Gustine Municipal Code Ch. 3 Solid Waste

Footnotes:

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State Law reference— Waste management generally, Public Resources Code § 40000; authority to contract for solid waste disposal, Public Resources Code § 49300.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

AB 939 means the California Integrated waste management Act of 1989, codified in part in Public Resources Code Section 40000 et seq., as amended, and as implemented by the regulations of CalRecycle, or its successor.

Business means a commercial entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or non-profit entity, or a multi-family residential dwelling.

C&D Debris or construction and demolition debris shall have the same meaning as described in section 8.68.020.

CalRecycle means the California Department of Resources Recycling and Recovery.

CCR means the California Code of Regulations.

City means the city of Gustine, California.

City council means the city council of Gustine, California.

Collect or collection means to take physical possession, transport, and remove solid waste, targeted recyclable materials, organic materials, or other materials within and from the city.

Combustible and semicombustible waste matter means papers, boxes, rags, clothing, old shoes, tree and shrub trimmings, dead flowers, lawn cuttings, feathers, and similar materials.

Commercial or commercial business means a business, industrial, or commercial establishment, or construction site, and any multi-family residential dwelling with five units.

Commercial edible food generator includes a tier one or a tier two commercial edible food generator as defined in this section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74).

Commercial premises means all premises in the city, other than residential premises, where solid waste, including recyclable materials and organic waste, is generated or accumulated. The term "Commercial premises" includes, but is not limited to, stores; restaurants; rooming houses; hotels; motels; office buildings; department stores; manufacturing, processing, or assembling shops or plants; hospitals; clinics; and nursing homes.

Community composting means any activity that composts yard waste, 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 Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

Compliance review means a review of records by the city to determine compliance with this chapter.

Compost has the same meaning as in 14 CCR section 17896.2(a)(4), which stated, as of the effective date of this chapter, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the solid waste stream, or which are separated at a centralized facility.

Container or containers shall mean the containers, including bins, and carts, distributed by a franchise hauler for the collection of solid waste, including recyclable materials and organic waste.

Container contamination or contaminated container means a container that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

County means the county of Merced.

Customer shall mean any person or entity receiving solid waste handling services from a solid waste enterprise, including recyclable material and organic waste collection services and/or temporary bin/roll-off services, within the city.

Designated source separated organic waste facility, as defined in 14 CCR Section 18982(14.5), means a solid waste facility that accepts a source separated organic waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:

(1) The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for organic waste received from the source separated organic waste collection stream.

a. If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required in paragraph (1) of this definition for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a "Designated source separated organic waste facility.

(2) The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a)(13), that, pursuant to the reports submitted under 14 CCR Section 18815.7, demonstrates that the percent of the material removed for landfill disposal that is organic waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.

a. If the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3) for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a "designated source separated organic waste facility." For purposes of this chapter, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).

Designee means an entity with which the city contracts or otherwise arranges to carry out any of the city's responsibilities under this chapter, as authorized in 14 CCR Section 18981.2, including but not limited to a government entity, a hauler, a private entity, or a combination thereof.

Dwelling means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except "dwelling" does not include hospitals, hotels, motels, nursing homes, or convalescent centers.

Edible food means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). Edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

Enforcement action means an action of the city to address non-compliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

Enforcement officer means the city manager, county administrative official, chief operating officer, executive director, public works director, or other executive in charge or their authorized designees who is/are partially or wholly responsible for enforcing this chapter.

Excluded waste means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the 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 chapter, 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 city's 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 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 Sections 41500 and 41802 of the California Public Resources Code.

Food distributor means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

Food facility has the same meaning as in Section 113/89 of the Health and Safety Code.

Food recovery means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

Food recovery organization means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery, either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

(1) A food bank as defined in Section 113783 of the Health and Safety Code;

(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

Food recovery service means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26).

Food scraps means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

Food service provider means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

Food-soiled paper means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

Food waste means food scraps separated from solid waste and offered for collection by a franchise hauler, that will decompose and/or putrefy including (i) all kitchen and table food waste, and animal and vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs; and (ii) paper waste contaminated with food waste.

Franchise hauler shall mean any solid waste enterprise with which the city enters an exclusive or non-exclusive franchise agreement to provide solid waste handling services within the city.

Garbage means all animal and vegetable refuse from the kitchen. Household waste which shall have been prepared for or intended to be used as food or shall have resulted from the preparation of foodstuffs intended for human consumption shall be handled commercially.

Generator means any person or other entity who is responsible for the initial creation of solid waste.

Grocery store means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

Hauler route means the designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

Hazardous waste means any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means if such waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife. It shall also include all wastes so defined by the California Health and Safety Code including "infectious waste."

Inspection means a site visit where the city or its designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with the requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

Large event means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

Large venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

Local education agency means a school district, charter school, or county office of education that is not subject to the control of city regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

Multi-family dwelling or multi-family residential dwelling means a residential structure with five or more residences.

Noncombustible waste matter means bottles, cans, wire, broken glass, and similar materials.

Notice of violation or NOV means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

Organic materials, organic waste, or organics means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, yard 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 Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

Organic waste includes, but is not limited to, food scraps, food-soiled paper, and yard waste.

Organic waste container has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated organic waste.

Person means an individual, group of individuals, and/or any legal entity recognized by the laws of the state.

Premises means every dwelling house, dwelling unit, apartment house, or multiple dwelling building, trailer, or mobile home park, store, restaurant, rooming house, hotel, motel, hospital, office building, department store; manufacturing, processing, or assembling shop or plant; warehouse; and every other property or building where any person resides or any business or activity is carried on or conducted within the city. "Recyclable materials" shall mean all garbage, trash, refuse. Construction and demolition debris, and any other solid waste discarded within city limits, which is capable of being recycled, whether generated from or at residential or commercial premises, or otherwise.

Prohibited container contaminants means the following: (i) 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; (ii) discarded materials placed in the organic waste container that are not identified as acceptable source separated organic materials for the city's organic waste container; (iii) discarded materials placed in the refuse 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 (iv) excluded waste or hazardous waste placed in any container.

Recyclable materials or recyclables means materials that can be source separated from solid waste and organic materials prior to collection for the purpose of returning these materials to the economic mainstream in the form of raw materials for new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace. "Recyclable materials" include any materials identified by the agency that can be feasibly collected and marketed for recycling by the city's franchise hauler, including, but not limited to, paper and paper products, chipboard, cardboard, plastic food and beverage containers, glass jars and bottles, aluminum, tin, and bimetal cans.

Recyclable materials container has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.

Recycle or recycling means the process of collecting, sorting, cleaning, treating, and reconstituting materials that would otherwise be disposed of, and then returning these materials to the economic mainstream in the form of raw materials for use or reuse as new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace as defined in Public Resources Code Section 40180. "Recycling" does not include burning, incinerating, or thermally destroying solid waste, as defined in Public Resources Code Section 40201. The city shall specify additional materials covered under this chapter at its discretion.

Refuse shall have the same meaning as "solid waste."

Refuse container has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of refuse or solid waste.

Route review means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(675).

SB 1383 means Senate Bill 1383 (Chapter 395, Statutes of 2016).

SB 1383 regulations means 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-hauler means a person, who hauls solid waste, recyclable materials, or organic waste, that he or she has generated to an appropriate processing facility. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). "Back-haul" means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

Solid waste shall mean and include all discarded putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, rubbish, construction waste, yard waste, demolition debris, industrial waste, organic waste, bulky items, and any other discarded solid, semisolid, and liquid waste permitted to be disposed of at a class III landfill and which is included within the definition of "nonhazardous solid waste" set forth in the California Code of Regulations, as amended.

Solid waste enterprise shall mean any individual, partnership, joint venture, unincorporated private organization, or private corporation, regularly engaged in the business of providing solid waste handling services.

Solid waste handling services shall mean the collection, transportation, storage, transfer, disposal or processing of solid waste for compensation.

State means the State of California.

Temporary bin/roll-off service shall mean on-call solid waste handling services provided on an as-needed and temporary basis by use of temporarily-placed bins, regardless of whether or not such bins are actually placed upon any street or property within the city or left attached to the vehicle used to transport such bins.

Tier one commercial edible food generator means a commercial edible food generator that is one or more of the following:

(1) Supermarket.

(2) Grocery store with a total facility size equal to or greater than 10,000 square feet.

(3) Food service provider.

(4) Food distributor.

(5) Wholesale food vendor.

Tier two commercial edible food generator means a commercial edible food generator that is one or more of the following:

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

(2) Hotel with an on-site food facility and 200 or more rooms.

(3) Health facility with an on-site food facility and 100 or more beds.

(4) Large venue.

(5) Large event.

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

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

Wholesale food vendor means 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 Section 189852(a)(76).

Yard waste means organic waste generated from the maintenance or alteration of landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and weeds.

(Code 1966, § 6-2.101; Ord. No. 516, § 2(Exh. A), 6-21-2022; Ord. No. 521, § 2(Exh. A), 6-20-2023)

The city council, by resolution, may provide such additional rules and regulations as it may deem necessary or advisable to accomplish the intent and purpose of this chapter.

(Code 1966, § 6-2.113; Ord. No. 516, § 2(Exh. A), 6-21-2022; Ord. No. 521, § 2(Exh. A), 6-20-2023)

All members of the police department and the health officer are hereby specifically required to enforce the provisions of this chapter and shall have the right to enter upon all premises, except within private dwellings, for the purpose of ascertaining the sanitary condition of such premises and whether the provisions of this chapter are being compiled with.

(Code 1966, § 6-2.111; Ord. No. 516, § 2(Exh. A), 6-21-2022; Ord. No. 521, § 2(Exh. A), 6-20-2023)

(a) The city, through its franchise hauler, provides each commercial business with, at a minimum, three containers, one for organic materials, one for recyclable materials, and one for refuse. Pursuant to the terms of the city's franchise agreement with its franchise hauler, commercial businesses may request or order additional containers and compactors.

(b) The city, through its franchise hauler, provides each residential customer with three containers, one for organic materials, one for recyclable materials, and one for refuse. They will be on wheels and easily maneuverable. The containers remain the property of the city and will remain with the premises should a generator move. The containers are registered to the property address via a serial number marked on the container. The organic materials container is for organic waste suitable for composting, the recyclable materials container is for recyclable materials suitable for recycling, and the refuse container is for all other solid waste.

(c) It shall be unlawful for any person to deposit, keep, or accumulate, or cause or permit to be deposited, kept or cause to be kept, or accumulated, any solid waste in or upon any lot or parcel of land or any public or private drive, alley, or street, or any house, store, restaurant, or other place in the city unless such solid waste shall be enclosed in a container supplied by the city.

(d) Each such container shall be placed for collection in a convenient place easily accessible to the city's franchise hauler(s) and as otherwise specified by the city.

(Code 1966, §§ 6-2.102, 6-2.104; Ord. No. 516, § 2(Exh. A), 6-21-2022; Ord. No. 521, § 2(Exh. A), 6-20-2023)

It shall be unlawful for any person other than (1) the generator and/or owner of the solid waste in question, or (2) the city and its designee to interfere in any manner with any container used for the accumulation or handling of solid waste, or to remove any such container from the location where it shall have been placed by the generator, owner, or other person lawfully in control thereof, or to remove the contents from any such container.

(Code 1966, § 6-2.105; Ord. No. 516, § 2(Exh. A), 6-21-2022; Ord. No. 521, § 2(Exh. A), 6-20-2023)

It shall be unlawful for any person to place, or cause or permit to be placed, in any container in which solid waste is placed for collection, any dead animals or birds.

(Code 1966, § 6-2.106; Ord. No. 516, § 2(Exh. A), 6-21-2022; Ord. No. 521, § 2(Exh. A), 6-20-2023)

It shall be unlawful for any person to collect, remove, or convey, or cause or permit to be collected, removed, or conveyed, any solid waste upon or along any public street, alley, or other public place in the city; provided, however, that the provisions of this section shall not apply to any person under contract with the city for the purpose of engaging in solid waste handling services.

(Code 1966, § 6-2.107; Ord. No. 516, § 2(Exh. A), 6-21-2022; Ord. No. 521, § 2(Exh. A), 6-20-2023)

(a) Burying. It shall be unlawful for any person to place or bury solid waste in any hole or excavation.

(b) Burning. It shall be unlawful for any person to cause or permit to be burned any solid waste.

(Code 1966, § 6-2.108; Ord. No. 516, § 2(Exh. A), 6-21-2022; Ord. No. 521, § 2(Exh. A), 6-20-2023)

State Law reference— Burning of garbage, Public Resources Code § 49600 et seq.

(a) The city council shall from time to time prescribe by resolution the rates to be charged for solid waste handling services. Such charges shall be fair and reasonable and shall be based on the quantity of solid waste required to be hauled from a particular generator or class of generators.

(b) A charge shall be assessed against all occupied premises within the city for the collection, removal, and disposal of solid waste, including noncombustible waste matter and for the inspections of premises by the city's health officer, with such charge fixed by resolution of the city council. Such charges shall be for making sanitary inspections of premises and for the collection and removal of solid waste, including noncombustible waste matter, resulting from other than normal use of occupied premises. This provision shall not be construed as preventing the city from imposing reasonable extra charges for such special inspection work or for the removal of excessive amounts of solid waste, including noncombustible waste matter. In the event of a dispute, the city council shall determine and order the number of times solid waste and noncombustible waste matter shall be removed from the occupied premises.

(c) Such charges shall be paid to the city, and all established rules and regulations for the assessment of water bills, shall apply in the assessment and collection of solid waste bills.

(Code 1966, §§ 6-2.109, 6-2.110, 6.2-112; Ord. No. 516, § 2(Exh. A), 6-21-2022; Ord. No. 521, § 2(Exh. A), 6-20-2023)

Single family organic waste generators shall comply with the following requirements:

(1) Subscribe to the city's three-container collection services. The city shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper source separation and containment of materials; and single-family generators shall adjust their service levels for their collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste through backyard residential composting, and/or using a community composting site.

(2) Participate in the city's three-container collection service(s) by placing source separated organic waste, including food waste, in the organic waste container, all recyclable materials in the recyclable materials container, and all refuse in the refuse container. Generator shall not place materials designated for the refuse container into the organic waste container or recyclable materials container, nor materials designated for the organic waste container or recyclable materials container, respectively, into the refuse container.

(Ord. No. 516, § 2(Exh. A), 6-21-2022; Ord. No. 521, § 2(Exh. A), 6-20-2023)

Commercial businesses, including multi-family residential dwellings, shall comply with the following requirements:

(1) Unless a waiver is granted as set forth in this chapter, subscribe to the city's three-container collection services and comply with requirements of those services as described below in section 11-3-11(2), except commercial businesses that meet the self-hauler requirements of this chapter. The city shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper source separation and containment of materials; and commercial businesses shall adjust their service levels for their collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste through backyard residential composting, and/or using a community composting site. Commercial businesses may meet the requirements of this subsection through joint or shared service provided to other generators located on the same or adjacent property, with prior written approval of the city within its procedures for determining eligibility and approval.

(2) Unless a waiver is granted as set forth in this chapter, participate in the city's three-container collection services by placing source separated organic waste, including food waste, in the organic waste container; source separated recyclable materials in the recyclable materials container; and refuse in the refuse container. Generator shall not place materials designated for the refuse container into the organic waste container or recyclable materials container, nor materials designated for the organic waste container or recyclable materials container, respectively, into the refuse container.

(Ord. No. 516, § 2(Exh. A), 6-21-2022; Ord. No. 521, § 2(Exh. A), 6-20-2023)

(a) De minimis waivers. The city may waive the requirements to receive three-container collection services in this chapter as permitted by applicable law and where the city determines that the generator does not generate sufficient quantities of a material type to justify service. Waivers may be granted for organic waste or recyclable service but not for refuse. Waivers may only be granted to commercial businesses (including a multi-family residential dwelling).

(b) Physical space waivers. The city may waive the requirements to receive three-container collection services in this chapter as permitted by applicable law and where the city determines that the generator does not have sufficient space for collection containers. Waivers may be granted for organic waste or recyclable service. Waivers may only be granted to commercial businesses (including a multi-family residential dwelling).

(c) Self-hauler waivers. The city may waive the requirements to receive three-container collection services in this chapter for self-haulers that are commercial businesses (including multi-family residential dwellings).

(d) Additional waivers. The city may waive the requirements to receive three-container collection services in this chapter as permitted by applicable law and where the city determines that doing so is in furtherance of the health and safety of the community.

(e) Review and approval of waivers by the city. The city manager or designee, will be responsible for review and approval of waivers. Waivers may be for a set period of time and must be renewed upon expiration of the identified time period.

(Ord. No. 516, § 2(Exh. A), 6-21-2022; Ord. No. 521, § 2(Exh. A), 6-20-2023)

(a) Tier one commercial edible food generators must comply with the requirements of this section, and tier two commercial edible food generators must comply commencing January 1, 2024.

(b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

(c) Commercial edible food generators shall comply with the following requirements:

(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.

(2) Enter into a written agreement with food recovery organizations or food recovery services for:

a. The collection of edible food for edible food recovery from the tier one or tier two commercial edible food generator's premises; or,

b. The acceptance of edible food that the tier one or tier two commercial edible food generator Self-hauls to the food recovery organization.

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

(4) Allow the city's designated enforcement officer or designee to access the premises and to review records pursuant to 14 CCR Section 18991.4.

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

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

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

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

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

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

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

4. The quantity of edible food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for purposes of food recovery.

d. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 (Chapter 285, Statutes of 2017).

(Ord. No. 516, § 2(Exh. A), 6-21-2022; Ord. No. 521, § 2(Exh. A), 6-20-2023)

(a) Food recovery services collecting or receiving edible food directly from commercial edible food generators via a contract or written agreement established under 14 CCR Section 18991.3(b) shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

(1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

(2) The quantity in pounds of edible food collected from each commercial edible food generator per month.

(3) The quantity in pounds of edible food transported to each food recovery organization per month.

(4) The name, address, and contact information for each food recovery organization for which the food recovery service transports edible food for food recovery.

(b) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators via a contract or written agreement established under 14 CCR Section 18991.3(b) shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

(1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

(2) The quantity in pounds of edible food collected from each commercial edible food generator per month.

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

(c) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall, no later than March 1, July 1, and September 1 of each calendar year, report to the city in which they are located the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators with which they have established a contract or written agreement pursuant to 14 CCR Section 18991.3(b).

(d) In order to support edible food recovery capacity planning assessments and other studies, food recovery services and food recovery organizations operating in the city shall, upon request, provide information and consultation to the city regarding existing or proposed new or expanded food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city.

(Ord. No. 516, § 2(Exh. A), 6-21-2022; Ord. No. 521, § 2(Exh. A), 6-20-2023)

(a) Nothing in this chapter shall preclude any person, solid waste customer, commercial generator, or multi-family generator from self-hauling recyclable materials or organic materials generated by that entity to a solid waste facility suitable to receive the type(s) of waste hauled.

(b) Self-haulers shall:

(1) Source separate all organic materials generated on-site from solid waste in a manner consistent with 14 OCR Sections 18984.1 and 18984.2, or shall haul organic waste to a solid waste facility or a chipping/ grinding operation that processes or recovers source separated organic materials.

(2) Source separate all recyclable materials generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul recyclable materials to a solid waste facility that recovers those materials.

(3) Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of organic materials delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:

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

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

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

(4) Self-haulers that are commercial businesses (including multi-family residential dwellings) shall provide information collected pursuant to this section to the city if requested.

(5) Residential single-family generators are allowed to self-haul waste, recyclable materials or organic materials at any time but doing so does not exempt them at any time from any portion of section 11-3-10, requirements for single-family generators. A residential single-family generator that also self-hauls materials is not required to record or report information as otherwise required by this section.

(6) Notwithstanding the foregoing, self-haulers shall not dispose of any solid waste in any manner not permitted by this chapter. To do so is a violation of this chapter punishable as set out in section 11-3-18.

(7) Exemptions. The following activities and circumstances are permitted notwithstanding anything to the contrary in this chapter and do not qualify as self-hauling under this chapter subject to the reporting and other obligations:

a. Yard waste removed from a premise by a gardening, landscaping, or tree-trimming contractor having a city business license and as an incidental part of a total service offered by that contractor other than as a disposal service, and tree trimmings, clippings, and all similar materials generated at parks and other publicly-maintained premises;

b. Construction and demolition debris removed from a premise by a licensed contractor as an incidental part of a total service offered by that contractor other than as a disposal service;

c. The collection of hazardous material or dangerous waste as part of a hazardous material collection activity authorized by the county environmental health division, including, without limitation, liquid and dry caustics, acids, bio-hazardous, flammable, or explosive materials, insecticides, and similar substances; and

d. Recyclable materials and organic materials generated at any premises or place of business and which are transported personally by the owner or occupant of such premises (or by his or her full-time employees) to a solid waste or recycling facility in a manner consistent with this chapter and other applicable laws.

(Ord. No. 516, § 2(Exh. A), 6-21-2022; Ord. No. 521, § 2(Exh. A), 6-20-2023)

(a) Requirements for haulers.

(1) Haulers shall meet the following requirements and standards as a condition of approval of a permit or other authorization with the city to collect organic materials.

a. Through written notice to the city annually on or before July.

1. Identify the facilities to which they will transport organic materials, including facilities for source separated recyclable materials and source separated organic waste.

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

c. Obtain approval from the city to haul organic materials, unless it is transporting source separated organic materials to a community composting site or lawfully transporting construction and demolition debris.

(2) Each hauler authorized to collect organic materials shall comply with education, equipment, signage, container-labeling, container color, container contamination monitoring, reporting, and other requirements contained within its agreement entered into with the city.

a. Owners of facilities, operations, and activities that recover organic materials, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the city's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.

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

(Ord. No. 516, § 2(Exh. A), 6-21-2022; Ord. No. 521, § 2(Exh. A), 6-20-2023)

Editor's note— Ord. No. 521, § 2(Exh. A), adopted June 20, 2023, repealed § 11-3-17, which pertained to inspections and investigations and derived from Ord. No. 516, § 2(Exh. A), 6-21-2022.

Violation of any provision of this chapter shall be subject to any criminal and civil penalties provided by this code or applicable law.

(Ord. No. 516, § 2(Exh. A), 6-21-2022; Ord. No. 521, § 2(Exh. A), 6-20-2023)