Huron Municipal Code Art. II Organic Waste Collection

A. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, through regulations adopted by the California Department of Resources, Recycling and Recovery ("CalRecycle") imposes requirements on multiple entities, including public entities, residential households, commercial businesses and business owners, and others, to support achievement of statewide organic waste disposal reduction targets.

B. The final regulations implementing SB 1383 ("SB 1383 Regulations") were adopted by CalRecycle in November 2020.

C. SB 1383 Regulations require the City to adopt an enforceable ordinance or similarly enforceable mechanisms to implement relevant provisions of SB 1383 Regulations.

D. This article is intended to comply with applicable requirements of the SB 1383 Regulations. The program established by this article shall operate in conjunction with the other programs implemented by article I.

( Ord. No. 2021-383 , § 1, 12-15-2021)

The following definitions shall be utilized for purposes of implementation of this article. In addition, the definitions set forth in article I shall be applied to this article. Where a definition is included in the SB 1383 Regulations, that definition shall be utilized unless otherwise included in this article, in which case the definition set forth herein shall prevail.

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

B. "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 having five or more dwelling units.

C. "Commercial edible food generator" means a commercial business that generates edible food that would otherwise be disposed.

D. "Commercial organic waste generator" means a commercial business that serves food or beverages on its premises for immediate consumption but does not generate edible food.

E. "Edible food" means food intended for human consumption.

F. "Edible food recovery" means the recovery of food from Tier 1 or Tier 2 edible food generators, for recovery and reuse consistent with food safety requirement of the California Retail Food Code.

G. "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.

H. "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 article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

I. "Inspection" means a site visit where city reviews records, containers, and a commercial businesses handling of organic waste or edible food, and related education and recordkeeping, to determine if it is complying with requirements set forth in this article.

J. "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 (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.

K. "Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility, including, but 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 the ordinance codified in this section, 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.

L. "Organic waste" means food waste, green waste, landscape and pruning waste, and nonhazardous wood waste.

M. "Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste.

N. "Recovered organic waste products" means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility.

O. "Residential" means properties utilized for full-time human habitation, including single-family properties and multifamily properties with four or less dwelling units.

P. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, 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.

Q. "SB 1383 Regulations" means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 OCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 OCR.

R. "Tier 1 commercial edible food generator" means a commercial edible food generator that is any of the following:

(1) Supermarket.

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

(3) Food service provider.

(4) Food distributor.

(5) Wholesale food vendor.

S. "Tier 2 commercial edible food generator" means a commercial edible food generator that is any of the following:

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

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

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

(4) Large venue.

(5) Large event.

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

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

( Ord. No. 2021-383 , § 1, 12-15-2021)

The city manager, or designee, is hereby authorized to make any determinations, or undertake or arrange for any programs or activities required to implement this chapter and relevant provisions of SB 1383 Regulations and in so doing may utilize city personnel.

( Ord. No. 2021-383 , § 1, 12-15-2021)

The city manager, or designee, shall have sole responsibility for and may undertake the following determinations, programs or activities:

A. Determining the compliance approach to be used by the City, either the collection service (standard) approach or the performance-based approach, as those are described in the SB 1383 Regulations.

B. Granting of waivers from SB 1383 requirements to an organic waste generator.

C. Applying for waivers from SB 1383 requirements granted by CalRecycle.

D. Applying for waivers from SB 1383 requirements granted by CalRecycle in the event of emergencies or disasters.

E. Regulating contract agents and self-haulers for their compliance with relevant SB 1383 Regulations.

F. Initiating and prosecuting enforcement actions against organic waste generators for violation of this chapter, including the determination and assessment of penalties.

G. Undertaking organic waste capacity planning, and edible food recovery capacity planning.

H. Maintaining and submitting records and reports required by the SB 1383 Regulations.

( Ord. No. 2021-383 , § 1, 12-15-2021)

The city manager, or designee, may undertake programs or activities implementing relevant provisions of SB 1383 Regulations, and in so doing may utilize a contract agent to implement this chapter, including, but not limited to, the following:

A. Providing for collection of organic waste utilizing a container collection system, in conjunction with other city programs for collection of solid waste and recyclable materials, and delivery of collected organic waste to an appropriate facility for recovery in accordance with SB 1383 Regulations.

B. Minimizing container contamination through public education and periodic monitoring of container contents.

C. Review, analysis, recommendation and tracking related to waiver requests from SB 1383 requirements submitted by organic waste generators.

D. Providing for container colors and labels in accordance with SB 1383 Regulations.

E. Providing for operations in the event of emergencies or disasters.

F. Identifying commercial organic waste generators and commercial edible food generators and providing education and outreach regarding SB 1383 Regulations.

G. Arranging for recovery of edible food from tier 1 commercial edible food generators and tier 2 commercial edible food generators through, among other means, a food recovery organization or food recovery service.

H. Recovery of organic waste generated at large events or large venues.

I. Providing information to assist with organic waste capacity planning, and edible food recovery capacity planning.

J. Procuring recovered organic waste products.

K. Providing periodic inspections of organic waste generators and investigation of complaints, and creation and maintenance of records regarding such activities.

L. Providing information and other data for purposes of tracking, recordkeeping and reporting in accordance with SB 1383 Regulations.

( Ord. No. 2021-383 , § 1, 12-15-2021)

Owners of residential or commercial properties, and other persons utilizing such properties, that are organic waste generators must subscribe and pay for collection service for organic waste, unless waived by the City, or the organic waste generator self-hauls such materials. Owners of such properties are responsible for any failure to subscribe and pay for such service, or to undertake other allowable methods of diversion.

A. Nothing in this chapter shall preclude any organic waste generator from self-hauling organic waste generated by that organic waste generator to a specified composting facility, community composting program, or other collection activity or program. An organic waste generator may transport organic waste, rather than hiring the contract agent only if the organic waste generator completes its activity by using a vehicle owned by that organic waste generator and operated by the organic waste generator or an employee or volunteer of the organic waste generator. This self-haul exemption does not include contracting for or hiring a third party to transport the organic waste. A self-hauler must retain on site a self-hauling form certifying that all self-hauling activities will be completed in accordance with this chapter or any other applicable law or regulation. The self-hauling form shall be made available to the City upon request. At a minimum, the self-hauler shall provide the following information on the self-hauling form:

1. The name, address and telephone number of the self-hauler's representative that will be signing the self-hauling form.

2. A list of the types of organic waste (e.g., food waste or green waste) that are being transported.

3. For each type of organic waste, the amount (pounds/tons) that is being delivered: to the specified composting facility, community composting program; or other collection activity or program on a quarterly basis. Documentation of organic waste disposal shall be provided in receipts obtained from the receiving facility or program.

4. The name and address of the composting facility, community composting program, or other collection activity or program.

5. A written statement, signed by the self-hauler or representative, certifying that the self-hauler is in compliance with the requirements of this section.

B. The city manager may restrict or prohibit self-hauling by an organic waste generator if the city manager determines, after providing notice and an opportunity for a hearing, that the organic waste generator's self-hauling activities violate the provisions of this article or any other applicable law or regulation.

( Ord. No. 2021-383 , § 1, 12-15-2021)

A. Commercial organic waste generators shall provide containers for the collection of organic waste in all areas where containers for solid waste are provided for customers, except in restrooms.

B. Commercial organic waste generators shall annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of organic waste, and for new tenants within fourteen (14) days of occupation of premises.

C. Commercial businesses shall provide or arrange for access to their properties at reasonable times for inspections, provided, however, that nothing is intended to permit an inspector to enter the interior of a private residential property.

( Ord. No. 2021-383 , § 1, 12-15-2021)

A. Tier 1 commercial edible food generators shall comply with the requirements of this section commencing January 1, 2022. Tier 2 commercial edible food generators shall comply with the requirements of this section commencing January 1, 2024.

B. Commercial edible food generators shall arrange to recover the maximum amount of edible food that would otherwise be disposed. A commercial edible food generator shall comply with the requirements of this section through a contract or written agreement with any or all of the following:

1. Food Recovery organizations or food recovery services that will collect their edible food for food recovery.

2. Food recovery organizations that will accept the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

C. A large venue or large event operator that does not provide food services, but allows for food to be provided, shall require food facilities operating at the large venue or large event to comply with the requirements of this section.

d. A commercial edible food generator subject to the requirements in this section shall keep a record that includes the following:

1. A list of each food recovery organization or food recovery service that collects or receives its edible food pursuant to a contract or written agreement.

2. A copy of contracts or written agreements between the commercial edible food generator and a food recovery organization or food recovery service.

3. A record of the following for each food recovery organization or food recovery service that the commercial edible food generator has a contract or written agreement with:

(a) The name, address and contact information of the service or organization.

(b) The types of food that will be collected by or self-hauled to the service or organization.

(c) The established frequency that food will be collected or self-hauled.

(d) The quantity of food collected or self-hauled to a service or organization for food recovery. The quantity shall be measured in pounds recovered per month.

( Ord. No. 2021-383 , § 1, 12-15-2021)

Enforcement of this article shall be pursuant to section 8-1-10 and chapter 4 of title 1 of this Code.

( Ord. No. 2021-383 , § 1, 12-15-2021)