Hawthorne Municipal Code Ch. 8.17 Mandatory Organic Waste Disposal Reduction

Words and phrases defined in Chapter 8.16 of this code shall have the same meaning when used in this chapter.

(Ord. 2226 § 2, 2021)

A. To protect public health, safety and well-being and to prevent the spread of vectors, all responsible parties, whether at a residential or commercial location or otherwise, shall make arrangements with the city's franchisee for three-container collection service for regular collection services of recyclable materials, organic materials, and solid waste and comply with the requirements of those services as described below. It is unlawful for any such person to fail, refuse or neglect to do so. An occupant of any real property within the city shall be deemed to have complied with this subsection if the owner of the premises occupied has caused to be made such appropriate arrangements for collection of discarded materials upon all portions of the premises occupied by the occupant. An owner shall be deemed to have complied with this subsection if an occupant or occupants has or have caused to be made such appropriate arrangements for collection of all discarded materials upon all portions of the premises.

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 of materials and containment of materials. The responsible parties shall adjust their service level for their collection services as requested by the city.

The minimum collection schedule for discarded materials generated on the premises shall be no less than once a week with the exception of construction and demolition debris. Upon notice from the city that additional collection is necessary for the premises, the owner, occupant, or other person in charge of the day-to-day operation of the premises shall make arrangements with the appropriate authorized hauler for collection more frequently than once a week.

B. It is unlawful and a public nuisance for any person to occupy, inhabit or conduct business on any property within the city for which appropriate arrangements have not been made and kept in full force and effect, including payment therefor, for regular discarded materials collection services, in compliance with subsection A of this section.

C. Every person having a duty, pursuant to subsection A of this section, to make or cause to be made arrangements for regular discarded materials collection services, shall be liable for payment of the appropriate service fees and charges therefor to the same extent and at the same times, whether such person has or has not made the appropriate arrangements for collection services in compliance with subsection A of this section. Whenever the fees or charges for such services have not been paid when due, owners and occupants of the property shall be jointly and severally liable for payment thereof (together with any applicable penalties and interest) irrespective of which person made the arrangements for collection services, provided that an occupant of only a portion of a parcel of real property or building shall be deemed liable only for the fees or charges, or portion thereof, attributable to collection services for discarded materials produced or to be produced or accumulated by that occupant.

D. Owners of premises which have been unoccupied of human habitation and upon which no discarded materials have been produced or accumulated (other than yard waste such as clippings, branches, leaves and the like, which has been promptly removed by personnel doing gardening work on the premises), for six consecutive months or more may be exempted for a period of no more that twelve months or until the property becomes occupied or produces or accumulates discarded materials. Should the property remain vacant upon the expiration of the exemption period, the property owner may apply to the city for an additional exemption.

To request city authorization for this exception, a property owner must submit a declaration signed under penalty of perjury affirming that they own the property, and that the property has been unoccupied for a minimum of six consecutive months and will remain vacant for the foreseeable future to the city's public works director. Unless the director has reason to believe that the request is untruthful, the director shall advise the property owner and the authorized hauler in writing of the exemption and its approved duration. Any property owner who has received an exemption pursuant to this subsection shall immediately notify the director in writing should the property become occupied during the exemption period. Upon expiration of the exemption or should the property become occupied, the exception shall cease to apply and the property owner shall make arrangements with the city's franchised discarded materials collection service for regular collection services.

E. All responsible parties, whether at a residential or commercial location or otherwise, excepting only those persons and circumstances, shall participate in the city's authorized hauler or franchisee's three-container collection service(s) in the manner described below:

1. 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.

2. Not place and/or 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.

F. Nothing in this section prohibits a responsible party or generator from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR.

(Ord. 2226 § 2, 2021)

A. Responsible parties of multifamily premises shall:

1. Supply and allow access to adequate number, size and location of collection containers with sufficient labels and colors, compliant with SB 1383, for employees, contractors, tenants, and customers, consistent with city's recyclable materials container, organic materials container, and solid waste container collection service or, if selfhauling, consistent with the multifamily premises' approach to complying with self-hauler requirements in Sections 8.17.150 and 8.17.210 of this chapter.

2. 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.

3. Provide education information before or within fourteen 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.

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

5. If ever implemented by city, accommodate and cooperate with city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, if implemented, to evaluate responsible party's compliance. The remote monitoring program shall involve installation of remote monitoring equipment on or in the recyclable materials containers, organic materials containers, and solid waste containers.

6. At the option of the responsible party of a multifamily premises and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its recyclable materials containers, organic materials containers, and solid waste containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Responsible parties may install remote monitoring devices on or in the recyclable materials containers, organic materials containers, and solid waste containers subject to written notification to or approval by the city or its designee.

7. If the responsible party of a multifamily premises wants to self-haul, meet the self-hauler requirements in Sections 8.17.150 and 8.17.210 of this chapter.

8. Multifamily 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 multifamily premises and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this chapter.

(Ord. 2226 § 2, 2021)

Responsible parties of commercial premises shall:

A. Supply and allow access to adequate number, size and location of collection containers with sufficient labels and colors, compliant with SB 1383, for employees, contractors, tenants, and customers, consistent with city's recyclable materials container, organic materials container, and solid waste container collection service or, if selfhauling, consistent with the commercial premises' approach to complying with self-hauler requirements in Sections 8.17.150 and 8.17.210 of this chapter.

B. Provide containers 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, 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, the containers provided by the responsible party of the commercial business shall have either:

1. 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, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images, or both, indicating the primary materials accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR, the container labeling requirements are required on new containers commencing January 1, 2022.

C. 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's responsible party to support its compliance with self-hauler requirements in Sections 8.17.150 and 8.17.210 of this chapter.

D. Annually inspect recyclable materials containers, organic materials containers, and solid waste containers for contamination and inform employees if contaminated containers are found and of the requirements to keep contaminants out of those containers pursuant to 14 CCR.

E. 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.

F. Provide education information before or within fourteen 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.

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

H. If implemented by city, accommodate and cooperate with city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, if implemented, to evaluate responsible party's compliance with this chapter. The remote monitoring program shall involve installation of remote monitoring equipment on or in the recyclable materials containers, organic materials containers, and solid waste containers.

I. At the option of the responsible party of the commercial business and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its recyclable materials containers, organic materials containers, and solid waste containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Responsible parties may install remote monitoring devices on or in the recyclable materials containers, organic materials containers, and solid waste containers subject to written notification to or approval by the city or its designee.

J. If the responsible party of a commercial business wants to self-haul, meet the self-hauler requirements in Sections 8.17.150 and 8.17.210 of this chapter.

K. Responsible parties of commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.17.050 of this chapter.

(Ord. 2226 § 2, 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 with this section commencing January 1, 2024, pursuant to 14 CCR.

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

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

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

2. Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

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

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

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

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.

b. A copy of all food recovery contracts or written agreements established under 14 CCR.

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

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

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

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

iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for 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 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. 2226 § 2, 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, shall maintain the following records, or as otherwise specified by 14 CCR:

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

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

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

4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR, shall maintain the following records, or as otherwise specified by 14 CCR:

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

2. The quantity in pounds of edible food received from each commercial edible food generator per month.

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

C. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b). The annual report shall be submitted to the city no later than June 30th of each year.

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

E. 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 one and tier two edible food generators located in the city identifying and describing the California Good Samaritan Act, as may be amended from time to time.

(Ord. 2226 § 2, 2021)

A. All school districts and all local, regional, state or federal governmental agencies are not required by this chapter to make arrangements with the city's authorized hauler for the collection, removal and/or disposal of discarded materials.

B. The following are not required to be collected by the city's authorized hauler:

1. All recyclable materials source separated from solid waste by the owner and/or operator of the premises from which the solid waste was generated, whereby the generator of the recyclable materials sells or is otherwise compensated by a collector of the recyclable materials in a manner resulting in a net payment to the owner and/or operator;

2. Recyclable materials and organic materials source separated at the premises by the owner and/or operator of the premises and donated to a youth, civic or charitable organization;

3. Containers delivered for recycling under the California Beverage Container Recycling Litter Reduction Act, Sections 14500 et seq. of the California Public Resources Code;

4. Yard waste removed from the premises by a gardener, landscaper or a tree trimming company, or similar business or occupation, as an incidental part of a total service offered by such person;

5. Construction and demolition debris;

6. The collection, removal and disposal or diversion of discarded materials by the city through city officers, agents or employees, or any other person designated by the city.

C. Commercial businesses and multifamily premises may be exempted by the city from some of the requirements to make arrangements with the city's authorized hauler for the collection of discarded materials, by meeting the self-hauler requirements in Sections 8.17.150 and 8.17.210 of this chapter.

D. Premises, approved by the city, that are demolished, no longer authorized to be occupied, or the customer documents to the satisfaction of the city that all the discarded materials generated at the premises are properly disposed of in another way in compliance with SB 1383. In such an event, authorized hauler shall cease providing collection services to customers within the time frame the city representative may direct. Authorized hauler shall revise the customer lists to show the deletion of such customers and shall provide such revised lists to the city upon request including the service type that was discontinued.

(Ord. 2226 § 2, 2021)

A. Container Specifications. Every owner, tenant, employee or occupant of any premises where discarded materials are created shall provide, or the person who collects those discarded materials shall provide, upon such premises one or more discarded materials containers of the size, material and type that may be provided by regulations promulgated by the director of public works.

B. Where to be Kept. All such containers shall at all times be located in such places as to be readily accessible for removing and emptying the same, but shall not be placed within the limits of any street, unless by direction of the city engineer, or anywhere so as to constitute a nuisance. On the day set for collection, but not before twelve hours of such day, containers to be collected shall be placed as follows: where there is an alley, other than a blind alley, in the rear of the premises, the containers shall be placed in such alley and next to the rear property line of such premises. In all other cases, the containers shall be placed on the curb in front of the premises. All containers so placed for collection shall be removed from the street within twelve hours after the contents thereof have been collected.

C. Interference. No person other than the owner thereof, or any officer, employee or licensee of the city shall move, remove or interfere with any discarded materials container, or the contents thereof.

D. Containers Provided by Franchisee. Any containers provided by the city's franchisee shall comply with the terms of the agreement with the city. Franchisee is responsible for container color and label compliance with SB 1383.

E. Recyclable Materials and Organic Materials Container Labels. In addition to any and all other identification requirements, recyclable materials and organic materials containers placed within the city shall carry a label indicating which materials are and are not permitted to be placed within these containers. The authorized hauler shall design and place these labels on each such container prior to distribution and shall replace them when materials accepted change or labels become worn. Labels shall be written in both English and Spanish and be compliant with SB 1383 container labeling requirements.

(Prior code § 9-803; Ord. 1766 § 3, 2003; Ord. 2226 § 2, 2021)

A. Generally. All discarded materials containers shall be kept in a clean and sanitary condition by the owner or person using the same.

B. Containers to be Tight. Containers shall be kept tightly covered at all times, except when discarded materials are being deposited therein or removed therefrom, and shall at all times be proof against access by flies to the contents thereof.

C. Weight of Discarded Materials Containers. Loaded containers shall not exceed weight limits prescribed on containers or otherwise by written notice by the owner of the container, as approved by the city.

(Prior code § 9-804; Ord. 1766 § 4, 2003; Ord. 2226 § 2, 2021)

A. All discarded materials shall be placed in containers, except for bulky waste, bundles or boxes weighing no more than sixty pounds, or carts weighing no more than one hundred fifty pounds each set out in compliance with any excess discarded materials set-out program approved by the director of public works.

B. The owner or occupant of any premises where an infectious or contagious disease has prevailed shall forthwith notify the health officer and shall dispose of articles which are, or might be, affected in accordance with his directions.

C. Nothing contained in subsections A and B of this section shall authorize, and it is unlawful for any pharmacist, physician, surgeon, dentist, podiatrist, veterinarian, nurse, nurse's aid or helper, or any other person engaged in a similar profession or occupation, or the agent or employee of any such person, or for any clinic or hospital, or any agent or employee of any such clinic or hospital, or for any other person or custodian responsible for the disposal of such material, to dispose of any unused, used or partly used containers, bottles, hypodermic syringes, hypodermic needles, drugs, medicines, medical supplies or other similar items customarily used by any such person, clinic or hospital, including bandages or dressings, by placing any such item in any container authorized and required by Section 8.16.080.

D. Hazardous Waste. Hazardous waste shall not be placed in any container to be used for discarded materials collection by authorized hauler.

E. Organic Materials and Recyclable Materials. Organic materials and recyclable materials to be collected by an authorized hauler shall be placed in the container designated for such materials by the authorized hauler.

F. Other Requirements. Containers shall be used in accordance with the noticed requirements of the authorized hauler.

(Prior code § 9-805; Ord. 1766 §§ 5—6, 2003; Ord. 2226 § 2, 2021)

A. City or Contractor. The collection, removal and disposal of all discarded materials shall only be performed or franchised by the city under the supervision of the city manager; and for such purpose contracts or franchise agreements may be made, let, or entered into with any person, with or without advertising for bids. The city council may prescribe the terms, conditions or limitations in contracts or franchise agreements as it may deem necessary, including granting semi-exclusive or exclusive franchises and prescribing amounts and terms of insurance and bonds and charging franchise or other collection administrative fees.

B. Gardeners. Every person engaging in the business of gardening or landscaping is authorized to collect, remove, and diverting from landfilling of yard trimmings as an incident to such business.

C. Use of Streets. No person shall remove or convey any discarded materials upon or along any street unless in the employ of the city and assigned by the city manager to the work of discarded materials collection; or an authorized hauler under contract with the city for the collection, removal, disposal, processing, or purchase of discarded materials, or an employee of such authorized hauler during such time as such contract shall be in force; or otherwise authorized to collect, remove, process, or dispose of discarded materials; or conveying discarded materials collected outside of the city.

D. Leakage. Any person authorized or licensed by the city to collect, remove, process or dispose of discarded materials and any person conveying discarded materials collected outside of the city upon or along any street shall prevent the leakage or deposit of such matter on the streets in the city. In case any person is responsible for the leakage or deposit of discarded materials upon or along any street in the city, said person shall pay the cost of removal of such discarded materials.

E. Unauthorized Use of Containers. With the exception of containers placed in public areas for use of the public, no person shall enter the property of another and utilize the container on such property for disposal, without the permission of the owner, occupant, or person otherwise responsible for the container. No person shall place anything other than recyclable materials in collection containers designated for recyclable materials by the authorized hauler. No person shall place anything other than organic materials in collection containers designated for organic materials by the authorized hauler.

(Prior code § 9-806; Ord. 1766 § 7, 2003; Ord. 2226 § 2, 2021)

A. The health officer and the fire chief shall visit all premises within the city from time to time and examine the conditions of said premises to determine whether the provisions of this chapter are being complied with. He shall report to the city manager all violations of this chapter and all places where discarded materials shall be removed. Upon notification by the health officer or the fire chief, all persons shall comply with the provisions of this chapter or be deemed guilty of a violation of this municipal code and subject to an administrative citation in accordance with Chapters 1.23A and 1.23B.

B. City representatives and/or its designee are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by generators, responsible parties of commercial businesses, responsible parties of multifamily premises, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city to enter the interior of a private residential property for inspection. For the purposes of in-specting commercial businesses' or multifamily premises' containers for compliance with this chapter, city may conduct container inspections for prohibited container contaminants using remote monitoring, if implemented, and responsible parties of multifamily premises and commercial businesses and generators at such premises shall accommodate and cooperate with the remote monitoring pursuant to this chapter.

C. Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's representative or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure of a responsible party to provide or arrange for: (1) access to an entity's premises; (2) installation and operation of remote monitoring equipment; or (3) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.17.290.

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

E. City representatives or its designee are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

F. City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints.

(Prior code § 9810; Ord. 2226 § 2, 2021)

All vehicles used for discarded materials collection within the residential area of the city shall be required:

A. To be completely enclosed with metal coverings while transporting discarded materials in or through the city. "Completely enclosed with metal coverings" means that no discarded materials shall be visible from the street, nor shall any of said substances be permitted to leak, spill or become deposited upon the public streets.

B. To be designed so that when engaged in actual collection of discarded materials, the only open portion of the collection body shall be the loading port which is that part of a vehicle where the collected matter enters the body of the truck. The loading port shall not exceed eighty square feet in area;

C. To be designed in such a way that loading of the vehicle may be accomplished without lifting discarded materials containers more than six feet from the street level.

D. To be equipped with either mechanical or hydraulic compaction or pusher type devices designed to facilitate the loading and compaction of collected materials in all the metal enclosed bodies.

E. Trucks are required to carry a broom, rake and shovel of adequate size to clean up any spilled discarded materials and petroleum absorbent materials to clean up liquid leaks and spills.

F. No person shall transport discarded materials over any public street, alley, highway, right-of-way, or other public place, except in watertight vessels or tanks or in vehicles or boxes constructed of steel, galvanized iron, or some other metallic substance. Each such vessel, receptacle, tank, vehicle, or box shall, while the same contains discarded materials, be securely and tightly covered and closed in such a manner so as to prevent the contents thereof from escaping, and so as to prevent the escape of odors therefrom. Every vehicle containing any such vessel, tank, receptacle, or box shall be so loaded and driven so as to prevent the contents contained therein from falling from such vehicle or escaping therefrom.

G. Every vessel, receptacle, tank, or box shall be thoroughly cleaned and disinfected at least once each week or more frequently as necessary to avoid the creation of a nuisance.

H. Collection vehicles shall display the name of the authorized hauler in large enough letters that the vehicle may be easily identified as belonging to an authorized hauler. If authorized hauler uses a vehicle displaying the name of an affiliated company, the affiliated company's name must be indicated on the permit application. Improperly identified vehicles may be treated as belonging to non-authorized hauler.

(Prior code § 9-813; Ord. 1766 § 11, 2003; Ord. 2226 § 2, 2021)

All vehicles used in the collection of discarded materials in areas of the city other than residential shall meet the following requirements:

A. Trucks are required to carry a broom, rake and shovel of adequate size to clean up any spilled discarded materials and petroleum absorbent materials to clean up liquid leaks and spills.

B. Loaded in such a manner that none of the collected material extends above the top of the body during collection or transportation.

C. Equipped with a tight-fitting cover designed to fit flush across the top of the vehicle body. This cover must be stretched across the top of said vehicle body so as to protect against discarded materials being spilled, leaked or deposited on the streets whenever the vehicle is in the process of transporting discarded materials in or through the city. Said cover need not be in place when discarded materials are in the process of being collected.

D. No person shall transport discarded materials over any public street, alley, highway, right-of-way, or other public place, except in watertight vessels or tanks or in vehicles or boxes constructed of steel, galvanized iron, or some other metallic substance. Each such vessel, receptacle, tank, vehicle, or box shall, while the same contains discarded materials, be securely and tightly covered and closed in such a manner so as to prevent the contents thereof from escaping, and so as to prevent the escape of odors therefrom. Every vehicle containing any such vessel, tank, receptacle, or box shall be so loaded and driven so as to prevent the contents contained therein from falling from such vehicle or escaping therefrom.

E. Every vessel, receptacle, tank, or box shall be thoroughly cleaned and disinfected at least once each week or more frequently as necessary to avoid the creation of a nuisance.

F. Collection vehicles shall display the name of the authorized hauler in large enough letters that the vehicle may be easily identified as belonging to an authorized hauler. If authorized hauler uses a vehicle displaying the name of an affiliated company, the affiliated company's name must be indicated on the permit application. Improperly identified vehicles may be treated as belonging to non-authorized haulers.

(Prior code § 9-814; Ord. 1766 §§ 12—14, 2003; Ord. 2226 § 2, 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 franchisee's recyclable materials and organic materials collection program) generated on site from solid waste in a manner consistent with 14 CCR and the city's collection program. Self-haulers shall deliver their materials to facilities described below. Alternatively, selfhaulers 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 that is approved 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; haul their 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 14 CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC).

C. Self-haulers that are responsible parties of commercial businesses or multifamily 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 inspection by the city or its designee. 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.

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 multifamily premises shall provide copies of records required by this section to city if requested by the city manager and shall provide the records at the frequency requested by the city manager.

F. A single-family waste generator or single-family responsible party that self-hauls recyclable materials, organic waste, or solid waste is not required to record or report information. Single-family generators or single-family responsible parties are not exempt and cannot be waived from subscribing to an authorized hauler's collection service.

G. Pursuant to 14 CCR, 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.

H. Self-haul applicants must submit the following documentation in form and substance satisfactory to the city:

1. Invoice for Applicant's Serviced Premises. A current dated invoice from the city's authorized hauler in the customer's name, identifying the address of that customer's serviced premises and describing service subscription capacity and frequency.

2. Invoice for Another's Serviced Premises and Consent to Discard. If an applicant asserts that they (or if customer is a business, it) discards their (or its) discarded materials at another premises (such as the business belonging to an individual or a neighboring business with which the customer shares bins), the customer must provide the following:

a. A current dated invoice from the city's authorized hauler identifying the address of the other serviced premises and the name of the customer at that premises, and describing service subscription capacity and frequency;

b. If the other serviced premises is a business, a copy of the business license that lists the serviced customer as one of the principals in the business; and

c. A letter signed by the owner of the other premises (on business letterhead, as applicable) under penalty of perjury, stating that the applicant is authorized to discard their discarded materials into the owner's discarded materials containers.

3. Disposal Documentation. The applicant shall demonstrate to the satisfaction of the city that the applicant disposes of discarded materials in a manner compliant with subsection 8.17.050(B) of this chapter, e.g., a dated receipt or invoice that the applicant has disposed of solid waste generated at applicant's premises at a permitted solid-waste disposal site or transfer station.

a. Applicant must provide a copy of vehicle registration to the city showing that registered owner of the vehicle used to transport discarded materials is the same person or entity as the applicant customer.

I. Failure to Qualify for Self-Haul Exemption. If the city manager, chief of general services, or their designee determines that the customer has not initially provided requisite collection subscription invoices, business licenses and/or statement, or that the customer does not thereafter submit requisite disposal documentation, the city manager, chief of general services or their designee shall advise the customer by regular U.S. mail that the customer does not qualify for the self-haul exemption and must immediately subscribe to collection and disposal service with the city's authorized hauler.

1. No Leakage or Littering. Persons who qualify for the self-haul exemption must prevent leakage or deposit of discarded materials upon or along any city street when transporting for disposal or processing in accordance with Section 8.17.110 of the Hawthorne City Code.

2. Self-Haul Exemption Fee. A fee to reimburse the city for actual cost of reviewing self-haul documentation and implementing the self-haul exemption program shall be established by resolution.

(Ord. 2226 § 2, 2021)

Every person who collects and transports discarded materials within the city, including anyone permitted or franchised to collect discarded materials, shall be required to maintain records and report in a format approved by city to the city manager at the time and in the manner and form required by the city, and with all information required by CalRecycle and approved by the director of public works or their designee.

(Prior code § 9-816; Ord. 1766 § 17, 2003; Ord. 2226 § 2, 2021)

A. Franchised Residential, Multifamily and C&D Debris Recycling. Residential recycling, multifamily recycling, and C&D debris recycling shall be performed exclusively by the city under the supervision of the city manager; and for such purpose contracts may be made or let, or agreements (including franchise agreements) entered into, with any person, with or without advertising for bids; provided, however, that the council may authorize any person to engage in the business of recycling under such terms, conditions or limitations as it may deem necessary.

B. Permitted Commercial Recycling. Commercial recycling may be performed only by any authorized recycler holding a current and valid recycling permit.

(Ord. 1770 § 2, 2003; Ord. 2226 § 2, 2021)

A. Business License. All authorized recyclers must maintain a current business license pursuant to the requirements set forth in Title 5 of this code.

B. Recycling Franchise. Upon direction by the director, each authorized recycler holding a recycling service permit must execute a legal, valid and binding franchise agreement with the city pursuant to which the city may require payment of a franchise fee in consideration for the grant thereof.

C. Permits. The director is authorized to issue a recycling permit to an authorized recycler under the following terms, protocol and conditions.

1. Term. The term of a recycling permit shall be for no more than one year and shall expire on June 30th of each year.

2. Application. Applications for recycling permits shall be made to the director on forms provided by the director, no later than the deadline stated on the form. The application shall include the following information:

a. The name, business address of the applicant, and addresses where all of the applicant's vehicles will be stored;

b. Applicant business ownership information, responsible official and contact person;

c. City business license;

d. Identification of the type of recycling permit for which the applicant is applying; dirty recyclables service permit or clean recyclables permit;

e. Any other information requested by the director.

3. Conditions. Applications for recycling permits shall be issued subject to the following conditions:

a. Upon request of the director, the applicant shall make available to the director a list of clients that the authorized recycler will service in the city, a map of the authorized recycler's service area, detailed information regarding recycling services offered to customers, a listing of customers currently receiving recycling services, and classification of recyclables to be collected by the applicant.

b. All records and facilities shall be subject to examination upon request by the director.

4. Denial. After review of the permit application, the director may deny the issuance of a recycling permit based on information disclosed in the permit application. Denial of a permit may be based on an incomplete application, failure to demonstrate qualifications or financial responsibility necessary to comply with the requirements of this chapter, prior failure to supply required report or other previous violations of any provisions of this chapter. Upon denial, the director shall provide the applicant written notification of the reasons therefor and shall include the effective date of such denial. Written notification of denial shall be delivered in person or certified first class mail to the applicant. An applicant may appeal the denial of a recycling permit in accordance with Section 5.16.010 of this code.

5. Transfer or Assignment—Delegation. Authorized recyclers may not transfer or assign recycling permits or delegate obligations there under to another person. No authorized recycler shall sell, transfer, delegate, assign, hypothecate, relinquish or surrender its interest in a permit to any person or entity or allow another person or entity to use its permit in any act for which a permit is required without the prior written consent of the director.

6. Enforcement.

a. Initiation of Action. The director may initiate an enforcement action based on his or her own observations of or complaints regarding a violation or violations. The director may accept complaints from any source in writing, though personal visit or telephone call. Anonymous complaints alone shall not result in an enforcement action although the director may initiate an enforcement action based on other independent information that the director received as a result of any investigation prompted by an anonymous complaint. The director may choose not to identify any complaint if his or her investigation reveals other evidence that is a sufficient basis for his or her decision that violations have occurred.

b. Notification. The director shall notify the authorized recycler by mail of alleged violations by describing the nature of the offense and, if a representative of the independent commercial recycler is available, the director shall release further pertinent available details regarding the alleged violation.

c. Response. The authorized recycler shall provide the director with a written explanation of the pertinent events and circumstances relative to the alleged violation within ten city business days of the date of the director's mailed notice to the authorized recycler. The director may extend the time for the authorized recycler to provide an explanation upon a showing of reasonable cause. The director shall consider this explanation in making his or her determination whether a violation has occurred.

d. Determination. Prior to making his or her determination the director shall investigate the violation and may contact any known complainant, witness and the authorized recycler.

7. Within fifteen days of a determination by the director that a violation has not occurred, the director shall notify the authorized recycler of such determination in writing.

8. Within thirty days of a determination by the director that a violation has occurred, the director shall notify the authorized recycler of such determination in writing specifying the violation, the findings that support the violation; stating the amount of any civil penalty and deadline for payment thereof; and including information on the procedure for requesting a hearing to appeal the determination. Where the director can demonstrate an attempt to properly deliver the notice, a refusal by the offender or offender's representative to receive the notice in person, or failure of offender to accept certified mail, shall not constitute a failure by the director to fulfill the requirement for the delivery of notice.

a. Civil Penalties. The director may impose a civil penalty of up to one thousand five hundred dollars per violation. An authorized recycler may be liable for more than one violation, involving different acts or omissions of noncompliance, even if the different violations are occurring at the same time, and for each incident with respect to a violation.

b. Suspension or Revocation. Any authorized recycler shall be required to comply with all the provisions of this chapter and failure to observe any of those conditions shall result in a summary revocation of that authorized recycler's recycling permit by the city manager. In addition, and without limiting the preceding sentence, the director may revoke or suspend a recycling permit in accordance with the procedure provided in Section 5.16.040(A) this of code for breaches of any recycling contract, agreement or franchise by the authorized recycler or any other grounds provided in Section 5.16.020 of this code. An authorized recycler may appeal any revocation or suspension by the city manager or the director to the city council in accordance with Section 5.16.040(C) of this code. Absent appeal, the revocation or suspension shall become final and conclusive as provided in Section 5.16.040(D) of this code.

9. The city council may also revoke or suspend a recycling permit in accordance with the procedure provided in Section 5.16.040 this code.

10. The effect of revocation shall be as provided in Section 5.16.060 of this code. The authorized recycler shall provide each of its customers written notification of termination of service within ten days of the date that denial, suspension or revocation of permit has become final and conclusive. The authorized recycler shall attach to the notice to its customers a listing of all eligible permitted collector/recycling collectors in the city.

11. Recycling Permit Fees—Franchise. Each authorized recycler shall pay an annual recycling permit fee in a sum set forth by resolution of the city council. The failure of an authorized recycler to submit said permit fee on or before the date on which it is due shall constitute just cause for revocation of a recycling permit.

12. Each authorized recycler that is a franchisee as a condition of its service permit shall pay any franchise fee set forth by ordinance and resolution of the city council in accordance therewith and with the authorized recycler's franchise agreement with the city.

(Ord. 1770 § 2, 2003; Ord. 2226 § 2, 2021)

A. Separation and Storage of Materials.

1. Combustible Materials. Combustible materials must be stored in compliance with the requirements of the city fire chief.

2. Source Separation of Materials. All recyclable materials shall be source separated from any other solid waste or organic materials and placed in a designated recyclable materials container visibly marked with labeling in compliance with SB 1383.

B. At direction of the city, authorized haulers shall sort recyclable materials, characterize, or analyze those recyclable materials by weight in a manner satisfactory to city in order to establish to satisfaction of city that they can be sold for processing into feedstock to make new materials or are residuals to be disposed of as solid waste. Disputes over whether material should be classified as solid waste shall be resolved by the director. The director's decision may be appealed to the city manager, explaining the basis of the appeal, within ten days of such decision and the payment of a fifty dollar appeal fee. The burden of proof shall be on the authorized hauler challenging the director's decision. The city manager or their designee shall hear and dispute and render a written decision, which shall be final.

1. Container Ownership. Recyclable materials shall be stored in containers owned by the authorized hauler, or the city.

2. Storage Location. Recyclable materials shall be placed for collection in storage areas other than those required for solid waste containers, designated by the generator of the recyclables, as space on the generator's premises permits. Storage of recyclables may not interfere with regular solid waste collection and separate recyclables containers must be maintained on the premises generating the recyclables. Any recyclable materials placed for collection in the public right-of-way shall become the property of the city and shall be collected by the city or its authorized hauler for residential, commercial or multifamily solid waste collection services, as applicable.

C. Collection, Disposal Prohibition.

1. Schedule. Authorized haulers shall collect recyclable materials on a regular schedule.

2. Collection Vehicles. Collection vehicles shall comply with the requirements prescribed in Sections 8.17.130 and 8.17.140 of this chapter.

3. Disposal Prohibited. The authorized hauler shall not transport any collected recyclable materials to any facility for disposal by landfilling, burning, incineration, or mixed waste composting, other than disposal of residue remaining after sorting, grading, cleaning, shredding, grinding, densifying or otherwise preparing, treating or converting recyclable materials for end use markets, unless authorized in writing in advance by the director. The authorized hauler must transport and market the recyclable materials it collects by delivery to a recyclables processor or broker or to an end use market. Placement of recyclable materials that have been separated and set out for recycling in any container for any length of time considered excessive by the director constitutes a violation of this requirement.

4. Requirements for Facility Operators and Community Composting Operations.

a. 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 thirty days.

b. 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 sixty days.

c. 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, including at minimum, those required by AB 901 and SB 1383.

D. Records and Reports.

1. Records. Authorized haulers shall retain all records necessary for preparing reports in accordance with the following subsection for a period of five years, or as specified in their agreement with the city, and provide the director with copies of or access to any relevant recycling information as the director may need for the program within ten working days of director's written request, or, if the director makes an inspection as provided below, during the inspection. Authorized haulers shall make records related to their collection services in the city available during the city's business hours for inspection by the director and/or his or her staff within one week of director's written notice.

2. Reporting.

a. Dates. Haulers,, 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 SB 1383 and their agreement with the city.

b. Content. The authorized hauler shall submit reports described in the preceding paragraph electronically and in a form approved and provided by the director. Reports shall include the type and cumulative total weight and/or volume of recyclable materials, organic materials, and solid waste collected, locations where taken during the preceding quarter, and other information required by the city to prepare and support reports that the city is required by CalRecycle. Upon direction of director, the authorized hauler shall not report materials that are routinely recycled without entering the solid waste stream, such as certain manufacturing and industrial wastes, as may be excluded under state law for purposes of calculating solid waste diversion in the city. If the director finds reports to be inadequate, inaccurate or incomplete, they may direct the authorized hauler to remedy or correct the inadequacy, inaccuracy or incompleteness by a specified date no less than seven days after the director requested the corrected information.

c. Audit or Inspection. Upon request by the director, the authorized hauler described in the next paragraph must allow inspection, or otherwise arrange with its subcontractors or other recycling service providers for, the audit or inspection of records, operations, facilities or other matters as may be necessary to ensure compliance with this chapter.

d. Violations. Should an authorized hauler fail to timely and fully submit, correct or complete a required report, or correct information as requested by the director, then the director may send notice of that failure stating that the authorized hauler must send in the report as requested by the director, within five business days of the date of the delinquent notice; and require payment of fifty dollars service charge, due and payable when the report is submitted. Should an authorized hauler fail to timely comply with the provisions of that notice, then the director may send the authorized hauler notice of a violation.

E. Rates, Fees and Charges. The authorized hauler shall be solely responsible for rates, fees and charges to and/or payments required to be made by its customers. The city shall have no liability to authorized hauler or responsibility therefor. Authorized haulers (other than those required to secure donate-or-purchase recyclables service permits) must impose rates, fees and charges or other payments for recycling clean recyclables that are less than, but not equal to or greater than, rates, fees and charges or other payments for recycling dirty recyclables.

F. Insurance and Indemnification.

1. Insurance. Each authorized hauler shall furnish the city a policy or certificate of comprehensive general automobile liability insurance insuring the authorized hauler against bodily injury, property damage and automobile liability in the sum of one million dollars combined single limits. These limits shall be subject to annual review by the city for the purpose or reasonably adjusting to current insurance conditions and requirements. The insurance shall provide that the coverage is primary and that any insurance maintained by the city shall be excess insurance, shall be procured from an insurer authorized to do business in the state of California, shall name the city and its officers, employees and agents as additional insured and shall not be cancelled or modified without first giving to the city thirty days' prior written notice. The city may waive this requirement for these authorized haulers if it determines that the liability insurance that the authorized hauler provides under another franchise agreement with the city is adequate to secure payment of these franchise fees as well as those paid under the other franchise agreement.

2. Indemnity. Each authorized hauler shall indemnify, defend and hold harmless the city and its officers, employees and agents against any and all claims, demands, losses, cost, expenses, obligations, liabilities, damages, recoveries and deficiencies, including, interest, penalties, and reasonable attorneys fees, that the city shall incur or suffer, which arise, result from or relate to the collection, transportation or disposal (including sale) of discarded materials by that person.

(Ord. 1770 § 2, 2003; Ord. 2226 § 2, 2021)

Large events and large venues shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter. In addition to other requirements in this chapter and this code, each large event and large venue shall:

A. Segregate recyclable materials and organic materials from solid waste and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site segregate recyclable materials and organic materials from solid waste.

B. Ensure the large event and large venue has access to an adequate number and type of containers needed for collecting and storing recyclable materials, organic materials, and solid waste.

C. Provide or ensure the provision of adequate containers throughout the large event and large venue location to make the segregation of recyclable materials and organic materials convenient for employees, volunteers, contractors, vendors, exhibitors, presenters, visitors, attendees, customers, and other persons on site.

D. Ensure that all containers used for segregating and storing recyclable materials, organic materials, and solid waste are affixed with signs or labels that display the appropriate information to enable users to accurately segregate recyclable materials, organic materials, and solid waste and to clearly differentiate which containers are used for recyclable materials, organic materials, and solid waste, to minimize container contamination.

E. Ensure that the contents of the containers for recyclable materials and organic materials are not delivered to solid waste containers unless they include unacceptable levels of contamination.

(Ord. 2120 § 3, 2016; Ord. 2226 § 2, 2021)

A. Nothing in this chapter shall preclude any person, solid waste customer, commercial generator, multifamily generator, or large event and large venue from self-hauling recyclable materials or organic materials generated by that entity to a recycling or organics processing facility.

B. Self-haulers shall:

1. Comply with the requirements in this chapter by delivering for recycling those items that can be recycled by local recycling facilities and establishments and shall comply by delivering for organics processing those items that are accepted by local organics processing facilities.

2. Provide proof of compliance with this chapter, upon request by the city; proof includes, but is not limited to, a receipt from a recycling or organics processing facility that clearly identifies the type and quantity of material delivered and an application for exemption from the necessity for refuse collection.

(Ord. 2120 § 3, 2016; Ord. 2226 § 2, 2021)

A. Authorized haulers shall obtain and maintain a business license with the city.

B. Authorized haulers shall keep separate solid waste, recyclable materials, and organic materials that have been segregated into separate containers by commercial generators, multifamily generators, residential generators, or large event and large venues.

C. Authorized haulers shall ensure that source separated recyclable materials are delivered to a recycling facility and that segregated organic materials are delivered to an organics processing facility, except that a container that contains unacceptable levels of contamination may be delivered for disposal if the authorized hauler notifies the city of the occurrence; the date of the occurrence; and the account name, primary contact, phone number, billing address, and service address for the solid waste customer at which the container is located.

(Ord. 2120 § 3, 2016; Ord. 2226 § 2, 2021)

A. City may waive a responsible party's obligation to comply with some or all recyclable materials and organic waste requirements of this chapter if the responsible party of a commercial business or multifamily premises provides documentation that the commercial business or multifamily premises meets one of the criteria in the sections below. The criteria may be met in instances, including, but not limited to, self-hauling, on-site organics management, and/or property vacancy. For the purposes of this section 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.

1. The commercial business's or multifamily premises' total 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 twenty gallons per week per applicable material stream of the multifamily premises' or commercial business's total waste (i.e., recyclable materials in the recyclable materials stream are less than twenty gallons per week or organic materials in the organic materials stream are less than twenty gallons per week); or

2. The commercial business's or multifamily premises' total 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 multifamily premises' or commercial business's total waste (i.e., 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 may waive a commercial business's or multifamily premises' obligation to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, an authorized 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 Section 8.17.040 as applicable.

C. Review and Approval of Waivers by City. Waivers shall be granted to responsible parties by city according to the following process:

1. Responsible parties of premises seeking waivers shall submit a completed application form to city manager or their 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, city shall specify that the waiver is valid for five years.

3. Waiver holder shall notify city if circumstances change such that commercial business's or multifamily 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 for compliance inspections and enforcement.

5. Waiver holder shall reapply to the city manager or their 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. Failure to submit a completed application shall equate to an automatic denial of said application.

6. City manager may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable.

(Ord. 2226 § 2, 2021)

The city or its designee is authorized to administer and enforce the provisions of this chapter. To the extent permitted by law, the city or its designee may inspect any collection container at a commercial facility, multifamily dwelling, or large event and large venue and any authorized hauler's load for solid waste, recyclable materials, or organic materials. To the extent permitted by law, the city or its designee may also inspect the premises of any commercial facility, multifamily dwelling, or large event and large venue to determine compliance with the provisions of this chapter.

(Ord. 2120 § 3, 2016; Ord. 2226 § 2, 2021)

Unless otherwise expressly provided by the Hawthorne Municipal Code, any person adversely and directly affected by any determination made or action taken by the city pursuant to the provisions of this chapter may file an administrative appeal with the city clerk. If no appeal is filed within ten days the determination of the city shall be final.

(Ord. 2120 § 3, 2016; Ord. 2226 § 2, 2021)

The city shall enforce this chapter with the goal of maximizing participation in the program and ensuring that recyclable materials and organic materials that have been properly source separated by the residential generators, commercial generators, multifamily generators, or large event and large venue are correctly collected and delivered to recycling and organics processing facilities. The city or its designee shall conduct the following activities to enforce this chapter:

A. Develop and disseminate public education and promotional materials relating to the importance of recycling and organics processing and the availability of recycling and organics processing opportunities available to residential generators, commercial generators, multifamily generators, and large event and large venues.

B. Provide technical assistance and training to residential generators, commercial generators, multifamily generators, and large event and large venues to increase recycling.

C. Enforce provisions of the franchise agreement for collection of recyclable materials, organic materials, and solid waste with the franchisee to stimulate demand for recyclable materials and organic materials collection service.

D. SB 1383 Process for Enforcement.

1. City manager or any agent or person designated by the city manager, will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Section 8.17.120 establishes city's right to conduct inspections and investigations.

2. City may issue an official notification to notify regulated entities of its obligations under the chapter.

3. For incidences of prohibited container contaminants found in containers, city or its designee will issue a notice of contamination to any generator or responsible party found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants. If the city or its designee observes prohibited container contaminants in a responsible party's containers on more than three consecutive occasion(s), the city may assess contamination processing fees or contamination penalties on the generator.

4. With the exception of violations of contaminated containers addressed above, city shall issue a notice of violation (NOV) requiring compliance within a maximum of sixty days of issuance of the notice.

5. Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an action to impose penalties, via anadministrative citation and fine, pursuant to Chapter 1.23 of this code and the requirements contained in Section 8.17.290, Table 1, List of Violations. Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the multifamily premises or commercial premises or to the responsible party for the collection services, depending upon available information.

(Ord. 2120 § 3, 2016; Ord. 2226 § 2, 2021)

Enforcement of this chapter regarding contaminated containers for solid waste, recyclable materials, and organic materials may be carried out by the authorized hauler. The authorized hauler will notify city of customers with excessive or ongoing contamination. Authorized haulers shall not be held liable for the failure of generators to comply with this chapter, unless specified in the franchise, contract, registration certificate, or permit issued by the city.

(Ord. 2120 § 3, 2016; Ord. 2226 § 2, 2021)

The city may issue administrative fines for violating this chapter or any rule or regulation adopted pursuant to this chapter, except as otherwise provided in this chapter. The city's procedures on imposition of administrative fines are hereby incorporated in their entirety 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 chapter.

(Ord. 2120 § 3, 2016; Ord. 2226 § 2, 2021)

A violation of this chapter is punishable pursuant to Sections 8.17.240 and 8.17.280 of this chapter.

A. Penalty Amounts for Select Administrative Citations. The penalty levels for violations are as follows:

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

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

3. For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty dollars to five hundred dollars per violation.

B. Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range pursuant to this section.

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 chapter.

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

6. The deterrent effect of the penalty on the violator.

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

C. Compliance Deadline Extension Considerations. 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 violator that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, pandemics, 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 due to those deficiencies.

D. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may seek a review of the decision by following the process prescribed in Section 1.23.018B of this code.

E. Education Period for Noncompliance. Beginning January 1, 2022 and through December 31, 2023, city will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance with Hawthorne's Municipal Code, and if city determines that a 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 chapter 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. City may also conduct remote monitoring, if implemented, to determine compliance with this chapter.

F. Civil Penalties for Noncompliance. 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 Hawthorne's Municipal Code, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this chapter, as needed.

G. Enforcement Table.

Table 1. List of Violations.

(Ord. 2226 § 2, 2021)