Hollister Municipal Code Ch. 8.12 Solid Waste Collection and Disposal

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section. In the absence of an express definition in this chapter, the definitions provided in Division 30 of the California Public Resources Code, Section 40000, et seq., shall be used.

Bin means a container designed to hold one to eight cubic yards of material.

Bulk containers means those containers larger than standard size household containers (approximately 32-gallon size) or those that generally require emptying by mechanical device.

City means the city of Hollister, its officials, employees, or agents.

Commercial collection or commercial transportation of solid waste occurs when one person collects or transports the solid waste generated by another person for consideration, or when a person transports or collects 1,000 pounds or more of solid waste per load.

Construction or demolition debris means the construction materials used or removed from a site during the construction, razing, or renovation of a structure.

Container means any receptacle in which solid waste may be stored.

Dumpster means "roll off dumpster."

Franchise means the right granted to a person to collect or transport for disposal solid waste or recyclables located in the city limits.

Hazardous waste means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

(2) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

Household hazardous waste means any hazardous waste generated incidental to owning or maintaining a place of residence but does not include any waste generated in the course of operating a business enterprise at a residence.

Person means, without limitation, any individual, corporation, public or private, for profit or nonprofit; partnership; limited liability company; association; municipality; public agency; or trust or entity of any nature.

Recyclables means solid waste which is aluminum, glass bottles and jars, paper, newspaper, cardboard (all fiber), plastic containers, tin and bi-metal, white goods, yard or green waste, and other material which can be processed and returned 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.

Roll off packer or packer means "roll off dumpster."

Roll off dumpster means a container designed to hold eight to 50 cubic yards of loose or compacted material that is emptied off site by mechanically rolling the container off of the motor vehicle used for collection.

Solid waste shall have the same meaning as specified in Section 40191 of the Public Resources Code, as amended. "Solid waste" shall also include materials which are or may be recyclable or reusable. "Solid waste" also includes sewage.

Solid waste facility shall have the same meaning as specified in Section 40194 of the Public Resources Code, as amended.

Source separation means the separation or segregation of solid waste, at the place of generation or production of waste and resources for separate collection, processing, recycling, reuse, recovery, or disposal.

Transporting solid waste means to move, or cause to be moved by any means, solid waste from the site where generated or stored to another nonadjacent site where disposed or stored.

Waste means any material, solid, semisolid, or liquid which is discarded or would be discarded or unused but for a secondary use or reuse.

(Prior code § 10-1; Ord. 1029, § 1A, 2008; Ord. 1040, § 1A, 2008; Ord. 1244, § 1, 2024)

A. The city council may determine, pursuant to state law, if a collection franchise shall be awarded exclusively or non-exclusively, with or without competitive bidding. The council shall specify the duration of the franchise agreement or permit and shall specify, by resolution, an appropriate franchise fee.

B. The city council or board of supervisors may grant non-exclusive solid waste collection franchise agreements or permits for roll-off collection in the city limits. These franchise agreements or permits shall be known as "roll-off collection" and shall be granted subject to any franchise fees which may be established by council resolution. In no case shall that franchise fee exceed that which is charged for the exclusive franchise.

C. It is unlawful for any person to engage in a commercial enterprise to collect solid waste or recyclables in the city limits unless the person has been granted a franchise or permit by the city to collect solid waste, or unless the person is exempt from the franchise or permit requirement.

(Ord. 1029, § 2B, 2008; Ord. 1244, § 2, 2024)

A. In order to promote and protect the public health and safety and to reduce the potential hazards of fire and disease, it is a requirement of law that the owner and occupant, or owner-occupant, as the case may be, of every occupied structure in the city, are jointly and severally responsible to enter into a contract with the city, or its franchised contractor, and to pay the lawfully established charges for the removal from such premises of all garbage, refuse, rubbish and commercial rubbish, except that the owner shall be responsible for payment of the charges for multidwelling units in accordance with all applicable provisions of this chapter.

B. Any owner, occupant, or owner-occupant may appeal to the city manager to be relieved from the obligation to enter into a contract for removal of solid waste imposed by this section. The city manager shall have the authority to make an order relieving an applicant of that obligation if the city manager, based on the evidence presented, makes findings that (1) no threat to the public health or welfare is likely to be presented and (2) either: (a) as a result of absence or vacancy, no need exists at the particular premises for any service of solid waste removal; or (b) sufficient written documentation or proof has been provided to establish that applicant is disposing of solid waste or recyclables in a legally permitted solid waste facility. The county health officer shall periodically inspect the premises, and if it is found that solid waste is present or that the property no longer qualifies for an exemption, the franchised solid waste collection shall be resumed forthwith at the expense of the property owner, occupant, or owner-occupant.

C. Solid waste containers on all premises shall be emptied and solid waste shall be collected and properly disposed of not less than once a week. Collection and disposal shall be by the authorized collector, except as authorized by the city manager pursuant to subsection B of this section. The county health officer may require collection or disposal at a different frequency on premises where solid waste is produced in such quantities, or is of such a nature, that increased frequency is necessary to prevent the occurrence of rodent and insect infestations, odor nuisances, or threats to public health, safety, or welfare, or to accommodate reasonable economic collection practice without impairment of the public health, safety, or welfare. Any special requirements of the health officer shall be specified in writing and transmitted to the owner and occupier of the subject premises.

D. Solid waste on all premises shall be collected or properly disposed of at such frequency as will prevent the occurrence of a hazard or nuisance condition. For purposes of this chapter, a hazard or nuisance will be presumed to exist if the frequency of collection or proper disposal exceeds one week and residential accumulation exceeds two cubic yards.

(Prior code § 10-10; Ord. 890, § 1, 1997; Ord. 1029, § 1C, 2008)

A. Every person owning or possessing any land, dwelling, or industrial, commercial or business structure or premises, where solid waste is produced, generated, or accumulated, except for a person owning or possessing an approved solid waste facility, shall maintain on the premises containers provided by the holder of the franchise and authorized by the city, if any, or suitable containers of sufficient capacity to store the accumulations of solid waste during the intervals between collection or disposal. The containers and covers shall be in good repair, leakproof, free from holes, fly-tight, and rodentproof. The container shall be maintained in a sanitary condition by its owners or users and covers shall not be removed except for the purpose of placing solid waste.

B. Every contractor or builder engaged in the erection, demolition, or repair of a structure shall provide a container at or near the structure for the deposit and storage of any solid waste or demolition debris resulting from the erection, demolition, or repair work.

C. In multiple-occupancy structures or premises, when solid waste containers are not provided or maintained by the landlord, it shall be the responsibility of the tenant to provide and maintain adequate, approved containers.

(Prior code §§ 10-4, 10-7; Ord. 1029, § 1D, 2008)

A. Maximum Weight of Filled Containers. No person shall fill a container for solid waste or recyclables so as to exceed 60 pounds in weight when filled.

B. Source Separation. All persons shall separate all recyclables from other solid waste generated at their premises and shall place the recyclables into a different container so as to facilitate segregation at a solid waste facility. An owner or agent of an owner of a multifamily rental housing property with three or more units shall comply with its separation responsibilities by establishing a collection and storage system at each property.

C. Household Hazardous Waste. Every person shall separate household hazardous waste from solid waste and recyclables and shall dispose of it only at a household hazardous waste collection facility or through programs specifically provided by the franchise collector or the city to collect household hazardous waste.

(Prior code § 10-9; Ord. 1029, § 1E, 2008)

A. During intervals between collection, transportation, or disposal, the storage, accumulation, collection, keeping, handling, or maintaining of solid waste on premises shall be performed in a manner that will discourage the harboring or breeding of rodents and insects and the ready access to the solid waste by dogs and other small animals, and to prevent the pollution of the air or the creation of a fire or health hazard.

B. Other than at an approved solid waste facility, in any premises where the volume of solid waste accumulates in excess of two cubic yards between intervals of collection or disposal, the solid waste shall be stored in fire-resistant containers approved by the local fire authority and in a manner approved by the county health officer.

C. Any industrial, commercial, or business establishment in which solid waste is handled, produced, or stored shall have its solid waste operation reviewed by the county health officer, as required by the health officer. The person in possession of the industrial, commercial, or business establishment shall comply with such requirements as the county health officer may deem necessary for the sanitary storage, collection, or disposal of solid waste on the premises in compliance with this chapter. Any special requirements of the health officer shall be specified in writing and transmitted to the person in charge of the solid waste operation.

(Ord. 1029 § 1F, 2008)

A person in possession, charge or control of any premises shall place all refuse and refuse containers or receptacles in the following areas for collection and removal:

A. Where curbs have been installed, in the gutter with the container's wheels against the curb;

B. Where the street is posted no parking, or curbs and gutters have not been installed, on the sidewalk with the front of the can flush with the street;

C. Where alleys run through a block, at the alley lot line;

D. Such other area or areas as may be designated, from time to time, by the city manager, or designee.

(Ord. 1002, § 1, 2006)

A. On Public Property. Except as provided in this chapter, no person shall place, deposit or keep any incinerator, refuse or refuse container or receptacle on any sidewalk, street, alley, public way or public property.

B. On Private Property—Burial. Except as provided in this chapter, no person shall place, deposit or keep any refuse on any premises, other than that upon which it was produced, or bury any refuse.

C. Except as otherwise provided by law and this chapter, no person or entity shall deposit or discharge, or cause to be deposited or discharged any solid waste in any place other than an approved solid waste facility. No person shall allow or permit the deposit or discharge of solid waste in violation of this chapter on property owned, controlled, or possessed by that person.

(Prior code §§ 10-2, 10-3; Ord. 1029, § 1G, 2008)

No person shall place, deposit or keep in any garbage or refuse container or receptacle any of the following: dead animals, or any refuse from any premises where any infectious or contagious disease has prevailed. The person in possession, charge or control of any premises wherein or whereon such items are located shall forthwith notify the director of public works and shall dispose of the same in accordance with the director's directions.

(Prior code § 10-8)

The collection, removal, transportation and disposal of refuse shall be under the supervision of the director of public works who shall make all necessary rules and regulations in connection therewith. Such rules and regulations shall provide for the time and method of regular and special services, the disposal of refuse by any person at a solid waste disposal site owned or operated by the city, its agents or contractors, and the method and collection of charges for the disposal of refuse at any solid waste disposal site owned or operated by the city, its agents or contractors.

(Prior code § 10-11)

Containers for solid waste and recyclables shall be placed adjacent to streets or roadways to facilitate collection, transportation, or disposal, no more than 24 hours prior to scheduled collection, transportation, or disposal time and shall be removed from the pickup site within 24 hours after they have been emptied.

(Prior code § 10-12; Ord. 1029, § 1H, 2008)

A. The owner, occupant, or owner-occupant of any premises receiving regular and special solid waste collection, removal, transportation, and disposal services shall pay the rates, including any delinquency charge, as established in the franchise agreement then in effect.

B. All charges for services shall become due and payable on the date specified in a bill or notice, and shall become delinquent thereafter.

(Prior code § 10-13; Ord. 1029, § 1I, 2008)

The owner, occupant, or owner-occupant of any premises not requiring refuse collection, removal, transportation or disposal services because of absence or vacancy shall notify the city's franchise contractor in writing before charges for regular services are discontinued which shall be at the end of the then-current service month. The director of public works shall cause periodic inspections of such premises to be made and if it is found that refuse is produced or situate thereon, regular refuse collection, removal, transportation or disposal services shall be resumed forthwith.

(Prior code § 10-13.1; Ord. 890, § 2, 1997)

A. Requirements and Exceptions. Except as provided in this section, all garden refuse shall be placed in suitable containers, which shall not exceed 50 pounds leaden weight, or tied in bundles which shall not exceed 50 pounds in weight or four feet in length.

In areas where streets are fully paved and curbs installed, at any time leaves may be placed in the street not less than 12 inches from nor more than 48 inches from the curb.

In lieu of placing in suitable containers or tying in bundles, shrubbery, brush and tree trimmings may be placed in the areas designated in this chapter for collection, removal and transportation by the city chipper crew.

All but permanent containers will be collected, removed and transported with the contents and will not be returned.

B. Tree Surgeons and Professional Trimmers. Tree surgeons and professional tree trimmers shall collect, remove, transport and dispose of all garden refuse produced or accumulated by them.

(Prior code §§ 10-13.2, 10-13.3)

No person owning or possessing any land, dwelling, or industrial, commercial or business premises or structure shall allow or permit any solid waste to collect or accumulate upon or in any premises or structure except as otherwise provided by law. This prohibition shall not be construed to affect either of the following:

A. Any authorized solid waste facility operating pursuant to law; or

B. Any properly-conducted garden composting process carried on by a person on his or her premises producing compost only for use on the premises, unless that operation constitutes a public nuisance.

(Prior code § 10-5; Ord. 1029, § 1J, 2008)

Any person in possession, charge or control of any premises who shall fail to cause all refuse which is or becomes a menace to health or a fire hazard or otherwise dangerous or offensive to be removed therefrom within 24 hours after having received written notice to do so by the health officer or the fire chief or the director of public works of the city shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed six months or by both such fine and imprisonment.

(Prior code § 10-6)

Burning of solid waste is prohibited by state law. Any exemption to this law is regulated by the Monterey Bay Unified Air Pollution Control District.

(Prior code § 10-13.5; Ord. 1029, § 1K, 2008)

No person shall throw, place, deposit or dump, or cause to be thrown, placed, deposited or dumped, any refuse on any sidewalk, street, alley, public way, public place or public property, or any premises without the consent of the person in possession, charge or control of the premises.

(Prior code § 10-13.6)

A. The violation of any provision of this chapter or any provision of any franchise agreement authorized under this chapter is unlawful and is a public nuisance and shall be abated, eliminated, or enjoined as provided by the Hollister Municipal Code or state law.

B. Except as otherwise provided by law, the remedies provided in this chapter are cumulative and not exclusive. Nothing in this chapter is intended, or shall be deemed or construed, to limit or impair the ability of the city, or any of its officers, agents, or employees to take any administrative or judicial action, otherwise authorized by law, to abate any public nuisance as provided by the Hollister Municipal Code or state law.

C. Upon reasonable cause the county health officer may investigate to determine whether a violation of this chapter exists. While performing his or her duties and upon presentation of credentials and identification as an employee of the county health department, the health officer shall have the power to enter upon the premises, with permission or with court order, to inspect any thing or condition which appears to be a violation. With the consent of the owner or occupier of the premises or consistent with legal guidelines, the health officer may examine the premises, things, or conditions, take samples and make whatever tests are needed, and take any other steps reasonably necessary for the proper investigation and determination of whether such a violation exists.

(Prior code § 10-13.7; Ord. 1029, § 1L, 2008)

A. Purpose and findings.

1. The purpose of this section is to comply with SB 1383 and reduce the amount of edible food going to landfill.

2. The city council of the city of Hollister (city) has the power to enact ordinances.

3. State organics recycling law, Senate Bill 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016 (approved by the Governor of the state of California on September 19, 2016), took effect on January 1, 2017 and sets Statewide Organic Waste disposal reduction targets of 50 percent by 2020 and 75 percent by 2025, and requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The SB 1383 Regulations place requirements on multiple entities, including counties, cities, residential households, commercial businesses (including multi-family residential dwellings), commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets with compliance required beginning January 1, 2022. The city is eligible for, has applied for and expects to receive, a rural waiver from CalRecycle for most of the generator and collection requirements, except for the commercial edible food generator requirements and other edible food recovery program requirements.

4. In furtherance of the food recovery objectives of the laws noted above and to reduce legal risks associated with food recovery, the state food donation law, Assembly Bill 1219 of 2017, the California Good Samaritan Food Donation Act of 2017, provides additional protections for entities that donate and distribute food for human consumption.

5. By January 1, 2022, the SB 1383 Regulations require jurisdictions that provide solid waste services, to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of SB 1383.

6. It is in the public interest for participants in the city of Hollister to work together to advance the goals in the state legislation noted above.

7. This section is adopted pursuant to CalRecycle's SB 1383 Regulations. The SB 1383 Regulations were the subject of a program environmental impact report (EIR) prepared by CalRecycle, and the activities to be carried out under this section are entirely within the scope of the SB 1383 Regulations and that EIR. No mitigation measures identified in the EIR are applicable to the city's enactment of this section. The EIR therefore adequately analyzes any potential environmental effects of the section and no additional environmental review is required. On a separate and independent basis, the section is exempt from CEQA pursuant to section 15308, Class 8 of the CEQA Guidelines as an action that will not have a significant impact on the environment and as an action taken by a regulatory agency for the protection of the environment, specifically, for the protection of the climate. There are no unusual circumstances that would cause this section to have a significant effect on the environment

B. Title of section. This section is titled "Edible food recovery ordinance".

C. Definitions. The following definitions govern the use of terms in this section:

CalRecycle means California's Department of Resources Recycling and Recovery, which is the state agency designated with responsibility for developing, implementing, and enforcing the SB 1383 Regulations.

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

Commercial edible food generator includes a Tier One or a Tier Two commercial edible food generator as defined herein or as otherwise defined in 14 CCR section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR section 18982(a)(7).

City means the city of Hollister.

Designee means a staff person that the city of Hollister assigns to carry out any of the city's responsibilities of this section.

Designated entity means an entity that the city of Hollister contracts with or otherwise arranges to carry out any of the city's responsibilities of this section as authorized in 14 CCR section 18981.2. A designated entity may be a government entity, a private entity, or a combination of those entities.

Edible food means food intended for human consumption, or as otherwise defined in 14 CCR section 18982(a)(18). For the purposes of this section or as otherwise defined in 14 CCR section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this section or in 14 CCR, division 7, chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code, as codified in the Health and Safety Code section 113700, et seq.

Enforcement action means an action of the relevant enforcement agency to address non-compliance with this section including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

Enforcement agency means an entity with the authority to enforce part or all of this section as specified herein. Employees and agents of an enforcement agency may carry out inspections and enforcement activities pursuant to this section. Nothing in this section authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity. The city of Hollister is an enforcement agency for purposes of enforcing this section. Other public entities may be designated by the city to serve as an enforcement agency for the city.

Enforcement officer means the city manager of the city of Hollister or designee.

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

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

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

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

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

(2) A nonprofit charitable organization as defined in section 113841 of the Health and Safety code; and,

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

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

Food recovery service means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this section and implementation of 14 CCR, division 7, chapter 12 pursuant to 14 CCR section 18982(a)(7).

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

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

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).

Health facility has the same meaning as in section 1250 of the Health and Safety Code.

Inspection means an enforcement agency's electronic or on-site review of 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 section, or as otherwise defined in 14 CCR section 18982(a)(35).

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

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

Notice of violation 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.

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 Senate Bill 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016.

SB 1383 Regulations means or refers to, for the purposes of this section, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, division 7, chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

Supermarket means a full-line, self-service retail store with gross annual sales of $2,000,000, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR 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 10,000 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 section.

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

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

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

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

4. Large venue.

5. Large event.

If the definition in 14 CCR section 18982(a)(74) of tier two commercial edible food generator differs from this definition as to entities subject to the regulatory authority of a jurisdiction, the definition in 14 CCR section 18982(a)(74) shall apply to this section.

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).

D. Requirements for commercial edible food generators. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR section 18991.3 or such later deadline established by state law or regulations.

Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities, as defined in section 113789 of the Health and Safety Code, operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024 or such later deadline established by state law or regulations.

Commercial edible food generators shall comply with the following requirements:

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

2. Enter into a contract or other written agreement with food recovery organizations or food recovery services for: (i) the collection for food recovery of edible food that would otherwise be disposed; or, (ii) acceptance of edible food that would otherwise be disposed that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

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

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

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

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

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

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

b. A copy of all contracts and written agreements established under 14 CCR section 18991.3(b) and/or this section.

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. If it has not entered into a contract or written agreement with food recovery organizations or food recovery service, a record that describes (i) its direct donation of edible food to end recipients (including employees) and/or (ii) its food waste prevention practices that result in it generating no surplus edible food that it can donate.

8. Tier one commercial edible food generators and tier two commercial edible food generators shall provide, upon request, a food recovery report to the enforcement agency that includes the information in 7. Entities shall provide the requested information within 60 days of the request.

Nothing in this section shall be construed to limit or conflict with (1) the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 or (2) otherwise applicable food safety and handling laws and regulations.

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

E. Requirements for food recovery organizations and services.

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

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

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

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

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

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

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

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

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

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

(Tier 1) no later than August 15, 2022, submit an initial report covering the period of January 1, 2022 to June 30, 2022; and

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

4. In order to support edible food recovery capacity planning assessments and similar studies, food recovery services and food recovery organizations operating in the city shall provide, upon request, information and consultation to the city, or the city, regarding existing, or proposed new or expanded, food recovery capacity in a form that can be provided to or that can be accessed by the city and the commercial edible food generators in the city. A food recovery service or food recovery organization contacted by an enforcement officer designated by the city, shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the enforcement officer.

F. Inspections and investigations.

1. The city's enforcement officer or its designated enforcement agency is authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this section, subject to applicable laws.

2. A person subject to the requirements of this section shall provide or arrange for access during all inspections (with the exception of a private residential dwelling unit) and shall cooperate with the enforcement agency during such inspections and investigations. Such inspections and investigations may include inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance. Failure to provide or arrange for access to the premises or access to records for any inspection or investigation is a violation of this section and may result in penalties.

3. Any records obtained by the city's enforcement officer or its designated enforcement agency during inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code section 6250 et seq.

4. The city's enforcement officer or its designated enforcement agency shall accept written complaints from persons regarding an entity that may be potentially non-compliant with this section.

G. Enforcement.

1. Violation of any provision of this section shall constitute an infraction and will be grounds for issuance of a notice of violation and assessment of an administrative citation and penalty by the city's enforcement officer or its designated enforcement agency.

2. Enforcement actions under this section are issuance of an administrative citation and assessment of a fine. Any section of this section may be enforced by the city, or, if agreed to, by its designated enforcement agency.

3. Violations are punishable in the amounts set by the Hollister City Council in the schedule of penalties made pursuant to Hollister Municipal Code section 1.18.040 and in effect at the time of the violation.

4. The enforcement agency for the provisions of this section is the city and any designated enforcement agency authorized by the city to enforce one or more sections of this section.

(Ord. 1205, 2021)