La Mesa Municipal Code Ch. 7.30 Mandatory Organics Recycling and Edible Food Recovery

This chapter is intended to comply with Senate Bill No. 1383 (SB 1383), the Short-lived Climate Reduction Act of 2016, and its implementing regulations. SB 1383 Regulations place requirements on cities, single-family residential dwellings, commercial businesses including multi-family residential dwellings, commercial edible food generators, self-haulers, food recovery organizations, and food recovery services to achieve statewide organic waste disposal reduction targets to reduce organics in landfills as a source of methane. SB 1383 requires cities to adopt and enforce an enforceable mechanism, such as an ordinance, to implement SB 1383 Regulations.

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Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their Jurisdictions 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41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires jurisdictions 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42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling,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 jurisdictions to implement a recycling program to divert organic waste from businesses subject to the law, and requires jurisdictions 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 jurisdictions, 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 jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This chapter 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.

F. This chapter complies with other adopted goals and policies of the city.

(Ord. 2022-2895, § 2, March 22, 2022)

The following terms when used in this chapter shall have the meaning assigned below unless the context clearly indicates that a different meaning was intended:

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

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

(c) "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). California Code of Regulations or CCR references include the statutory language as it exists on the effective date of this chapter and as amended from time to time.

(d) "Commercial" or "commercial business" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling. A residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.

(e) "Commercial edible food generator" means a Tier One or a Tier Two commercial edible food generator. Commercial edible food generator does not include food recovery organizations and food recovery services.

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

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

(h) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

(i) "Contaminated container" means a container, regardless of color, that contains prohibited container contaminants. Contaminated container has the same meaning as in 14 CCR Section 18982(a)(55) if otherwise defined in that section.

(j) "C&D" means construction and demolition debris.

(k) "Designee" means an entity that the city contracts with, or otherwise arranges with, to carry out any of the city"s responsibilities 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.

(l) "Edible food" means food intended for human consumption. For purposes of this chapter, edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code. Edible food has the same meaning as in 14 CCR Section 18982(a)(18) if otherwise defined in that section.

(m) "Enforcement action" means an action of the city to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies including civil and criminal courts.

(n) "Enforcement official" means the city manager, or other executive in charge or their authorized designee(s) who is/are partially or whole responsible for enforcing the ordinance.

(o) "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: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the 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 the city, or its designee, to potential liability.

(p) "Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores. Food distributor has the same meaning as in 14 CCR Section 18982(a)(22) if otherwise defined in that section.

(q) "Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.

(r) "Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed. Food recovery has the same meaning as in 14 CCR Section 18982(a)(24) if otherwise defined in that section.

(s) "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 including, but not limited to: (i) a food bank as defined in Section 113783 of the Health and Safety Code; (ii) a nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; or (iii) a nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. Food recovery organization has the same meaning as in Section 14 CCR Section 18982(a)(24) if otherwise defined in that section. Pursuant to 14 CCR Section 18982(a)(7), Food Recovery Organization does not include a commercial edible food generator.

(t) "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. Food recovery Service has the same meaning as in 14 CCR Section 18982(a)(26) if otherwise defined in that section. Pursuant to 14 CCR Section 18982(a)(7), food recovery service does not include a commercial edible food generator.

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

(v) "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 organizations. Food service provider has the same meaning as in 14 CCR Section 18982(a)(27) if otherwise defined in that section.

(w) "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 towels, napkins, and pizza boxes.

(x) "Franchisee" means any solid waste collector or recycling agent authorized by the city council, pursuant to the provisions of this code, to collect and dispose of solid waste.

(y) "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.

(z) "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).

(aa) "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.

(bb) "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. Grocery store has the same meaning as in 14 CCR Section 18982(a)(30) if otherwise defined in that section.

(cc) "Hauler route" means the waste hauler's designated itinerary or sequence of stops for each segment of city's collection service area. Hauler Route has the same meaning as in 14 CCR Section 18982(a)(31.5) if otherwise defined in that section.

(dd) "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 that meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and seventy-five percent 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). High diversion organic waste processing facility has the same meaning as in 14 CCR Section 18982(a)(33) if otherwise defined in that section.

(ee) "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).

(ff) "Large event" means an event, that serves an average of more than five thousand individuals per day of operation of the event, or is operated by a local agency, 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.

(gg) "Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. A permanent venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. Large venue has the same meaning as in 14 CCR Section 18982(a)(39) if otherwise defined in that section.

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

(ii) "Metal" means recoverable aluminum, tin, and bi-metal materials such as used beverage containers, siding and other recyclable manufactured metal items.

(jj) "Multi-family residential dwelling" means a building or portion thereof used exclusively for residential purposes with five or more dwelling units. Multi-family residential dwelling does not include hotels, boardinghouses or other transient occupancy facilities that are considered commercial businesses.

(kk) "MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

(ll) "Newspaper" means materials printed on newsprint.

(mm) "Non-compostable paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

(nn) "Non-organic recyclables" means non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

(oo) "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.

(pp) "Office paper" means waste paper grades of white and colored ledgers. Examples include forms, copy paper, stationery, and other papers that are generally associated with desk activity.

(qq) "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).

(rr) "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).

(ss) "Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

(tt) "Plastic beverage bottles" means plastic containers with narrow necks, or mouth openings smaller than the diameter of the container bottles used for containing milk, juice, soft drinks, or water intended for human consumption; to be distinguished from nonfood bottles such as those for containing motor oil, detergent, or other household products.

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

(vv) "Prohibited container contaminants" means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste; (iii) discarded materials placed in the gray container that are acceptable source separated recyclable materials or source separated green container organic wastes; (iv) excluded waste placed in any container; and (v) plastic, biodegradable and compostable bags are not identified as acceptable in the blue container for source separated recyclable materials and the green container for source separated organics materials.

(ww) "Recovery" means any activity or process described in 14 CCR Section 18983.1(b). Recovery has the same meaning as in 14 CCR Section 18982(a)(49) if otherwise defined.

(xx) "Recycling" has the same meaning as set forth in Public Resources Code Section 40180, as it may be amended from time to time.

(yy) "Remote monitoring" means the 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.

(zz) "Responsible party" means both the person or party who is in immediate control of the premises, activity or operation, and the property owner where the violation is located.

(aaa) "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption. Restaurant has the same meaning as in 14 CCR Section 18982(a)(64) if otherwise defined in that section.

(bbb) "Route review" means a visual inspection of containers along a hauler route for the purpose of determining contaminated containers and that may include mechanical inspection methods such as the use of cameras. Route review has the same meaning as in 14 CCR Section 18982(a)(65) if otherwise defined in that section.

(ccc) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended from time to time.

(ddd) "SB 1383 Regulations" means the short-lived climate pollutants: organic waste reduction regulations developed by California"s Department of Resources Recycling and Recovery and adopted in 2020 that created Title 14 of the State of California Code of Regulations, Division 7, Chapter 12 and amended portions of Chapter 14 and Chapter 27 of the State of California Code of Regulations.

(eee) "Self-hauler" means a person who hauls solid waste, organic waste or recyclable material he or she has generated to another person, or a person who back-hauls those materials. Back-haul has the same meaning as in 14 CCR Section 18982(a)(66)(A). Self-hauler has the same meaning as in 14 CCR Section 18982(a)(66) if otherwise defined in that section.

(fff) "Single-family residential dwelling" means a building or portion thereof used exclusively for residential purposes with fewer than five units. Single-family residential dwelling does not include hotels, boardinghouses, or other transient occupancy facilities that are considered commercial businesses.

(ggg) "Solid waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible 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: (i) Hazardous waste, as defined in the State Public Resources Code Section 40141; (ii) 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); (iii) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

(hhh) "Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the 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/mixed waste or other solid waste for the purposes of collection and processing.

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

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

(kkk) "State" means the State of California.

(lll) "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. Supermarket has the same meaning as in 14 CCR Section 18982(a)(71) if otherwise defined in that section.

(mmm) "Tier One commercial edible food generator" means a commercial edible food generator that is one of the following: (i) supermarket; (ii) grocery store with a total facility size equal to or greater than ten thousand square feet; (iii) food service provider; (iv) food distributor; or (v) wholesale food vendor. Tier One commercial edible food generator has the same meaning as in 14 CCR Section 18982(a)(73) if otherwise defined in that section.

(nnn) "Tier Two commercial edible food generator" means a commercial edible food generator that is one of the following: (i) restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet; (ii) hotel with an on-site food facility and two hundred or more rooms; (iii) health facility with an on-site food facility and one hundred or more beds; (iv) large venue; (v) large event; (vi) 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; or (vii) a local education agency facility with an on-site food facility. Tier Two commercial edible food generator has the same meaning as in 14 CCR Section 18982(a)(74) if otherwise defined in that section.

(ooo) "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. Wholesale food vendor has the same meaning as in 14 CCR Section 189852(a)(76) if otherwise defined in that section.

(Ord. 2022-2895, § 2, March 22, 2022)

Single-family residential dwelling occupants (multi-family residential dwellings are considered commercial businesses) are subject to the following requirements:

A. Single-family residential dwellings shall be automatically enrolled in city's organic waste collection services with a minimum source separated recyclable materials (blue container) service level of thirty-five gallons per week per dwelling unit, and with a minimum source separated green container organic waste (green container) service level of thirty-five gallons per week per dwelling unit. City, acting through its city manager, shall have the authority to change the minimum required blue container and green container service levels over time. The single-family residential dwelling's blue container and green container service levels must be sufficient for the amount of source separated recyclable materials and source separated green container organic waste generated by the single-family residential dwelling. City shall have the right to review the number, size, and location of a generator's blue and green containers to evaluate adequacy of capacity for each type of collection service for proper separation of materials and containment of materials. Single-family residential dwelling occupants shall adjust their blue and green container service levels as requested by the city.

B. Single-family residential dwelling occupants shall participate in the city's three-container (blue container, green container, and gray Container) collection service by placing designated materials in designated containers as follows:

1. Single-family residential dwelling occupants shall place source separated green container organic waste in the green container;

2. Single-family residential dwelling occupants shall place source separated recyclable materials in the blue container; and

3. Single-family residential dwelling occupants shall place 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. Nothing in this section prohibits single-family residential dwelling occupants 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).

(Ord. 2022-2895, § 2, March 22, 2022)

Commercial businesses (including multi-family residential dwellings) are subject to the following requirements:

A. Subscribe to city's three-container collection services and comply with requirements of those services as described below in Section 7.30.040(B), except commercial businesses that meet the self-hauler requirements in Section 7.30.090 of this chapter. The city shall have the right to review the number, size, and location 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, commercial businesses shall adjust their service level for their collection services as requested by the city.

B. Except for those that meet the self-hauler requirements of this chapter, commercial businesses shall participate in and comply with city's three-container (blue container, green container, and gray container) collection service by placing designated materials in designated containers as follows:

1. Commercial businesses shall place source separated green container organic waste in the green container;

2. Commercial businesses shall place source separated recyclable materials in the blue container; and

3. Commercial businesses shall place 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. Commercial businesses shall supply and allow access to an adequate number, size, and location of collection containers with sufficient labels or colors (conforming with Sections 7.30.040(D)(1) and (D)(2) below), for use by 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 businesses' instructions to support its compliance with its self-haul program, in accordance with Section 7.30.090.

D. Commercial businesses, excluding multi-family residential dwellings, shall provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all areas where disposal containers are provided for customers, except for restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then it is not required to provide that container type. Pursuant to 14 CCR Section 18984.9(b), the containers provided by commercial businesses shall have at least one of the following characteristics:

1. A body or lid that conforms with the container colors provided through the collection service provided by the city. A commercial business is not required to replace non-compliant functional containers purchased prior to January 1, 2022 until the end of their useful life, or January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images, or both, indicating the primary materials 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.

E. Commercial businesses, excluding multi-family residential dwellings, shall prohibit employees from placing materials in a container not designated for those materials consistent with city's blue container, green container, and gray container collection service.

F. Commercial businesses, excluding multi-family residential dwellings, shall periodically inspect blue containers, green containers, and gray containers for prohibited container contaminants, inform employees if contamination is found, and if so, of the required material sorting procedures.

G. Commercial businesses shall annually provide information to employees, contractors, tenants, and customers that describes organic waste recovery requirements and proper sorting of source separated green container organic waste and source separated recyclable materials.

H. Commercial businesses shall provide educational information to new tenants within fourteen days of their occupation of the premises that describes the requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste, and that the location of containers and the rules governing their use on the premises.

I. Commercial businesses shall provide, or arrange for, access to their premises for the city, or its designee, during inspections conducted in accordance with Section 7.30.110 to confirm compliance with the requirements of this chapter.

J. If applicable, commercial businesses shall accommodate and cooperate with city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with Section 7.30.040(B). The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.

K. A Commercial business may, at its option, and subject to any approval required from the city, implement a remote monitoring program, if applicable, 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 or its designee.

L. If a commercial business wants to self-haul, it must meet the self-hauler requirements in Section 7.30.090.

M. Nothing in this chapter prohibits a commercial business from preventing or reducing waste generation, managing organic waste on site, or using a community composting site.

N. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 7.30.060.

(Ord. 2022-2895, § 2, March 22, 2022)

A. De Minimis Waivers. The city may waive a commercial business' obligation (including multi-family 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 Section 7.30.050.A.1 below. Commercial businesses requesting a de minimis waiver shall:

1. Submit an application specifying the services that they are requesting a waiver from and provide document as noted in Section 7.30.050.A.1 below.

2. Provide documentation that either:

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

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

2. Notify the city if any circumstances change such that commercial business's organic waste exceeds thresholds required for waiver, in which case waiver will be rescinded.

3. Provide written verification of eligibility for de minimis waiver every five years, if the city has approved de minimis waiver.

B. Review and Approval of Waivers by City. The city manager or the city manager's designee shall be responsible for review and determination of any waiver submitted to the city for approval.

(Ord. 2022-2895, § 2, March 22, 2022)

A. Pursuant to 14 CCR Section 18991.3, Tier One commercial edible food generators must comply with the requirements of Section 7.30.060 commencing January 1, 2022, and Tier Two commercial edible food generators must comply commencing January 1, 2024.

B. Large venue or large event operators not providing food services, but that allow food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of Section 7.30.060.C, commencing January 1, 2024.

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

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

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

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

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

3. Pursuant to 14 CCR Section 18991.4, shall maintain a record that includes the following information:

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 that the commercial edible food generator has a contract or written agreement with:

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.

4. Pursuant to 14 CCR Section 18995.1(a)(2), shall allow city enforcement officials or designee access to the premises to ensure compliance with this chapter, including the record keeping requirements in Section 7.30.060.C.3.

D. Commercial edible food generators shall provide the city or designee with an annual written food recovery report that includes the information described in Section 7.30.060.C.3, as follows:

1. By August 1, 2022, Tier One commercial edible food generators must provide an initial written annual report for the period of January 1, 2022, through June 30, 2022. Beginning in year 2023, and every year thereafter, Tier One commercial edible food generators must provide written annual reports by March 1 for the period covering the entire previous calendar year.

2. Beginning in year 2025, and every year thereafter, Tier Two commercial edible food generators must provide written annual reports by March 1 for the period covering the entire previous calendar year.

E. Nothing in this section 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, as amended from time to time.

(Ord. 2022-2895, § 2, March 22, 2022)

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators through a contract or written agreement shall maintain the following records:

1. The name, address, and contact information for each commercial edible food generator from which the food recovery 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 through a contract or written agreement shall maintain the following records:

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 are located in the city and contract with or have written agreements with commercial edible food generators shall annually report to city or designee the total pounds of edible food they recovered from commercial edible food generators, as follows:

1. By August 1, 2022, food recovery organizations and food recovery services must provide an initial written annual report for the period of January 1, 2022, through June 30, 2022.

2. Beginning in year 2023, and every year thereafter, food recovery organizations and food recovery services must provide written annual reports by March 1 for the period covering the entire previous calendar year.

D. Food recovery services and food recovery organizations operating in the geographic boundaries of the city shall provide information upon city's or designee's request regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by city and its commercial edible food generators. A food recovery service or food recovery organization shall respond to city's or designee's request for information within sixty calendar days, unless a shorter timeframe is otherwise specified by city or designee.

(Ord. 2022-2895, § 2, March 22, 2022)

A. The franchisee 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. Through written notice to the city annually on or before January 31, 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.

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 the City's Construction and Demolition Debris Diversion Deposit Program Ordinance (Chapter 14.27).

B. Franchisee'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, entered into with city.

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

D. Community composting operators, upon city's or designee's request, shall provide information relating to 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 city or designee shall respond within sixty calendar days, unless a shorter timeframe is otherwise specified by city or designee.

(Ord. 2022-2895, § 2, March 22, 2022)

A. Self-haulers shall comply with the following source separation and waste processing requirements:

1. Self-hauler shall haul comingled wastes that they generate, including organic waste, to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3; or

2. Self-hauler shall source separate all recyclable materials and organic waste that is accepted in city's organic waste and recycling collection program, which is generated on-site, from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2.

a. Self-hauler shall haul their source separated recyclable materials to a facility that recovers those materials; and

b. Self-hauler shall 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, or to a high diversion organic waste processing facility.

B. Self-haulers that meet the requirements of Section 7.30.090(A)(2) must still comply with La Mesa Municipal Code Section 7.20 for the management of gray container waste.

C. Self-haulers that are commercial businesses, including multi-family residential dwellings, shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, property, or high diversion organic waste processing facility that processes or recovers organic waste. This record shall be subject to inspection by city or designee. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste. Notwithstanding the foregoing, 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 waste 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.

2. The amount of material in cubic yards or tons transported by the generator to each entity.

D. A single-family residential dwelling organic waste generator that self hauls organic waste is not required to record or report information in Section 7.30.090(C).

(Ord. 2022-2895, § 2, March 22, 2022)

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 jurisdiction, who are constructing a new (single-family, multi-family, 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 7.30.100 of this chapter.

B. The following 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 Section 14(a) above shall:

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

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

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

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

2. If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires 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 be enforced.

(Ord. 2022-2895, § 2, March 22, 2022)

A. City enforcement officials or designee are authorized to conduct route reviews, waste evaluations, and compliance reviews, as well as inspections and investigations of collection containers, equipment, facilities, activities, and properties subject to this chapter at reasonable times and in a reasonable manner to carry out the purposes of this chapter. If entry for an inspection is refused by an owner, occupant, or agent, an inspection warrant shall be obtained prior to inspection. For the purposes of inspecting commercial business containers for compliance with Section 7.30.040(B) of this chapter, city may, at its option, and if applicable, conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to Section 7.30.040(K) of this chapter.

B. City or designee shall receive written complaints from persons, including anonymous complaints, regarding commercial edible food generators, food recovery services, or food recovery organizations that may be non-compliant with this chapter.

(Ord. 2022-2895, § 2, March 22, 2022)

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

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

C. Notice of violations shall be issued by an enforcement official to the responsible party by personal service, by mail, or posting of property in accordance with La Mesa Municipal Code Chapter 1.07.040. The notice of violation shall include the following information:

1. The name of the person(s) responsible for committing the violation(s);

2. The date of the violation(s);

3. The street address or a definite description of the location where the violation occurred;

4. The code section(s) violated;

5. A description of the violation;

6. An order prohibiting the continuation or repeated occurrence of the described violation(s);

7. The amount of the administrative fine for the violation(s);

8. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

9. A description of the administrative citation appeal process, including the time within which an appeal must be filed;

10. A description of the process by which the city may collect any unpaid fines;

11. A description of the potential consequences should the violator continue or repeat the violation; and

12. The name and signature of the code compliance officer or other authorized agent who issued the administrative citation (the "citing officer").

D. Absent compliance by the respondent within the deadline set forth in a notice of violation, a responsible party is subject to an administrative citation and fine, as follows:

1. Pursuant to 14 CCR Section 18997.2, city shall issue administrative citations and fines to commercial edible food generators, food recovery services and food recovery organizations that remain non-compliant with this chapter despite issuance of a notice of violation.

2. City has discretion to issue administrative citations and fines against any other entities that remain non-compliant with this chapter despite issuance of a notice of violation.

3. Administrative citations shall be issued by an enforcement official in accordance with Chapter 1.07 of the La Mesa Municipal Code.

E. The following administrative fine amounts for administrative citations for violations of this chapter are in accordance of the La Mesa Municipal Code Chapter 1.07.020 as follows:

1. An administrative fine in an amount not to exceed two hundred dollars for the first violation;

2. An administrative fine in an amount not to exceed four hundred dollars for the second violation of the same provision within a twelve-month period commencing on the date of the first violation; and

3. An administrative fine in an amount not to exceed one thousand dollars for the third and any subsequent violation of the same provision within a twelve-month period commencing on the date of the first violation.

(Ord. 2022-2895, § 2, March 22, 2022)

This chapter shall be effective beginning on April 21, 2022.

(Ord. 2022-2895, § 2, March 22, 2022)