Hillsborough Municipal Code Ch. 8.12 Garbage, Recyclables and Organic Waste

Footnotes:

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Editor's note— Ord. No. 774, § 1, adopted November 8, 2021, repealed Ch. 8.12, §§ 8.12.010—8.12.100, and enacted a new Ch. 8.12 as set out herein and later amended. Former Ch. 8.12 pertained to garbage and waste and derived from prior code §§ 50.18.40, 70.6.04, 70.6.08, 70.6.12, 70.6.16, and 70.8.04; Ord. 533; Ord. 542, adopted 1995; Ord. 548, adopted 1996; Ord. 569, adopted 1999; Ord. 605, adopted 2000; and Ord. No. 700, adopted May 14, 2012.

For the purposes of this chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given in this chapter:

"Blue 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 or source separated blue container organic waste.

"Black 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 black container waste.

"Black container waste" means solid waste that is collected in a black container that is part of a three-container organic waste collection service that prohibits the placement of organic waste or source separated recyclables in the black container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

"CalRecycle" means California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations.

"California Code of Regulations" or "CCR" means the California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g. "14 CCR" refers to Title 14 of the CCR).

"Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling with five or more units, or as otherwise defined in 14 CCR Section 18982(a)(6).

"Commercial Edible Food Generator" includes a tier one or a tier two commercial edible food generator.

"Compliance review" means a review of records by the town or its designated entity to determine compliance with this chapter.

"Community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4), or, as otherwise defined by 14 CCR Section 18982(a)(8).

"Compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

"Construction and demolition debris" or "C&D" means all wood, gypsum, pipe, tile, glass, asphalt, mechanical appliances, or other waste discarded as a result of work performed pursuant to any type of building or demolition permit.

"Container" means a cart, bin, roll-off, compactor or similar receptacle used to temporarily store solid waste, recyclable materials, or organic waste for collection service.

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

"Designee" means an entity that the town contracts with or otherwise arranges to carry out any of the town's responsibilities of this chapter as authorized in 14 CCR Section 18981.2.

"Designee for edible food recovery" means the County of San Mateo's Office of Sustainability with which the town has a memorandum of understanding for the purposes of edible food recovery including, but not limited to, inspection, investigation, and enforcement of the edible food recovery provisions of this chapter. Contact information for the designee for edible food recovery can be found on the County of San Mateo's Office of Sustainability website.

"Edible food" means food intended for and fit for human consumption and collected or received from a tier one or tier two commercial edible food generator.

"Edible food recovery" or "food recovery" means actions to collect, receive, and/or redistribute edible food for human consumption from tier one and tier two commercial edible food generators that otherwise would be disposed of.

"Enforcement action" means an action of the town or County of San Mateo's Office of Sustainability to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"Excluded waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances. Excluded wastes also includes construction materials, dirt, rock and concrete, electronic waste and batteries, fluorescent lights, hazardous waste, liquids and grease, medicines and sharps and treated wood. Excluded waste does not include household batteries placed in a sealed clear plastic bag placed on top of the black container, or any other universal wastes if such materials are defined as allowable materials for collection through the town's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by town or its designee for collection services.

"Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.

"Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.

"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).

"Food recovery service" means a person or entity that collects and transports edible food from a tier one or tier two commercial edible food generator to a food recovery organization or other entities for edible food recovery.

"Food waste" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells, food-soiled paper, and bio-plastics labeled "Biodegradeable Products Institute (BPI) Certified Compostable."

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

"Green 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 green container organic 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).

"High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5), or, as otherwise defined in 14 CCR Section 18982(a)(33).

"Inspection" means a site visit where the town 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 requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

Inspection, for the purposes of edible food recovery, means actions to review contracts and other records related to the recovery of edible food and may occur off-site via email and other forms of electronic communication, as well as the on-site review of an entity's records and collection, handling and other procedures for the recovery of edible food to determine if the entity is complying with the requirements of this chapter.

"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 two thousand 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 two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of the SB 1383 Regulations, 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 the SB 1383 Regulations, 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 town or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

"Mixed waste organic collection stream" or "mixed waste" means organic waste collected in a black container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR Section 17402(a)(11.5). This definition is only applicable to select commercial and multi-family customers provided with a two-container collection system. Three-container collection system customers will use the black container waste definition instead.

"Multi-family residential dwelling" or "multi-family" means of, from, or pertaining to residential premises with five or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

"Non-compostable paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

"Non-organic recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

"Notice of violation (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 waste" 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, 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 generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

"Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

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

"Prohibited container contaminants."

1. For those generators provided with a three-container collection system (blue, green and black): "prohibited container contaminants" means the following:

a. Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the town's blue container;

b. Discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the town's green container;

c. Discarded materials placed in the black container that are acceptable source separated recyclable materials and/or source separated green container organic wastes that belong in town's green or blue container; and

d. Excluded waste placed in any container.

2. For those (limited commercial and multi-family) generators provided with two-container (blue/black) collection service for source separated recyclable materials and mixed materials): "prohibited container contaminants" means the following:

a. Discarded materials placed in a blue container that are not identified as acceptable source separated recyclable materials for town's blue container;

b. Discarded materials placed in the black container that are identified as acceptable source separated recyclable materials, which are to be separately collected in town's blue container; and

c. Excluded waste placed in any container.

"Recovered organic waste products" means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

"Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

"Recyclable materials" means materials such as, but not limited to, cans, cardboard, glass, newspaper, metal containers, paper, plastic bottles and containers, plastic film, which is separated from other waste or refuse for the purpose of recycling.

"Recycled-content paper" means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

"Regional agency" means the SBWMA as a regional agency as defined in Public Resources Code Section 40181.

"Remote monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and black containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

"Renewable gas" means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

"SB 1383" means SB 1383 (Chapter 395, Statutes of 2016), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

"SB 1383 Regulations" means or the regulations developed by CalRecycle and contained within 14 CCR, Division 7, Chapter 12 and the amended portions of 14 CCR and 27 CCR.

"SBWMA" means the South Bayside Waste Management Authority, a regional agency, as defined in Public Resources Section 40181, serving its member agencies on recycling and waste issues.

"Self-hauler" means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. 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). Self-hauler, for the purposes of edible food recovery, means a commercial edible food generator who holds a contract with and hauls edible food to a food recovery organization or other site for redistribution according to the requirements of this chapter.

"Single-family" means of, from, or pertaining to any residential premises with fewer than five units.

"Solid waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

1. Hazardous waste, as defined in the State Public Resources Code Section 40141.

2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

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

"Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the chapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from black container waste or other solid waste for the purposes of collection and processing.

"Source separated blue container organic waste" means source separated organic wastes that can be placed in a blue container including clean paper and cardboard.

"Source separated green container organic waste" means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles. Acceptable materials include food scraps, food soiled paper, plants and bio-plastics labeled BPI certified compostable.

"Source separated recyclable materials" means source separated non-organic recyclables and source separated blue container organic waste and includes clean paper and cardboard, glass bottles, cans and plastic bottles, tubs and containers.

"State" means the State of California.

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

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

1. Supermarket.

2. Grocery store with a total facility size equal to or greater than ten thousand square feet.

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.

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

1. Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.

2. Hotel with an on-site food facility and two hundred or more rooms.

3. Health facility with an on-site food facility and one hundred or more beds.

4. Large venue.

5. Large event.

6. A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.

7. A local education agency facility with an on-site food facility. If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.

"Town" means the Town of Hillsborough, California.

"Town enforcement official" means the city manager, county administrative official, chief operating officer, executive director, or other executive in charge or their authorized designee(s) who is/are partially or whole responsible for enforcing the chapter.

"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).

(Ord. No. 774, § 1, 11-8-2021)

A. It is unlawful for any person, firm, corporation, or employee, servant or agent for any person, firm or corporation to throw, drop, deposit or spill any garbage or waste upon the public streets and places in the town.

B. All garbage and solid waste shall be kept in suitable containers located on the property being served and ready for collection and disposal by persons, firms or agencies willing and able to provide this service.

(Ord. No. 774, § 1, 11-8-2021)

Any person, firm or corporation occupying any dwelling or property in the town, shall remove or cause to be removed any and all garbage, solid waste and household refuse accumulated therein, at least once a week, and in compliance with the following:

A. All collecting containers and transporting vehicles shall be provided with a staunch, tight and closely fitted cover to prevent leakage or smell.

B. No person shall dump any garbage, solid waste or household refuse of any kind or quantity on any lot, land, street, canyon, creek bank or bed, in or on any sanitary or storm sewer, public park, playground, sidewalk or pathway, with or without the permission of the owner of the property in question.

C. No person, firm or corporation shall kindle, light, set afire or cause to be kindled, lighted or set afire any accumulation of garbage, solid waste, rubbish, rags, paper, wood, refuse, or any burnable material outside of any house on private property unless said burnable material is contained in an approved household incinerator located in a safe area.

D. Burning of garbage, wet or dry, and rags or other offensive collections is unlawful at all times.

E. Unless otherwise excepted by this chapter, each private school and private club and the owner or occupant of each property improved with a residence shall be charged a flat fee by the town to defray a portion of the town's costs of providing removal and disposal of solid waste and garbage through its franchisee. Any person or entity desiring removal and disposal service shall contract with the town's franchisee who shall charge the persons and entities with whom it contracts at the rates established from time to time by the city council pursuant to this chapter, and such persons and entities shall pay the franchisee for such charges.

(Ord. No. 774, § 1, 11-8-2021)

No person, firm or corporation shall bring garbage or waste into the town for disposal or deposit upon any land or property.

(Ord. No. 774, § 1, 11-8-2021)

A. It is unlawful for any person, firm or corporation to maintain, run or otherwise operate any garbage and waste disposal, scavenging, or debris box hauling service, including the debris boxes, trucks and other vehicles involved, without having a permit or license from the city council as provided in this section. (Providing gardening services shall not be deemed to constitute operating a garbage and solid waste disposal service).

B. Any permittee providing a service regulated by this chapter shall enter into an agreement approved by the city council, reciting the facts and basis on which a franchise or permission to operate is granted.

C. The agreement shall set forth the terms and rates to be established for the purposes of the service, a definition (consistent with the definitions set forth in this chapter) of the words "garbage" and/or "waste," any materials or service to be excluded, and the consideration for granting the permit or franchise.

D. The agreement shall set forth in detail the frequency of collection, the character of employees to be used by permittee, guarantees as to the sanitary condition of trucks, vehicles, and operations, any revocable provisions or options, the method or place of disposal of all garbage and/or solid waste collected, and the minimum public liability insurance required.

E. The agreement may also provide means of negotiating new rates for service or renewals or assignability desired by permittee or the city council.

(Ord. No. 774, § 1, 11-8-2021)

All manure, offal, soiled straw and other refuse matter from all buildings, yards, or other places within the town where animals are kept, shall be collected at least once daily and shall be disposed of by one of the following methods:

A. The refuse may be removed from the premises at least once a day, and disposed of in a manner approved by the department of health.

B. The refuse may be daily collected and stored in ventilated bins or other receptacles of such construction as is approved by the department of health, so as to prevent the ingress of flies and other vermin, the bins to be emptied at least once in every ten days.

(Ord. No. 774, § 1, 11-8-2021)

No manure shall be used for fertilizing purposes within the town.

(Ord. No. 774, § 1, 11-8-2021)

Garbage, recycling, and organic waste service rates shall be in the amounts set from time to time by resolution of the city council following a public hearing at a public meeting of the city council.

(Ord. No. 774, § 1, 11-8-2021)

The town shall have the option of contracting with the Tax Collector of the County of San Mateo to collect charges imposed by the town for the collection and disposal of garbage and solid waste, in which event the tax collector shall include the amount of such charges on the bills for taxes levied against the parcels of land the owners or occupants of which are charged for such collection and disposal service.

(Ord. No. 774, § 1, 11-8-2021)

No provisions of this chapter shall bar any person from removing garbage in an emergency situation where the franchisee for any reason is unable to handle said garbage and where such removal is necessary for the protection of public health.

(Ord. No. 774, § 1, 11-8-2021)

A. Single-family waste generators shall subscribe to the town's three-container solid waste (garbage, recycling, and organic waste) collection services. The town shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust their service level for collection services as requested by the town. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

B. Single-family waste generators shall participate in the town's three-container solid waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.

Generator shall place source separated green container organic waste, including food waste, in the green container; source separated blue container organic waste and recyclable materials in the blue container; and black container waste in the black container, per town and collector guidelines. Generators shall not place materials designated for the black container into the green container or blue container, materials designated for the green container into the blue or black container (unless the generator is provided a two-container system), nor materials designated for the blue container into the green or black container.

(Ord. No. 774, § 1, 11-8-2021)

Generators that are commercial businesses, including multi-family residential dwellings.

A. Generators that are commercial businesses, including multi-family residential dwellings, shall subscribe to the town's three-container solid waste (refuse, recycling, and organic waste) collection services. The town shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the town.

B. Generators that are commercial businesses, including multi-family residential dwellings, shall place source separated green container organic waste, including food waste, in the green container; source separated blue container organic waste and recyclable materials in the blue container; and black container waste in the black container, per town and collector guidelines. Generators shall not place materials designated for the black container into the green container or blue container, materials designated for the green container into the blue or black container (unless the generator is provided a two-container system), nor materials designated for the blue container into the green or black container.

C. Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsection D below) for employees, contractors, tenants, and customers, consistent with town's blue container, green container, and black container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program,

D. Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

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

2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

E. To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the town's blue container, green container, and black container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.12.170.

F. Excluding multi-family residential dwellings, annually inspect blue containers, green containers, and black containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.

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

H. Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from black container waste.

I. Provide or arrange access for town or its agent to their properties during all inspections to confirm compliance with this chapter and SB 1383 Regulations.

J. Accommodate and cooperate with the town's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date.

(Ord. No. 774, § 1, 11-8-2021)

A. De Minimis Waivers. The town may waive a commercial business' obligation to comply with some or all of the organic waste diversion requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection A2 below. Commercial businesses requesting a de minimis waiver shall:

1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted below in subsection A2:

2. Provide documentation that either:

a. The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in the green container comprises less than twenty gallons per week per applicable container of the business' total waste; or

b. The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in the green container comprises less than ten gallons per week per applicable container of the business' total waste.

3. Notify the town if circumstances change such that the commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

4. Provide written verification of eligibility for de minimis waiver every five years, if the town has approved de minimis waiver.

B. Physical Space Waivers. The town may waive a commercial business' or property owner's obligations to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the town has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements.

A commercial business or property owner may request a physical space waiver through the following process:

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

2. Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.

3. Provide written verification to town that it is still eligible for physical space waiver every five years, if town has approved application for a physical space waiver.

C. Additional Waivers. The town may provide any additional waivers of the requirements of this chapter to the extent permitted by applicable law. The city manager or his or her designee shall be responsible for determining the grounds for the waiver, its scope, and appropriate administration.

D. Review and Approval of Waivers by Town. Review and approval of waivers will be the responsibility of the city manager or his or her designee.

(Ord. No. 774, § 1, 11-8-2021)

A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024.

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. Tier one and tier two 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. Use the CalRecycle Model Food Recovery Agreement or the contractual elements contained in the requirements for food recovery organizations and food recovery services section of this chapter to contract with, or otherwise 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. Contract with food recovery organizations and food recovery services able to demonstrate a positive reduction in greenhouse gas emissions from their edible food recovery activity. A list of food recovery organizations and food recovery services is available on the County of San Mateo Office of Sustainability website.

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

5. Allow town's enforcement entity or their designee for edible food recovery to access the premises and inspect procedures and review records related to edible food recovery and/or provide them electronically if requested by the town or the designee for edible food recovery.

6. Keep records that include the following information:

a. A list of each food recovery organization or a food recovery service that collects or receives edible food from the tier one or tier two commercial edible food generator pursuant to a contract or written agreement as required by this chapter.

b. A copy of all contracts or written agreements established under the provisions of this chapter.

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 schedule or 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.

7. No later than June 30th of each year commencing no later than July 1, 2022 for tier one commercial edible food generators and July 1, 2024 for tier two commercial edible food generators, the commercial edible food generators shall provide an annual edible food recovery report to the designee for edible food recovery that includes, but is not limited to, the following information: a list of all contracts with food recovery organizations and food recovery services, the amount and type of edible food donated to food recovery organizations and food recovery services, the schedule of edible food pickup by food recovery organizations and food recovery services, a list of all types of edible food categories they generate, such as "baked goods," that are not accepted by the food recovery organizations and food recovery services with whom they contract, the contact information for the manager and all staff responsible for edible food recovery, and certification that all staff responsible for edible food recovery have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe. With the exception of the food safety and handling training certification, tier one and tier two commercial edible food generators may coordinate with their edible food recovery contractors to supply this information. The designee for edible food recovery will assist in the preparation of these reports by providing guidance and a template located on the County of San Mateo Office of Sustainability website.

8. Mandate their edible food recovery staff learn and follow the donation guidelines and attend trainings conducted by food recovery organizations or food recovery services with which they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of edible food to ensure the maximum amount of edible food is recovered and to avoid supplying food for collection that is moldy, has been improperly stored, or is otherwise unfit for human consumption.

9. Tier one and tier two commercial edible food generators who self-haul edible food shall require those transporting edible food for recovery to obtain a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe and follow the best practices and standards for proper temperature control, methods, and procedures for the safe handling and transport of food.

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 SB 557 (Chapter 285, Statutes of 2017), as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 774, § 1, 11-8-2021)

A. Food recovery services operating in the town and collecting or receiving edible food directly from tier one and/or tier two commercial edible food generators via a contract or written agreement established under the requirements of this chapter, shall maintain the following records:

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

2. The quantity in pounds of edible food by type collected from each tier one and tier two commercial edible food generator per month.

3. The quantity in pounds of edible food by type transported to each food recovery organization or redistribution site per month.

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

B. Food recovery organizations operating in the town and collecting or receiving edible food directly from tier one and/or tier two commercial edible food generators via a contract or written agreement established under the requirements of this chapter, or receiving edible food from food recovery services or from other food recovery organizations, shall maintain the following records:

1. The name, address, and contact information for each tier one and tier two commercial edible food generator, food recovery service, or other food recovery organization from which the organization collects or receives edible food.

2. The quantity in pounds of edible food by type collected or received from each tier one or tier two commercial edible food generator, food recovery service, or other food recovery organization per month.

3. The name, address, and contact information for other food recovery organizations or redistribution sites that the food recovery organization transports edible food to for edible food recovery.

C. Food recovery organizations and food recovery services operating in the town shall inform tier one and tier two commercial edible food generators from which they collect or receive edible food about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established as required by this chapter.

D. Commencing no later than July 1, 2022, food recovery organizations and food recovery services operating in the town and collecting or receiving edible food from tier one and tier two commercial edible food generators or any other source shall report to the designee for edible food recovery the following: a detailed edible food activity report of the information collected as required under this chapter, including weight in pounds by type and source of edible food, the schedule/frequency of pickups/drop-offs of edible food from/to each edible food source or redistribution site, brief analysis of any necessary process improvements or additional infrastructure needed to support edible food recovery efforts, such as training, staffing, refrigeration, vehicles, etc., and an up to date list of tier one and tier two commercial edible food generators with whom they have contracts or agreements established as required under this chapter. The designee for edible food recovery will assist in the preparation of these reports by providing guidance and a template located on the County of San Mateo Office of Sustainability website. This edible food activity report shall be submitted quarterly, or at the discretion of the designee for edible food recovery, less frequently, and shall cover the activity that occurred since the period of the last submission.

E. Food recovery organizations and food recovery services operating in the town shall contact the designee for edible food recovery to discuss the requirements of this chapter before establishing new contracts or agreements with tier one or tier two commercial edible food generators and in order to maintain existing contracts or agreements for the recovery of edible food with tier one and tier two commercial edible food generators.

F. In order to provide the required records to the state, the town, or the designee for edible food recovery, and tier one or tier two commercial edible food generators, contracts between food recovery organizations and food recovery services operating in the town and tier one and tier two commercial edible food generators shall either:

1. Use the CalRecycle Model Food Recovery Agreement and include a clause requiring the food recovery organization or food recovery service to report to the tier one and tier two commercial edible food generators with whom they have contracts the annual amount of edible food recovered and to inform them of the tax benefits available to those who donate Edible Food to non-profits; or

2. Include in their contracts the following elements:

a. List/description of allowable foods the food recovery organization/food recovery service will receive.

b. List/description of foods not accepted by the food recovery organization/food recovery service.

c. Conditions for refusal of food.

d. Food safety requirements, training, and protocols.

e. Transportation and storage requirements and training.

f. A protocol for informing the tier one or tier two commercial edible food generators of a missed or delayed pickup.

g. Notice that donation dumping is prohibited.

h. Provisions to collect sufficient information to meet the record-keeping requirements of this chapter.

i. Fees/financial contributions/acknowledgement of terms for the pickup and redistribution of edible food.

j. Terms and conditions consistent with the CalRecycle Model Food Recovery Agreement.

k. Information supplying the tier one or tier two commercial edible food generators with the annual amount of edible food recovered and informing them of the tax benefits that may be available to those who donate edible food to non-profits.

l. Contact name, address, phone number, and email for both responsible parties, including the current on-site staff responsible for edible food recovery.

m. Food recovery organizations accepting self-hauling of edible food from tier one and tier two commercial edible food generators must provide a schedule, including days of the week and acceptable times for drop-offs, and information about any limitation on the amount of food accepted, and/or the packaging requirements or other conditions of transport, such as, but not limited to, maintaining proper temperature control, and other requirements for the safe handling and transport of food, the self-hauler must follow for the edible food to be accepted.

G. Food recovery organizations and food recovery services operating in the town shall demonstrate that all persons, including volunteers and contracted workers using their own vehicle, involved in the handling or transport of edible food, have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe.

H. Food recovery organizations and food recovery services operating in the town shall use the appropriate temperature control equipment and methods and maintain the required temperatures for the safe handling of edible food recovered from tier one and tier two commercial edible food generators for the duration of the transportation of the edible food for redistribution, including edible food transported by private vehicles.

I. In order to ensure recovered edible food is eaten and to prevent donation dumping, food recovery organizations and food recovery services operating in the town shall provide documentation that all redistribution sites which are not themselves food recovery organizations to which they deliver edible food have a feeding or redistribution program in place to distribute, within a reasonable time, all the edible food they receive. Such documentation may include a website address which explains the program or pamphlets/brochures prepared by the redistribution site.

J. Food recovery organizations and food recovery services operating in the town unable to demonstrate a positive reduction in greenhouse gas emissions for their edible food recovery operational model cannot contract with tier one and tier two commercial edible food generators in the town for the purpose of recovering edible food as defined in this chapter. Food recovery organizations and food recovery services contracting to recover edible food from a tier one and tier two commercial edible food generator for redistribution shall consult with the town's designee for edible food recovery to document that their overall operational model will achieve a greenhouse gas emissions reduction. Such review may analyze route review, miles traveled for pick-up and redistribution, amount of food rescued, and the likelihood of consumption after redistribution.

K. Food recovery organizations and food recovery services operating in the town shall visually inspect all edible food recovered or received from a tier one and tier two commercial edible food generator. If significant spoilage is found, or if the food is otherwise found to be unfit for redistribution for human consumption, food recovery organizations and food recovery services shall immediately notify the designee for edible food recovery using the process found on the County of San Mateo Office of Sustainability's website. The notice shall include:

1. The type and amount, in pounds, of spoiled food or food unfit for redistribution for human consumption, or provide a photographic record of the food, or both.

2. The date and time such food was identified.

3. The name, address and contact information for the tier one or tier two commercial edible food generator which provided the food.

4. The date and time the food was picked up or received.

5. A brief explanation of why the food was rejected or refused.

L. Contracts between tier one or tier two commercial edible food generators and food recovery organizations or food recovery services shall not include any language prohibiting tier one or tier two commercial edible food generators from contracting or holding agreements with multiple food recovery organizations or food recovery services listed on the County of San Mateo Office of Sustainability website.

M. Food recovery organizations and food recovery services operating in the town shall conduct trainings and develop educational material such as donation guidelines and handouts to provide instruction and direction to tier one and tier two commercial edible food generators with whom they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of edible food to ensure the maximum amount of edible food is recovered and to avoid the collection of food that is moldy, has been improperly stored, or is otherwise unfit for human consumption.

N. In order to support edible food recovery capacity planning assessments or other such studies, food recovery services and food recovery organizations operating in the town shall provide information and consultation to the town and its designee for edible food recovery upon request, regarding existing, or proposed new or expanded, edible food recovery capacity that could be accessed by the town and its tier one and tier two commercial edible food generators. A food recovery service or food recovery organization contacted by the town or its designee for edible food recovery shall respond to such requests for information within sixty days.

O. Allow the town's enforcement entity or their designee for edible food recovery to access the premises and inspect procedures and review records related to edible food recovery and/or provide them electronically if requested by the town or the designee for edible food recovery.

(Ord. No. 774, § 1, 11-8-2021)

A. Requirements for Haulers.

1. Franchisee shall meet the following requirements and standards as a condition of approval of a contract, agreement or other authorization with the town to collect organic waste.

a. Through written notice to the town annually on or before June 1, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, and source separated green container organic waste.

b. Transport source separated recyclable materials or source separated green container organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in the SB 1383 Regulations.

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

2. Franchisee shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its contract, agreement or other authorization entered into with the town.

B. Requirements for Facility Operators and Community Composting Operations.

1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the town'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 town shall respond within sixty days.

2. Community composting operators, upon the town's request, shall provide information to the town 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 town shall respond within sixty days.

(Ord. No. 774, § 1, 11-8-2021)

A. Self-haulers shall source separate all recyclable materials and organic waste generated on-site from solid waste.

B. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

C. Self-haulers that are commercial businesses shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the town. The records shall include the following information:

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

2. The amount of material in cubic yards or tons transported by the generator 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 self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

D. Self-haulers that are commercial businesses shall provide information collected in subsection C above to the town upon request.

(Ord. No. 774, § 1, 11-8-2021)

A. Town representatives and/or its designated entity, including the designee for edible food recovery 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 organic waste generators, commercial businesses, property owners, tier one and tier two commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. The town may conduct container inspections for prohibited container contaminants using remote monitoring.

B. Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the town's employee or its designated entity or designee for edible food recovery during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for:

1. Access to an entity's premises; or

2. Access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

C. Any records obtained by a town or designee for edible food recovery 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.

D. Town representatives, its designated entity, and/or designee for edible food recovery 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.

(Ord. No. 774, § 1, 11-8-2021)

A. Violation. Violation of any provision of Sections 8.12.110 through 8.12.180 shall constitute grounds for issuance of a notice of violation and assessment of a fine by a town enforcement official, designee for edible food recovery, or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The town's procedures on imposition of administrative fines pursuant to Chapter 1.08 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, except as otherwise indicated in this chapter.

B. Responsible Entity for Enforcement.

1. Enforcement pursuant to this section may be undertaken by the town enforcement official, which may be the city manager or their designee, legal counsel, or combination thereof, or designee for edible food recovery.

a. Town enforcement official(s) and designee for edible food recovery (for edible food recovery provisions) will interpret chapter; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and determine if compliance standards are met.

b. Town enforcement official(s) and designee for edible food recovery (for edible food recovery provisions) may issue notices of violation(s).

C. Process for Enforcement.

1. Town enforcement officials or designee for edible food recovery and/or their designee will monitor compliance with the chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring).

2. Town or designee for edible food recovery may issue an official notification to notify regulated entities of its obligations under this chapter.

3. For incidences of prohibited container contaminants found in containers, town will issue a notice of violation to any generator 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 or within thirty days after determining that a violation has occurred. If the town observes prohibited container contaminants in a generator's containers on more than two consecutive occasion(s), the town may assess contamination processing fees or contamination penalties on the generator.

The town or its designee for edible food recovery will issue a notice of violation to any tier one or tier two commercial edible food generator found to have edible food in any waste container or to any food recovery organization or food recovery service found to have edible food recovered from a tier one or tier two edible food generator in a waste collection container which has not been documented by a notice of significant spoilage as required in this chapter. Such notice will be provided by email communication immediately upon identification of the violation or within three calendar days after determining that a violation has occurred. If the town or its designee for edible food recovery observes edible food in a tier one or tier two commercial edible food generator, or food recovery organization, or food recovery service waste container on more than two consecutive occasion(s), the town or its designee for edible food recovery may assess an administrative citation and fine, pursuant to the edible food recovery penalties provisions contained in this chapter, on the tier one or tier two commercial edible food generator, food recovery organization, or food recovery service.

4. With the exception of violations of generator contamination of container contents addressed under subsection C3 above, the town or designee for edible food recovery shall issue a notice of violation requiring compliance within sixty days of issuance of the notice.

5. Absent compliance by the respondent within the deadline set forth in the notice of violation, town or designee for edible food recovery (for the edible food recovery provisions) shall commence an action to impose penalties via an administrative citation and fine, pursuant to its administrative citation and fine procedures.

For the purposes of edible food recovery, the designee for edible food recovery shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the edible food recovery penalties provisions contained in this chapter.

Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the town or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information

D. Penalty Amounts for Types of Violations. The penalty levels for violations unrelated to the edible food recovery requirements are the penalties set forth in subsection 1.08.010.A.

E. Compliance Deadline Extension Considerations. The town or designee for edible food recovery (the county for edible food generator and food recovery organization and services requirements) may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other government agency approvals; or

3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the town is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

F. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with the town's or designee for edible food recovery's procedures in the town's or designee for edible food recovery's codes for appeals of administrative citations. Evidence may be presented at the hearing. The town or designee for edible food recovery will appoint a hearing officer who shall conduct the hearing and issue a final written order.

G. Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, the town or designee for edible food recovery (for edible food generator and food recovery organization and service requirements) may conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the town or designee for edible food recovery determines that organic waste generator, 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 and/or, for the purposes of edible food recovery, training 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.

H. Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, the town or designee for edible food recovery (for edible food generator and food recovery organization and service requirements) may conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the town or designee for edible food recovery determines that organic waste generator, 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 and/or, for the purposes of edible food recovery, training 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.

I. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the town or designee for edible food recovery (designee for edible food determination only for tier 1 and tier 2 commercial edible food generator and food recovery organization and service requirements) determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.

(Ord. No. 774, § 1, 11-8-2021)