Chapter 8.12 — COLLECTION, RECYCLING AND DISPOSAL OF SOLID WASTE3

It is the intent of the ordinance codified in this chapter to amend Chapter 8.12 of the city of Kerman Municipal Code relating to the collection of solid waste and sources separation of recyclables in the city of Kerman. This chapter will establish requirements for recycling to meet Assembly Bill 939 under the California Integrated Waste Management Board. It is the purpose of the city of Kerman to benefit, protect and ensure public health, safety and welfare of its residents through this solid waste chapter. It shall be unlawful for any person to dispose of solid waste in a manner inconsistent with this chapter. (Ord. 08-02 § 1(part), 2008)

A. "AB 939" means the California Integrated Waste Management Act of 1989 (Division 30, California Public Resource Code), as amended, supplemented, superseded, and replaced from time to time.

B. "Bin" means a one-yard, one-and-one-half-yard, two-yard, three-yard, four-yard, and six- yard metal container for the collection of solid waste or single-stream recycling.

C. "Bottles" includes containers that hold beverages or food which have necks which are narrower than the rest of the container. It does not include those containers, such as tubs, which have a mouth that is wider than the rest of the container.

D. "Bulky items" means all discarded household waste matter that is too large to be placed in a container, including, but not limited to, large household appliances, appliances containing chlorofluorocarbons, furniture, carpets, mattresses, and similar large items that require special handling due to their size, and which typically will be deposited by customers during community clean-up events. Bulky items placed by customers for collection shall not include excluded waste or household hazardous waste.

E. "Cardboard" includes material primarily used for boxes with a corrugated inner layer.

F. "Container" means wheeled plastic ninety-six-gallon containers provided by the hauler for collection of solid waste, including single-stream recyclables, and green waste material.

G. "Commercial customer" means any person or property owner of a business enterprise or commercial building receiving collection service.

H. "Community clean-up event" means the collection event services provided to residential customers with respect to bulky items and similar or related types of solid waste (which shall not include any hazardous waste items), as distinguished from those collection materials gathered by the franchise hauler.

I. "Collection" (and "collection services," "collect," "collected," and "collecting") means collection by a designated contractor of solid waste, including recyclable materials and

3. For statutory provisions authorizing cities to contract for garbage and rubbish disposal, see Health and Saf. Code § 4250; for provisions on state regulation of solid waste disposal, see Gov. Code § 66700 et seq.Prior legislation: Prior code §§ 8-101 — 8-1011; Ords. 216, 91-21, 94-08, 96-12 and 06-05.

green waste, and its transportation to a disposal or transfer facility, green waste processing facility, or a recycling facility.

J. "Construction and demolition debris (C&D)" means the debris from used construction materials, dredging, grubbing, and rubble resulting from constructing, remodeling, repair, razing, renovation, demolition, excavation or construction clean-up activities at residential, commercial or governmental buildings, and any other structure or pavement.

K. "Customer" means the person or entities receiving collection services.

L. "Dispose" means to dump, deposit, discharge, or unload solid waste either at the location it was generated or at another location, not including temporary storage at the place it was generated.

M. "Dwelling" means a residence, flat, apartment, live-well unit, or other facility, which meets the applicable city codes for residential living. "Dwelling" does not include a hotel or motel.

N. "Electronic waste (e-waste)" means consumer and business electronic equipment that is near or at the end of its useful life. Televisions, computer monitors, LCD desktop monitors, laptop computers with LCD displays, LCD televisions, plasma televisions, portable DVD players with LCD screens, printers, VCRs, cell phones, telephones, radios, and some microwave ovens.

O. "Universal waste" means hazardous waste generated by a wide variety of people that contains mercury, lead, cadmium, copper, or other substances hazardous to human and environmental health. Universal waste includes: batteries AAA, AA, C, D, button cell, 9-volt, and all others, both rechargeable and single use, cell phones, computers and computer monitors, electronic devices, fluorescent lamps, mercury waste like thermometers and toys, nonempty aerosol cans, and televisions.

P. Excluded Waste. All of the following types of waste materials are not to be placed in the refuse, recycling, or green waste container, bin, or container, unless instructed by the hauler:

1. Hazardous waste;

2. Medical and infectious waste;

3. Volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or
material;

4. Household hazardous waste;

5. Waste that the designated contractor reasonably believes would, as a result of or
upon disposal, be a violation of federal, state, or local law, regulation or ordinance,
including land use restrictions or conditions;

6. Waste that in the designated contractor’s reasonable opinion would present a
significant risk to human health or the environment, cause a nuisance or otherwise
create or expose the franchise hauler or the city to potential liability;

7. Special waste (e-waste and universal waste).

Q. "Franchise hauler" shall mean the hauler that is contracted with the city by a franchise agreement to collect solid waste, recyclables, green waste, electronic waste, and construction and demolition materials.

R. "Green waste" means biodegradable materials including branches (less than three inches in diameter), brush, cut flowers, dead plants, grass clippings, house plants, leaves, prunings, shrubs, weeds, wood (uncoated and untreated), wood chips, yard trimmings, Christmas trees (placed in containers/bins); provided, that larger trees such as tree stumps and intact dead trees are considered bulky items for the purposes of this chapter. Green waste shall not include any excluded waste.

S. "Hazardous waste" shall have the meaning set forth in California Code of Regulations, Title 14, Division 7, Chapter 3, Article 4, (most notably Section 17225.32) and Health and Safety Code Section 25117, or in the Comprehensive Environmental Responsibility Compensation and Liability Act (42 USC Section 9601, et seq., commonly known as CERCLA), or in their successor laws and regulations as may be amended from time to time, whichever definition is determined by the city as more inclusive.

T. "Household hazardous waste" shall have the meaning set forth in California Code of Regulations, Title 14, Division 7, Chapter 7, Article 1.1, Section 18502 or successor laws and/or regulations, as such provisions may be amended from time to time.

U. "Illegal dumping" shall mean the disposal of waste in a non-permitted area, such as a back area of a yard, a stream bank, or some other off-road area. "Illegal dumping" shall also mean the pouring of liquid wastes or disposing of trash down storm drains or dumping waste in a container or bin where waste did not originate.

V. "Recyclable material" or "recyclables" means materials that have been separated from solid waste stream prior to disposal and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace, and that are not landfilled. The following list is the acceptable recyclable materials to be placed in the recycling container: aluminum, glass bottles and jars, plastic beverage bottles, tin and bi-metal cans, corrugated cardboard, and paper.

W. "Recycle," "recycled," "recycling" means the collection, sorting, cleansing, treating, and reconstituting of recyclable materials that would otherwise be disposed of, and returning them to the economy in the form of raw reconstituted products. The collection, transportation, or disposal of solid waste not intended for, or capable of, reuse is not recycling within the meaning of this chapter.

X. "Self-haul" or "self-hauling" means any individual may transport and dispose of solid waste, recyclable materials, or green waste, consistent with applicable city and the exclusive private hauler requirements, generated within the city limits by the household of that individual. For a commercial customer, self-hauling means performance of its disposal services by an individual listed on its payroll as an employee, but not as an agent.

Y. "Special waste" includes any materials that, under current or future statute, ordinance or regulation, require the application of special treatment, handling, or disposal practices beyond those normally required for solid waste. As defined for purposes of this chapter, "special waste" shall be deemed to include, without limitation, all of the following: flammable waste; liquid waste transported in a bulk tanker; sewage sludge; pollution

control process waste; residue and debris from cleanup of a spill or release of chemical substances; contaminated soil, waste, reclamation, recycling, or disposal of any other special waste; dead animals; manure; wastewater; explosive substances; radioactive substances; fluorescent tubes; electronic waste; construction and demolition debris; and abandoned or discarded automobiles, trucks, motorcycles or parts thereof, including tires.

Z. "Solid waste" or "waste" means all putrescible and nonputrescible solid, semi-solid, and liquid waste, including garbage, trash, refuse, paper, rubbish, ashes, industrial waste, demolition and construction waste, 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 waste, and other discarded solid and semi-solid waste. Solid waste does not include hazardous waste or radioactive waste. Solid waste does not include recyclable materials set out for separate collection for the purposes of recycling, and that are not landfilled.

AA. "Hauler" shall mean the city’s contracted exclusive franchised hauler responsible to collect solid waste, recyclables, green waste, and construction and demolition material within the city limits and to transport material to the appropriate facility. (Ord. 08-02 § 1(part), 2008)

The following methods will be used to meet the needs of the customers of the city for the collection and disposal of solid waste, recyclables, green waste, electronic waste, and construction and demolition material.

A. The city will use the franchise hauler to collect and transport solid waste, recyclables, green waste, and construction and demolition material from all single-family, multifamily, commercial, and industrial premises within the city limits.

B. The city’s franchise hauler shall be the only hauler permitted to remove solid waste, recyclables, green waste and construction and demolition material from single-family residences, multifamily residences and commercial and industrial businesses within the city limits, except that a person may self-haul.

C. Each residential customer will receive a ninety-six-gallon container for green waste material, a ninety-six-gallon container for recyclables, and a ninety-six-gallon container for trash from Mid Valley Disposal.

D. Customers with a permit to build or deconstruct a building structure within the city limits shall receive bins from the franchise hauler for separation of material.

E. Community clean-up events for collection of bulky material will be provided for city residents. (Ord. 08-02 § 1(part), 2008)

The owner and occupant of any premises, business establishment, or industry are responsible for complying with the city’s bin enclosure guidelines. The applicant for any development activity subject to this code shall include the location and design of all existing and proposed recycling and trash enclosures, and the design of site access points for solid waste and recycling collection

vehicles in its plans.

A. Development Activity Other Than Duplexes, Triplexes, Fourplexes. For development activity other than duplexes, triplexes and fourplexes, the site plan shall provide for one or more double enclosures. If a trash compactor is proposed for use, the design and manufacturer’s detail drawings shall be submitted with the site plan submittal.

B. Trash and Recycling Containers. Trash and recycling containers shall be shown on the site plan at grade. Adequate capacity shall be provided for trash and recycling bins or containers.

C. Trash and Recycling Enclosure Accessibility. Trash and recycling enclosures shall be accessible to solid waste collection vehicles. Location and access shall, to the extent reasonably possible, be designed to minimize potential injury to employees or the public and damage to property from collection vehicles. The plan shall include designs for solid waste truck turnaround movements, showing access and turnaround areas, and "keep clear" areas, for solid waste collection vehicles. (Ord. 08-02 § 1(part), 2008)

A. Existing Recycling and Trash Bin Enclosure. If the development activity is a tenant improvement for a site, not requiring significant site improvements, that has an existing trash enclosure, then the required recycling containers for the facility shall be located inside the trash enclosure. If it is not possible to locate the required recycling bins in the trash enclosure, based on the municipal utilities director’s estimate of required volume, then recycling bins shall be located adjacent to the existing trash enclosure. Any proposed modifications to the existing trash enclosure shall comply with the requirements listed in Section 8.12.030 of this chapter.

B. No Existing Recycling and Trash Bin Enclosure. If the development activity does not have an existing trash enclosure, the development may be required to install a trash enclosure that will meet the requirements of Section 8.12.030 of this chapter. If it is determined by the municipal utilities director that there is insufficient space to construct a trash and recycling enclosure, the required recycling receptacle shall be located adjacent to the existing trash bins. Any proposed recycling and trash enclosure shall comply with the requirements listed in Section 8.12.030 of this chapter. The municipal utilities director shall have the authority to grant exceptions to the requirements under Section 8.12.030 of this chapter based on space and access considerations.

C. Waiver of Parking Requirement. In order to meet the required recycling volume requirement for the size of the facility, the planning commission and/or city council may grant a waiver to reduce required parking through approval of variance. The municipal utilities director and the community development director shall have the authority to grant the use of parking spaces for the location of recycling receptacles, provided the enclosure or receptacles meet the design specifications in Section 8.12.030 of this chapter and the reduction in parking spaces does not violate the minimum parking requirements for the development. (Ord. 08-02 § 1(part), 2008)

A. Introduction. To comply with state law and the city’s policy objectives of conservation of resources, any issuance of a building or deconstruction permit for a project within the city limits shall require compliance with recycling guidelines provided by the planning department and the provisions of this chapter. The franchise hauler shall provide bin service and shall transport the C&D debris to landfill or other appropriate destination, unless exempt from this chapter. All projects that require a permit to build or deconstruct are required to separate material and divert a minimum of fifty percent of recyclables and seventy-five percent of inert materials going to a landfill.

B. Definitions. As used in this section, and unless the context clearly requires a different meaning, the following words and phrases shall be defined as follows:

"Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake construction, remodeling or demolition project within the city.

"Application fee" means a nonrefundable fee submitted by the applicant to the city to cover costs associated with this chapter.

"Completion" means the earliest of the following dates: the date a temporary certificate of occupancy is issued by the city for a project, the date a certificate of occupancy is issued by the city for a project, or the date the final city inspection approving the project is completed.

"Compliance official" means the person designated by the city manager who is authorized and responsible for implementing this chapter.

"Construction" means the building, rehabilitation, remodeling, renovation or repair of any structure or any portion thereof including any tenant improvements to an existing structure.

"Construction and demolition (C&D) debris" means material, other than hazardous waste, radioactive waste, or medical waste, that is generated by or results from construction or demolition-related activities including, but not limited to, construction, deconstruction, demolition, excavation, land clearing, landscaping, reconstruction, remodeling, renovation, repair, and site clean-up. C&D debris includes, but is not limited to, glass, asphalt, concrete, brick, lumber, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe, steel, rock, soil, gravel, tree stumps, and other vegetative matter from the construction or destruction of a structure, a part of a construction or demolition project or from the renovation of a structure and/or landscaping.

"Conversion factor/conversion rate" means the rate set forth in the standardized conversion rate table approved by the city pursuant to this chapter for use in estimating the volume or weight of materials identified in the waste management plan.

"Covered project" means every construction, demolition or renovation project within the city of Kerman for which the total construction valuation thereof is equal or greater than one hundred thousand dollars, or which involves the demolition of a building or structure of one thousand square feet or more shall be considered a covered project and shall comply with the diversion requirement and with the other requirements of this chapter. For the purposes of determining whether a project meets the foregoing thresholds for a covered project, all phases of the project and all related projects taking place on a single or adjoining parcel shall be deemed a single project.

"Deconstruction" means the careful and systematic dismantling of buildings and structures in order to salvage materials for diversion.

"Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, (wall, fence) whether in whole or in part, whether interior or exterior.

"Diversion requirement" means the diversion of a minimum of fifty percent of the total construction and demolition debris generated by a project and diversion of a minimum seventy-five percent of inert material.

"Divert/diversion" means the reuse of construction and demolition debris to avoid disposal in a landfill.

"Hearing officer" means the city staff designated by the city manager to whom appeals can be made under this chapter.

"Noncovered projects" means projects that do not require a waste reduction and recycling plan ("WRRP"). Applicants for noncovered projects shall be encouraged to divert at least fifty percent of all project-related C&D debris.

"Paving" means driveways, walkways, parking areas, streets and sidewalks.

"Permit" means any building or demolition permit issued by the city of Kerman building division of the planning and development services department.

"Project" means a demolition or construction activity for which a city permit is required, and, in the case of associated activities such as a housing development consisting of numerous single family homes, an apartment complex consisting of several detached buildings, or a commercial development consisting of several detached buildings, the "overall project" shall be defined as the entire development for purposes of determining exemption or nonexemption from the waste reduction requirement of this chapter.

"Recycling/recyclables/reuse" means the process of collecting, sorting, cleansing, treating, and reconstituting construction and demolition debris that would otherwise be disposed of in a landfill for use as raw material for new, reused, or reconstituted products which meet industry standards.

"Renovation/remodeling" means any change, addition or modification in an existing structure.

"Salvage" means the recovering of C&D debris from a building or demolition site for the purpose of recycling, reuse, or proper storage for future recycling or reuse.

"Security deposit" means cash, certified or cashier’s check or other security in a form approved by the compliance official.

"Source separated" means recyclables that have been segregated from solid waste by or for the generator thereof on the premises at which they were generated for handling different from that of solid waste.

"Structure" means anything constructed or erected that requires a location in the ground, including a building or swimming pool, but not including a fence or wall used as a fence, or driveways, or walkways.

"Waste reduction and recycling plan (WRRP)" means a completed city-provided form submitted by the permit applicant before the issuance of a building and/or demolition permit, and approved by the compliance official as demonstrating a plan for compliance with this chapter.

"Waste reduction and recycling summary report (WRRSR)" means a completed city- provided form submitted quarterly and after demolition or construction, as a precedent to final inspection and issuance of any certificate of occupancy, approved by the compliance official for the purpose of compliance with this chapter.

C. Application Fee. As a part of any application for, and prior to the issuance of, any building or demolition permit that involves the creation of construction and demolition debris, every applicant for covered projects, unless exempt, shall pay to the city a cash fee sufficient to compensate the city for expenses incurred in reviewing the waste reduction and recycling plan and administering activities governed by this chapter. The amount of the fee shall be one hundred fifty dollars and future fee adjustments shall be set forth in a resolution of the city council.

D. Security Deposit. As a condition precedent to the issuance of any permit for construction or demolition for a covered project, the applicant shall remit a deposit in the form of cash or cash equivalent such as cashier’s check or credit card payment to the city in amount of twenty-five cents for each square foot of construction or demolition, but not less than two hundred fifty dollars and not to exceed five thousand dollars. The deposit shall be returned, without interest, in total or prorated, upon proof of satisfaction by the compliance official that no less than the required percentage of construction and demolition waste tonnage generated by the covered project has been diverted from disposal and has been recycled or reused or stored for later reuse or recycling. If a lesser percentage of construction and demolition waste tonnage than required is diverted, a proportionate share of the deposit shall be returned. The deposit shall be forfeited entirely or to the prorated extent that there is a failure to comply with the requirements of this chapter. The city of Kerman may, by formal resolution, modify the amount of the required deposit.

E. Franchised Hauler and C&D Recycling Facility. Applicants may self-haul C&D material; provided, that the applicant can demonstrate to the satisfaction of city that the conditions of this chapter and all reporting requirements will be met. All other applicants shall contract with the city’s franchise hauler for services to collect C&D material from project. All material collected from C&D projects shall be taken to the franchise hauler’s transfer station for processing. All waste must be delivered to the franchise hauler’s transfer station located at 15300 W. Jensen Avenue, Kerman, CA.

F. Designated Recyclables and Reusable Materials. "Designated recyclable and reusable material" means all construction or demolition waste that fits within any of the following categories:

1. Masonry building materials including all products generally used in construction
including but not limited to asphalt, concrete, rock, stone, and brick.

2. Wood materials including any and all dimensional lumber, fencing, or construction
wood that is not chemically treated, creosoted, CCA pressure treated, contaminated,
or painted.

3. Trees, tree parts, shrubs, stumps, logs, brush, or any other type of plants that are not
cleared from a site for construction or other use.

4. Metals including all metal scrap such as, but not limited to, pipes, siding, window
frames, door frames, and fences.

5. Roofing materials including wood shingles as well as asphalt, stone, and slate based roofing material.

   6. "Salvageable materials" includes all salvageable materials and structures including but not limited to wallboard, doors, windows, fixtures, toilets, sinks, bath tubs, and appliances.

   7. Any other construction or demolition debris that is nonhazardous and available for recycling or reuse.

G. Diversion Requirements. Fifty percent of construction recyclables and seventy-five percent of inert materials of demolition debris generated from every applicable construction, remodeling, or demolition project shall be diverted from going to landfills by using recycling, reuse, and diversion programs. Separate calculations and reports will be required for the construction and demolition portions of projects that involve both activities.

H. Project Exemptions. The following projects shall not be subject to the provisions of this section:

1. Immediate or emergency demolition required to protect the public health, safety or
welfare, as determined by any public safety official or code compliance officer of the
city given prior to demolition.

2. Projects in any single-family residential districts, which consist solely of either an
accessory structure or a swimming pool.

3. A project for which an exception, conditional use permit or design review approval
has been obtained from the city prior to the effective date of the ordinance codified in
this section.

4. A project for which a valid building permit has been lawfully issued by the city prior
to the effective date of the ordinance codified in this section.

5. A project contaminated by hazardous substances or waste as defined by state or
federal law.

I. Diversion Requirement Exemptions. Neither a construction and demolition debris waste reduction and recycling plan nor a deposit shall be required for the following:

1. Work for which a building permit is not required under the International Building
Code.

2. Work for which only a plumbing permit, only an electrical or only a mechanical
permit is required.

3. Seismic tie-down projects.

4. The installation or replacement of shelves.

5. Installation of pre-fabricated patio enclosures and covers where no foundation or
other structural building modifications are required.

6. Installation of swimming pools and spas; provided, that the exemption shall apply
only to (a) the area to be excavated for the installation of the pool or spa and (b) the

area for the pad for the pool/spa equipment that does not exceed sixteen square feet, and shall not apply to any related construction or alterations necessary for any other equipment or accessories, nor to any other portion of the project.

7. Installation of pre-fabricated accessories such as signs or antennas where no structural
building modifications are required.

J. Waste Reduction and Recycling Plan Requirements. All applicants for covered projects shall complete and submit a waste reduction and recycling plan as part of the application packet for a permit issued for a covered project. The WRRP shall include the following information, calculated with the conversion rate, and shall be attested by the applicant, under penalty of perjury, as true and correct for all stated facts and as a best estimate based on all information reasonably available about the project, where all of the facts cannot be ascertained:

1. The estimated volume or weight of project waste to be generated by material type;

2. The maximum volume or weight of such materials that can feasibly be diverted via
reuse or recycling by material type;

3. The vendor(s) that the applicant proposes to use to haul the materials;

4. Facility(s) the materials will be hauled to, and their expected diversion rates by
material type; and

5. The estimated volume or weight of construction and demolition waste that will be
disposed.
Because actual material weights are not available in this stage, estimates are used. In
estimating the volume or weight of materials as identified in the WRRP, the applicant shall
use the standardized conversion rates approved by the city of Kerman for this purpose.

K. Review of Waste Reduction and Recycling Plan.

1. Time for Review. A waste reduction and recycling plan shall be approved or denied
no later than five business days after a complete application is made. The approval
may be based on imposed conditions reasonably necessary to meet the standards of
this chapter.

2. Approval. Notwithstanding any other provision of this chapter, no permit shall be
issued for any covered project unless and until the waste reduction and recycling plan
has been approved, based upon the following findings by the waste management plan
compliance official:

a. The applicant has paid the application fee;

b. The applicant has remitted the security deposit;

c. The applicant has completed the WRRP and all of the information required in
this chapter has been provided;

d. The WRRP indicates that fifty percent percent of all construction and/or
demolition waste and seventy-five percent of all inert material generated by the
project shall be diverted (or new diversion goal set in accordance with the
applicant’s approved diversion requirement exemption request); and

e. The plan establishes a mechanism such that the diversion requirements shall be met.

3. Non-Approval. If the compliance official determines that the WRRP is incomplete or
fails to indicate that at least fifty percent percent (or new diversion goal set in
accordance with the applicant’s approved diversion requirement exemption request)
of all construction and/or demolition waste generated by the project will be diverted,
he or she shall either:

a. Return the WRRP to the applicant marked "Denied," including a statement of
reasons, and will notify the building department, which shall then immediately
stop processing the building or demolition permit application; or

b. Return the WRRP to the applicant marked "Incomplete, Further Explanation
Required."
The applicant may resubmit the waste reduction and recycling plan within forty-
five calendar days without forfeiting the application fee. If the waste reduction and
recycling plan is submitted after forty-five calendar days, the original application
fee is forfeited and an additional application fee must be submitted before the waste
reduction and recycling plan can be reviewed and the building or demolition permit
issued.

L. Waste Reduction and Recycling Summary Report. Prior to the final inspection or issuance of a certificate of occupancy, the applicant shall submit a waste reduction and recycling summary report, under penalty of perjury, to the compliance official. The form shall include the following information:

1. The dates demolition and construction actually commenced;

2. The actual volume or weight of construction and demolition debris, listed for each
material;

3. The actual volume or weight of construction and demolition debris that was diverted,
listed for each material;

4. A specification of the method used to determine the volume and weights and a
certification that the method used was the most accurate, commercially reasonable
method available; and

5. Original receipts from all vendors and facilities which collected or received
construction and demolition debris, indicating actual weights and volumes received
by each.

M. Compliance with Diversion Requirements.

1. Inspection Authority. During demolition or construction, the compliance official may inspect project sites to determine compliance with the waste reduction and recycling plan. The applicant, if requested, must supply proof of recycling within five business days. Failure to comply with the waste reduction and recycling plan during construction or demolition may be grounds for issuance of a stop work order and/or issuance of administrative citations. Each day that the applicant fails to comply with the requirements of this section constitutes a separate offense.

2. Proof of Diversion. Recyclables must be diverted from the landfill in order to meet the requirements of this section. Applicants will be required to submit proof of compliance at the end of each project to demonstrate compliance with the project specific waste reduction and recycling plan. The document shall consist of a final completed waste reduction and recycling summary report showing actual data of tonnage of materials recycled and diverted, supported by originals or certified copies of receipts and weight tags or records of measurement from recycling companies, contractors and/or landfill and disposal companies. Receipts and weight tags will be used to verify if material generated from the site has been or is to be recycled, reused, salvaged or otherwise disposed of. The WRRSP are to be submitted at the end of the project as a precedent to final inspection and certificate of occupancy.

   3. Determination of Compliance and Refund of Deposit. The compliance official shall review the end of project waste reduction and recycling summary report within thirty calendar days and determine whether the applicant has complied with the diversion requirement, as follows:

      a. Full Compliance. The compliance official will notify the applicant and planning and development services department if they determine that the diversion requirements have been met. The cash deposit shall be returned, without interest, within thirty calendar days of the compliance determination.

b. Good Faith Effort to Comply. If the compliance official determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this chapter. In making this determination, the compliance official shall consider the availability of markets for the construction debris sent to the land fill, the size of the project, and the documented efforts of the applicant to divert construction debris. The compliance official may authorize a partial refund of the deposit when less than the minimum diversion requirement is met. The partial refund shall not exceed that portion of the deposit that is in the same ratio as the demonstrated amount diverted. The partial refund will be issued within thirty calendar days of the compliance determination.

c. Noncompliance. If the compliance official determines that the applicant has not
made a good faith effort to comply with this section, no refund will be issued.
The deposit shall be forfeited entirely for failure to comply with the
requirements of this section.

N. Thresholds for Covered Projects.

1. Covered Projects (Construction and Renovation). All construction and renovation
projects within the city of Kerman, the total cost of which is projected to be greater
than or equal to one hundred thousand dollars, shall comply with the provisions of
this chapter, shall submit a waste reduction and recycling plan prior to beginning any
construction or renovation activities, and shall be subject to the provisions of this
chapter. Failure to comply with any of the terms of this chapter shall subject the
applicant to the full range of enforcement mechanisms set forth herein.

2. Covered Projects (Demolition). All demolition projects within the city of Kerman,
which are projected to be greater than or equal to one thousand square feet, shall
comply with the provisions of this chapter shall submit a waste reduction and

recycling plan prior to beginning any demolition activities, and shall be subject to the provisions of this chapter. Failure to comply with any terms of this chapter shall subject the applicant to the full range of enforcement mechanisms set forth herein.

3. Noncovered Projects (Construction and Renovation). Applicants for construction and
renovation projects whose total construction valuation is less than one hundred
thousand dollars are not required but shall be encouraged to divert at least fifty
percent of all project material-related construction and demolition waste.

4. Noncovered Projects (Demolition). Applicants for demolition projects within the city of Kerman which are less than one thousand square feet are not required, but shall be encouraged, to divert at least fifty percent of all project-related demolition waste.

   5. City of Kerman sponsored projects (construction and renovation) whose total cost is equal or greater than one hundred thousand dollars shall be considered covered projects for the purposes of this chapter, shall submit a waste reduction and recycling plan prior to the beginning of construction or demolition activities, shall be subject to the provisions of this chapter. City of Kerman sponsored projects whose total costs are less than one hundred thousand dollars shall be considered noncovered projects and are not required to, but shall be encouraged, to divert at least fifty percent of all project-related demolition waste.

   6. City of Kerman sponsored projects (demolition) which are equal to or greater than one thousand square feet shall be considered covered projects for the purpose of this chapter, shall submit a waste reduction and recycling plan prior to beginning any demolition activities, and shall be subject to provisions of this chapter. City of Kerman sponsored projects which are less than one thousand square feet shall be considered noncovered projects and are not required, but shall be encouraged, to divert at least fifty percent of all project-related waste.

O. Forfeiture of Deposit. If the compliance official determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required by this chapter within the required time period, then the deposit shall be forfeited to the city.

P. Fines and Penalties. If the compliance official determines that the applicant is not in substantial compliance with this chapter, or if the applicant fails to submit the documentation required, then the applicant shall pay a penalty of one hundred dollars for the first violation, two hundred dollars for the second violation, and five hundred dollars for each additional violation within one year after the first violation. The foregoing penalties shall be imposed in addition to any other consequence that may arise from such noncompliance.

Q. Appeals. Any person or entity aggrieved by any decision or finding under the provisions of this chapter with respect to approving or to denying a waste management plan or to granting or denying an application for an exception from compliance with this chapter may appeal such decision or finding. An appeal must be filed within five days after receipt of notice of any protested decision or finding by filing with the director of planning and development a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than ten days after receipt of the letter of appeal. Appellant shall be given at least five days’ notice of the time and place of the hearing. A hearing officer, appointed by the city manager, shall give the appellant, and any other interested

party, a reasonable opportunity to be heard, in order to show cause why the decision or finding should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the decision or finding appealed. At the conclusion of the hearing, the hearing officer shall make a final and conclusive determination. (Ord. 08-02 § 1(part), 2008; Ord. 09-03 § 2, 2009)

A. The franchise hauler shall:

1. Operate within the guidelines established by the city ("guidelines"). Such guidelines
shall include, but will not be limited to, standards for equipment and vehicle
maintenance, including removal of graffiti, maintaining proper company
identification with phone number, and maintaining a current valid DMV registration.

2. Ensure that all solid waste vehicle drivers have a valid California driver’s license
appropriate for the vehicle driven; maintain minimum collection frequency for all
solid waste accounts in accordance with local and state requirements; ensure noise is
kept to the minimum necessary to provide collection services to accounts; and ensure
vehicles are appropriately registered by the Department of Motor Vehicles.

3. All vehicles and equipment used in the city by the franchise hauler, including but not
limited to trucks, trailers, or waste containers, must be maintained in good working
order.

4. The franchise hauler shall provide all residential and commercial customers with
appropriate containers to collect garbage, green waste and recyclable material.

5. Franchise hauler shall deliver all recyclables collected to a recycling facility.

(Ord. 08-02 § 1(part), 2008)

The franchise hauler shall screen at the point of collection all loads of solid waste, green waste, recyclables, and C&D, using appropriate means of inspection, to eliminate, where practical, the transportation of known or suspected hazardous waste. Hazardous waste found at the point of collection shall not be collected and the franchise hauler shall immediately notify the generator to not dispose of hazardous waste in solid waste, recycling, green waste, or C&D loads. The franchise hauler will be responsible to provide the generator with education regarding proper disposal for hazardous waste material. (Ord. 08-02 § 1(part), 2008)

The city or franchise hauler is authorized to inspect solid waste, recycling, green waste and C&D containers, bins, or containers. (Ord. 08-02 § 1(part), 2008)

A. Every owner or commercial tenant of any premises within the city where solid waste is

generated and/or accumulated shall accept collection service from the franchise hauler under terms of the franchise agreement between city and franchise hauler.

B. Every owner or commercial tenant shall initiate service within ten days of occupancy of any premises or place within the city where solid waste is generated and/or accumulated. If service is not initiated within this time period, the city of Kerman shall give written notice to the owner that such service is required. If service is not started within ten days of the date of the mailing or delivery of the notice, the city of Kerman may require the franchisee to initiate service.

C. If the city of Kerman or franchise hauler determines that additional solid waste bins/ containers or capacity is necessary, the exclusive private hauler shall provide for such additional service within ten days of the date of the mailing of written notice by the city of Kerman.

D. Residents shall place containers at the curb for pickup before six a.m. on their scheduled collection day. Opening of lid should face the street or alley and lids must be closed and not overfilled.

E. Containers should be removed from the curb within thirty-six hours of being serviced and stored in a location that cannot be viewed from the street. (Ord. 08-02 § 1(part), 2008)

All commercial establishments that utilize cooking oil for cooking or frying of food shall place cooking oil in a watertight container bearing the name of the establishment, having a tight fitting lid, and which, when filled, shall not exceed fifty pounds in weight. All commercial establishments must contract with a liquid waste hauler to collect liquid waste. (Ord. 08-02 § 1(part), 2008)

A. Charges for collection service in the city shall be as established from time to time by contract between the city and the franchise hauler.

B. Said charges shall be paid at the same time and in the same manner as the water and other city utility charges are paid and all applicable rules and regulations governing the collection of water and other city utility charges shall apply in the collection or assessment for the collection of solid waste.

C. If payment of services is delinquent according to the city’s policies and ordinances, water will be shut off.

D. Within ten days after water is shut off, solid waste, recycling, and green waste containers/ bins will be removed from location. A delivery fee will be charged to reinstate services.

E. It shall be the responsibility of the property owners or the legal occupant of any premises to pay for solid waste services. (Ord. 08-02 § 1(part), 2008)

It shall be a violation of this chapter for any residential customer that fails to follow recycling guidelines, and such violation may result in the imposition of fines or penalties as follows:

A. The franchise hauler will mail the customer a warning notice on the first instance of contamination with the recycling, green waste, or solid waste container. The next instance of contamination, the hauler will mail a contamination notice, notifying the customer that they are required to pay a fine.

B. First fine: ten dollars within any twelve-month period.

C. Second fine: twenty-five dollars within any twelve-month period.

D. Third fine: fifty dollars within any twelve-month period.

E. If the customer continues to contaminate containers a fine of fifty dollars will continue to be placed on the customer utility billing account.

F. Customers will be billed for fines on their monthly utility statements. (Ord. 08-02 § 1(part), 2008)

A. No person owning or occupying any premises in the city shall accumulate, or allow to be accumulated, waste materials of any kind; however, this section shall not be construed as interfering with a construction project during the construction period.

B. No person shall dump, place or bury any waste of any kind on any premises or in any public place or right-of-way within the city.

C. No persons or business shall contract for recycling or waste collection which would violate the exclusive provisions of the franchise agreement.

D. No person shall illegally dump solid waste or prohibited material in a green waste container, bin, or container where material did not originate.

E. No other person or contractor shall collect or transport solid waste, recyclables, green waste, or C&D upon or through any street, alley or public place in the city, unless franchised. The following persons shall be exempt from this prohibition:

1. Landscaping and yard maintenance persons who, as a consequence of their business
activity, may generate, transport, and dispose of green waste they generate.

2. Building contractors may self-haul using their company-registered vehicles. No solid
waste bin or container may be used, unless provided by the franchise hauler, for
hauling C&D material from C&D project. Refer to the C&D provisions of this code
for details.

3. Self-haulers.

F. No person shall combine designated, unsoiled recyclables with other solid waste. Failure to source separate designated materials for recycling is a violation of this chapter.

G. Violations of any provisions of this chapter shall be considered an infraction.

(Ord. 08-02 § 1(part), 2008)

All solid waste, recyclables, and green waste to be collected by the hauler shall be deposited for collection in a green waste container, bin, or container provided by the hauler. (Ord. 08-02 § 1(part), 2008)

A. Recyclable material and green waste material each shall be separated by customer from solid waste, and each shall be placed by customer in the designated containers for collection.

B. An owner, landlord or agent of an owner or landlord of a multifamily rental housing property, mobile home park, trailer park or recreational vehicle park with three or more units shall comply with its separation responsibilities by establishing a collection and storage system for separated recyclables at each premises.

C. All inhabited or occupied property within the city must use the franchise hauler designated by the city. (Ord. 08-02 § 1(part), 2008)

All persons within the city of Kerman owning or in control of premises used as occupied residence, place of business, or other building or place where persons reside, congregate or are employed shall subscribe to and thereafter use the weekly scheduled mandatory recycling collection services provided by the franchise hauler. Residential and commercial generators must ensure that mixed recyclables are placed in the proper recycling bin or container. This section and Sections 8.12.140 and 8.12.150 do not limit residents selling recyclables to certified refund value (CRV) buy back centers. This section shall require CRV buy back centers to report recycling volumes to the Department of Conservation, California Integrated Waste Management Board, and the city when requested. (Ord. 08-02 § 1(part), 2008)

The city of Kerman shall have the authority and responsibility for enforcing this section.

A. It shall be unlawful for any person other than the franchise hauler or other authorized person(s) to remove from any curb, alley, street, designated pick-up location, or any storage area or container, any separated salvageable commodity.

B. It shall be unlawful for any person to disturb or tamper with any container, bin, or container containing salvageable material, or the contents thereof, or to remove any such container, bin, or container from the location where the same was placed by the owner of said container or bin. (Ord. 08-02 § 1(part), 2008)

The city’s code enforcement department employees are empowered and required to enforce the provisions of this chapter, and shall have the right to enter upon all premises for the purpose of inspecting for or obtaining compliance with this chapter, except that a warrant shall be obtained if permission to enter private property has not been granted by the owner or legal occupant of such property. (Ord. 08-02 § 1(part), 2008)

CHAPTER 8.12A ORGANIC WASTE DISPOSAL REDUCTION, RECYCLING, AND SOLID WASTE COLLECTION

§ 8.12A.010. Title of chapter.

This chapter shall be entitled “Organic Waste Disposal Reduction, Recycling and Solid Waste Collection.” References herein to “ordinance” shall refer to this chapter. (Ord. 22-01 § 1, 2022)

§ 8.12A.020. Purpose and findings.

The city finds and declares:

A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section40000 et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their cities to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

B. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the state of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multifamily property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires cities to implement a mandatory commercial recycling program.

C. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the state of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multifamily property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires cities to implement a recycling program to divert organic waste from businesses subject to the law, and requires cities to implement a mandatory commercial organics recycling program.

D. SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including cities, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.

E. SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires cities to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 regulations. This ordinance will also help reduce food insecurity by requiring

commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption. (Ord. 22-01 § 1, 2022)

§ 8.12A.030. Definitions.

“Blue container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.

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

“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&D” means construction and demolition debris.

“City” means the city of Kerman, California, within its jurisdictional boundaries.

“City enforcement official” means the city manager or authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.

“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 chapter.

“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined herein below 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).

“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 fifty 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). Additionally such activity may only be undertaken in accordance with the city’s zoning ordinance.

“Compliance review” means a review of records by a city to determine compliance with this chapter.

“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of 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.

“Contamination” or “contaminated container” means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section18982(a)(55).

“Designee” means an entity that a city contracts with or otherwise arranges to carry out any of

the city’s responsibilities of this 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.

“Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered and not discarded. Nothing in this 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.

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

“Excluded waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city 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, without limitation: 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 city’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 city, 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 safe 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 are defined as allowable materials for collection through the city’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the city or its designee for collection services.

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

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

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

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

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

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

3. 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.

“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).

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

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

“Food-soiled paper” is 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, and pizza boxes.

“Food waste” means food scraps, and food-soiled paper.

“Gray container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of gray container waste. Per the definition provided in 14 CCR Section 18982(a)(28), the gray container may be black, or the body and/or lid of the container may be black or gray.

“Gray container waste” means solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

“Green container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

“Grocery store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including, without limitation, a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

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

“Inspection” means a site visit where a 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. If the definition in 14 CCR

Section18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

“Large venue” means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this 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)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

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

“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.

“Noncompostable paper” includes but is not limited to paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

“Nonlocal entity” means the following entities that are not subject to the city’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

1. Special district(s) located within the boundaries of the city.

2. Federal facilities, including, without limitation, military installations, located within the boundaries of the city.

3. Prison(s) located within the boundaries of the city, excepting that private prisons are

considered commercial businesses and do not fall within this definition.

4. Facilities operated by the state park system located within the boundaries of the city.

5. Public universities (including community colleges) located within the boundaries of the city.

6. County fairgrounds located within the boundaries of the city.

7. State agencies located within the boundaries of the city.

“Nonorganic recyclables” means nonputrescible and nonhazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

“Notice of violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

“Organic waste” means solid wastes containing material originated from living organisms and

their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

“Organic waste generator” or “generator” means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section18982(a)(48).

“Paper products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section18982(a)(51).

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

“Prohibited container contaminants” means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city’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 city’s green container; (3) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in city’s green container and/or blue container; and (4) excluded waste placed in any container.

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

“Recovery” means any activity or process described in 14 CCR Section18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

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

“Regional agency” means regional agency as defined in Public Resources Code Section 40181.

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

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

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

“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).

“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.

“SB 1383 regulations” or “SB 1383 regulatory” means or refers to, for the purposes of this 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 and 27 CCR.

“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 backhauls waste, or as otherwise defined in14 CCR Section 18982(a)(66A).

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

“Solid waste” has the same meaning as defined in state Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid 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.

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

“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;

noncompostable paper; paper products; printing and writing paper; and any other organic waste that an organics waste facility may reject to maintain any organics-related composting certifications including but not limited to organic carpets and textiles, contaminated wood or lumber, manure, digestate, biosolids, and sludges.

“Source separated recyclable materials” means source separated nonorganic recyclables and source separated blue container organic waste.

“State” means the state of California.

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

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

1. Supermarket.

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

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

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

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

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

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

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

4. Large venue.

5. Large event.

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

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

   If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.

“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 18982(a)(76). (Ord. 22-01 § 1, 2022)

§ 8.12A.040. Requirements for single-family generators.

Organic waste generators shall subscribe to a three-container collection service which includes a blue container, green container and gray container, and shall comply with the following requirements:

A. Shall subscribe to city’s organic waste collection services for all organic waste generated as described in subsection B of this section. City or its designee 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; single-family generators shall adjust their service level for their collection services as requested by the city or its designee. Nothing in this section prohibits an organic waste 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).

B. Shall participate in the city’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 gray container waste in the gray container. Generators shall not place
materials designated for the gray container into the green container or blue container.

C. Any materials self-hauled must be hauled to facilities permitted to accept source separated green container organic waste (including food waste), source separated recyclable materials, and gray container waste. Nothing in this subsection shall relieve self-haulers that generate waste from subscribing to a three-container collection service. (Ord. 22-01 § 1, 2022)

§ 8.12A.050. Requirements for commercial businesses.

Generators that are commercial businesses, including multifamily residential dwellings, shall:

A. Subscribe to city’s three-container collection services and comply with requirements of those services as described below in subsection B of this section. City or its designee shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; commercial businesses shall adjust their service level for their collection services as requested by the city or its designee.

B. Participants in the city’s organic waste collection service(s) shall place 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 gray container waste in the gray container. Generator shall not place

materials designated for the gray container into the green container or blue container.

2. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (B)(3)(a) and (b) of this section) for employees, contractors, tenants, and customers, consistent with city’s blue container, green container, and gray container collection service or, if self- hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with Section 8.12.050.

3. 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 Section18984.9(b), the containers provided by the business shall have either:

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

   b. 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.

4. Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirement in subsection (B)(3)(b) of this section pursuant to 14 CCR Section 18984.9(b).

5. 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 city’s blue container, green container, and gray container collection service or, if a self-hauler, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with Section 8.12.050.

6. Excluding multifamily residential dwellings, semiannually inspect blue containers, green containers, and 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 Section18984.9(b)(3).

7. 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.

8. Provide education information before or within fourteen days of occupation of the
premises to new tenants that describes requirements to keep source separated green
container organic waste and source separated recyclable materials separate from gray
container waste (when applicable) and the location of containers and the rules
governing their use at each property.

9. Provide or arrange access for city or its designee to their properties during all
inspections conducted in accordance with Section 8.12A.140 to confirm compliance
with the requirements of this chapter.

10. Accommodate and cooperate with city’s remote monitoring program for inspection of
the contents of containers for prohibited container contaminants, which may be
implemented by city at a later date, to evaluate generator’s compliance with
subsection B of this section. The remote monitoring program shall involve installation
of remote monitoring equipment on or in the blue containers, green containers, and
gray containers.

11. At commercial business’s option and subject to any approval required from the city,
implement a remote monitoring program for inspection of the contents of its blue
containers, green containers, and 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 gray containers subject to written
notification to or approval by the city.

12. If a commercial business wants to self-haul, meet the self-hauler requirements in
Section 8.12.050.

13. Nothing is 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).

    14. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.12A.070.

(Ord. 22-01 § 1, 2022)

§ 8.12A.060. Waivers for generators.

A. De Minimis Waivers. City may waive a commercial business’s obligation (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection (A)(2) of this section. 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 subsection (A)(2) of this section.

2. Provide documentation that either:

a. The commercial business’s 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 gallons per week per applicable container of the business’s total waste; or

b. The commercial business’s 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 gallons per week per applicable
container of the business’s total waste.

3. Notify city 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
city has approved de minimis waiver.

B. Physical Space Waivers. The city may waive a commercial business’s 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 city 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 8.12A.050. A commercial business or property owner may request a physical space waiver through the following process:

1. Submit an exemption request form to the city’s planning department specifying the
type(s) of collection services for which they are requesting a compliance waiver.

Note that the city’s authority to issue a waiver cannot be delegated to a private entity pursuant to the SB 1383 regulations (14 CCR Section 18984.11(c)).

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

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

(Ord. 22-01 § 1, 2022)

§ 8.12A.070. Requirements for commercial edible food generators.

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, 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: (a) the collection of edible food for food recovery; or (b) 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 city’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.

6. Commencing no later than July 1, 2022, for tier one commercial edible food
generators and July 1, 2024, for tier two commercial edible food generators provide
an annual food recovery report, every July 1st, to the city that includes the records
listed in subsection (C)(5)(c) of this section.

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 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. 22-01 § 1, 2022)

§ 8.12A.080. Requirements for food recovery organizations and services.

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 that
the food recovery service transports edible food to 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 Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section18991.5(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.

C. Food recovery organizations and food recovery services shall inform generators about California and federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).

D. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city they are 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 July 1st of each year.

E. In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty days unless a shorter time frame is otherwise specified by the city. (Ord. 22-01 § 1, 2022)

§ 8.12A.090. Requirements for haulers and facility operators.

A. Exclusive franchised hauler(s) providing residential, commercial, or industrial organic waste collection services to generators within the city’s boundaries shall meet the following requirements as a condition of approval of a contract, agreement, or similar contractual authorization with the city to collect organic waste:

1. Through written notice to the city annually on or before July 1, 2022, identify the
facilities to which they will transport organic waste including facilities for source
separated recyclable materials and source separated green container organic waste.

2. Transport source separated recyclable materials and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR Division 7, Chapter 12, Article 2. Notwithstanding the foregoing, hauler shall not be required to transport any containers with prohibited container contaminants to a facility, operation, activity, or property that recovers organic waste.

   3. Obtain approval from the city 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 Section18989.1 and Section 8.12.050.

   4. Exclusive franchised hauler(s) authorization to collect organic waste shall comply with any education, equipment, signage, container labeling, container color, contamination, monitoring, and reporting requirements relating to the collection of organic waste contained within its franchise agreement.

B. Requirements for Community Composting Operations. Community composting operators, upon city 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 anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty days. (Ord. 22-01 § 1, 2022)

§ 8.12A.100. Self-hauler requirements.

A. Self-haulers shall source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city’s organics and recycling collection program) generated on site from solid waste in a manner consistent with 14 CCR Sections18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

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 city. 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 subsection C of this section.

E. Self-haulers that are commercial businesses (including multifamily self-haulers) shall provide information collected in subsection C of this section to the city if requested and within ten days of such request.

F. Nothing in this section shall relieve self-haulers from the requirement to subscribe and receive regular three-container services. (Ord. 22-01 § 1, 2022)

§ 8.12A.110. Compliance with CALGreen recycling requirements.

A. Persons applying for a permit from the city 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 city. If the requirements of CALGreen are more stringent then the requirements of this section, the CALGreen requirements shall apply.

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

B. For projects covered by CALGreen or more stringent requirements of the city, the applicants must, as a condition of the city’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-container collection program offered by the city,
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 or additions resulting in more than thirty percent 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-
container collection program offered by the city, 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 city policies and/or administrative guidelines regarding the
collection, recycling, diversion, tracking, and/or reporting of C&D.

(Ord. 22-01 § 1, 2022)

§ 8.12A.120. Model water efficient landscaping ordinance requirements (MWELO).

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 city, who are constructing a new (single-family, multifamily, public, institutional, or commercial) project with a landscape area greater than five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred 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.

B. The compost and mulch use requirements that are part of the MWELO are now also included as requirements of this 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 subsection A of this section 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 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 ground-covers, 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 postconsumer materials shall
take precedence over inorganic materials or virgin forest products unless the
recycled postconsumer 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 subsection A of this section 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 MWELO September 15, 2015, requirements in a manner that requires jurisdictions 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 also apply and be enforced. (Ord. 22-01 § 1, 2022)

§ 8.12A.130. Procurement requirements for city departments, direct service providers, and vendors.

A. City departments, and direct service providers to the city, as applicable, must comply with the city’s recovered organic waste product procurement policy and recycled-content paper procurement policy.

B. All vendors providing paper products and printing and writing paper to the city 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, by fiber weight, postconsumer fiber instead of nonrecycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than nonrecycled 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 postconsumer

   material in the paper products and printing and writing paper offered or sold to the city. 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 city 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 city in accordance with the city’s recycled-content paper procurement policy(ies) of all paper products and printing and writing paper purchases within thirty days of the purchase (both recycled content and nonrecycled content, if any is purchased) made by any division or department or employee of the city. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsections (B)(3) and (4) of this section for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if nonrecycled-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. 22-01 § 1, 2022)

§ 8.12A.140. Inspections and investigations.

A. City 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 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 city to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with Section 8.12A.050(B), city 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 8.12A.050(B)(10).

B. 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 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 of this chapter described herein. Failure to provide or arrange for: (1) access to an entity’s premises; (2) installation and operation of remote monitoring equipment; or (3) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

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

D. City representatives, its designated entity, and/or designee are authorized to conduct any inspections, remote monitoring, or other investigations of 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 as reasonably necessary to further the goals of this chapter, subject to applicable laws.

E. City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints. (Ord. 22-01 § 1, 2022)

§ 8.12A.150. Enforcement.

A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and/or assessment of a fine by a city enforcement official or representative. Enforcement actions under this chapter include, but are not limited to, issuance of an

administrative citation and assessment of a fine except that the administrative fine amounts in this chapter shall prevail. In addition to the procedures in this section, the city may enforce this chapter consistent with the procedures in Chapters 1.18, 1.20, and 1.32.

B. Other remedies allowed by law may be used for enforcement, including, but not limited to, civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations, exists such that court action is a reasonable use of city staff and resources.

C. Responsible Entity for Enforcement.

1. Enforcement pursuant to this chapter may be undertaken by the city enforcement
official, which may be the city manager or their designated entity, legal counsel, or
combination thereof.

a. The city enforcement official(s) or designee will interpret this chapter;
determine the applicability of waivers, if violation(s) have occurred; implement
enforcement actions; and determine if compliance standards are met.

b. The city enforcement official(s) or designee may issue notices of violation(s).

D. Process for Enforcement.

1. City enforcement official(s) or designee will monitor compliance with this chapter
randomly and through compliance reviews, route reviews, investigation of
complaints, and an inspection program that may include remote monitoring. Section
8.12A.140 establishes city’s right to conduct inspections and investigations.

2. City may issue an official notification to notify regulated entities of its obligations
under this chapter.

E. Penalty Amounts for Types of Violations. The penalty levels for city-issued notices of violation are as follows:

1. Commercial Business.

a. For a first violation, the amount of the base penalty shall be one hundred dollars
per violation.

b. For a second violation, the amount of the base penalty shall be two hundred
dollars per violation.

c. For a third or subsequent violation, the amount of the base penalty shall be five
hundred dollars per violation.

2. Single-Family.

a. For a first violation, the amount of the base penalty shall be one hundred dollars
per violation.

b. For a second violation, the amount of the base penalty shall be two hundred dollars per violation.

c. For a third or subsequent violation, the amount of the base penalty shall be five hundred dollars per violation.

F. Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

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

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

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

G. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to the appeals procedures in Chapter 1.28.

H. Education Period for Noncompliance. Beginning January 1, 2022, and through December 31, 2023, city will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance with this chapter, and if city determines that organic waste generator, hauler, self-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 chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

I. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city determines that an organic waste generator, hauler, self-hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed. The foregoing shall not apply to violations arising from incidences where a hauler discovers prohibited container contaminants found in containers.

J. Enforcement Table – Nonexclusive List of Violations.

Table 1. List of Violations

REQUIREMENT DESCRIPTION OF VIOLATION

Commercial Business and Commercial business fails to provide or arrange for Commercial Business Owner organic waste collection services consistent with city Responsibility Requirement requirements and as outlined in this chapter for Section 8.12A.050 employees, contractors, tenants, and customers, including supplying and allowing access to adequate numbers, size, and location of containers and sufficient signage and container color.

Organic Waste Generator Organic waste generator fails to comply with Requirement Sections requirements adopted pursuant to this chapter for the 8.12A.040 and 8.12A.050 collection and recovery of organic waste.

Hauler Requirement Section A hauler providing residential, commercial or industrial 8.12A.090 organic waste collection service fails to transport organic waste to a facility, operation, activity, or property that recovers organic waste, as prescribed by this chapter.

Hauler Requirement Section A hauler providing residential, commercial, or 8.12A.090 industrial organic waste collection service fails to obtain applicable approval issued by the city to haul organic waste as prescribed by this chapter.

Hauler Requirement Section A hauler fails to keep a record of the applicable 8.12A.090 documentation of its approval by the city, as prescribed by this chapter.

Self-Hauler Requirement A generator who is a self-hauler fails to comply with Section 8.12A.100 the requirements of 14 CCR Section 18988.3(b).

Commercial Edible Food Tier one commercial edible food generator fails to Generator Requirement arrange to recover the maximum amount of its edible Section 8.12A.070 food that would otherwise be disposed by establishing a contract or written agreement with a food recovery organization or food recovery service and comply with this section commencing Jan. 1, 2022.

Commercial Edible Food Tier two commercial edible food generator fails to Generator Requirement arrange to recover the maximum amount of its edible Section 8.12A.070 food that would otherwise be disposed by establishing a contract or written agreement with a food recovery organization or food recovery service and comply with this section commencing Jan. 1, 2024.

Commercial Edible Food Tier one or tier two commercial edible food generator Generator Requirement intentionally spoils edible food that is capable of being Section 8.12A.070 recovered by a food recovery organization or food recovery service.

Table 1. List of Violations

REQUIREMENT DESCRIPTION OF VIOLATION

Organic Waste Generator, Failure to provide or arrange for access to an entity’s
Commercial Business Owner, premises for any inspection or investigation.
Commercial Edible Food
Generator, Food Recovery
Organization or Food
Recovery Service Sections
8.12A.050 and 8.12A.070

Recordkeeping Requirements Tier one or tier two commercial edible food generator
for Commercial Edible Food fails to keep records, as prescribed by Section
Generator Section 8.12A.070 8.12A.070.

Recordkeeping Requirements A food recovery organization or food recovery service
for Food Recovery Services that has established a contract or written agreement to
and Food Recovery collect or receive edible food directly from a
Organizations Section commercial edible food generator pursuant to 14 CCR
8.12A.080 Section 18991.3(b) fails to keep records, as prescribed
by Section 8.12A.080.

(Ord. 22-01 § 1, 2022)

§ 8.12A.160. Coordination and interpretation in conjunction with related solid waste ordinances.

In interpreting this chapter in conjunction with the city’s general solid waste regulations (Chapter 8.12 entitled “Collection, Recycling and Disposal of Solid Waste” and in the event of any conflict between this chapter and Chapter 8.12 that cannot be reasonably harmonized through the application of lawful principles of statutory construction, the provisions of this chapter shall control with respect to all issues specific to the regulation of organic and food waste collection, disposal, enforcement, and penalties. (Ord. 22-01 § 1, 2022)