisions of this section shall, on request from the custodian of, or person in charge at, the city disposal site exhibit satisfactory evidence showing that such refuse, garbage, or rubbish accumulated in, and was hauled from, the city, and that the producer thereof is a resident of the city. The permission granted by the provisions of this section shall not include the right to haul and dispose of dead animals, the refuse from the construction, demolition, or alteration of buildings, old automobile bodies or frames, nor any refuse or rubbish originating in a commercial establishment where the quantity exceeds one cubic yard.

(2) The Council is hereby authorized to provide by resolution that any person who shall haul his or her own refuse, garbage, or rubbish and dispose of the same at the city disposal site pay the contractor holding a contract from the city a fee for such privilege. The rate of such fee shall be established by such resolution and may be changed from time to time by the Council by resolution duly adopted by the Council.

(Prior Code, § 5409) (Ord. 82, passed 11-7-1966; Ord. 128, passed 11-15-1971; Ord. 74-5, passed 5-6-1974)

It shall be unlawful for any person other than the contract agent to collect, remove, or haul garbage, refuse, or rubbish over the streets of the city during such time as such contract agent has a contract with the city for the collection and disposal of the same; provided, however, that this section shall not apply to producer hauling as provided in § 52.10 nor to persons who have a permit from the Health Officer or City Building Inspector to haul and dispose of the same; and provided further, that the provisions of this section shall not apply during any week set apart and approved by the City Council as a “Clean-up Week;” nor shall this section apply to gardeners, landscapers, or building contractors in connection with the removal of rubbish or refuse resulting from their work and incidental thereto.

(Prior Code, § 5410) (Ord. 82, passed 11-7-1966) Penalty, see § 52.99

The City Building Inspector in conjunction with the Health Officer shall have power to establish rules and regulations not inconsistent with this chapter, governing the collection and disposal of refuse, garbage, wet garbage, or rubbish, provided that such rules and regulations shall have as their purpose the enforcement of the provisions of this chapter and the health and sanitary laws effective in the city.

(Prior Code, § 5411) (Ord. 82, passed 11-7-1966; Ord. 84, passed 1-16-1967)

(A) The City Building Inspector, the Health Department, and the police of the city are hereby specifically required to enforce the provisions of this chapter and shall have the right to enter any and all premises for the purpose of determining whether the provisions of this chapter are being conformed with.

(B) It shall be unlawful for any person in any manner to interfere with the collection of refuse, garbage, or rubbish by any person authorized by license or contract to collect and dispose of the same.

(C) (1) The City Health Officer, the City Building Inspector, and the police of the city, are hereby given the power to issue a citation to any person found to be in violation of this chapter, in writing, requiring such person to remove the garbage, wet garbage, rubbish, or refuse, or to otherwise comply with the terms of this chapter, within a specified number of days, from one to 14, the actual number to be determined by the officer or Inspector issuing the citation. The officer or Inspector shall insert on the citation the number of days which he or she deems sufficient and reasonable under the circumstances involved, and his or her decision shall be final.

(2) The citation shall be in duplicate, shall be signed by the person to whom it is directed, shall bear the name and address of such person, the location involved, a brief statement of what is required by the officer or Inspector, and the date on or before which compliance with the citation is required. A copy shall be thereupon delivered to the person to whom it is directed.

(3) On or before the date specified in the citation, the person cited shall fully comply with the terms of the citation and with the provisions of this chapter, and within said time shall inform the issuing officer or Inspector, or the City Clerk, that he has done so, and furnish such information as may be required to enable the city to verify such compliance.

(4) The citation powers hereby granted shall be in addition to all other rights and remedies the city may have for the enforcement of the provisions of this chapter.

(Prior Code, § 5412) (Ord. 82, passed 11-7-1966; Ord. 84, passed 1-16-1967) Penalty, see § 52.99

(A) For the collection and disposal of refuse, garbage, wet garbage, and rubbish, a contract for a period not to exceed ten years may be entered into by the city, in accordance with and subject to the terms and conditions of this chapter.

(B) Such contract shall provide that the contractor shall collect and dispose of the refuse, garbage, wet garbage, and rubbish in the city in the manner in this chapter provided, and shall not charge any amounts in excess of the rates specified in this chapter or by resolution adopted hereunder. Said contractor shall be required to furnish a cash or surety bond to the city in the sum as set forth in the Master Fee Schedule and amended from time to time conditioned upon the faithful performance of the contract and the provisions of this chapter. Such contractor shall have the sole and exclusive right, except as in this chapter otherwise provided, to collect all refuse, garbage, and rubbish in the city and transport the same through the streets and public ways of said city.

(C) Said contract shall further provide that said contractor shall be required to dispose of all such refuse or garbage and rubbish, save and excepting wet garbage, at a dump approved by the County Health Department.

(D) Such contract may provide therein for the rates for collection to be charged by the contract agent for the collection and disposal of garbage, wet garbage, refuse, and rubbish.

(E) Such contract shall also require that said contractor procure for the period covered by the contract full compensation insurance in accordance with the provisions of the state’s Labor Code.

(F) Such contract shall also require that said contractor carry public liability insurance to the extent of $100,000 for the death or injury to one person and $300,000 for the death or injury of more than one person, and property damage insurance of $10,000, upon each of the trucks or vehicles used by him or her in carrying out the work called for in the contract, such insurance to cover both the city and the refuse collector.

(G) The City Council by resolution shall have power to provide for the inclusion in such contract of such terms as it deems necessary to protect the interests of the city.

(H) Upon expiration of the franchise agreement the parties may extend the terms and conditions of the franchise agreement on a month to month basis. During such extension, the contractor shall negotiate in good faith with the city for a period not to exceed 120 days for a new franchise agreement. If the parties cannot agree on the terms and conditions for a new franchise agreement within said 120-day period, the city may put the franchise out to bid. Each proposal or bid shall be accompanied by a certified check payable to the city in the sum as set forth in the Master Fee Schedule and amended from time to time, which sum shall be forfeited to the city if the bidder to whom the contract is awarded shall fail or refuse to enter into the contract within 45 days after the date of mailing to the successful bidder the “notice of award of contract.” The Council reserves the right to reject any and all bids. If the proposed contract is for a period of five years or less, then the Council may, but shall not be required to, call for bids as above provided. If bids are called for, the Council shall determine whether notice of calling for bids shall be by publication or by posting, or both.

(Prior Code, § 5413) (Ord. 82, passed 11-7-1966; Ord. 84, passed 1-16-1967; Ord. 97-7, passed 4-21-1997; Ord. 0302, passed 5-5-2003;)

In all cases of disputes or complaints arising from or concerning the place where the garbage, wet garbage, and rubbish receptacles shall be placed while awaiting the removal of their contents, or concerning the costs of such removal, the same shall be determined by the Health Officer or City Building Inspector, provided that any citizen dissatisfied with such decision may appeal such decision to the City Council by filing a notice of appeal with the City Council within five days of the decision of such Health Officer or City Building Inspector, and the City Council shall thereupon hear the matter and make a determination. The decision of the said Council shall be final. (Prior Code, § 5414) (Ord. 82, passed 11-7-1966)

The contract agent shall provide one “clean-up week” in the springtime of each year during which time he or she will, without charge therefore, collect all tree trimmings, grass cuttings, dead plants, weeds, and any and all rubbish or refuse placed at the curb lines in the city, which are placed in containers or bundles that one person can hoist into the truck.

(Prior Code, § 5415) (Ord. 82, passed 11-7-1966)

(A) A curbside recycling program shall be conducted in the city on terms, conditions, and circumstances as determined by Council and set forth by resolution. The contract agent shall provide upon request of any residential or commercial customer, or account, baskets, or other suitable containers for the purpose of recycling glass, aluminum, and newspaper (or other materials that may later be identified) as part of the program.

(B) The Council is hereby authorized to provide by resolution specific fees or charges for the recycling program. (Prior Code, § 5416) (Ord. 89-12, passed 12-4-1989)

(A) All development projects shall have adequate areas for collecting and loading recyclable materials as per Cal. Public Resources Code Division 30, Part 3, Chapter 18 (commencing with § 42900).

(B) All development project areas for collecting and loading recyclable materials shall be improved or constructed to the requirements of the adopted city standards and specifications to be prepared by the Community Development

Department.

(C) All modifications to existing trash enclosures shall conform to the requirements of the adopted city standards and specifications.

(Prior Code, § 5417) (Ord. 94-6, passed 8-1-1994)

MANDATORY ORGANIC WASTE DISPOSAL REDUCTION

(A) The City Council finds and declares:

(1) State Recycling Law, Assembly Bill 939 of 1989, the State Integrated Waste Management Act of 1989 (Cal. Public Resources Code §§ 40000 et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their city to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment;

(2) State Recycling Law, Assembly Bill 341 of 2011 (approved by the Governor of the state on October 5, 2011, which amended Cal. Public Resources Code §§ 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added §§ 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with § 42649) to Part 3 of Division 30 of, and added and repealed § 41780.02, as amended, supplemented, superseded, and replaced from time to time), places requirements on commercial businesses and multi-family premises that generate a specified threshold amount of solid waste to arrange for recycling services and requires agencies to implement a mandatory commercial recycling program;

(3) State Organics Materials Recycling Law, Assembly Bill 1826 of 2014 (approved by the Governor of the state on September 28, 2014, which added Cal. Public Resources Code Chapter 12.9 (commencing with § 42649.8) to Part 3 of Division 30, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires commercial businesses and multi-family premises that generate a specified threshold amount of solid waste, recyclable materials, and organic materials per week to arrange for recycling services for that waste, requires agencies to implement a recycling program to divert organic materials from commercial businesses and multi-family premises subject to the law, and requires agencies to implement a mandatory commercial organic materials recycling program; (4) Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organic waste in landfills as a source of methane. The regulations place requirements on multiple entities including cities, residential households, multi-family premises, commercial businesses, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of the Senate Bill 1383 statewide organic waste disposal reduction targets;

(5) Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires agencies to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of Senate Bill 1383 regulations. This subchapter will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption; and

eduction Act of 2016, requires agencies to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of Senate Bill 1383 regulations. This subchapter will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption; and

(6) Requirements in this subchapter are consistent with other adopted goals and policies of the city.

(B) Notwithstanding any provision to the contrary in any other code or regulation of the city, including, but not limited to, §§ 52.01 through 52.18, the provisions of this subchapter shall control, and to the extent any provision is in conflict with this subchapter, the provision in this subchapter shall supersede any conflicting language and shall prevail.

(Prior Code, § 5420) (Ord. 21-04, passed 12-13-2021)

This subchapter shall be entitled the “Mandatory Organic Waste Disposal Reduction Ordinance” or “this subchapter.”

(Prior Code, § 5421) (Ord. 21-04, passed 12-13-2021)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.

ALTERNATIVE DAILY COVER (ADC). The same meaning as in 27 CCR § 20690.

ALTERNATIVE INTERMEDIATE COVER (AIC). The same meaning as in 27 CCR § 20700.

BULKY ITEM. Discarded appliances (including refrigerators), furniture, tires, carpets, mattresses, yard trimmings, and/or wood waste, and similar large items which can be handled by two people, weigh no more than 200 pounds, and require special collection due to their size or nature, but can be collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. BULKY ITEMS must be generated by the customer and at the service address wherein the bulky items are collected. BULKY ITEMS do not include abandoned automobiles, large auto parts, trees, construction, and demolition debris, or items herein defined as

EXCLUDED WASTE .

CALRECYCLE. The state’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing Senate Bill 1383 regulations on cities (and others). CALIFORNIA CODE OF REGULATIONS or CCR. The state’s Code of Regulations. CCR references in this subchapter are preceded with a number that refers to the relevant title of the CCR (for example, “14 CCR” refers to Title 14 of CCR).

CITY. The City of Grover Beach, California, a municipal corporation acting through its City Council, and all the territory lying within the municipal boundaries of the city.

CITY ENFORCEMENT OFFICIAL. The City Manager, or other authorized person(s) who is/are partially or whole responsible for enforcing this subchapter.

COMMERCIAL BUSINESS or COMMERCIAL. A firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or non-profit, strip mall, retail business, or industrial facility. COMMERCIAL EDIBLE FOOD GENERATOR. A Tier One or a Tier Two commercial edible food generator as defined in this section or as otherwise defined in 14 CCR § 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 § 18982(a)(7).

COMMUNITY COMPOSTING. Any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR § 17855(a)(4); or, as otherwise defined by 14 CCR § 18982(a)(8).

COMPLIANCE REVIEW. A review of records by a city to determine compliance with this subchapter.

COMPOST. The same meaning as in 14 CCR § 17896.2(a)(4) (or any variation thereof), includes a controlled biological decomposition of organic materials yielding a safe and nuisance-free compost product.

CONTRACTOR. The franchisee authorized under and by virtue of a contract with the city to collect solid waste as provided in § 52.14, organized and operating under the laws of the state and its officers, directors, employees, agents, companies, related-parties, affiliates, subsidiaries, and subcontractors.

CUSTOMER. The person whom contractor submits its billing invoice to and collects payment from for collection services provided to a premises. The CUSTOMER may be either the occupant or owner of the premises. C & D. Construction and demolition debris.

DESIGNATED WASTE. Non-hazardous waste which may pose special disposal problems because of its potential to contaminate the environment, and which may be disposed of only in Class II disposal sites or Class III disposal sites pursuant to a variance issued by the State Department of Health Services. DESIGNATED WASTE consists of those substances classified as designated waste by the state in 27 CCR § 20210 as may be amended from time to time. DESIGNEE. An entity that a city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this subchapter as authorized in 14 CCR § 18981.2. A DESIGNEE may be a government entity, a hauler, a private entity, or a combination of those entities.

DISCARDED MATERIALS. Recyclable materials, organic materials, and solid waste placed by a generator in a collection container and/or at a location for the purposes of collection excluding excluded waste.

EDIBLE FOOD. Food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a)(18). For the purposes of this subchapter or as otherwise defined in 14 CCR § 18982(a)(18), EDIBLE FOOD is not solid waste if it is recovered and not discarded. Nothing in this subchapter 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 state’s Health and Safety Code, including the state’s Retail Food Code, being Health and Safety Code §§ 113700 et seq. ENFORCEMENT ACTION. An action of the city to address non-compliance with this subchapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

y of EDIBLE FOOD that does not meet the food safety requirements of the state’s Health and Safety Code, including the state’s Retail Food Code, being Health and Safety Code §§ 113700 et seq. ENFORCEMENT ACTION. An action of the city to address non-compliance with this subchapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

EXCLUDED WASTE. 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 city 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 the city, 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 the city, 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 Cal. Public Resources Code §§ 41500 and 41802.

FOOD DISTRIBUTOR. A company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR § 18982(a)(22).

FOOD FACILITY. The same meaning as in Cal. Health and Safety Code § 113789.

FOOD RECOVERY. Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24).

FOOD RECOVERY ORGANIZATION.

(1) 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 § 18982(a)(25), including, but not limited to:

(a) A food bank as defined in Cal. Health and Safety Code § 113783;

(b) A non-profit charitable organization as defined in Cal. Health and Safety Code § 113841; and/or

(c) A non-profit charitable temporary food facility as defined in Cal. Health and Safety Code § 113842.

(2) A FOOD RECOVERY ORGANIZATION is not a commercial edible food generator for the purposes of this subchapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR § 18982(a)(7).

(3) If the definition in 14 CCR § 18982(a)(25) for FOOD RECOVERY ORGANIZATION differs from this definition, the definition in 14 CCR § 18982(a)(25) shall apply to this subchapter.

FOOD RECOVERY SERVICE. 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 § 18982(a)(26). A FOOD RECOVERY SERVICE is not a commercial edible food generator for the purposes of this subchapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR § 18982(a)(7).

FOOD SCRAPS.

• (1) Discarded materials that will decompose and/or putrefy including:

• (a) All kitchen and table food waste;

• (b) Animal or vegetable waste that is generated during or results from the storage, preparation, cooking, or handling of food stuffs;

• (c) Fruit waste, grain waste, dairy waste, meat, and fish waste; and

• (d) Vegetable trimmings, houseplant trimmings, and other compostable organic waste common to the occupancy of residential dwellings.

(2) FOOD SCRAPS are a subset of food waste. FOOD SCRAPS excludes fats, oils, and grease when such materials are source separated from other food scraps.

FOOD SERVICE PROVIDER. 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 § 18982(a)(27).

FOOD-SOILED PAPER. Compostable paper material that has come in contact with food scraps or liquid, such as, but not limited to, compostable paper plates, napkins, and pizza boxes.

FOOD WASTE. Source separated food scraps and food-soiled paper.

FOOD WASTE SELF-HAULER. A self-hauler who generates and hauls, utilizing their own employees and equipment, an average of one cubic yard or more per week, or 6,500 pounds or more per quarter of their own food waste to a location or facility that is not owned and operated by that self-hauler. FOOD WASTE SELF-HAULERS are a subset of SELF-HAULERS .

GENERATOR. A person or entity that is responsible for the initial creation of one or more types of discarded materials.

GROCERY STORE. 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 § 18982(a)(30).

HAULER ROUTE. The designated itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in 14 CCR § 18982(a)(31.5).

HAZARDOUS SUBSTANCE. Any of the following:

• (1) Any substances defined, regulated, or listed (directly or by reference) as HAZARDOUS SUBSTANCES ,

hazardous materials, hazardous wastes, toxic waste, pollutant, or toxic substances, or similarly identified as hazardous to human health or the environment, in or pursuant to:

• (a) The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 U.S.C. §§ 9601 et seq.;

• (b) The Hazardous Materials Transportation Act, 49 U.S.C. §§ 5101 et seq.;

• (c) The Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq.;

• (d) The Clean Water Act, 33 U.S.C. §§ 1251 et seq.;

• (e) Cal. Health and Safety Code §§ 25115 through 25117, 25249.8, 25281, and 78075;

• (f) The Clean Air Act, 42 U.S.C. §§ 7401 et seq.; and

• (g) Cal. Water Code § 13050.

• (2) Any amendments, rules, or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and

(3) Any other hazardous or toxic substance, material, chemical, waste, or pollutant identified as hazardous or toxic or regulated under any other applicable law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyls (PCBs), petroleum, natural gas, and synthetic fuel products and by-products.

HAZARDOUS WASTE. All substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state in Cal. Health and Safety Code §§ 25110.02, 25115, and 25117 or in the future amendments to or recodifications of such statutes, or identified and listed as solar panels from residential premises, and hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY. A facility that is in compliance with the reporting requirements of 14 CCR § 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022 and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to 14 CCR § 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR § 17402(a)(11.5); or as otherwise defined in 14 CCR § 18982(a)(33).

INFECTIOUS WASTE.

(1) Equipment, instruments, utensils, and other fomites of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must, therefore, be isolated as required by public health agencies;

(2) Laboratory wastes, including pathological specimens (for example, all tissues, specimens of blood elements, excreta, and secretions obtained from patients or laboratory animals) and disposable fomites (any substance that may harbor or transmit pathogenic organisms) attendant thereto; and/or

(3) Surgical operating room pathologic specimens, including recognizable anatomical parts, human tissue, anatomical human remains, and disposable materials from hospitals, clinics, outpatient areas, and emergency rooms, as defined in 14 CCR § 17225.36.

INSPECTION. A site visit where a city reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of recyclable materials, organic waste, solid waste, or edible food handling to determine if the entity is complying with requirements set forth in this subchapter, or as otherwise defined in 14 CCR § 18982(a)(35). LARGE EVENT. 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, non-profit, 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 § 18982(a)(38) differs from this definition, the definition in 14 CCR § 18982(a)(38) shall apply to this subchapter. LARGE VENUE.

(1) 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 subchapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, non-profit, or privatelyowned 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.

(2) For purposes of this subchapter 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 § 18982(a)(39) differs from this definition, the definition in 14 CCR § 18982(a)(39) shall apply to this subchapter.

LOCAL EDUCATION AGENCY. 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 § 18982(a)(40). MULTI-FAMILY RESIDENTIAL DWELLING, MULTI-FAMILY, or MFD.

(1) Of, from, or pertaining to residential premises with five or more dwelling units including such premises when combined in the same building with commercial establishments, that receive centralized, shared collection service for all units on the premises which are billed to one customer at one address.

(2) Customers residing in townhouses, mobile homes, condominiums, or other structures with five or more dwelling units who receive individual service and are billed separately shall not be considered multi-family. MULTIFAMILY premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

NOTICE OF VIOLATION (NOV). 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 § 18982(a)(45) or further explained in 14 CCR § 18995.4.

OCCUPANT. The person who occupies a premises.

ORGANIC MATERIALS. Yard trimmings and food waste, individually or collectively that are set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of processing. No discarded material shall be considered to be ORGANIC MATERIALS , however, unless it is separated from recyclable material and solid waste. ORGANIC MATERIALS are a subset of organic waste.

ORGANIC MATERIALS CONTAINER. Containers that shall be used for the purpose of storage and collection of source separated organic materials.

ORGANIC WASTE. Wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR § 18982(a)(46). Biosolids and digestate are as defined by 14 CCR § 18982(a).

OWNER. The person(s) holding legal title to real property and/or any improvements thereon and shall include the person(s) listed on the latest equalized assessment roll of the County Assessor.

PAPER PRODUCTS. Includes, but is not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR § 18982(a)(51).

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

PREMISES. Includes any land, building, and/or structure, or portion thereof, in the city where discarded materials are produced, generated, or accumulated. All structures on the same legal parcel which are owned by the same person shall be considered as one PREMISES .

PROHIBITED CONTAINER CONTAMINANTS.

(1) Discarded materials placed in the recyclable materials container that are not identified as acceptable source separated recyclable materials for the city’s recyclable materials container;

(2) Discarded materials placed in the organic materials container that are not identified as acceptable source separated organic materials for the city’s organic materials container;

(3) Discarded materials placed in the solid waste container that are acceptable source separated recyclable materials and/or source separated organic materials to be placed in city’s organic materials container and/or recyclable materials container; and

(4) Excluded waste placed in any container.

RECOVERY. Any activity or process described in 14 CCR § 18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49).

RECYCLABLE MATERIALS. Discarded materials that the generators set out in recyclables containers for collection for the purpose of recycling by the service provider and that exclude excluded waste.

(1) No discarded materials shall be considered RECYCLABLE MATERIALS unless such material is separated from organic materials and solid waste.

(2) For the purpose of collection of recyclable materials through contractor’s collection services, RECYCLABLE MATERIALS shall be limited to those materials identified by the collection contractor as acceptable recyclable materials.

RECYCLABLE MATERIALS CONTAINER. Containers that shall be used for the purpose of storage and collection of source separated recyclable materials.

RECYCLED-CONTENT PAPER. Paper products and printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR § 18982(a)(61).

RESIDENTIAL. Of, from, or pertaining to a single-family premises or multi-family premises including singlefamily homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments. RESPONSIBLE PARTY. The owner, property manager, tenant, lessee, occupant, or other designee that subscribes to and pays for recyclable materials, organic materials, and/or solid waste collection services for a premises in the city, or, if there is no such subscriber, the owner or property manager of a single-family premises, multi-family premises, or commercial premises. In instances of dispute or uncertainty regarding who is the responsible party for a premises, RESPONSIBLE PARTY shall mean the owner of a single-family premises, multi-family premises, or commercial premises.

RESTAURANT. 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 § 18982(a)(64).

ROUTE REVIEW. 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 § 18982(a)(65).

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

SB 1383 REGULATIONS or SB 1383 REGULATORY. The Short-Lived Climate Pollutants: Organic Waste Reduction Regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

SELF-HAUL. To act as a self-hauler.

SELF-HAULER. A person, who hauls solid waste, organic waste, or recyclable material they have generated to another person. SELF-HAULER also includes a landscaper, or a person who back-hauls waste. BACK-HAUL means generating and transporting recyclable materials or organic waste to a destination owned and operated by the generator or responsible party using the generator’s or responsible party’s own employees and equipment.

SERVICE LEVEL. The size of a customer’s container and the frequency of collection service.

SINGLE-FAMILY or SFD. Any detached or attached house or residence of four units or less designed or used for occupancy by one family, provided that collection service feasibly can be provided to such premises as an independent unit, and the owner or occupant of such independent unit is billed directly for the collection service. SINGLEFAMILY includes townhouses, and each independent unit of duplex, tri-plex, or four-plex residential structures, regardless of whether each unit is separately billed for their specific service level. SOLID WASTE.

(1) The same meaning as defined in Cal. Public Resources Code § 40191, which defines SOLID WASTE as all putrescible and non-putrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition, and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable, or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes, with the exception that SOLID WASTE does not include any of the following wastes:

(a) Hazardous waste, as defined in Cal. Public Resources Code § 40141;

(b) Radioactive waste regulated pursuant to the Radiation Control Law (Cal. Health and Safety Code Chapter 8 (commencing with § 114960) of Part 9 of Division 104);

(c) Medical waste regulated pursuant to the Medical Waste Management Act (Cal. Health and Safety Code Part 14 (commencing with § 117600) of Division 104). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Cal. Public Resources Code § 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Cal. Public Resources Code Division 30; and

(d) Recyclable materials, organic materials, and construction and demolition debris when such materials are source separated.

(2) Notwithstanding any provision to the contrary, solid waste may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Cal. Public Resources Code §§ 41500 and 41802 as may be amended from time to time. SOLID WASTE includes salvageable materials only when such materials are included for collection in a solid waste container not source separated from solid waste at the site of generation.

on of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Cal. Public Resources Code §§ 41500 and 41802 as may be amended from time to time. SOLID WASTE includes salvageable materials only when such materials are included for collection in a solid waste container not source separated from solid waste at the site of generation.

SOLID WASTE CONTAINER. Containers that shall be used for the purpose of storage and collection of solid waste.

SOURCE SEPARATED or SOURCE-SEPARATED (MATERIALS). Materials, including commingled recyclable materials and organic materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR § 17402.5(b)(4). For the purposes of the subchapter, SOURCE SEPARATED shall include separation of materials by the generator, responsible party, or responsible party’s employee, into different containers for the purpose of collection such that source-separated materials are separated from solid waste for the purposes of collection and processing.

SOURCE SEPARATED ORGANIC MATERIALS. Organic materials that are source separated and placed in an organic materials container.

SOURCE SEPARATED RECYCLABLE MATERIALS. Recyclable materials that are source separated and placed in a recyclable materials container.

STATE. The State of California.

SUPERMARKET. A full-line, self-service retail store with gross annual sales of $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 § 18982(a)(71).

TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR.

• (1) A commercial edible food generator that is one of the following:

• (a) Supermarket;

• (b) Grocery store with a total facility size equal to or greater than 10,000 square feet;

• (c) Food service provider;

• (d) Food distributor; and

• (e) Wholesale food vendor.

• (2) If the definition in 14 CCR § 18982(a)(73) of tier one commercial edible food generator differs from this

definition, the definition in 14 CCR § 18982(a)(73) shall apply to this chapter.

TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR.

• (1) A commercial edible food generator that is one of the following:

• (a) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet;

• (b) Hotel with an on-site food facility and 200 or more rooms;

• (c) Health facility with an on-site food facility and 100 or more beds;

• (d) Large venue;

• (e) Large event;

• (f) 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; and

• (g) A local education agency facility with an on-site food facility.

• (2) If the definition in 14 CCR § 18982(a)(74) of TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR differs from this definition, the definition in 14 CCR § 18982(a)(74) shall apply to this subchapter.

TON or TONNAGE. A unit of measure for weight equivalent to 2,000 standard pounds where each pound contains 16 ounces.

WHOLESALE FOOD VENDOR. A business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR § 18982(a)(76).

YARD TRIMMING or GREEN WASTE.

(1) Discarded materials that will decompose and/or putrefy, including, but not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, and small pieces of unpainted and untreated wood.

(2) YARD TRIMMINGS does not include items herein defined as excluded waste. YARD TRIMMINGS are a subset of organic materials. Acceptable YARD TRIMMINGS may be added to or removed from this list from time to time by mutual consent or at the sole discretion of the city.

(Prior Code, § 5422) (Ord. 21-04, passed 12-13-2021)

(A) Except responsible parties of single-family premises that meet the self-hauler requirements in § 52.40, responsible parties of single-family premises shall comply with the following requirements:

(1) Subscribe to and pay for the city’s three-container collection services for weekly collection of recyclable materials, organic materials, and solid waste generated by the single-family premises and comply with requirements of those services as described below in division (A)(2) below. The city and its designee(s), 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. The responsible parties for single-family premises shall adjust their service level for their collection services as requested by the city; and

(2) Participate in the city’s three-container collection service(s) in the manner described below:

(a) Place, or, if the responsible party is not an occupant of the single-family premises, direct its generators to place, source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container; or

(b) Not place, or, if the responsible party is not an occupant of the single-family premises, direct its generators to not place prohibited container contaminants in collection containers and not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.

(B) Nothing in this section prohibits a responsible party or generator of a single-family premises from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR § 18984.9(c).

(Prior Code, § 5423) (Ord. 21-04, passed 12-13-2021) Penalty, see § 52.99

(A) Responsible parties of multi-family premises shall provide or arrange for recyclable materials, organic materials, and solid waste collection services consistent with this subchapter and for employees, contractors, and tenants. Responsible parties of multi-family premises may receive waivers pursuant to § 52.36 for some requirements of this section.

(B) Except for responsible parties of multi-family premises that meet the self-hauler requirements in § 52.40, including hauling services arranged through a landscaper, responsible parties of multi-family premises shall:

(1) Subscribe to and pay for the city’s three- or more container collection services and comply with requirements of those services for all recyclable materials, organic materials, and solid waste generated at the multi-family premises as further described in division (B)(2) through (B)(6) below in this section. The city, and its designee(s), shall have the right to review the number and size of the multi-family premises’ collection 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. The responsible party of a multi-family premises shall adjust their service level for their collection services as requested by the city, or its designee;

(2) Participate in the city’s three- or more-container collection service(s) for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below.

(a) Place and/or direct its generators to place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container; and

(b) Not place and/or direct its generators to not place prohibited container contaminants in collection containers and to not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.

(3) 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 the city’s recyclable materials container, organic materials container, and solid waste container collection service or, if self-hauling, consistent with the multifamily premises’ approach to complying with self-hauler requirements in § 52.40;

(4) Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste;

(5) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials, and to keep source separated organic materials and source separated recyclable materials separate from each other and from solid waste (when applicable) and the location of containers and the rules governing their use at each property; and

(6) Provide or arrange access for the city, and/or its designee(s), to their properties during all inspections conducted in accordance with this subchapter to confirm compliance with the requirements of this subchapter.

(C) If the responsible party of a multi-family premises wants to self-haul, meet the self-hauler requirements in § 52.40.

(D) Multi-family premises that generate two cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the state) that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a multi-family premises and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this subchapter.

(E) Nothing in this section prohibits a responsible party or generator of a multi-family premises from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR § 18984.9(c).

(Prior Code, § 5424) (Ord. 21-04, passed 12-13-2021)

(A) Responsible parties of commercial businesses shall provide or arrange for recyclable materials, organic materials, and solid waste collection services consistent with this subchapter and for employees, contractors, tenants, and customers. Responsible parties of commercial premises may receive waivers pursuant to § 52.36 for some requirements of this section.

(B) Except responsible parties of commercial businesses that meet the self-hauler requirements in § 52.40, including hauling services arranged through a landscaper, responsible parties of commercial premises shall: (1) (a) Subscribe to and pay for the city’s three- or more container collection services and comply with requirements of those services for all recyclable materials, organic materials, and solid waste generated at the commercial premises as further described below in this section.

(b) The city, and its designee(s), shall have the right to review the number and size of a commercial premises’ 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.

(c) The responsible party of the commercial business shall adjust their service level for their collection services as requested by the city, or its designee;

(2) Participate in the city’s three- or more container collection service(s) for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below:

(a) Place and/or direct its generators to place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container; and

(b) Not place and/or direct its generators to not place prohibited container contaminants in collection containers and to not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.

(3) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with divisions (B)(4)(a) and (B)(4)(b) below) for employees, contractors, tenants, and customers, consistent with the city’s recyclable materials container, organic materials container, and solid waste

container collection service or, if self-hauling, consistent with the commercial premises’ approach to complying with self-hauler requirements in § 52.40;

(4) Provide containers for customers for the collection of source separated recyclable materials and source separated organic materials in all indoor and outdoor areas where solid waste containers are provided for customers, for materials generated by that commercial business. Such containers shall be visible and easily accessible. 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, as demonstrated through an approved de minimis waiver per § 52.36(A), then the responsible party of the commercial business does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR § 18984.9(b), the containers provided by the responsible party of the commercial business shall have either:

(a) A body or lid that conforms with the container colors provided through the collection service provided by 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. The responsible party of the commercial business is not required to replace functional containers that do not comply with the requirements of this division (B)(4) prior to whichever of the following comes first:

1. The end of the useful life of those containers; or

2. On the date of January 1, 2036.

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

(5) 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 city’s recyclable materials container, organic materials container, and solid waste collection service or, if self-hauling, per the instructions of the commercial business’ responsible party to support its compliance with self-hauler requirements in § 52.40;

(6) Periodically inspect recyclable materials containers, organic materials containers, and solid waste 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 § 18984.9(b)(3);

(7) Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste;

(8) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep source separated organic materials and source separated recyclable materials separate from each other and from other solid waste (when applicable) and the location of containers and the rules governing their use at each property; and

(9) Provide or arrange access for the city, or its designee, to their properties during all inspections conducted in accordance with this subchapter to confirm compliance with the requirements of this subchapter.

(C) If the responsible party of a commercial business wants to self-haul, meet the self-hauler requirements in § 52.40.

(D) Nothing in this section prohibits a responsible party or a generator of a commercial business from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR § 18984.9(c).

(E) Responsible parties of commercial businesses that are Tier One or Tier Two commercial edible food generators shall comply with food recovery requirements, pursuant to § 52.37.

(Prior Code, § 5425) (Ord. 21-04, passed 12-13-2021)

(A) De minimis waivers for multi-family premises and commercial premises. The city’s designee, or the city if there is no designee, may waive a responsible party’s obligation to comply with some or all recyclable materials and organic waste requirements of this subchapter if the responsible party of the commercial business or multi-family premises provides documentation that the commercial business or multi-family premises meets one of the criteria in divisions (A)(1) and (A)(2) below. For the purposes of divisions (A)(1) and (A)(2), the total solid waste shall be the sum of weekly container capacity measured in cubic yards for solid waste, recyclable materials, and organic materials collection service. Hauling through paper shredding service providers or other incidental services may be considered in granting a de minimis waiver.

(1) The commercial business’s or multi-family premises’ total solid waste collection service is two cubic yards or more per week and recyclable materials and organic materials subject to collection in recyclable materials container(s) or organic materials container(s) comprises less than 20 gallons per week per applicable material stream of the multifamily premises’ or commercial business’ total waste (for example, recyclable materials in the recyclable materials stream are less than 20 gallons per week or organic materials in the organic materials stream are less than 20 gallons per week); or

(2) The commercial business’ or multi-family premises’ total solid waste collection service is less than two cubic yards per week and recyclable materials and organic materials subject to collection in a recyclable materials container(s) or organic materials container(s) comprises less than ten gallons per week per applicable material stream of the multi-family premises’ or commercial business’ total waste (for example, recyclable materials in the recyclable materials stream are less than ten gallons per week or organic materials in the organic materials stream are less than ten gallons per week).

(B) Physical space waivers. The city’s designee, or the city if there is no designee, may waive a commercial business’ or multi-family premises’ obligation to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city, or its designee, has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for recyclable materials containers and/or organic materials containers required for compliance with the recyclable materials and organic materials collection requirements of §§ 52.34 or 52.35 as applicable.

(C) Review and approval of waivers. Waivers shall be granted to responsible parties by the city’s designee, or the city if there is no designee, according to the following process.

(1) Responsible parties of premises seeking waivers shall submit a completed application form to the city’s designee, or the city if there is no designee, for a waiver specifying the waiver type requested, type(s) of collection services for which they are requesting a waiver, the reason(s) for such waiver, and documentation supporting such request.

(2) Upon waiver approval, the city’s designee, or the city if there is no designee, shall specify that the waiver is valid for the following duration:

(a) For commercial premises, five years, or if property ownership changes, or if occupancy changes, whichever occurs first; and/or

(b) For multi-family premises, five years, or if property ownership changes, or if the property manager changes, whichever occurs first.

(3) The waiver holder shall notify city’s designee, or the city if there is no designee, if circumstances change such that commercial business’ or multi-family premises’ may no longer qualify for the waiver granted, in which case waiver will be rescinded.

(4) Any waiver holder must cooperate with the city, and/or its designee, for any on-site assessment of the appropriateness of the waiver.

(5) The waiver holder shall reapply to the city’s designee, or the city if there is no designee, for a waiver upon the expiration of the waiver period and shall submit any required documentation, and/or fees/payments as required by the city, and/or its designee. Failure to submit a completed application shall equate to an automatic denial of said application.

(6) The city’s designee, or the city if there is no designee, may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable.

(7) If the city’s designee does not approve a waiver application or revokes a waiver, the city may appeal the decision for additional review by the designee. The city may also, after meeting and conferring with the designee, direct the designee to approve the waiver application, and/or repeal the revocation of the waiver. (Prior Code, § 5426) (Ord. 21-04, passed 12-13-2021)

(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 § 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) (a) Arrange to recover the maximum amount of edible food that would otherwise be disposed. Food that is donated shall be free from adulteration, spoilage, and meet the food safety standards of the state’s Health and Safety Code.

(b) Food cannot be donated if it is not in compliance with the food safety standards of the state’s Health and Safety Code, including food that is returned by a customer, has been served or sold and in the possession of a consumer, or is the subject of a recall;

(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) 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 maintained pursuant to 14 CCR § 18991.4;

(5) Keep records that include the following information, or as otherwise specified in 14 CCR § 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 § 18991.3(b);

(b) A copy of all contracts or written agreements established under 14 CCR § 18991.3(b); and

(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; and

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.

• (6) Maintain records required by this section for five years; and

(7) No later than January 31 of each year commencing no later than January 31, 2023 for Tier One commercial edible food generators and January 31, 2025 for Tier Two commercial edible food generators, provide an annual food recovery report to the city, or its designee, that includes the following information:

(a) The amount, in pounds, of edible food donated to a food recovery service or food recovery organization annually;

(b) The amount, in pounds, of edible food rejected by a food recovery service or food recovery organization annually; and

(c) Any additional information required by the City Manager, or his or her designee.

(D) Nothing in this subchapter shall be construed to limit or conflict with the protections provided by the State Good Samaritan Food Donation Act of 2017, being California Assembly Bill 1219, the Federal Bill Emerson Good Samaritan Food Donation Act, being 42 U.S. Code §§ 1791 et seq., or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the state on September 25, 2017, which added Cal. Education Code Article 13 (commencing with § 49580) to Chapter 9 of Part 27 of Division 4 of Title 2, and to amend Cal. Health and Safety Code § 114079 relating to food safety, as amended, supplemented, superseded, and replaced from time to time).

(Prior Code, § 5427) (Ord. 21-04, passed 12-13-2021)

(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 § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 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; and

• (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 § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 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; and

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

• (C) Maintain records required by this section for five years.

• (D) (1) 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 § 18991.3(b) shall report to the city it is located in and the city’s designee, if applicable, 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 § 18991.3(b).

(2) The annual report shall be submitted to the city and the city’s designee, if applicable, no later than January 31 of each year.

(E) (1) In order to support edible food recovery capacity planning assessments or other studies conducted by the city 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 and the city’s designee, if applicable, 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.

(2) A food recovery service or food recovery organization contacted by the city, and/or its designee, shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city.

(F) 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 shall include language in all agreements with Tier 1 and Tier 2 edible food generators located in the city identifying and describing the State Good Samaritan Act of 2017, being California Assembly Bill 1219.

(G) Nothing in this subchapter prohibits a food recovery organization or food recovery service from refusing to accept edible food from a commercial edible food generator. (Prior Code, § 5428) (Ord. 21-04, passed 12-13-2021)

(A) Requirements for haulers.

(1) Franchise hauler(s) providing recyclable materials, organic waste, and/or solid waste collection services to generators within the city’s boundaries shall meet the following requirements and standards as a condition of approval of its contract, agreement, permit, or other authorization with the city to collect recyclable materials, organic materials, and/or solid waste:

(a) Through written notice to the city annually on or before January 31 of each year, identify the facilities to which they will transport discarded materials, including facilities for source separated recyclable materials, source separated organic materials, and solid waste unless otherwise stated in the franchise agreement, contract, permit, or license, or other authorization with the city;

(b) Transport source separated recyclable materials to a facility that recovers those materials; transport source separated organic materials to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 1; transport solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste; and transport manure to a facility that manages manure in conformance with state law and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC); and

(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 construction and demolition (C & D) debris in a manner that complies with 14 CCR § 18989.1, § 52.40, and any other applicable city requirements.

(2) Franchise hauler(s) authorized to collect recyclable materials, organic materials, and/or solid waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, or other agreement entered into with city.

(B) Requirements for facility operators and community composting operations.

(1) Owners of facilities, operations, and activities located in the city’s boundaries 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 with operations located in the city’s boundaries, 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.

(3) Owners of facilities, operations, and activities located in the city’s boundaries that receive recyclable materials, organic materials, and/or solid waste shall provide to the city on a quarterly basis copies of all reports they are required to report to CalRecycle under 14 CCR.

(Prior Code, § 5429) (Ord. 21-04, passed 12-13-2021

(A) Every self-hauler shall source separate its recyclable materials and organic materials (materials that city otherwise requires generators or responsible parties to separate for collection in the city’s recyclable materials and organic materials collection program) generated on-site from solid waste in a manner consistent with 14 CCR § 18984.1 and the city’s collection program. Self-haulers shall deliver their materials to facilities described in division (B) below. Alternatively, self-haulers may or choose not to source separate recyclable materials and organic materials and shall haul its solid waste (that includes recyclable materials and organic materials) to a high diversion organic waste processing facility subject to advance written approval by the city.

(B) Self-haulers that source separate their recyclable materials and organic materials shall haul their source separated recyclable materials to a facility that recovers those materials; haul their source separated organic waste to a facility, operation, activity, or property that processes or recovers source separated organic waste; and haul their solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste.

(C) Self-haulers that are responsible parties of commercial businesses or multi-family premises shall keep records of the amount of recyclable materials, organic waste, and solid waste delivered to each facility, operation, activity, or property that processes or recovers recyclable materials and organic waste and processes or disposes of solid waste or shall keep records of solid waste delivered to high diversion organic waste processing facilities. These records shall be subject to review by the city, and/or its designee(s). The records shall include the following information:

(1) Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic materials, and solid waste;

(2) The amount of material in cubic yards or tons transported by the generator or responsible party to each entity; and

(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 selfhauler is not required to record the weight of material but shall keep a record of the entities that received the recyclable materials, organic materials, and solid waste.

(D) Self-haulers shall retain all records and data required to be maintained by this section for no less than five years after the recyclable materials, organic materials, and/or solid waste was first delivered to the facility accepting the material.

(E) Self-haulers that are commercial businesses or multi-family premises shall provide copies of records required by this section to the city if requested by the City Manager and shall provide the records at the frequency requested by

the city.

(F) A single-family generator or single-family responsible party that self-hauls recyclable materials, organic waste, or solid waste is not required to record or report information in divisions (C) and (D) above.

(G) Pursuant to 14 CCR § 18815.9, food waste self-haulers are required to maintain records and report to CalRecycle information on the tons of food waste self-hauled and the facilities or each use of such material. Food waste self-haulers shall provide to the city on a quarterly basis copies of all reports they are required to report to CalRecycle.

(Prior Code, § 5430) (Ord. 21-04, passed 12-13-2021)

(A) The city representatives, or their designee(s), 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 subchapter by generators, responsible parties of single-family premises, responsible parties of commercial businesses, responsible parties of multi-family premises, 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, or its designee, to enter the interior of a private residential property for inspection or any other portion of the property that would otherwise be subject to an inspection warrant before inspection by the city.

(B) Entities regulated by this subchapter shall provide or arrange for access during all inspections (with the exception of residential property interiors or other areas subject to the issuance of an inspection warrant) and shall cooperate with the city representatives, or their 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 subchapter. Failure of a responsible party to provide or arrange for the following is a violation of this subchapter and may result in penalties described in § 52.42:

(1) Access to an entity’s premises; or

• (2) Access to records for any inspection or investigation.

(C) Any records obtained by a city, or its designee, 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 Cal. Government Code §§ 7920.000 et seq.

(D) The city representatives, or their designee, are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this subchapter, subject to applicable laws.

(E) The city, or its designee, shall receive written complaints from persons regarding an entity that may be potentially non-compliant with the 2016 Senate Bill 1383 regulations, including receipt of anonymous complaints under 14 CCR § 18995.3.

(F) The city representatives, and/or their designee, are authorized to provide informational notices to entities regulated by this subchapter regarding compliance with this subchapter. (Prior Code, § 5431) (Ord. 21-04, passed 12-13-2021)

(A) Violation of any provision of this subchapter 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 subchapter are issuance of an administrative citation and assessment of a fine. The city’s procedures on imposition of administrative

fines as specified in §§ 37.015 and 37.016, and 37.030 through 37.040 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 chapter and any rule or regulation adopted pursuant to this subchapter, except as otherwise indicated in this subchapter.

(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 state 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 staff and resources. In any judicial action, administrative proceeding, or special proceeding or action of any kind to enforce this subchapter, the prevailing party shall be entitled to recovery of attorney’s fees. The recovery of attorney’s fees is limited solely to causes of action directly associated with the enforcement of this subchapter. In no action, administrative hearing, or special proceeding shall an award of attorney’s fees to a prevailing party exceed the amount of reasonable attorney’s fees incurred by the city in the action or proceeding. Such attorney’s fees shall be recoverable as costs of enforcement of this subchapter. (C) (1) Enforcement pursuant to this chapter may be undertaken by the City Enforcement Official, which may be the City Manager, or his or her designated entity, legal counsel, or combination thereof.

(2) City enforcement official(s) may issue notices of violation(s).

(D) (1) City enforcement officials, and/or their designees are specifically empowered to monitor compliance with this subchapter through compliance reviews, route reviews, investigation of complaints, and an inspection program. City enforcement officials, and/or their designee, may also monitor compliance with the subchapter randomly. Section 52.41 and GBMC § 1400.1 establishes city’s right to conduct inspections and investigations.

(2) The city may issue an official notification to notify regulated entities of its obligations under this subchapter.

(3) (a) For incidences of prohibited container contaminants found in containers, the city, or its designee, will issue an informational notice of contamination to any generator or responsible party found to have prohibited container contaminants in a container.

(b) Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within five days after determining that a violation has occurred. If the city, or its designee, observes prohibited container contaminants in a responsible party’s containers on more than two consecutive occasion(s), the city may assess contamination processing fees or contamination penalties on the generator.

(4) With the exception of violations of contamination of container contents addressed under division (J) below, the city shall issue a notice of violation requiring compliance within 60 days of issuance of the notice.

(5) (a) Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to §§ 37.015 and 37.016, and 37.030 through 37.040 and this subchapter.

(b) Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the County Assessor or if no such address is available, to the owner at the address of the multi-family premises or commercial premises or to the responsible party for the collection services, depending upon available information.

• (E) The following factors shall be used when imposing penalties for violations:

• (1) The nature, circumstances, and severity of the violation(s);

• (2) The violator’s ability to pay;

• (3) The willfulness of the violator’s misconduct;

• (4) Whether the violator took measures to avoid or mitigate violations of this subchapter;

• (5) Evidence of any economic benefit resulting from the violation(s);

• (6) The deterrent effect of the penalty on the violator; and/or

• (7) Whether the violation(s) were due to conditions outside the control of the violator.

(F) The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section 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 city is under a corrective action plan with CalRecycle pursuant to 14 CCR § 18996.2 due to those deficiencies.

(G) Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with city’s procedures in §§ 37.015 and 37.016, and 37.030 through 37.040 for appeals of administrative citations. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order.

tion may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with city’s procedures in §§ 37.015 and 37.016, and 37.030 through 37.040 for appeals of administrative citations. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order.

(H) Beginning January 1, 2022 and through December 31, 2023, the city, or its designee, will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city, or its designee, determines that generator, responsible party, 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 subchapter 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) Beginning January 1, 2024, if the city determines that a generator, responsible party, 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 subchapter, it shall document the non-compliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.

• (J) The following is the enforcement table.

Table 1. List of Violations

(Prior Code, § 5432) (Ord. 21-04, passed 12-13-2021)

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

(B) (1) Any person denying or obstructing such entry to the Building Inspector, as described in § 52.13, shall be guilty of a misdemeanor.

(2) The failure to sign the citation, or to comply with the terms of the citation within the time specified, or with the other provisions of § 52.13(C), shall constitute a misdemeanor.

(Prior Code, § 5412)

(C) The penalty amounts for violations of §§ 52.30 through 52.42 are as follows.

• (1) For a first violation, the amount of the penalty shall be $50.

• (2) For a second violation, the amount of the penalty shall be $100.

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

• (Prior Code, § 5432)

• (Ord. 82, passed 11-7-1966; Ord. 84, passed 1-16-1967; Ord. 21-04, passed 12-13-2021)