La Puente Municipal Code Part 10 SB 1383 Compliance Regulations

*Effective January 1, 2022 - Any conflict as of the effective date with the other existing parts of the Municipal Code will be resolved in favor of this regulation.

(a) All single-family organic waste generators:

(1) Shall be automatically enrolled in the city's three- container organic waste collection services with a minimum source separated recyclable materials service level of 35 gallons per week and with a minimum source separated green container organic waste service level of 35 gallons per week, approved by the Public Works Director. The city shall have the authority to change these minimum required levels of service over time. The city or its designee shall have the right to review the number, size, and location 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, generator shall adjust its service level for its collection services as requested by the city and/or its designee.

(2) Shall participate in the city's three-container system for source separated recyclable materials, source separated green container organic materials, and gray container waste collection services. Generator participation in the collection programs requires that generators 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.

(3) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c). (Ord. 976 § 2, 2021)

(a) Commercial businesses, which includes multi- family residential dwellings, shall:

(1) Except commercial businesses that meet the self- hauler requirements of this ordinance, be automatically enrolled in the city's two-container organic waste collection services and with a source separated green container organic waste service level of 65 gallons, approved by the Public Works Director. The city or its designee shall have the authority to change the minimum required service levels over time. The commercial business' source separated green container organic waste service level must be sufficient for the amount of source separated green container organic waste generated by the commercial business. The city or its designee 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 business shall adjust its service level for its collection services as requested by the city.

(2) Except for commercial businesses that meet the self-hauler requirements of this ordinance, participate in and comply with the city's two-container (green container, and gray container) collection service by placing designated materials in designated containers as described below. Generator shall place source separated green container organic waste, including food waste, in the green container; and gray container and blue container waste in the gray container. Generators shall not place materials designated for the gray container into the green container.

(3) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with Section (4) (A) and (4) (B) below), for employees, contractors, tenants and customers, consistent with city's blue container, green container, and gray container collection service.

(4) Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste, 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:

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

ii. Container labels that include language or graphic images or both indicating the primary material accepted and the primary materials prohibited in that container or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labels are required on new containers commencing January 1, 2022.

(5) Excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's organic waste, non-organic recyclables, and non-organic waste collection service to the extent practical through education, training, inspection, and/or other measures.

(6) Excluding multi-family residential dwellings, quarterly inspect and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR 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 source separated green container organic waste.

(8) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.

(9) Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with Section 4.12.413 of this ordinance to confirm compliance with the requirements of this ordinance.

(10) Accommodate and cooperate with city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with these regulations. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers, as applicable.

(11) At commercial business' option and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and gray containers, as applicable, 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, as applicable, subject to written notification to an approval by the city or its designee.

(12) If a commercial business wants to self-haul, meet the self-hauler requirements in Section 4.12.660 of this ordinance.

(13) 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).

(14) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to the provisions of this Code. (Ord. 976 § 2, 2021)

(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 ordinance if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in Section 4.12.620(a)(2) below. Commercial businesses requesting a de minimis waiver shall:

(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 4.12.620(a)(2) below.

(2) Provide documentation that:

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

C. 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.

D. Provide written verification of eligibility for de minimis waiver every 5 years, 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 organic waste collection service requirements if the city has evidence from the 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 section.

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

A. Submit an 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 green containers including documentation from its hauler, licensed architect, or licensed engineer.

C. Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has approved application for a physical space waiver.

(2) Review and approval of waivers by the city.

(Ord. 976 § 2, 2021)

(a) Tier one commercial edible food generators must comply with the requirements of this Section 4.12.630 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 the 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 February 1, 2023 for tier one commercial edible food generators and February 1, 2025 for tier two commercial edible food generators, provide an annual food recovery report to the city that includes all records required in Section 4.12.630(c) (5) of this ordinance. In addition, please include the amount and type of edible food that was not accepted by food recovery organizations or services for donation.

(d) Nothing in this ordinance 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. 976 § 2, 2021)

(a) Effective January 1, 2022, 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) Effective January 1, 2022, 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 shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).

(d) Effective January 1, 2022, food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city it is located in the total pounds of edible food recovered and the amount and type of edible food not accepted by food recovery organizations and food recovery services 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 each February 1st.

(e) Food recovery capacity planning, effective January 1, 2022

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

(Ord. 976 § 2, 2021)

(a) Effective January 1, 2022, 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) Through written notice to the city annually on or before January 31st, identify the facilities to which they 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.

(b) Effective January 1, 2022, 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. 976 § 2, 2021)

(a) Effective January 1, 2022, owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the city's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.

(b) Effective January 1, 2022, community composting operators, upon the city's request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days.

(Ord. 976 § 2, 2021)

(a) Effective January 1, 2022, all self-haulers shall source separate all recyclable materials and organic waste (materials that city otherwise requires generators to separate for collection in the city's organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR 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 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, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:

(1) Delivery receipts and weight tickets from the entity accepting the waste.

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

(3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

(d) Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in this section to the city each quarter. The due date shall be 30 days after the end of each quarter.

(e) A residential organic waste generator that self hauls organic waste is not required to record or report information in this section.

(Ord. 976 § 2, 2021)

(a) All projects within the city shall be considered covered projects and shall meet the diversion requirement and comply with all provisions of this chapter. For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on a single or adjoining parcel, as determined by the compliance official, shall be deemed a single project.

(b) All projects undertaken by the city shall be considered covered projects and shall meet the diversion requirement and comply with all provisions of this chapter. The city or its designee shall submit a WMP to the compliance official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this chapter.

(c) Demolition-only projects within the city shall be considered covered projects and shall comply with this chapter.

(Ord. 976 § 2, 2021)

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

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

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

(1) Where five (5) or more multi-family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three- or two-container collection program offered by the city, or comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

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

(3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with the city's C&D ordinance, Section 4.13 of the city's Municipal Code, and all written and published city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

(Ord. 976 § 2, 2021)

(a) Effective January 1, 2022 city representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this ordinance by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with Section 4.12.610(a)(2) of this ordinance, city may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to Section 4.12.610(a)(11) of this ordinance.

(b) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment; or (ii) access to records for any inspection or investigation is a violation of this ordinance and may result in penalties described.

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

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

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

(c) Enforcement.

(1) Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a city enforcement official or representative. Enforcement actions under this ordinance 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 ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.

(2) 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.

(3) Responsible entity for enforcement.

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

ii. Enforcement may also be undertaken by a regional or county agency enforcement official, designated by the city, in consultation with the city enforcement official.

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

B. City enforcement official(s) may issue Notices of Violation(s).

(4) Process for enforcement.

i. City enforcement officials and/or their designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Section 4.12.680 establishes city's right to conduct inspections and investigations.

ii. The city may issue an official notification to notify regulated entities of its obligations under the ordinance.

iii. For jurisdictions assessing contamination processing fees/penalties. For incidences of prohibited container contaminants found in containers, the city and/or designee will issue a Notice of Violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within 14 days after determining that a violation has occurred. If the city and/or their designee observes prohibited container contaminants in a generator's containers on more than three (3) consecutive occasion(s), the city and/or their designee may assess contamination processing fees or contamination penalties on the generator.

iv. With the exception of violations of generator contamination of container contents addressed under Section 4.12.680(b)(4)(iii), the city and/or their designee shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.

v. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the Code enforcement official(s) and/or their designee shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the city's Municipal Code Section 1.12.050. These requirements are also contained in Section 6.9-114(k), Table 1, List of Violations.

Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information

(5) Penalty amounts for types of violations. The penalty levels are as follows:

i. For a first violation, the amount of the base penalty shall not exceed $100 per violation.

ii. For a second violation, the amount of the base penalty shall not exceed $200 per violation.

iii. For a third or subsequent violation, the amount of the base penalty shall not exceed $500 per violation.

(6) Factors considered in determining penalty amount.

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

ii. The violator's ability to pay.

iii. The willfulness of the violator's misconduct.

iv. Whether the violator took measures to avoid or mitigate violations of this chapter.

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

vi. The deterrent effect of the penalty on the violator.

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

(7) Compliance deadline extension considerations. The city may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 6.9-114 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

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

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

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

(8) Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with the city's procedures in the city's codes for appeals of administrative citations. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order.

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

(10) Civil penalties for non-compliance. Beginning January 1, 2024, if the city determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take enforcement action pursuant to 4.12.680, as needed.

(Ord. 976 § 2, 2021)