Kingsburg Municipal Code Ch. 8.12 Collection and/or Disposal of Solid Waste, Recycling, and Organic Waste

Footnotes:

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Editor's note— Ord. No. 2022-01, § 2, adopted Jan. 19, 2022, amended Ch. 8.12 in its entirety to read as herein set out. Former Ch. 8.12 pertained to solid waste collection and/or disposal, and derived from Amended during 5-08 supplement; Ord. 2003-13, adopted 2003; Ord. No. 2014-02, adopted May 22, 2014.

Unless the context otherwise requires, the definitions in this section shall be interpreted consistent with the definitions in the "Act" referenced below and in this code; and shall govern the construction of this chapter.

"Act" means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq.) and all rules and regulations adopted pursuant to the Act, as amended from time to time.

"Bin(s)" means the front- or top-loading metal bin containers provided to customers by city or its contract collector(s) for refuse, organics and/or recyclable materials collection.

"Blue container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.

"Bulk solid waste" means demolition or construction waste and debris (including, but not limited to, wood waste, wallboard, lumber, pipe, masonry, concrete and cement), tree stumps, abandoned vehicles or parts thereof, like items, and such other items as are determined or designated by city from time to time.

"Buy-back facility" means a facility which receives source-separated materials for a fee.

"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 on Jurisdictions (and others).

"City" means the City of Kingsburg and/or city's duly authorized officers, agents and employees.

"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 multi-family residential dwelling that consists of fewer than five (5) 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 in 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).

"Collection service(s)" means the process of collection by city or its contract collector(s) from alleyways of refuse, recycling, and organic waste placed in containers by customers (or collection from curbside in those instances where alley service cannot be provided), collection from curbside of recyclable materials placed in containers by customers, collection of street refuse from city rights-of-way and lawful disposal of all such items so collected.

"Container(s)" means the automated refuse, organic waste, recyclable materials containers and bins as defined herein.

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

"Contract collector" means any person who, under contract with city, provides collection services to customers and/or premises.

"Customer" means any and all persons (including the owners, occupants and/or operators of premises) which generate, produce or accumulate solid waste.

"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.

"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 jurisdiction and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in class III landfills or accepted at the facility by permit conditions, waste that in jurisdictions, 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 jurisdiction, 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 multi-family 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.

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

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

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

B. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,

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

A food recovery organization is not a commercial edible food generator for the purposes of this 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 excludes fats, oils, and grease when such materials are source separated from other food scraps.

"Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.

"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, food-soiled paper.

"Gray container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste.

"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.

"Green waste" means grass, leaves, shrub or brush trimmings, general organic debris from yard, greenery and/or organic plant maintenance that is of plant origin, and tree trimmings which do not exceed six (6) inches in diameter or thirty-six (36) inches in length.

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

"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).

"High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent (50%) between January 1, 2022 and December 31, 2024, and seventy-five percent (75%) after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

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

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

"Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this 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).

"Mixed waste" means organic waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).

"Organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

"Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

"Person" means an individual, firm, association, partnership, public or private corporation, company, organization, political subdivision, governmental agency, trustee, receiver or any other entity whatsoever.

"Premises" means an identifiable tract, lot or parcel of land (with or without habitable buildings or appurtenant structures) located within city.

"Prohibited container contaminants" means the following:

A. Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container;

B. 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;

C. 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 blue container and/or green container; and

D. Excluded waste placed in any container.

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

"Recyclable materials" means newspaper, cardboard, chipboard, white and colored ledger paper, computer paper, magazines, tin (steel) and bimetal cans, aluminum cans, glass bottles and jars, tin cans, polyethylene teraphthelate ("PET"), low and high density polyethylene plastic ("LDPE" and "HDPE"), plastic containers 1-7, designated scrap metals, other materials which can be processed and returned to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, and such additional materials as are designated by city.

"Refuse" means those residential and commercial solid waste products which are regularly, normally, commonly and legally accepted for collection in municipal refuse programs in Fresno County, California, other than recyclable materials, green waste and as defined herein. Without limiting city's right from time-to-time to determine certain materials are not included in the definition of refuse set forth above, refuse specifically excludes ashes, cement, dirt, tires, motor oil, hazardous materials, rock, plaster, paint, bulk solid waste, wood waste and wallboard.

"Remote monitoring" means the use of the internet 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.

"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 CCR 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 back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

"Separate/separation" means the segregation and placement of refuse, organic wastes, and recyclable materials in the separate containers designated for same, and includes the segregation of recyclable materials by customers from their other solid waste for purposes of private sale or donation, rather than placement in the container(s) designated for same.

"Solid waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

A. Hazardous waste, as defined in the State Public Resources Code Section 40141.

B. 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).

C. 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.

"Solid waste facility" means a disposal site, buy-back facility, material recovery facility (MRF), composting facility, transfer station, or a site that engages in any solid waste processing, or any facility specified in California Public Resources Code Section 40194 and as amended from time to time. Solid waste facility shall include a commercial or industrial business conducting salvage of recyclable materials, but shall exclude private residences engaged in salvaging of recyclable materials for their own purpose.

"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 the 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 for the purposes of collection and processing.

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

"Source separated green container organic waste" means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.

"Source separated organic materials" means source separated green waste and food waste acceptable for placement in the green container.

"Source separated recyclable materials" means source separated recyclable materials acceptable for placement in the blue container.

"Street refuse" means solid waste located within city rights-of-way on designated collection service days which is reasonably capable of being collected through the use of the street sweeping equipment utilized for such purposes by city or its contract collector(s).

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), 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:

A. Supermarket.

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

C. Food service provider.

D. Food distributor.

E. 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:

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

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

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

D. Large venue.

E. Large event.

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

G. 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.

"Walk-in service" means service where solid waste, organic waste and/or recyclable material containers may be placed for collection at a location other than the designated collection point, but on the premises. Such service shall be limited to customers who are blind, disabled, or, for some physical reason, cannot move their container to the curb or alley. Hardship cases will be reviewed and a decision made on an individual basis by city.

"Wallboard" means sheets or pieces of gypsum drywall.

"Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

"Wood waste" means wood residue including construction wood waste, pallets, crates, spools, remanufactured wood residue, urban wood waste and tree parts or trimmings of any kind over six (6) inches in diameter or thirty-six (36) inches in length.

(Ord. No. 2022-01, § 2, 1-19-2022)

City, in order to more effectively promote and protect the public health and safety and reduce the dangers and hazards of fires and conflagrations, reserves to itself the sole and exclusive right to collect, transport and dispose of solid waste produced, found and accumulated within city, and/or to permit, designate and/or contract with persons to collect and/or dispose of such solid waste as in the judgment of city seems best and upon such terms as city may determine, including the award and/or payment of any franchise fee for the privilege of doing so, whether by permit, designation or contract.

(Ord. No. 2022-01, § 2, 1-19-2022)

Except as otherwise provided in Section 8.12.040, all persons within city, and all premises upon which solid waste is produced, generated or accumulated within city, shall be provided with and required to use the collection services provided by city under this chapter, without any exception, all such persons and premises shall be responsible to pay the charges for not less than the designated minimum level of available collection services as they are from time to time set in accordance with this chapter. All such persons and premises using collection services shall separate organic waste and recyclable materials from all other refuse and/or solid waste produced, generated or accumulated at their premises and dispose of the same only in accordance with law and the requirements established by city. These requirements shall be established by this chapter and by any other authorized action of city; and may be amended from time to time as may be necessary to meet the requirements of the Act, this chapter, city agreement(s) with contract collector(s) and/or permits or designations issued by city to persons collecting and/or disposing of solid waste in accordance with this chapter. An owner, landlord, or agent of an owner or landlord of a multi-family rental housing property with two (2) or more units, shall comply with the separation responsibilities for the premises by establishing a system for collection, separation, and deposit into the separate designated refuse, organic waste, and recyclable materials containers for such premises.

(Ord. No. 2022-01, § 2, 1-19-2022)

No person other than city shall for gain or hire engage in the business of collecting, hauling, transporting or disposing of any solid waste produced, generated or accumulated within city, or use the public rights-of-way in city for such purpose(s), without first having become a contract collector of city or without first having secured a solid waste collection and/or disposal permit or designation from city to engage in the business of collecting and/or disposing of solid waste. This section does not prevent any individual from otherwise lawfully disposing of the solid waste personally produced, generated or accumulated by that individual.

(Ord. No. 2022-01, § 2, 1-19-2022)

A. Frequency, Type and Amounts of Collection. Regular collection services shall be provided all premises at regular scheduled intervals established by city. Special or additional collections may also be provided as determined by city. In cases of disputes about frequency of collection or adequacy of containers, city shall determine the appropriate frequency and the size and number of containers required to provide for the efficient collection of solid waste at any premises.

B. Container Storage/Placement. All customers shall store and place containers in a manner and at location(s) for storage and collection acceptable to city.

C. Residential Container Storage. All refuse, recycling, and organic waste containers on residential premises having fenced public alley access shall be stored at a location on the premises either inside a fence-line enclosure acceptable to city with inside measurements of not less than four (4) feet deep and eight (8) feet wide which provides space for such containers and access allowing the collector to empty all such containers from the public alley without entering the premises ("approved enclosure"), or inside the alley fence. Any residential alley fence hereafter constructed or replaced within four (4) feet of the adjacent public alley boundary shall be constructed with an approved enclosure. All containers for residential premises without fences and/or without public alley access shall be stored at a location on the premises no closer to public rights-of-way than the applicable structural setback line(s) set forth in the zoning ordinance of city; and shall be visually screened from the adjacent streets, alleys and premises.

D. Residential Container Placement for Collection/Return. Except for walk-in service(s), all residential premises containers shall be placed for collection no sooner than five o'clock p.m. on the day preceding the scheduled day of collection and no later than five o'clock a.m. on the scheduled day of collection and shall be returned from the collection location to the storage location no later than twelve o'clock midnight on the scheduled day of collection. Solid waste, recycling, and organic waste containers on residential premises with public alley access but no approved enclosure may be placed for collection within the public alley for such purposes only if approved by city. All solid waste, recycling, and organic waste containers on residential premises without public alley access shall be placed for collection behind the curb line. All recyclable materials containers on residential premises shall be placed for collection within the public street right-of-way abutting the premises and behind the curb line.

E. Proper Separation and Placement Required. Refuse, organics and recyclable materials which have not been properly separated, placed in designated containers and located for collection are not required to be collected in accordance with regular collection services; and city may impose special service charges for same.

F. Substitute Containers. With city's prior approval, separate refuse, organic waste, and/or recyclable materials containers may be used in lieu of bins at non-single-family residential premises. With city's prior approval, bins may be used at single-family residential premises in lieu of separate refuse, organics and/or recyclable materials containers.

G. Containers to be Kept Clean. All containers shall be kept in a clean and sanitary condition with their lids closed at all times. Should container(s) not be kept in such condition, following notice of such failure, the condition may be corrected at the expense of the person, customer or premises.

(Ord. No. 2022-01, § 2, 1-19-2022)

A. Persons residing in single-family homes or multi-family properties of four (4) units or less are residential organic waste generators for the purposes of this chapter. Residential organic waste generators shall comply with the following requirements, except residential generators that meet the self-hauler requirements in Section 8.12.120 of this chapter:

1. Subscribe to organic waste collection services provided through the city's franchised hauler. The city or the city's franchised hauler shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials and residential generator shall adjust its service level for its collection services as requested by the city or the city's franchised hauler.

2. May additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

3. 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.

(Ord. No. 2022-01, § 2, 1-19-2022)

A. Commercial businesses, including multi-family properties of five (5) units or more are commercial organic waste generators for purposes of this chapter. Commercial organic waste generators shall comply with the following requirements, except commercial generators that meet the self-hauler requirements of Section 8.12.120 of this chapter:

1. Subscribe to the organic waste collection services provided through the city's franchised hauler. The city or the city's franchised hauler 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 and the commercial generator shall adjust its service level for its collection services as requested by the city or the city's franchised hauler.

2. Except commercial businesses that meet the self-hauler requirements in Section 8.12.090 of this chapter, participate in the city's organic waste, non-organic recyclables, and/or other solid waste collection services provided by the city's franchised hauler in order to comply with applicable state law. Participation includes placing designated materials in designated containers as directed by the city or the city's franchised hauler.

3. Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors to conform to the collection programs subscribed to through the city.

4. Commercial businesses, excluding multi-family dwellings, shall provide containers for the collection of source separated organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

a. A body or lid that conforms with the container colors provided through the collection service provided by the franchised hauler; or

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 to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

5. Commercial businesses, excluding multi-family dwellings, shall, to the extent practical through education, training, inspection and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the city's franchised's collection service.

6. Commercial businesses, excluding multi-family properties, shall periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

7. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of discarded materials in designated containers.

8. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to place designated materials in designated containers, the location of designated containers, and the associated rules governing their use at each property.

9. Provide or arrange access for city or its agent to their properties during all inspections required to confirm compliance with the requirements of this chapter.

10. If a commercial business wants to self-haul, it must meet the self-hauler requirements in Section 8.12.090 of this chapter.

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

12. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section [18.12.110].

13. On or after January 1, 2022, a commercial business that generates two (2) cubic yards or more per week of commercial solid waste, as defined in Public Resources Code Section 42649.1, shall request recycling services specifically for organic waste.

14. Commercial businesses, including multi-family properties, that subscribe to landscaper services shall provide the city with all information required by the city to determine if the disposal of organic waste generated from such landscaping services satisfies SB 1383 requirements.

15. 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.

(Ord. No. 2022-01, § 2, 1-19-2022)

A. De Minimis Waivers. The city may waive a commercial business' obligation (including multi-family properties) 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 this chapter. 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 below.

2. Provide documentation that either:

a. The commercial business' total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty (20) gallons per week per applicable container of the business' total waste; or,

b. The commercial business' total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten (10) gallons per week per applicable container of the business' total waste.

3. Notify the 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 each year, if the city has approved de minimis waiver.

B. Physical Space Waivers. The city may waive a commercial business' or property owner's obligations (including multi-family 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, the city's franchised 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 this chapter.

1. Commercial business or property owner may request a physical space waiver through the following process:

a. Submit the city's application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

b. Provide documentation that the premises lacks adequate space for blue containers and/or green containers documentation from the city's franchised hauler, licensed architect, or licensed engineer.

c. Provide written verification of eligibility for waiver each year, if the city has approved the waiver.

(Ord. No. 2022-01, § 2, 1-19-2022)

A. Self-haulers shall source separate all recyclable materials and organic waste generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility 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 must obtain a self-hauler permit from the city in order to operate as a self-hauler and maintain 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 provided to the city quarterly within ten (10) business days of the end of each quarter. 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. above.

(Ord. No. 2022-01, § 2, 1-19-2022)

A. Tier one commercial edible food generators must comply with the requirements of this chapter 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: (i) the collection of edible food for food recovery; or, (ii) 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. No later than February 1st of each year commencing no later than calendar year 2022 for tier one commercial edible food generators and calendar year 2024 for tier two commercial edible food generators, provide an annual food recovery report to the city in the form and format established by the public works director.

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. No. 2022-01, § 2, 1-19-2022)

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

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

2. The quantity in pounds of edible food collected from each commercial edible food generator per month.

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

4. The name, address, and contact information for each food recovery organization 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 Section 18991.5(a)(2):

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

2. The quantity in pounds of edible food received from each commercial edible food generator per month.

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

C. Food recovery organizations and food recovery services that have their primary address physically located in the jurisdiction 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 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 March 1 of the following year.

D. Food Recovery Capacity Planning.

1. Food Recovery Services and Food Recovery Organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the city, 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 (60) days, unless a shorter timeframe is otherwise specified by the city.

(Ord. No. 2022-01, § 2, 1-19-2022)

A. The city's exclusive franchised hauler providing residential, commercial, or industrial organic waste collection services to generators within the city's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:

1. By written notice to the city annually on or before January 1, identify the facilities to which [the franchised hauler] will transport organic waste including facilities for source separated recyclable materials, source separated green container organic waste, and mixed waste.

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

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 Section 18989.1, and Chapter 8.14 of this Title 8.

B. The city's exclusive franchised hauler's authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with the city.

(Ord. No. 2022-01, § 2, 1-19-2022)

All rates and charges for collection services provided by the city's franchised hauler shall be identified in the franchise agreement by and between the city and its franchised hauler or fixer by city resolution if not identified in said agreement.

(Ord. No. 2022-01, § 2, 1-19-2022)

A. Collection services shall be included on the regular city utility bill. The charges shall be paid at the same time and in the same manner as other utility charges are paid, and all rules and regulations governing the collection of other city utility bills shall apply to charges for collection services, the same as for other city utilities.

B. Any payment received for city utility charges in an amount less than the total billed shall be treated as a partial payment for each such charge and the amount received shall be allocated to the separate accounts in the same ratio as each such charge bears to the whole of the bill.

C. The charges for the collection of solid waste resulting from the normal use of a premises shall not be construed as preventing city from imposing reasonable extra charges for the removal of excessive amounts of solid waste.

(Ord. No. 2022-01, § 2, 1-19-2022)

All charges for collection services included on utility bills shall be due and payable at the same time as other utility charges. If a bill for collection services is not paid in full within the time provided, city may discontinue utility service to the premises after following the established rules and regulations governing the collection of utility bills.

(Ord. No. 2022-01, § 2, 1-19-2022)

A. It shall be unlawful for any person to allow or permit to collect or remain on their premises any solid waste in a manner which constitutes a public nuisance.

B. In addition to the foregoing, except for the normal accumulation of solid waste between normal collection service days, all premises shall be kept free of solid waste. The owner, occupant or operator of any premises shall be responsible for the safe and sanitary storage of all solid waste so normally accumulated on the premises in a manner such that such solid waste is not visible from public rights-of-way or other nearby premises.

(Ord. No. 2022-01, § 2, 1-19-2022)

It shall be unlawful for any person to bury, dump, burn, or permit to be buried, dumped, or burned any solid waste in any place within city, and all solid waste generated in city shall be placed in the designated containers as described in this chapter.

(Ord. No. 2022-01, § 2, 1-19-2022)

No solid waste or container(s) shall be deposited, kept or stored in public rights-of-way. No container(s) shall be placed in public rights-of-way except as specifically allowed by city for collection purposes.

(Ord. No. 2022-01, § 2, 1-19-2022)

City shall enforce the provisions of this chapter and shall have the power to establish rules and regulations consistent with the provisions of this chapter governing the keeping, collection, removal, and disposal of solid waste.

(Ord. No. 2022-01, § 2, 1-19-2022)

Agreement(s) for collection services may be entered into between city and persons subject to the provisions of this code and other applicable laws. Except as otherwise provided in this chapter or such agreement(s), contract collector(s) shall have the sole and exclusive right(s) and duty(ies) to collect and dispose of all solid waste in accordance with said agreement(s) and to transport same throughout the streets and alleys of city for such purposes. Any such agreement may be entered into by city upon terms deemed necessary to protect the interests of city and consistent with this chapter, and the Act.

(Ord. No. 2022-01, § 2, 1-19-2022)

City may grant any contract collector, for the term of that contract collector's agreement only, an exclusive franchise consisting of the exclusive duty, right and privilege to collect and dispose of solid waste within city on such terms as city shall prescribe in such agreement.

(Ord. No. 2022-01, § 2, 1-19-2022)

A solid waste collection and/or disposal franchise fee ("franchise fee"), as set by resolution of the city council, is hereby imposed on all sums due each contract collector. Each contract collector shall submit monthly statements to the city which itemize the types, amounts, and charged for services rendered by the contract collector and the "monthly net sum" claimed due for that month by such contract collector utilizing the rates determined, in accordance with its agreement with the city. Said monthly statements shall be submitted to city within ten (10) days after the end of the calendar month in which the collection services were provided and shall be accompanied by all monthly reports due [to the] city. Within fifteen (15) days after receipt of such statement and reports, city shall review the monthly statement and reports and, upon the city's approval of such statement and reports, shall pay the contract collector the approved monthly net sum due. In lieu of contract collector paying the required franchise fee amount concurrently with submitting each monthly statement, city shall determine and collect the franchise fee amount by multiplying the agreed monthly net sum due for each month by the franchise fee percentage then in effect which will yield the franchise fee the contract collector is required to pay the city. The city shall deduct the monthly franchise fee amount from the monthly net sum due [to] the contract collector for that respective month. City reserves the right to modify at any time the amount of the franchise fee by resolution of the city council adopted at any time during the term of any agreement with any contract collector; and thereafter to collect such modified franchise fee using the same procedure described in Section 8.12.150.

(Ord. No. 2022-01, § 2, 1-19-2022)

A. It shall be unlawful for any person to store, place, throw, deposit, or cause to be stored, placed, thrown or deposited, any solid waste in or upon any premises not owned, occupied or controlled by such person or in or upon any public right-of-way, park, or other public place; or to accumulate, keep, store or place any solid waste other than in the manner provided or allowed by this chapter.

B. It shall be unlawful for any person to remove, damage, destroy, deface, improperly locate, place or store any container.

C. It shall be unlawful for any person other than city, a contract collector, or a person otherwise properly permitted or designated by city for such purposes to collect or transport any solid waste which has been placed for collection.

D. It shall be unlawful for any person to deposit or remove solid waste in the container(s) of any other person, customer or premises, or to set out solid waste for collection at the collection location of any other person, customer or premises.

E. It shall be unlawful for any person, customer or premises to willingly place any materials in the refuse, organics, or recyclable materials containers that do not meet the definitions for same set forth in this chapter.

(Ord. No. 2022-01, § 2, 1-19-2022)

Any person who violates any provision of this chapter shall be guilty of a misdemeanor or, at the option of the citing official or city attorney, an infraction; upon conviction of a misdemeanor, such person shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. Upon conviction of an infraction, such person shall be punished by a fine not to exceed five hundred dollars ($500.00).

(Ord. No. 2022-01, § 2, 1-19-2022)

If any section, subsection, sentence, clause, word, or phrase of this chapter is held to be unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remainder of this chapter.

(Ord. No. 2022-01, § 2, 1-19-2022)