Jackson Municipal Code Ch. 8.04 Solid Waste and Recyclable Collection

Note: Prior ordinance history: Ord. Nos. 442, 406, 358, 288, 249 and 221.

The city council finds and declares:

A. The accumulation of solid waste within the city is unhealthy and unsanitary.

B. A continuing program of consistent solid waste collection and disposal is necessary for the public health, safety and welfare, and the city council has the sole and exclusive control and enforcement authority for said program.

C. The benefit derived by each residence and business establishment from routine solid waste collection requires only those contractors who have entered into a franchise agreement with the city shall be permitted to perform solid waste collection services within the city. At the expiration of the term of any franchise agreement (including any extended term, if so authorized in a franchise agreement), the city council shall authorize and undertake a competitive bidding process prior to awarding any exclusive franchise for any succeeding terms.

(Ord. 479, 1983; Ord. 560 §2, 1993; Ord. 722 §1, 2022)

Sections 8.04.010 through 8.04.130 are known and may be cited as the "city solid waste and recyclables collection ordinance." The following words and phrases, when used in Sections 8.04.010 through 8.04.130, shall for the purposes of Sections 8.04.010 through 8.04.130, have the meanings respectively ascribed to them by this section:

"Act"

means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.), as it may be amended from time to time.

"California Code of Regulations" or "CCR"

means the California Code of Regulations.

"CALRecycle"

means the California Department of Resources Recycling and Recovery.

"City"

means the City of Jackson, California.

"City council"

means the city council of Jackson, California.

"Collection"

means the act of collecting solid waste at the place of waste generation by an approved collection agent and is distinguished from "removal."

"Collection vehicle or equipment"

includes any vehicle or equipment used in the collection of residential refuse or commercial solid waste.

"Collector"

means a person, persons, local agency, firm, corporation, or other entity contracted, franchised, authorized, permitted, or licensed by the city to make arrangements with generators for the collection of solid waste, recyclable material, and organic waste, within the city.

"Composting"

includes a controlled microbial degradation of organic wastes yielding a safe and nuisance free product.

"Community composting"

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

"Compliance review"

means a review of records by the city to determine compliance with this chapter.

"Container"

means any receptacle used for collecting solid waste, recyclable materials, and organic waste for removal by an authorized collector.

"County"

means the county of Amador, California.

"Dwelling"

means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except "dwelling" does not include hospitals, hotels, motels, nursing homes or convalescent centers.

"Edible food"

means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). Edible food is not solid waste if it is recovered and not discarded.

"Enforcement action"

means an action of the city to address noncompliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"Enforcement agency"

means the city director, city manager, county administrative official, chief operating officer, executive director, public works director or other executive in charge or their authorized designees who is/are partially or wholly responsible for enforcing this chapter.

"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:

A food bank as defined in Section 113783 of the Health and Safety Code;

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

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

"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).

"Garbage"

includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of foodstuffs.

"Generator"

means any person or other entity who is responsible for the initial creation of solid waste.

"Grocery store"

means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

"Hazardous waste"

means any waste, substance, or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9601 et seq., the California Health and Safety Code and all future amendments, or as defined by the California Integrated Waste Management Board, or its successor, and any consumer product with the characteristics of a hazardous substance. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous waste" shall be construed to have the broader, more encompassing definition.

"Health officer"

includes the health officer or other agent of the health department of county and shall include duly authorized personnel of the State Department of Health Services in the enforcement of applicable state law, city ordinance, or state or county rule or regulation in aid thereof.

"Inspection"

means a site visit where the city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

"Large event"

means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

"Large venue"

means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. 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. 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.

"Litter"

includes any post-consumer solid waste which is not deposited in:

An authorized solid waste disposal site;

Appropriate and serviced storage containers; or

In other areas designated for disposal of solid wastes.

"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).

"Notice of violation" or "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.

"Nuisance"

includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property and affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of annoyance or damage inflicted upon the individual may be unequal, and which occurs as a result of the storage, removal, transport, processing, or disposal of solid waste.

"Organics," "organic waste," and "organic material"

means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food waste, green waste, non-hazardous wood waste, and unwaxed, food-soiled paper.

"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).

"Person"

includes an individual, firm, association, copartnership, political subdivision, governmental agency, municipality, industry, public or private corporation or any other entity whatsoever.

"Place" or "premises"

means every dwelling house; dwelling unit; apartment house or multiple dwelling building; trailer or mobile home park; store; restaurant; rooming house; hotel; motel; office building; department store; manufacturing, processing, or assembling shop or plant; and every place or premises where any person resides, or any business is carried on or conducted within the city or any other site upon which solid waste is produced or accumulates.

"Putrescibles"

includes wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and include materials such as food wastes, offal, and dead animals.

"Recovered organic waste products"

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

"Recovery"

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

"Recyclable material"

means solid waste subject to recycling, such as newspapers, cleansed bottles, cleansed bimetal and aluminum cans and foil.

"Recycling"

means the process by which salvaged materials become usable products.

"Refuse"

includes garbage and rubbish.

"Removal"

means the act of taking solid wastes from the place of waste generation either by an approved collection agent or by a person in control of the premises.

"Residential"

means any residential dwelling or apartment house.

"Resource recovery"

means the reclamation or salvage of wastes for reuse, conversion to energy or recycling.

"Rubbish"

includes non-putrescible solid wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber byproducts or litter.

"SB 1383"

means Senate Bill 1383 (Chapter 395, Statutes of 2016).

"SB 1383 regulations"

means 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.

"Scavenging"

means the uncontrolled or unauthorized removal of solid waste materials.

"Self-hauler"

means a generator, who hauls his or her own solid waste, organic waste, or recyclable materials 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-hauling is the process of 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).

"Solid waste contractor"

means a solid waste hauler franchised by contract with the city council to provide for the collection and disposal of all solid waste and refuse for all residence and business establishments who choose not to perform this duty for themselves.

"Solid waste"

includes all putrescible and non-putrescible solid and semisolid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition, and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes and other discarded solid and semisolid wastes, and also includes liquid wastes disposed of in conjunction with solid waste disposal sites; but excludes:

Raw sewage collected and treated in a municipal or regional sewerage system; or

Materials or substances having commercial value which have been salvaged for refuse, recycling, or resale.

"State"

means the state of California.

"Supermarket"

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

"Tier one commercial edible food generator"

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

Supermarket.

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

Food service provider.

Food distributor.

Wholesale food vendor.

"Tier two commercial edible food generator"

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

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

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

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

Large venue.

Large event.

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

Local education agency facility with an on-site food facility.

"Vector"

includes any insect or other arthropod, rodent or other animal capable of transmitting the causative agents of human disease or disrupting the normal enjoyment of life by adversely affecting the public health and wellbeing.

"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. 479, 1983; Ord. 722 §1, 2022)

A. The city council may provide for solid waste collection and disposal by the granting of an exclusive or nonexclusive franchise for such purpose, subject to the terms and conditions which achieve the following objectives and purposes:

1. To provide the most consistent and responsible level of customer service without interruption or cause of action for customer complaints;

2. To offer and maintain the lowest and most cost-effective rates for minimum customer service.

B. Only those contractors who have entered into a franchise agreement with the city shall be permitted to perform solid waste collection services within the city. At the expiration of the term of any franchise agreement (including any extended term, if so authorized in a franchise agreement), the city council shall authorize and undertake a competitive bidding process prior to awarding any exclusive franchise for any succeeding terms.

(Ord. 479, 1983; Ord. 560 §2, 1993; Ord. 722 §1, 2022)

It is unlawful for any person, enterprise, or solid waste contractor to deposit, store, collect, dispose of, or fail to collect or dispose of solid waste within the city, except as provided in this chapter.

(Ord. 479, 1983; Ord. 722 §1, 2022)

A. The owner, operator and/or occupant of any premises, business establishment, industry or other property, vacant or occupied, shall be responsible for the safe and sanitary storage of all solid waste accumulated on the property.

1. To provide the most consistent and responsible level of customer service without interruption or cause of action for customer complaints;

2. To offer and maintain the lowest and most cost-effective rates for minimum customer service.

B. In all cases in which garbage and rubbish are combined, the standards for garbage shall prevail. The property owner or occupant shall store solid waste on his or her premises or property and shall require it to be stored or handled in such a manner so as not to promote the propagation, harborage, or attraction of vectors, or the creation of nuisances.

C. The design of any new or expanded building or other facility shall provide for proper storage or handling which will accommodate the anticipated solid waste generation, and which will allow for efficient and safe waste removal or collection. Such provision shall be a condition to the issuance of a building permit, and to the issuance of a use permit, when required, and determination of the adequacy by the city, unless otherwise exempted by planning officer.

D. Where the solid waste contractor furnishes storage containers, he or she is responsible for maintaining the containers in good clean condition (ordinary wear and tear expected). The solid waste contractor shall plan with the property owner and/or occupant as to placement of storage containers to minimize traffic, aesthetic, and other problems both on the property and for the general public to the satisfaction of the city pursuant to this chapter. Dumpsters containing wet garbage shall be cleaned and kept free from putrescible residue after each dump, pursuant to Health and Safety Sections 17315 and 17341.

E. Containers. Every property owner, tenant, lessee or occupant of any private dwelling house or premises, and every business or other person having refuse in the city, shall deposit all garbage, putrescible matter, mixed garbage, and rubbish in containers which are nonabsorbent, watertight, vector-resistant, durable, easily cleanable, designed for safe handling, and which are designed for the containment of refuse.

1. Residences shall have metal or plastic containers not greater than thirty-two gallons in capacity with a filled weight not exceeding sixty pounds.

2. Business establishments shall have metal or plastic containers of the type specified for residential use in a number, not to exceed six, or metal bins or roll-off containers (debris boxes) of a type approved by the city. The city may require that a bin, roll-off, or other type of container be used (even though the number of cans which would otherwise be used is not over six), whenever necessary to prevent an unhealthy or unsightly condition.

F. No person shall tamper with, modify, add to, remove from, or deposit solid wastes in any container which is not provided for his or her use without the express permission of the container's owner. Violation of this section shall constitute a misdemeanor.

(Ord. 479, 1983; Ord. 722 §1, 2022)

A. Except as otherwise provided in this chapter, all solid waste shall be collected and disposed of not less than once each week.

B. Where a business establishment has a bin or roll-off container which, because of the amount and type of solid waste generated, does not require weekly service, the bin or roll-off container may be presented for collection on any reasonable periodic basis approved by the city, providing the same does not contain putrescible waste.

C. All food establishments shall provide for solid waste collection not less than twice weekly.

D. Where necessary to prevent an unsanitary or unsightly condition, the city may require that a resident or business establishment provide for solid waste collection more often than once per week.

E. If any person or business does not use the solid waste contractor's service, he or she must maintain his or her property and provide for removal and disposal in the same manner as though he or she subscribed to the service.

(Ord. 479, 1983; Ord. 722 §1, 2022)

A. All equipment of the solid waste contractor used for collection and transportation of residential and commercial refuse shall be nonabsorbent, watertight, vector-resistant, easily cleanable, and designed for safe handling. The equipment shall be maintained in excellent mechanical condition, supported by the submittal of quarterly vehicle inspection reports. The equipment shall also be cleaned in a frequency and in a manner determined by city to prevent the propagation or attraction of flies, rodents, or other vectors, as well as the creation of nuisances, and shall not be stored or parked on public streets.

B. All equipment and vehicles used for the collection and transportation of refuse, whether owned and operated by the solid waste contractor or a private person providing his or her own service, shall be subject to and made available for city inspection at any time upon city request.

C. Notwithstanding other provisions in this chapter, all solid wastes which are subject to collection and transport by the solid waste contractor shall become the property of the city solely for purposes of beneficial use in possible resource recovery by the city, after such time as the solid waste contractor takes possession thereof.

(Ord. 479, 1983; Ord. 722 §1, 2022)

A. Scavenging. Scavenging as defined in Section 8.04.010 is prohibited on any premises, public or private.

B. Rules and Regulations. Unless otherwise stipulated in this chapter, the health officer is authorized to make all necessary and reasonable rules and regulations covering refuse accumulation, collection, transportation, disposal, types of refuse containers and vehicles used for collection, and for the operation and maintenance of sanitary methods of refuse disposal. All such rules and regulations shall be consistent with the provisions of Sections 8.04.010 through 8.04.070 and all resolutions and policies of the city council.

C. Violation—Penalty. A violation of provisions of Sections 8.04.010 through 8.04.070 constitutes a misdemeanor, and upon conviction thereof is punishable by imprisonment in the County Jail not exceeding six months, or by fine not exceeding five hundred dollars, or by both such imprisonment and fine.

D. Enforcement. The city director is designated as the enforcement agency for provisions of Sections 8.04.010 through 8.04.070 and is authorized to provide for necessary inspections and to otherwise enforce the provisions of this chapter.

E. Abatement Proceedings—Option to Revoke Franchise. Violations of the provisions of this chapter constitute:

1. A Public Nuisance. If any person, business, or the solid waste contractor allows the accumulation, collection, transport, or disposal of solid waste in violation of this chapter and/or in any manner which creates a condition inimical to the public health, safety, and welfare, a public nuisance is deemed to have occurred. The city director and/or the health officer shall immediately commence all appropriate actions for the abatement, removal, and enjoinment of the nuisance and the conditions or activities creating it, and the city director shall deliver written notice of the nuisance with a request to immediately correct, together with a demand for payment of a penalty of three hundred dollars for each occurrence, if the violator is the franchised waste hauler, or prosecution for misdemeanor, if the violator is a private individual. Upon the occurrences of three or more separate occurrences of a public nuisance by the solid waste contractor within a six-month period, the city council shall have the right to automatically revoke and terminate the franchise solid waste contract.

2. Customer Complaint Procedure—Infraction and Penalty. Any customer or subscriber of the solid waste contractor's service who is dissatisfied with or has a complaint regarding such service which may constitute a violation of the franchise contract or this chapter, shall bring his or her complaint to the immediate attention of the city director. The city director shall cause an investigation of the complaint and may institute any reasonable sanctions he or she deems appropriate against the waste contractor upon finding an actual failure or violation. Such sanctions or fines shall not exceed the following:

a. "Warning" to solid waste contractor, giving notice of infraction or violation, and demand to correct. Three warnings in six months shall result in the levy of a penalty of three hundred dollars for each violation thereafter.

b. "Penalty" demanding payment of a fine of three hundred dollars for three or more warnings or a material violation which constitutes a public nuisance as defined in this section.

3. Material Breach. Upon the occurrence of any public nuisances or other violations which result in the imposition of three or more penalties against the solid waste contractor within one year, or upon any material breach or default of the franchise contract by the solid waste contractor, the city director shall give the solid waste contractor written notice of such breach or default and of the city council's right to immediately terminate the contract and revoke the grant of the franchise privilege to the solid waste contractor within thirty days thereof. In such event, the city shall provide for the solid waste collection by any means available to it, including utilization of the defaulting contractor's equipment and/or contracting with another solid waste hauler; and any and all costs incurred by the city in so doing shall be paid by the defaulting solid waste contractor.

(Ord. 479, 1983; Ord. 722 §1, 2022)

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

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

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

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

2. Allow the city's designated enforcement entity or designated third party enforcement entity to access the premises and to review records pursuant to 14 CCR Section 18991.4.

3. 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 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:

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

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

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

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

d. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557, Chapter 557, Statutes of 2017.

(Ord. 722 §1, 2022)

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.

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

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators via a contract or written agreement established under 14 CCR §18991.3(b) shall maintain the following records, or as otherwise specified by 14 CCR §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 collected form each commercial edible food generator per month.

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

C. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall, no later than March 1, July 1, and September 1 of each calendar year, report to the city in which they are located the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators with which they have established a contract or written agreement pursuant to 14 CCR Section 18991.3(b).

D. Food Recovery Capacity Planning. In order to support edible food recovery capacity planning assessments and other studies, food recovery services and food recovery organizations operating in the city shall, upon request, provide information and consultation to the city regarding existing or proposed new or expanded food recovery capacity that could be accessed by the city and its commercial edible food generators.

(Ord. 722 §1, 2022)

A. Requirements for facility operators and community composting operations.

1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon the city's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond in writing within sixty days.

2. Community composting operators, upon the city's request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste handled or anticipated to be handled at the community composting operating. Entities contacted by the city shall respond in writing within sixty days.

(Ord. 722 §1, 2022)

A. City representatives and/or its designated entity, including designees, are authorized to conduct inspections an investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facilities for materials collected from generators, or source separated materials, to confirm compliance with this chapter by commercial edible food generators, haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection.

B. The regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement described herein. Failure to provide or arrange for: (1) access to an entity's premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.04.130.

C. Any records obtained by the city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6520 et seq.

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

E. Regulated entities shall relay to the city director all written complaints they receive concerning act or omissions of themselves or another entity that is potentially noncompliant with SB 1383 regulations, including anonymous written complaints.

(Ord. 722 §1, 2022)

A. Violation of any provision of Sections 8.04.090 through 8.04.120 shall constitute grounds for issuance of a notice of violation and assessment of a fine by an enforcement agency. Enforcement actions under this chapter include issuance of an administrative citation and assessment of a fine. The procedures set forth in Chapter 1.22 of Title 1 of the Jackson Municipal Code shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce Sections 8.04.090 through 8.04.120 and any rule or regulation adopted pursuant to these sections, except as otherwise indicated in this chapter.

B. City may seek all other remedies allowed by law, including civil action or prosecution for an alleged misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.

C. Penalty amounts for types of violations of Sections 8.04.090 through 8.04.120 are as set forth in Section 1.22.070.

D. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Sections 1.22.010 to 1.22.150.

E. Education Period for Noncompliance. Beginning January 1, 2022 and through December 31, 2023, the city will conduct inspections, route reviews, waste evaluations, and compliance reviews, depending on the type of regulated entity, to determine compliance, and if the city determines that self-hauler, hauler, tier one commercial edible food generator, tier two commercial edible food generator, food recovery service, food recovery organization, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required as of January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

F. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city determines that a self-hauler, hauler, tier one commercial edible food generator, tier two commercial edible food generator, food recovery service, food recovery organization, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this chapter.

G. This chapter shall be interpreted to be consistent with the city's regulatory authority and shall only apply to local education agencies and other entities to the extent permitted by law, including SB 1383 regulations.

(Ord. 722 §1, 2022)