Larkspur Municipal Code Ch. 6.08 Solid Waste

Sections: 6.08.010 Purpose and Intent. 6.08.020 Definitions. 6.08.030 Prohibited Accumulation and Disposal. 6.08.040 Transportation of Solid Waste. 6.08.050 Solid Waste Collection Service Requirements. 6.08.060 Unauthorized Removal and Ownership of Recyclable and Organic Materials. 6.08.070 Right to Divert Recyclable and Organic Materials. 6.08.080 Storage. 6.08.090 Collection Containers Requirements. 6.08.100 Commercial Generator Requirements. 6.08.110 Tampering Prohibited – Ownership of Solid Waste. 6.08.120 Collection Intervals and Schedule. 6.08.130 License or Contract. 6.08.140 Responsibilities of Authorized Collector.

6.08.150 Rates. 6.08.160 Waivers. 6.08.170 Self-Hauler Requirements. 6.08.180 Commercial Edible Food Generator Requirements. 6.08.190 Food Recovery Organization and Food Recovery Services Requirements. 6.08.200 Inspections. 6.08.210 Violations and Penalties.

Prior ordinance history: Ords. 279, 310, 374, 396, 496, 499, 558, 609, 632, 664, 852, 927, 1030.

A. Purpose. The purpose of this chapter is to prevent actual or potential public health hazards and nuisance within the City of Larkspur (City), Marin County, State of California, by regulating the accumulation, collection and disposal of solid waste, and to provide for the licensing and responsibilities of persons engaged therein. It is hereby declared to be in the public interest that the accumulation, storage, and disposal of all such materials be handled in such a manner as to prohibit the harboring and breeding of rodents and insects, to reduce pollution of the air caused by burning, fermentation or putrefaction of such materials, to prevent the spread of disease, to reduce the hazards of fire, and to prevent unsightliness resulting in the depreciation of property values and the comfortable enjoyment of life.

B. Intent. It is further the intention of the City by this chapter to provide for the reduction, recycling, and resource recovery of solid waste generated within the City to the maximum extent feasible and as required by state law. Therefore, this chapter establishes and includes a recyclable materials and organic materials collection service program for all persons in the City for the purpose of providing for the orderly and regular collection of recyclable materials and organic materials. (Ord. 1056 § 2 (Exh. A), 2022)

As used in this chapter:

“Act” means the California Integrated Waste Management Act of 1989 (commencing with Section 40000 of the Public Resources Code), as amended, including, but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.

“Authorized collector” means such persons, firms or corporations providing collection services under a contract or franchise agreement with the City.

“Bulky waste” means large items of solid waste such as appliances (white goods), e-waste (except for universal waste), furniture, tires, carpets, mattresses and similar large items, large auto parts, trees, branches, stumps, and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing, or disposal methods. It does not include abandoned vehicles or household hazardous waste.

“CCR” means the 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).

“City Manager” means the City Manager of the City of Larkspur, or their designee, which may include City employees.

“Collection services” or “solid waste collection services” means the collection, transportation, storage, transfer, processing and/or disposal of solid waste originating in the City by an authorized collector.

“Commercial business” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily dwelling that consists of five (5) or more dwelling units is commercial for the purposes of compliance with the requirements of this chapter.

“Commercial edible food generator” means a tier one or a tier two commercial edible food generator as defined in 14 CCR Sections 18982(a)(73) and (a)(74). Food recovery organizations and food recovery services are not commercial edible food generators.

“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 (1) time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined by 14 CCR Section 18982(a)(8).

“Compost” means a mixture that consists largely of decayed organic matter and is used for fertilizing and conditioning land.

“Composting” means the process of controlled biological decomposition of organic waste.

“Construction and demolition debris” or “C&D” means used or discarded materials resulting from construction, renovation, remodeling, repair, demolition, excavation or construction cleanup operations on any pavement or structure.

“Container” or “collection container” means, for the purpose of this chapter, any bin, box or cart used for the purpose of holding source separated solid waste for collection.

“Debris box” means any ten (10) to forty (40) cubic yard container, or any compactor provided by a solid waste generator, placed in the public right-of-way, on City property, private property, or elsewhere in the service area, which is procured by a solid waste generator for their use in the collection of their solid waste. Debris boxes are serviced by means of lifting the entire container, including all contents, onto a designated collection vehicle.

“Designated collection location” means the place where an authorized collector has contracted with either the local governing body or a private entity to pick up solid waste. This location will customarily be the curbside of a residential neighborhood or the service alley of a commercial enterprise.

“Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, authorized collector, private entity, or a combination of those entities.

“Disposal” means the final disposition of solid waste at a solid waste facility permitted for disposal.

“Diversion” means activities reducing or eliminating the amount of solid waste from solid waste disposal, and which return these materials to use in the form of raw materials for new, reused, or reconstituted products, which meet the quality standards necessary for commercial use, or for other purposes of reuse.

“Dwelling unit” means one (1) or more rooms with internal access between all rooms, which provide complete independent living facilities for at least one (1) family, including provisions for living, sleeping, eating, cooking, bathing, and sanitary facilities. Cooking facilities for purposes of this chapter shall be defined as any combination of the following: sink, refrigerator, cupboard and/or storage, stove, oven (including microwave and convection).

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

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

“Exempt waste” means biohazardous or biomedical waste, hazardous waste, medical waste, regulated radioactive waste, waste that is volatile, corrosive, or infectious, waste treatment or processing sludge, contaminated soil and dirt, contaminated concrete, contaminated asphalt, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, any matter or materials which are not acceptable for disposal at a solid waste landfill as defined in AB 939 and subsequent legislation, and those wastes under the control of the Nuclear Regulatory Commission.

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

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

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

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

“Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter.

“Food waste” means food scraps and trimmings and other putrescible waste that result from food production, preparation, cooking, storage, consumption or handling. Food waste includes but is not limited to meat, fish and dairy waste, fruit and vegetable waste and grain waste. Food waste does not include exempt waste.

“Garbage” means all nonrecyclable packaging and putrescible waste generated on any premises within the City. Garbage does not include recyclable materials, organic materials, debris from construction and demolition, large items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste.

“Generator” means a person or entity that is responsible for the initial creation of solid waste, including commercial and residential.

“Hauler” means a person who collects material from a generator and delivers it to a reporting entity, end user, or a destination outside of the state. “Hauler” includes public contract haulers, authorized collectors, food waste self- haulers, and self-haulers. A person who transports material from reporting entity to another person is a transporter, not a hauler.

“Inspection” means a site visit where the City, its designee or the authorized collector, reviews records, containers, and an entity’s collection, handling, recycling, or disposal of solid 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).

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

“Person” means any person or persons, firm, association, corporation, or other entity acting as principal, agent or officer, servant or employee, for themselves or for any other person, firm, or corporation.

“Premises” includes a tract or parcel of land with or without habitable buildings or appurtenant structures. For purposes of this chapter the word “premises” includes residential and commercial uses of the land, whether owned, leased, rented or subrented, including every dwelling house, dwelling unit, apartment house or multiple- dwelling building, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, office building, department store, manufacturing, processing or assembling shop or plant, warehouse and every other place or premises where any person resides, or any business is carried on or conducted within the City.

“Prohibited container contaminants” means (1) discarded materials placed in the designated recyclables container that are not identified as acceptable source separated recyclables for the designated recyclables collection container; (2) discarded materials placed in the designated organic materials collection container that are not identified as acceptable source separated organic materials for the designated organic materials collection container; and (3) discarded materials placed in the garbage container that are acceptable source separated recyclables and/or source separated organic materials to be placed in designated organic materials collection container and/or designated recyclables collection container; and (4) exempt waste placed in any container.

“Recyclable (source separated) materials” means any material designated to be separated from the waste stream for purposes of recycling. This designation shall be made by the City and the authorized collector in accordance with the franchise agreement. Recyclable materials are currently limited to paper, glass, cardboard, plastics, ferrous metal, and aluminum.

“Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become garbage and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201.

“Residential” means, for the purposes of this chapter, any premises consisting of between one (1) and four (4) dwelling units, and on-site domestic uses accessory to these dwelling units. A multifamily dwelling that consists of fewer than five (5) dwelling units is residential, for the purposes of this chapter.

“Resource recovery” means the reclamation or salvage of wastes for reuse, conversion to energy or recycling.

“Self-haul” means a person who hauls solid waste, organic waste or recovered material they have generated to another person. A self-hauler also includes a person who back-hauls waste as defined in 14 CCR Section 18982(a)(66). “Back-haul” means generating and transporting organic materials to a destination owned and operated by the generator using the generator’s own employees, vehicles and equipment, or as otherwise defined in 14 CCR Section 189881(a)(66)(A).

“Solid waste” has the same meaning as defined in Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid and semisolid wastes, including garbage, recyclable materials, organic materials, demolition and construction wastes, bulky waste, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes with the exception that solid waste does not include any of the following wastes: (1) hazardous waste, as defined in the Public Resources Code Section 40141, (2) radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code), and (3) medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Recyclable materials and organic materials are a part of solid waste.

“Solid waste facility” means a solid waste transfer or processing station including material recovery facilities, a composting facility, a gasification facility, a transformation facility, an engineered municipal solid waste conversion facility, and a disposal facility. Solid waste facility also includes a solid waste operation that may be carried out pursuant to an enforcement agency notification, as provided in regulations adopted by CalRecycle, or otherwise set forth in the Act.

“Source separate” means the process of removing recyclable materials and organic materials from solid waste at the place of generation, prior to collection, and placing such materials into separate containers designated for recyclable materials and organic materials, or as otherwise defined in 14 CCR Section 17402.5(b)(4).

“Tier one commercial edible food generator” means a commercial edible food generator that is one (1) of the following as defined in 14 CCR Section 18982(a):

1. Supermarkets with gross annual sales of two million dollars ($2,000,000.00) or more;

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

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

4. “Wholesale food vendor,” which 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;

5. “Food distributor,” which means a company that distributes food to entities including, but not limited to,
supermarkets and grocery stores.

“Tier two commercial edible food generator” means a commercial edible food generator that is one (1) of the following as defined in 14 CCR Section 18982(a):

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

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

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

4. Large venue, which means a permanent venue facility that annually seats or serves an average of more
than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue
facility. For purposes of this chapter, a venue facility includes, but is not limited to, a public, nonprofit, or
privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center,
zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other
public attraction facility. For purposes of this chapter, a site under common ownership or control that
includes more than one (1) large venue that is contiguous with other large venues in the site is a single large
venue;

5. Large event, which means an event, including, but not limited to, a sporting event or a flea market, that
charges an admission price, or is operated by a local agency, and serves an average of more than two
thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to,
a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when
being used for an event;

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

7. A local education agency facility with an on-site food facility. “Local education agency” means a school
district, charter school, or county office of education that is not subject to the control of City or county
regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40). (Ord. 1056 § 2 (Exh.
A), 2022)

A. General. It shall be unlawful for any person to keep, deposit, bury, burn, or dispose of any solid waste, except as provided in this chapter, in or upon any private property, public street, alley, sidewalk, gutter, park or upon the banks of or within any stream or creek in said City, or in or upon any of the waters thereof. Therefore, it is the intent of the City that every person residing or conducting business in this City shall dispose of solid waste only in the manner provided in this chapter through the authorized collector of said City. Nothing in this chapter shall prevent a generator from making occasional disposals at an authorized disposal site in addition to their regular weekly service, including by self-hauling or utilizing a temporary debris box service consistent with this chapter.

B. Dumping or Burying. No person shall dump, place or bury in any lot, land or street or alley within the City any solid waste, except for at a solid waste facility properly permitted under the Act. Under no circumstances whatsoever shall recyclable materials be dumped, placed, or buried, as above. This section shall not be construed to prohibit individuals from composting organic matter provided the composting is not conducted in a manner constituting a nuisance.

C. Accumulation. No person owning or occupying any building, lot or premises within the City shall allow any solid waste to accumulate or remain in or upon said building, lot or premises in a manner that creates a public nuisance. The owner of any premises, business establishment, industry, or other property, vacant or occupied, shall be responsible for the safe and sanitary storage of all solid waste accumulated on the property. Collection containers shall be filled in a manner that prevents the contents from overflowing and allows the cover to fit securely. Collection containers for solid waste shall be of an adequate size and of sufficient numbers to contain, without overflowing, all the solid waste that a person or premises generates between periods of collection or disposal. It shall be the responsibility of the owner of any building, lot, or premises to notify the authorized collector promptly when necessary to increase solid waste collection service to prevent solid waste from overflowing existing containers. The City shall have the right to review the number and size of such collection containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation and containment of materials. If the City Manager determines that inadequate service causes a public nuisance or health problem upon any premises, the City Manager may require the owner, occupant or manager of the premises to increase collection service from the authorized collector immediately upon notice. The authorized collector shall increase collection service immediately upon notice.

D. Burning. No person shall burn solid waste within the City. (Ord. 1056 § 2 (Exh. A), 2022)

No person shall move, convey or transport or cause or permit to be moved, conveyed or transported any solid waste upon or along any public street or alley or other public place in the City; provided, however, the provisions of this section shall not apply to any person conveying solid waste collected outside the City, nor to any person employed by the City who shall be assigned to the work of solid waste removal while acting within the scope of their employment or to an authorized collector or to any employee of such authorized collector during such time as such franchise agreement shall be in force. Nor shall this section be deemed to prohibit an individual from exercising their rights as described in Larkspur Municipal Code Sections 6.08.030(A), 6.08.070, and 6.08.170, and which authorize occasional disposals at authorized disposal sites. (Ord. 1056 § 2 (Exh. A), 2022)

A. Obligation of Disposal. Except as otherwise permitted by this chapter, every generator within the City shall subscribe for solid waste collection services with the authorized collector and shall pay said authorized collector for said collection services at the rates provided therefor. Failure of receipt of a bill does not obviate responsibility for payment. In each instance, the property owner shall be primarily responsible for the payment of the charges provided for herein.

B. Payment by City for Continued Service. If all payments are not made when due for six (6) consecutive months or for any six (6) months in a twelve (12) month period, and after reasonable efforts to collect them have failed, the authorized collector shall so notify the City in writing, showing the total delinquency and a summary of the efforts made to collect. The City shall thereafter notify the owner of the property of the delinquency by first class mail, postage prepaid, and by certified mail with return receipt requested. The notice shall demand that all delinquent payments be paid immediately and provide notice that, if not paid, the City will order the authorized collector to resume regular service, pay the charges therefor, and collect the amount paid from the property owner in any lawful manner, except that the City shall not place a lien upon the real property on which the premises are located.

C. Recovery of City’s Costs of Continuing Service. In the event the City is compelled to proceed pursuant to subsection (B) of this section, a cost charge established by resolution of the City Council will be added for each month or part of a month that collection in this manner is necessary, which charge shall continue until the owner pays all the delinquent charges, plus the costs, and resumes normal garbage collection with payments therefor. The monthly cost charge established by resolution of the City Council shall be retained by the City for the costs of assuring that garbage does not accumulate on the property, to the detriment of the public health, safety, and welfare. Any cost or expense incurred by the City to enforce the provisions of this chapter shall be, and the same is hereby ordered to be, collected in the same manner as set forth above. Property liens shall not be used for recovery of City costs. (Ord. 1056 § 2 (Exh. A), 2022)

Materials.

A. No person, other than the authorized collector or the City, shall remove source separated recyclable or organic materials placed at the designated collection location for solid waste collection services.

B. From the time the recyclable and organic materials are placed at the designated collection location for solid waste collection services, the recyclable materials and organic materials are the property of the authorized collector. (Ord. 1056 § 2 (Exh. A), 2022)

A. Nothing in this chapter limits the right of any person to donate, sell, or otherwise divert their recyclable materials or organic materials.

B. Nothing in this chapter prohibits a generator from preventing or reducing waste generation, or managing organic waste on site; provided, that such conforms to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.

C. Organic materials may be used in on-site composting, community composting, or other composting operation, pursuant to 14 CCR Section 18984.9(c); provided, that such operation conforms to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated. Organic materials may be fed to animals on the premises where such organic materials are produced; provided, that the premises are always kept in a sanitary condition to the satisfaction of the City Manager; and provided further, that the keeping and feeding of such animals shall at all times conform to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated. (Ord. 1056 § 2 (Exh. A), 2022)

The property owner or occupant shall store solid waste on their property or premises or shall require it to be stored or handled in such manner so as not to promote the propagation, harborage or attraction of vectors or the creation of nuisance. (Ord. 1056 § 2 (Exh. A), 2022)

A. It shall be the duty of every generator within the City to store all solid waste, except material set aside for composting, in the authorized collector’s designated collection containers. Each residential premises shall be required to have at minimum weekly solid waste collection services. Except in the case of multifamily dwellings defined as commercial for the purpose of this chapter, no two (2) or more dwelling units shall use the same collection container except with the permission of the authorized collector. It shall be unlawful to place, or permit to remain, any solid waste subject to decay except in a suitable covered collection container, as set forth herein. The specific nature of said collection containers shall be established as from time to time approved by this City and authorized collector. It is further the duty of the authorized collector to provide suitable and sufficient collection containers, without expense to the City, and each generator to utilize said collection containers provided by the authorized collector for receiving and holding without spillage and/or leakage all solid waste materials to be collected.

B. Subscribers, including residential and commercial subscribers, shall arrange from the authorized collector for a size, quantity and collection frequency of collection containers to adequately store all solid waste generated in connection with the premises between the times designated for collection service. The City shall have the right to review the number and size of such collection containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the City Manager in order to meet the standards set forth in this chapter.

C. Each generator subscribed to collection services shall place source separated organic materials, including food waste, in the organic materials collection container; place source separated recyclable materials in the recyclable materials collection container; and place garbage in the approved garbage collection container. Generators shall not place prohibited container contaminants into the garbage collection container, organic materials collection container or recyclable material collection container. A mandatory obligation is imposed on each generator to separate and recycle all recyclable material and organic materials from the garbage generated on the premises.

D. No collection containers other than those owned or rented by the City or authorized collector shall be placed or kept in or on any public street, sidewalk, footpath, or any public place whatsoever, but shall be maintained on the premises except as may be provided for removing and emptying by the authorized collector on the day(s) and in the location designated for collection.

E. It shall be unlawful for any person to place or cause to be placed in any public receptacle owned or rented by the City, and located upon public streets or in public places, any solid waste originating within or from any private property, excluding casual use.

F. Each collection container and its cover shall be kept clean, and the cover shall not be removed except to place solid waste therein or to empty the same. The authorized collector will maintain or replace collection containers as needed. (Ord. 1056 § 2 (Exh. A), 2022)

A. Each commercial generator shall ensure the proper separation of solid waste generated on such premises, as required by the authorized collector, by placing each type of material in designated collection containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site follow source separation requirements related to solid waste as required by the authorized collector. Each commercial generator, except for multifamily dwellings, shall prohibit employees from placing materials in a container not designated for those materials, and shall periodically inspect containers for organic waste and inform employees of requirements to ensure such containers are only used for organic waste.

B. Each commercial generator shall supply an adequate number, size, and location of collection containers with sufficient labels or colors designating the appropriate material for deposit in accordance with source separation requirements of the authorized collector for the employees, contractors, tenants, and customers of the commercial premises or, if self-hauling, per the commercial premises’ instructions to support its compliance with its self-haul program.

C. Each commercial generator shall annually provide information to employees, contractors, tenants, and customers about organic materials recovery requirements and about proper sorting of solid waste.

D. Each commercial generator shall provide educational information within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated organic materials and source separated recyclable materials separate from garbage and the location of collection containers and the rules governing their use at each property.

E. Each commercial generator shall provide or arrange for access during all inspections and investigations and cooperate with the City Manager or designee during such inspections and investigations. Each commercial generator shall cooperate with the authorized collector’s monitoring program for inspection of the contents of containers for prohibited container contaminants to evaluate generator’s compliance.

F. Each commercial generator, except for multifamily dwellings, shall provide containers meeting the requirements of 14 CCR Section 18984.9 for the collection of source separated organic materials and source separated recyclable materials in all indoor and outdoor areas where garbage disposal containers are provided for customers, for materials generated on site. Such containers do not need to be provided in restrooms. If a commercial generator does not generate any of the materials that would be collected in one (1) type of collection container, then it is not required to provide that type of container in all areas where disposal collection containers are provided for customers.

1. Pursuant to 14 CCR Section 18984.9(b), the collection containers shall have either:

a. A body or lid that is gray or black for collection of garbage, split body cart/lid (blue) for collection of
recycling, and green for collection of organic materials. A commercial generator is not required to
replace functional containers, including containers purchased prior to January 1, 2022, that do not
comply with the requirements of this subsection prior to the end of the useful life of those containers, or
prior to January 1, 2036, whichever comes first.

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

G. Commercial generators that are commercial edible food generators shall comply with commercial edible food generator requirements of this chapter.

H. If a commercial generator self-hauls, the commercial generator shall meet the self-haul requirements of this chapter.

I. Nothing in this chapter 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). (Ord. 1056 § 2 (Exh. A), 2022)

A. Tampering. No person shall tamper with, modify, remove from or deposit solid waste in any container which has not been provided for their use, without the permission of the collection container owner. Nor shall any person tamper with any collection container or solid waste on any premises, or collect, remove or dispose of the same, other than by the manner specified in this chapter.

B. Ownership of Solid Waste Materials. Solid waste subject to collection by the authorized collector shall become the property of the authorized collector subject to this chapter after such time as said authorized collector takes possession of the wastes, or as provided for source separated recyclable or organic materials in Larkspur Municipal Code 6.08.060. (Ord. 1056 § 2 (Exh. A), 2022)

A. Collection Intervals. All solid waste accumulated at any business place, private living unit or residence shall be collected at regular intervals of at least once each week, except that from any place which has solid waste from which foul odors arise, or which is a menace to public health, such solid waste shall be collected at such intervals as necessary for proper sanitation. For the purposes of this chapter, any dwelling unit with cooking facilities, and which is occupied more than four (4) days per month, shall be considered to produce solid waste. Nothing in this chapter shall be deemed to prohibit the removal and hauling by any person of materials ordered by the City or designee to be removed upon the ground that the same constitute a health menace, fire hazard, or public nuisance.

B. Collection Schedule. Solid waste shall be collected as provided by this chapter at regular intervals on a schedule established by the authorized collector and approved by the City. Said schedule may be changed from time to time if deemed necessary by the authorized collector and/or the City. (Ord. 1056 § 2 (Exh. A), 2022)

A. Franchise Agreement. The City may, after a duly noticed public hearing, with or without having invited bids therefor, enter into a franchise agreement with any responsible person, firm or corporation for the collection, removal, or disposal of solid waste accumulated within the City. The term of said franchise agreement, rates of collection, and other provisions of the franchise agreement shall be as provided by resolution of the governing body of the City. Where such a contract has heretofore been or hereafter is entered into between City and an authorized collector for the collection, removal and disposal of solid waste, and said authorized collector shall have satisfactorily performed such franchise agreement, the City may, after a duly noticed public hearing, without inviting bids or proposals therefor, either prior to or after the expiration of such franchise agreement, extend or renew the same for such a period and on such terms and conditions as the City shall provide by resolution.

B. Service. Unless otherwise authorized by City, the authorized collector must provide not less than weekly solid waste pickup service to all persons situated within the areas specified in such franchise agreement, provided payment for such service is made. The service shall be provided in a competent, efficient, clean and courteous manner.

C. Minimum Provisions. The provisions of this chapter shall be the minimum requirements for the protection of the public health, safety, convenience and general welfare.

D. Authorized Collector. The authorized collector, in accordance with this chapter, shall be considered as and shall be an independent contractor and shall be responsible to the City for the result of the work to be done, but shall act under their own directions as to the manner of performing the work.

E. Exclusive Right. An award of such contract shall confer upon the person or entity to whom the contract is awarded the exclusive right as authorized collector hereunder, during the term of the contract, to collect, transport and dispose of all solid waste collected within the City. All provisions of this chapter applicable to the authorized collector shall constitute and be a part of any contract awarded hereunder; provided, however, that such exclusive right shall not mean that debris box service for construction and temporary cleanup purposes cannot be provided by persons other than the designated authorized collector unless the franchise agreement awarded hereunder shall so state.

F. Exceptions. With the exception that the sanitary requirements of this chapter must be complied with, the provisions hereof shall not apply to persons collecting dead animals, bones, or meat scraps for tallow plants or medical wastes. (Ord. 1062 § 14, 2022; Ord. 1056 § 2 (Exh. A), 2022)

A. Regulations. Except as otherwise permitted by this chapter, e.g., occasional use, it shall be unlawful for any person to collect or carry solid waste through the streets of the City without first having entered into a contract or obtained a permit from the City to do so. The authorized collector shall not permit any solid waste to fall or remain on any public street or private premises in the City, shall close all gates used by it in collection service, and shall operate as quietly as the circumstances allow. Collection and transportation equipment shall be maintained and utilized consistent with all applicable laws. The authorized collector shall further abide by any and all applicable laws and the regulations and orders of the County Health Department or Officer, and ordinances and general regulations of the City, now or hereafter adopted.

B. Periodic Service. Unless otherwise authorized by City, or by state law, the authorized collector shall provide not less than weekly service to each owner, resident or tenant within the City. The authorized collector may terminate service to any owner, resident or tenant for nonpayment of the established rates if not fully paid for a period of two (2) months from and after the date such payment is due. Prior to termination of such service, the authorized collector shall notify City and customer, in writing, of the proposed date of termination and the reason therefor. Such notice shall be given by the authorized collector to City no less than ten (10) days prior to the date of termination of service. The customer may request temporary suspension of service if the premises are to be vacated for a reasonable period of time, to be not less than two (2) weeks and to occur no more than three (3) times in a one (1) year period. The customer is also required to provide the authorized collector with a resumption date for service.

C. Recycling. Authorized collector shall provide for the maximum feasible diversion of waste from the waste stream and shall provide for the recycling, resource recovery, and reuse of materials with economically viable markets. The authorized collector shall provide the City with diversion rate reports at appropriate intervals consistent with all applicable law. The authorized collector shall further disseminate to all property owners, occupants and tenants current information and educational materials regarding solid waste management, resource recovery and recycling diversion.

D. Liability. The authorized collector and the City shall be exempt from responsibility and liability for tampering or misuse of any items left at curbside for collection and/or recycling should spillage or other mishap occur prior to possession by authorized collector. Once the authorized collector takes possession of the solid waste, the authorized collector then assumes responsibility and liability.

E. Assignment. Neither the franchise agreement nor any part thereof shall be assigned, either voluntarily or by operation of law, except upon the consent expressed by a resolution of the City.

F. Termination. If the authorized collector fails, refuses or neglects to comply with the terms of the franchise agreement or of any laws, ordinances or regulations above referred to, for a period of thirty (30) days after being notified in writing to do so by the legislative body of the City, then, after hearing upon not less than ten (10) days’ written notice to the authorized collector, the City shall be entitled to terminate the contract.

G. SB 1383 Requirements. As a condition of approval of a franchise agreement with the City, an authorized collector shall:

1. Through written notice to the City annually on or before January 1, 2022, identify the facilities to which
they will transport organic materials including facilities for source separated recyclable materials and source
separated organic materials.

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

3. Obtain approval from the City to haul organic materials, unless it is transporting source separated
organic materials to a community composting site or lawfully transporting construction and demolition debris
in a manner that complies with 14 CCR Section 18989.1. (Ord. 1056 § 2 (Exh. A), 2022)

A. Charge for Service. A charge shall be collected by the authorized collector at rates to be established between the City and the authorized collector, said rates to be subject to change upon approval of an agreement between the City and said authorized collector. The property owner is responsible for all charges for solid waste removal, including recyclable materials. Said rates shall provide to the authorized collector a fair and reasonable compensation and return.

B. Payment of Rates. It shall be unlawful for any person to refuse to pay the rates fixed for the collection of solid waste. Nonpayment may result in cessation of service, a violation punishable by law. Except as otherwise permitted by this chapter, it shall be unlawful for any person to dispose of solid waste from premises owned, occupied, or leased by said person other than by and through the authorized collector.

C. Disputed Rates. In any case where a dispute shall arise as to the rate or amount to be paid to the authorized collector, the City shall have the power of final determination of such dispute, and both the authorized collector and the owner, resident or tenant shall be bound thereby. In no event shall City be obligated in any way to the authorized collector or any owner, resident or tenant for the collection of disputed accounts. (Ord. 1056 § 2 (Exh. A), 2022)

A. General. The City Manager or designee may grant waivers of organics collection requirements under this chapter to a commercial businesses based on physical space limitations and/or de minimis volume generated at such commercial business. Commercial businesses seeking a waiver shall submit their request in a form specified by the City Manager or designee. After reviewing the waiver request, and after an on-site review, if applicable, the City Manager or designee may either approve or deny the following waiver requests. Anyone granted a waiver shall provide written verification of eligibility for a waiver at least every five (5) years, and shall notify the City if circumstances change such that they are no longer eligible for such waiver, in which case the waiver will be rescinded.

B. De Minimis Waivers. The city manager or designee may waive a commercial business’s obligation to comply with some or all the organic waste collection service requirements of this chapter if the commercial business meets the following requirements:

1. Submit an application, with any application fee established by resolution of the City Council, specifying
the type of waiver requested and provide documentation as described below.

2. Provide documentation that either:

a. The commercial business receives two (2) or more cubic yards of weekly solid waste collection
service (including garbage, recyclable material and organic materials) and organic materials subject to
collection comprises less than twenty (20) gallons per week of the business’s total weekly solid waste
volume; or

b. The commercial business receives less than two (2) cubic yards of weekly solid waste collection
service (including garbage, recyclable material and organic materials) and organic materials subject to
collection comprises less than ten (10) gallons per week of the business’s total weekly solid waste
volume.

c. For the purposes of subsections (B)(2)(a) and (b) of this section, weekly solid waste collection shall
be the sum of weekly garbage collection container volume, recyclable material collection container
volume and organic materials collection container volume, measured in cubic yards.

C. Physical Space Waivers. The City Manager or designee may waive a commercial business’s obligations to comply with some or all of the recyclable materials and/or organic materials collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the collection service requirements. A commercial business or property owner may request a physical space waiver through the following process:

1. Submit an application form, with any application fee established by resolution of the City Council,
specifying the type(s) of collection services for which they are requesting a waiver from mandatory collection
service.

2. Provide documentation that the premises lack adequate space for the approved recyclable materials
collection containers and approved organic materials collection containers including documentation from its
authorized collector, licensed architect, or licensed engineer. (Ord. 1056 § 2 (Exh. A), 2022)

A. Self-haulers shall source separate all recyclable materials and organic materials generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic materials 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; haul their source separated organic materials to a solid waste facility, operation, activity, or property that processes or recovers source separated organic materials; and haul any other solid waste to an authorized disposal site.

C. Self-haulers that are commercial businesses shall keep a record of the amount of organic materials delivered to each solid waste facility, operation, activity, or property that processes or recovers organic materials; this record shall be subject to inspection by the City. The records shall include:

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

2. The amount of material in cubic yards or tons transported by the generator to each entity. (Ord. 1056 § 2
(Exh. A), 2022)

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

B. Operators of a large venue or large event (as defined in 14 CCR 18982(a)(38)) that are 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 of.

2. Contract with or enter into a written agreement with food recovery organizations or food recovery
services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the
commercial edible food generator self-hauls to the food recovery organization for food recovery.

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

4. Allow the City’s Enforcement Officer or designee to access the premises and review records pursuant to
14 CCR Section 18991.4.

5. Keep records that include the following information as required by 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.

D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557, as amended from time to time. (Ord. 1056 § 2 (Exh. A), 2022)

Requirements.

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

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

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

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

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

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

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

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

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

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

D. Food recovery services and food recovery organizations shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City shall respond to such request for information within sixty (60) days unless a shorter time frame is otherwise specified by the City. (Ord. 1056 § 2 (Exh. A), 2022)

The city manager or designee is authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. This may include inspections and investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing, or disposal facility to confirm compliance with this chapter, subject to applicable laws. This section does not authorize the City or designee to enter the interior of a private residential property without permission. (Ord. 1056 § 2 (Exh. A), 2022)

A violation of any provision of this chapter shall be subject to any of the code enforcement mechanisms as set forth in Larkspur Municipal Code Chapter 9.24, and by any means available to the City to remedy a violation of the municipal code; except that fines, charges, and/or costs shall not be recoverable by recording a lien or special assessment against a property. (Ord. 1056 § 2 (Exh. A), 2022)