Imperial County Municipal Code Ch. 8 72A - Mandatory Organic Waste Disposal Reduction Program

This chapter shall be entitled "Mandatory Organic Waste Disposal Reduction Program".

(Ord. No. 1577, § 2, 4-12-22)

(a) 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.

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

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

(d) 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, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this ordinance [chapter].

(e) Commercial edible food generator means and includes a Tier One or a Tier Two commercial edible food generator as defined in subparagraphs (nnn) and (ooo) of this section 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).

(f) Compliance review means a review of records by the county to determine compliance with this chapter.

(g) Community composting means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, where the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

(h) Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance adopting this chapter; that "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.

(i) Compostable plastics or compostable plastic means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

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

(k) C&D means construction and demolition debris.

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

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

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

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

(m) Designee means an entity that the county contracts with or otherwise arranges to carry out any of the county's responsibilities of this ordinance [chapter] as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

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

(o}

Enforcement action means an action of the county to address compliance with this chapter, including, but not limited to, issuing administrative citations, notices of violations, fines, penalties, compliance orders or using other remedies.

(p) Excluded waste means hazardous substance, hazardous waste, infectious waste, designated waste, volatile corrosive medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the county and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: Land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the county's, or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the county or its designee, to potential liability; but not including, de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials arc defined as allowable materials for collection through the county's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by county or its designee for collection services.

(q) 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).

(r) Food facility has the same meaning as in Section 113789 of the California Health and Safety-Code.

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

(t) 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 California Health and Safety Code;

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

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

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

If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

(u) 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 chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

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

(w) 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).

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

(y) Food waste means food scraps, and food-soiled paper.

(z) 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.

(aa) 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).

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

(cc) 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 50 percent (50%) between January 1, 2022 and December 31, 2024, and 75 percent (75%) after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste collection stream" as defined it 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

(dd) Inspection means a site visit where the county 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 ordinance [chapter], or as otherwise defined in 14 CCR Section 18982(a)(35).

(ee) County enforcement official means the public works director, or the public works director's authorized designee(s) who is/are partially or wholly responsible for enforcing the ordinance. See also "regional or county agency enforcement official."

(ff) 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. 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 ordinance [chapter].

(gg) 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. For purposes of this ordinance [chapter] and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hail, amusement park, conference or civic center, zoo, aquarium airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(J9) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

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

(ii) Multifamily residential dwelling or multifamily means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

(jj) MWELO means and refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

(kk) 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).

(ll) Non-local entity means the following entities that are not subject to the county's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

(1) Public universities (including community colleges) located within the boundaries of the county, including, but not limited to, Imperial Valley College.

(2) State agencies located within the boundaries of the vounty.

(mm) 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).

(nn) 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.

(oo) 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).

(pp) 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).

(qq) 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).

(rr) Printing and writing papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelops, 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).

(1) Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the county's blue container;

(2) Discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the county's green container;

(3) Discarded materials placed in the black/gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be place in county's green container and/or blue container; and

(4) Excluded waste placed in any container.

(tt) 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).

(uu) 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).

(vv) Recycled-content paper means paper products and printing and writing paper that consists of at least 30 percent thirty (30) by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

(ww) Regional agency means regional agency as defined in California Public Resources Code Section 40181.

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

(yy) 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).

(zz) Regional agency means regional agency as defined in Public Resources Code Section 40181.

(aaa) 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).

(bbb) Route review means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

(ccc) 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.

(ddd) SB 1383 Regulations or SB 1383 Regulatory" means or refers to, for the purposes of this ordinance [chapter], 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.

(eee) 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).

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

(ggg) 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 State 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 State Public Resources Code.

(hhh) 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 purpose of the ordinance, source separated shall include separation of materials be generator, property owner, property owner's employer, property manager, or property manager's employee into different contains for the purpose of collection such that source separated materials are separated from mixed waste or other solid waste for the purposes of collection and processing.

(iii) Source separated blue container organic waste means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).

(jjj) 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 by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.

(kkk) Source separated recyclable materials means source separated non-organic recyclables and source separated blue container organic waste.

(lll) State means the state of California.

(mmm) Supermarket means a full-line, self-service retail store with gross annual sales of two million dollars ($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).

(nnn) 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 (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 ordinance [chapter].

(ooo) Tier Two commercial edible food generator means a commercial edible food generator that is one 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.

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 ordinance [chapter].

(ppp) Uncontainerized green waste and yard waste collection service or uncontainerized service means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR Section 189852(a)(75).

(qqq) 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. 1577, § 2, 4-12-22)

Single-family organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in Section 8.72A.090 of this ordinance [chapter]:

(a) Shall subscribe to county's organic waste collection services for all organic waste generated as described below in Section 8.72A.030(b). County 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 its service level for its collection service as requested by the county. 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) Shall participate in the county's organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.

(1) Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and black/gray container waste in the black/gray container. Generators shall not place materials designated for the black/gray container into the green container or blue container.

(Ord. No. 1577, § 2, 4-12-22)

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

(a) Subscribe to county's three-container collection services and comply with requirements of those services as described below in Section 8.72A.040(b), except commercial businesses that meet the self-hauler requirements in Section 8.72A.090 of this ordinance [chapter]. County shall have the right to review the number and size or 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 county.

(b) Except commercial businesses that meet the self-hauler requirements in Section 8.72A.090 of this ordinance [chapter], participate in the county's organic waste collection service(s) by placing designated materials in designated containers as described below.

(1) Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and black/gray container waste in the black/gray container. Generator shall not place materials designated for the black/gray container into the green container or blue container.

(c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 8.72A.040(d)(1) and 8.72A.040(d)(2) below) for employees, contractors, tenants, and customers, consistent with county's blue container, green container, and black/gray 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 12.

(d) Excluding multifamily 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 county, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to the 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) Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements in Section 6(d) pursuant to 14 CCR Section 18984.9(b).

(f) To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the county's blue container, green container, and black/gray 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 12.

(g) Excluding multifamily residential dwellings, periodically inspect blue containers, green containers, and black/gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

(h) 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.

(i) Provide education information before or within fourteen (14) 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/gray container waste (when applicable), and the location of containers and the rules governing their use at each property.

(j) Provide or arrange access for county or its agent to their properties during all inspections conducted in accordance with Section 8.72A.130 of this ordinance [chapter] to confirm compliance with the requirements of this ordinance [chapter].

(k) Accommodate and cooperate with county's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with Section 8.72A.040(b). The remote monitoring program, if adopted, shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and black/gray containers.

(l) At commercial business's option and subject to any approval required from the county, implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and black/gray containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the blue containers, green containers, and black/gray containers subject to written notification to or approval by the county or its designee.

(m) If a commercial business wants to self-haul, meet the self-hauler requirements in Section 8.72A.090 of this ordinance [chapter].

(n) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(o) Commercial businesses that are Tier One or Tier Two commercial edible food generators shall comply with food recovery requirements, pursuant to 8.72A.060.

(Ord. No. 1577, § 2, 4-12-22)

(a) De Minimis Waivers. The county may waive a commercial business' obligation (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this ordinance [chapter] if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in Section 8.72A.050(a)(2) 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 in Section 8.72A.050(a)(2) below.

(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 a blue container or green container comprises less than twenty (20) 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 a blue container or green container comprises less than ten (10) gallons per week per applicable container of the business' total waste.

(3) Notify county if circumstances change such that 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 county has approved a de minimis waiver.

(b) Physical Space Waivers. The county may waive a commercial business' or property owner's obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the county 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 of Section 8.72A.040. 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 the county that it is still eligible for physical-space waiver every five years, if county has approved an application for a physical space waiver.

(d) Review and Approval of Waivers by County. The user may petition the public works director to consider the approval of waivers for the Mandatory California Organic Recycling Ordinance.

(1) In its petition, the appealing party must submit a complete waiver application.

(2) If the public works director fails to act within sixty (60) days, a request for a waiver shall be denied. Decisions to not issue a waiver to the user may be appealed as provided herein.

(A) Appeals shall be in writing and shall be accompanied by a fee established by the board of supervisors to defray all expenses and costs associated with processing the appeal.

(B) The clerk of the board shall set the matter for hearing before the board of supervisors. The decision of the board shall be an administrative action for the purpose of judicial review.

(3) Aggrieved parties seeking review of the final waiver decision must do so by filing an appeal with the clerk of the board within ten (10) days of receipt of the decision issued by the public works director.

(Ord. No. 1577, § 2, 4-12-22)

(a) Tier One commercial edible food generators must comply with the requirements of this Section 8.72A.050 commencing January 1, 2022, and Tier Two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

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

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

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

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

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

(4) Allow county's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

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

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

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

(C) A record of the following information for each of those food recovery services or food recovery organizations:

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

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

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

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

(d) Nothing in this ordinance [chapter] shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 1577, § 2, 4-12-22)

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

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

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

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

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

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

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

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

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

(d) Food recovery organizations and food recovery services that have their primary address physically located in the an unincorporated portion of the county and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the county it is located in the total pounds of edible food recovered in the previous calendar year from the Tier One and Tier Two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than January I, 2022.

(e) Food recovery capacity planning.

(1) Food Recovery Services and Food Recovery Organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the county, any city, or special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the county shall provide information and consultation to the county, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the county and its commercial edible food generators. A food recovery service or food recovery organization contacted by the county shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified by the county.

(Ord. No. 1577, § 2, 4-12-22)

(a) Permitting of Entities Which Provide Hauling Services. The board of supervisors entrusts the director of the department of public works the authority to set up, maintain, and modify a yearly permitting procedure of hauling entities that meets the requirements of CalRecycle and the efforts of the current and future environmental regulations with regards to municipal waste and short-lived climate pollutants.

(b) Requirements for Haulers.

(1) Exclusive franchised hauler, permitted haulers or licensed haulers providing residential, commercial, or industrial organic waste collection services to generators within the county's jurisdiction shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the county to collect organic waste:

(A) Through written notice to the county annually on or before January 1, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, source separated green container organic waste.

(B) Transport source separated recyclable materials, source separated green container organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

(C) Obtain approval from the county to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 8.72A.100 of this ordinance [chapter].

(2) Exclusive franchised hauler, permitted haulers or licensed haulers, authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with county.

(c) 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 county request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughout and permitted capacity necessary for planning purposes. Entities contacted by the county shall respond within sixty (60) days.

(2) Community composting operators, upon county request, shall provide information to the county 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 county shall respond within sixty (60) days.

(Ord. No. 1577, § 2, 4-12-22)

(a) Self-haulers shall source separate all recyclable materials and organic waste (materials that county otherwise requires generators to separate for collection in the county's organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 or shall haul organic waste to a high diversion organic waste processing facility specified in 14 CCR Section 189.84.3.

(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 (including multifamily residential dwellings) 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 county. 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) A residential organic waste generator that self-hauls organic waste is not required to record or report information in Section 8.72A.090(c).

(Ord. No. 1577, § 2, 4-12-22)

(a) Persons applying for a permit from the county for new construction and building additions and alternations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the county. If the requirements of CALGreen are more stringent then the requirements of this section, the CALGreen requirements shall apply.

Project applicants shall refer to county's building and/or planning code for complete CALGreen requirements.

(b) For projects covered by CALGreen or more stringent requirements of the county, the applicants must; as a condition of the county's permit approval, comply with the following:

(1) Where five or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials consistent with the three-, three-plus, or two-container collection program offered by the county, or comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(2) New commercial construction for additions resulting in more than thirty percent (30%) of the floor area shall provide readily accessible areas identified for the storage and collection of blue container and green container materials; consistent with the three-, three-plus, or two-container collection program offered by the county, or shall comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with all written and published county policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

(Ord. No. 1577, § 2, 4-12-22)

(a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the county, who are constructing a new (single-family, multifamily, public, institutional, or commercial) project with a landscape area greater than five hundred (500) square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred (2,500) square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch as delineated in this Section 8.72A.110.

(b) The following compost and mulch use requirements that are part of the MWELO are now also included as requirements of this ordinance [chapter]. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.

(c) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 8.72A.110(a) above shall:

(1) Comply with Sections 492.6(a)(3)(B), (C), (D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch and amendments section to include the following:

(A) For landscape installations, compost at a rate of a minimum of four cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.

(B) For landscape installations, a minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five-percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

(C) Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

(2) The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 8.72A.110(a) shall consult the full MWELO for all requirements.

(d) If, after the adoption of the ordinance codified in this chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D) and (G) of the MWWELO September 15, 2015, requirements in a manner that requires cities to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2 Chapter 2.7 shall be enforced.

(Ord. No. 1577, § 2, 4-12-22)

(a) County departments, and direct service providers to the county, as applicable, must comply with the county's current recovered organic waste product procurement policy and current recycled-content paper procurement policy.

(b) All vendors providing paper products and printing and writing paper shall:

(1) If fitness and quality are equal, provide recycled content paper products and recycled-content printing and writing paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items.

(2) Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

(3) Certify in writing, under penalty of perjury, the minimum percentage of post-consumer material in the paper products and printing and writing paper offered or sold to the county. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

(4) Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the county is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).

(5) Provide records to the county's recovered organic waste product procurement recordkeeping designee, in accordance with the county's recycled-content paper procurement policy(ies) of all paper products and printing and writing paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the county. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, mitten certifications as required in Sections 8.72A.120(b)(3) and 8.72A.120(b)(4) of this ordinance [chapter] for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.

(Ord. No. 1577, § 2, 4-12-22)

(a) County representatives and/or its designated entity, including designees 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 ordinance [chapter] by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow county to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with Section 8.72A.040(b) of this ordinance [chapter], county may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to Section 8.72A.040(k) of this ordinance [chapter].

(b) Regulated entities shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the county's employees or its designated designee during such inspections and investigations. Such inspections and investigations may include conformation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this ordinance [chapter] described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any inspection or investigation is a violation of the ordinance codified in this chapter and may result in penalties described.

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

(d) County representatives, its designated entity, and/or designee are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this ordinance [chapter], subject to applicable laws.

(e) County shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

(Ord. No. 1577, § 2, 4-12-22)

(a) Violation of any provision of this ordinance [chapter] shall constitute grounds for issuance of a notice of violation and assessment of a fine by a county enforcement official or representative. Enforcement actions under this ordinance [chapter] are issuance of an administrative citation and assessment of a fine. The county's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance [chapter] and any rule or regulation adopted pursuant to this ordinance [chapter], except as otherwise indicated in this ordinance [chapter].

(b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. County may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. County may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of county staff and resources.

(c) Responsible Entity for Enforcement.

(1) Enforcement pursuant to this ordinance [chapter] may be undertaken by the county enforcement official, which may be the public works director or his/her designated entity legal counsel, or combination thereof.

(A) County enforcement official(s) will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement enforcement action; and, determine if compliance standards are met.

(B) County enforcement official(s) may issue notices of violation(s).

(d) Process for Enforcement.

(1) County enforcement officials and/or their designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and inspection program (that may include remote monitoring). Section 8.72A.130 establishes county's right to conduct inspections and investigations.

(2) County may issue an official notification to notify regulated entities of its obligations under the ordinance.

(3) For incidences of prohibited container contaminants found in containers, county 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 (30) days after determining that a violation has occurred. If the county observes prohibited container contaminants in a generator's containers on more than two consecutive occasion(s), the county may assess contamination processing fees or contamination penalties on the generator.

(4) With the exception of violations of generator contamination of container contents addressed under Section 8.72A.140(d)(3), county shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.

(5) Absent compliance by the respondent within the deadline set forth in the notice of violation, county shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 1.40 of the Imperial County Code of Ordinances.

Notices shall be sent to "owner" at the official address of the owner maintained by the county tax collector 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.

(e) Penalty Amounts for Types of Violations. The penalty levels are as follows:

(1) For a first violation: The customer violating the regulations and restrictions in this section shall receive a written warning for the first such violation.

(2) For a second violation: The amount of the base penalty shall be one hundred dollars ($100.00) to two hundred dollars ($200.00) per violation.

(3) For a third or subsequent violation: The amount of the base penalty shall be two hundred fifty dollars ($250.00) to five hundred dollars ($500.00) per violation.

(f) Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:

(1) The nature, circumstances, and severity of the violation(s).

(2) The violator's ability to pay.

(3) The willfulness of the violator's misconduct.

(4) Whether the violator took measures to avoid or mitigate violations of this chapter.

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

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

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

(g) Compliance Deadline Extension Considerations. The county may extend the compliance deadlines set forth in a notice of violation issued in accordance with Section 8.72A.140 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 county is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

(h) 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 county's procedures in the county's codes for appeals of administrative citations. Evidence may be presented at the hearing. The county will appoint a hearing officer who shall conduct the hearing and issue a final written order.

(i) Education Period for Noncompliance. Beginning January 1, 2022, and through December 31, 2023, county will conduct inspections, remote monitoring, (if adopted), route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if county 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 to the entity describing its obligations under this ordinance [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.

(j) Civil Penalties for Noncompliance. Beginning January 1, 2024, if the county 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 ordinance [chapter], it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to Section 8.72A.140, as needed.

(Ord. No. 1577, § 2, 4-12-22)