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Earlier editions: 2026-09

Title 4 — PUBLIC HEALTH AND SAFETY

Lemoore Municipal Code Ch. 1 Garbage and Refuse

Lemoore Municipal Code · 2026-10 edition · updated 2026-10-03 · Lemoore

Cite as: Lemoore Municipal Code Chapter 1 · Text as of 2026-10-03

4-1-1: COMPLIANCE WITH PROVISIONS:

Effective on and after the effective date hereof, users of the refuse collection system to the city shall pay the monthly rates and fees then in effect and as may be amended from time to time in accordance with this chapter and abide by the regulations established pursuant to the provisions of this chapter. (Ord. 8402, 3-20-1984)

Exceptions & meaning →

4-1-2: DEFINITIONS:

When used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:

CONTAINER: Any city provided refuse, recyclables, or green waste carts or other receptacle. When referring to the storage of such carts, the term "container" refers to all of the aforementioned carts.

CONTAINERIZED SERVICE: Service approved by the director of public works wherein the city provides a vehicle equipped for mechanical handling of one, two (2) and three (3) cubic yard containers with casters. Said containers shall be provided by the customer and shall be a type and shall be placed in a location approved by the public works director.

GARBAGE: Table refuse and offal swill and every accumulation of animal, vegetable and other matter that attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowl, fruit and other foods of whatever character and shall include all animal and vegetable refuse from kitchens and all household waste that shall have been prepared for or intended to be used as food or shall have resulted from the preparation of food. Dead animals over ten (10) pounds in weight, dishwater or wastewater are not included under garbage.

GREEN WASTE: Grass clippings, weeds, leaves, small branches, sod, clean dirt, lumber (without nails or glue), plants and sawdust.

PUBLIC WORKS DIRECTOR: Person employed in the position of director of public works for the city of Lemoore, or his designee, in matters relating to this chapter.

RECYCLABLES: Aluminum cans, tin cans, glass bottles, plastic bottles, empty food household goods containers made entirely of glass, plastic, aluminum, or tin; fiber products such as newspaper, magazines, books, catalogs, telephone books, school or business papers, paper grocery bags, and empty cardboard boxes.

REFUSE: Each of the definitions of "garbage", "rubbish" and "waste matter" contained in this section.

RUBBISH: Leaves, chips, woodenware, paper, pasteboard, grass, rags, shoes, hats, sawdust, packing material, shavings, trimmings from lawns and flower gardens and boxes, tin cans and bottles.

UTILITY: A system, plant, works, facilities or undertaking for:

A. The collection, treatment or disposal of sewage, or

B. The obtaining, conserving, treating and supplying of water, or

C. Sanitation or garbage removal or disposal system.

WASTE MATTER: Brickbats, plaster, cement, broken crockery, broken glass, broken bottles, earth and ashes, cinders, shells, metals and other noncombustible waste materials; provided, however, that the words "waste matter" shall not include any material leftover from the repair or construction of buildings, sidewalks or other improvements. (Ord. 8402, 3-20-1984; amd. Ord. 9904, 5-18-1999; Ord. 2006-05, 7-18-2006; Ord. 2011-06, 12-6-2011)

Exceptions & meaning →

4-1-3: PROHIBITED ACCUMULATION:

It shall be unlawful for any person, owner or occupant of any building, lot or premises in the city to suffer, allow or permit to collect or remain upon said lot or premises, rubbish or waste matter of any description in such manner or quantity as likely to become a fire menace or menace to the health of the people of the city. (Ord. 8402, 3-20-1984)

Exceptions & meaning →

4-1-4: REFUSE STORAGE REGULATIONS:

A. Use Of Containers Required: Every owner, tenant, lessee, occupant or other person in possession, charge or control of any place in or from which refuse is created, accumulated or produced, shall use city provided refuse containers capable of holding all refuse which would ordinarily accumulate on such premises between the times of successive collections.

It shall be the duty of each occupant to place in such refuse containers all refuse created or accumulated upon the premises occupied by him or her between times for the removal of the refuse.

B. Container Specifications: Said refuse containers shall be city automated refuse carts, and the loaded weight of each such cart shall not exceed the maximum amount that is written on the cart lid. When approved by the director of public works, containers as described in section 4-1-2 of this chapter for "containerized service" may be provided by the customer.

C. Placement Of Containers:

  1. Placement During Times Of Collection: Refuse containers shall be located at the curbside or other location designated by the public works director, where they are readily accessible for emptying, up to twenty four (24) hours prior to collection, but not later than five o'clock (5:00) A.M. on the day of collection.

  2. Storage Of Containers: Other than times of collection, as described in subsection C1 of this section, refuse containers, and any other receptacles, must be properly stored on the same day as collection is made by using any of the following methods:

a. Back yard, behind fence, or

b. Front yard, if screened from direct view from street, or

c. Side yard, if screened from direct view, or adjacent to the main building structure and placed in a manner that only one can is directly visible, or

d. Alley, adjacent to fence or building structure (removed from designated pick up area). (Ord. 2011-06, 12-6-2011)

D. Containers Maintained In A Sanitary Condition: All refuse containers shall be kept in a clean and sanitary condition by the person using the same, and shall be kept covered with proper and suitable lids at all times, except when refuse is being deposited therein or removed therefrom. Any container which does not comply with these requirements shall be promptly replaced on notice being given by the public works director. (Ord. 9904, 5-18-1999)

E. Solid Waste Separation:

  1. All customers within the city shall separate all recyclables from all other solid waste produced at their premises and dispose of it only in accordance with the standards established by the director of public works.

  2. The regulations shall generally include the following areas of solid waste control:

a. Require source separation of solid waste by all customers.

b. Require placement of "refuse", "green waste" and "recyclables", as defined in section 4-1-2 of this chapter, into separate containers so as to facilitate segregation of materials at the recovery facility.

c. Require delivery of all refuse, green waste and recyclables to one or more locations designated by the public works director. (Ord. 2006-05, 7-18-2006)

F. Solid Waste Processing:

  1. It shall be unlawful for any person to process or haul solid waste without obtaining a solid waste hauling/processing permit in conjunction with a business license from the city. The following operations are exempt from the requirement to obtain a solid waste hauling/processing permit:

a. Private Residences Exempt: Persons within their own home, whether owned or rented, who perform salvage for their own purposes are exempt from the requirement to obtain a license.

b. Public Operated Facilities: All public operated waste processing facilities which operate under a state permit shall be exempt from the requirement to obtain a license.

  1. No solid waste hauling/processing operation shall be maintained in such a manner as to constitute a private or public nuisance.

  2. Every solid waste hauling/processing operation established or maintained within the city shall be maintained in compliance with the "State Minimum Standards For Solid Waste Handling And Disposal", title 14 California Code Of Regulations, commencing with section 17200. All solid waste facilities shall be subject to inspection by the local enforcement agency at any reasonable time.

  3. Each licensee of a solid waste hauling/processing operation shall post his or her rates in a visible location outside the disposal area if the site is made available for use by the public.

  4. No licensee of a solid waste hauling/processing operation shall burn any solid waste within the facility nor in adjacent areas without the prior written consent of the local enforcement agency, the local fire agency, and the air pollution control officer.

  5. No licensee of a solid waste hauling/processing operation shall operate the facility or conduct processing of solid waste without an appropriate permit from the city planning department.

  6. Each licensee of a solid waste hauling/processing operation shall keep and maintain records related to the type of and quantity of solid waste processed. Quarterly, a report shall be made and submitted to the public works director. Said report shall contain the quantities of and constituent type of solid waste processed by the licensee in the prior three (3) month period. Reporting shall conform to the following:

a. The name of the person or firm conducting the solid waste hauling/processing.

b. The type of solid waste processing conducted.

c. The license number.

d. The total tonnage of solid waste received for processing.

e. The type of and tonnage of solid waste processed as recyclables.

f. The destination of the solid waste processed as recyclables. (Ord. 9408, 6-21-1994)

Exceptions & meaning →

4-1-5: USE OF CITY REFUSE COLLECTION SERVICE:

It is hereby found and determined that the periodic collection of refuse from all places and premises in the city is necessary, and such owner, tenant, lessee or other occupants or persons in possession, charge or control of any place in or from which refuse is created, accumulated or produced are liable for and shall pay the refuse collection fees established by the city council of the city.

Refuse collection service is provided by the city, and it shall be mandatory for all owners, tenants, lessees or other occupants or persons in possession, charge or control of places and premises in the city in or from which refuse is created, accumulated or produced to use the city's collection service; provided, however, that there may be joint or multiple use of refuse containers, subject to securing a permit therefor from the director of public works and pursuant to rules and regulations therefor established by the director of public works. (Ord. 8402, 3-2-1984)

Exceptions & meaning →

4-1-6: REFUSE COLLECTION FEES:

A. Fees Established: The fees to be charged by the City for refuse collection service within the City shall be established by resolution of the City Council after a duly noticed public hearing regarding the establishment of said fees.

B. Payment Of Fees; Delinquencies:

  1. Billing: All refuse charges shall be collected together with, and not separately from, the charges for any utility service rendered by the City, and all charges shall be billed upon the same bill and collected as one item. All utility service charges shall be payable upon presentation date at the Office of the City Water Collector in the City Hall and shall be delinquent on the twenty fifth day of the calendar month following the date of presentment.

  2. Liability: The owner or owners of any parcel of real property, together with any and all occupants of such real property, shall be jointly liable for all charges incurred by reason of the use of said waste and refuse pick-up service by any and all occupants of such real property.

  3. Discontinued: In the event a utility bill is not paid on or before the tenth day after the bill becomes delinquent, the refuse service shall be discontinued. On the eleventh day after the bill becomes delinquent the fees of twenty five dollars ($25.00), in addition to the amount of the utility bill, shall be charged.

  4. Restoring: If refuse service has been discontinued for failure to pay a utility bill as set forth in subsection B3 of this section, the entire amount of the refuse bill and all fines and penalties provided below shall be paid in full before refuse service is restored.

a. A fee of twenty five dollars ($25.00) shall be charged on all returned items (to include online payments) in payment of utility charges.

  1. Disputed Bills: Should the amount of any bill for service be questioned, the customer should promptly request an explanation. If the explanation is not satisfactory or is not understood, the customer must pay the bill under protest to avoid discontinuance of service. Protests will be addressed to the Director of Finance, must be in writing, and must state the reasons why the charges are believed to be incorrect. The Director of Finance will analyze the facts of the case and is authorized to make such adjustments in the charges as may be necessary to effect an equitable settlement. Failure of a customer to pay under protest after initial explanation is offered will result in discontinuance of service without further notice if bill is not paid by the delinquency date.

  2. Collections: Accounts shall be subject to collection of any delinquent fees and charges in the following manner:

a. At the time the fees become delinquent and until such time they are fully paid, the delinquent account balance, including late charges, shall constitute an unrecorded lien against the property and, as such, may be identified during a title search. For commercial businesses, delinquent account balances, including late charges, may be considered an unrecorded lien against the business name and/or owner of the business.

b. Once a year there may be prepared a report of delinquent fees including late charges. The City Council shall fix a time, date and place for hearing the report and receive any objections or protests thereto.

c. The City Council shall cause notice of hearing to be mailed to the landowners listed on the report not less than fifteen (15) days prior to the date of the hearing.

d. At the hearing, the City Council shall hear any objections or protests of landowners liable to be assessed for delinquent fees including late charges and administrative fees, as set by resolution of the City Council. The City Council may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

e. The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent fees, including late charges. A certified copy of the resolution confirming the assessments shall be filed with the County Recorder and the County Auditor- Controller/Tax Collector for the amounts of the assessments against the respective parcels as they appear on the current assessment roll. The lien created attaches upon filing. The assessments shall be collected at the same time and in the same manner as other Property Taxes and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of Property Taxes shall be applicable to such assessments. However, if, for the first year for which the charges are prescribed, the property served by the City has been transferred or conveyed to a bona fide purchaser for value, and attached thereon, prior to the date on which the first installment of County taxes would become delinquent, the charge will not result in a lien against the real property, but shall become transferred to the unsecured roll for collection.

f. In addition to, or alternatively to, imposing a lien, the City may file an action for the collection of any amounts due and unpaid against the owner, tenant, lessee or other occupants or persons in possession, charge or control of any place in or from which refuse is created, accumulated or produced. In any such action, the delinquent balances may also be processed through a collection agency.

C. Application Of Funds Received: Any payment received for City utility charges in an amount less than the total charge billed shall be treated as a partial payment for each such charge and the amount received allocated to the separate departments in the same ratio as each such charge bears to the whole of the bill.

D. Vacant Premises; Refunds: Whenever the premises for which collection and disposal service is provided is vacant or unused for a period of thirty (30) days or more, the person to whom the collection charge is made may secure a rebate of his refuse collection service charges for said period of vacancy by presenting to the Director of Public Works an affidavit setting forth all the facts of the vacancy under penalty of perjury. If satisfied with the truth of the statements of vacancy, the Director of Public Works shall approve said claim and the Finance Department shall make the appropriate refund of such charges. No charge shall be made for newly constructed premises until the same is occupied; provided, however, that a person shall be conclusively presumed to be using refuse collection and disposal service when the premises is connected to the City water or sewer system. (Ord. 2018-07, 9-18-2018)

Exceptions & meaning →

4-1-7: REFUSE COLLECTION AND DISPOSAL OTHER THAN BY CITY:

A. Garbage Collection And Disposal Prohibited: It shall be unlawful for any person other than authorized agents or employees of the City to haul, remove or dispose of garbage within the City; provided, however, that nothing contained herein shall prevent the use of garbage disposal devices as provided in the City Plumbing Code 1 .

B. Collection And Disposal Of Rubbish And Waste Matter: Rubbish and waste matter which is deposited in containers not containing garbage may be collected and disposed of by private rubbish haulers. Such haulers shall secure a business license as provided by this Code 1 . All vehicles used to transport rubbish shall be provided with equipment to prevent rubbish from blowing out of, falling from or otherwise escaping from such vehicle. Such rubbish haulers shall comply with all applicable rules and regulations established by the Director of Public Works 2 . (Ord. 8402, 3-20-1984)

C. Recyclable Collection Prohibited: It shall be unlawful for any person other than authorized agents or employees of the City to haul, remove or dispose of recyclables placed in recyclable containers; provided, however, that nothing contained herein shall prevent persons from disposing of recyclables produced at their own premises in accordance with standards established by the Public Works Director. (Ord. 2006-05, 7-18-2006)

Exceptions & meaning →

4-1-8: BURNING, BURYING OR DUMPING GARBAGE AND SOLID WASTE:

A. Burning, Burying Or Dumping Garbage Prohibited: It shall be unlawful for any person to incinerate, deposit, dump or bury, or cause or permit to be incinerated, deposited, dumped or buried, any garbage upon or in any public street, alley or other public place, or upon any private property within the City. (Ord. 8402, 3-20-1984)

B. Burning Solid Waste: It shall be unlawful for any person to dispose of any solid waste by burning the same. (Ord. 2006-05, 7-18-2006)

Exceptions & meaning →

4-1-9: NUISANCE CONDITIONS:

The keeping of garbage in containers other than containers prescribed by this chapter or the keeping upon premises garbage, rubbish or waste matter which is allowed to become offensive and noisome shall constitute a public nuisance and may be abated in the manner provided by law for the abatement of nuisances in addition to any other criminal penalty or civil remedy provided for by law. (Ord. 8402, 3-20-1984)

Exceptions & meaning →

4-1-10: ENFORCEMENT OF PROVISIONS:

To enforce this chapter, any member of the Police Department or of the Fire Department, City Code enforcement personnel, and any employee of the Health Department representing the City, may enter any restaurant, hotel or public place or yard and the yard of any private residence for the purpose of ascertaining the sanitary condition thereof and removing the unlawful accumulation of refuse therein, and it is made the duty of each of said officers to enforce this chapter. Any person who shall obstruct or prevent the entry or inspection of any premises in the City by an authorized officer shall be guilty of an infraction. (Ord. 2006-05, 7-18-2006)

Exceptions & meaning →

4-1-11: VIOLATION AND PENALTIES:

A. Any person who violates any of the provisions of this chapter shall be guilty of an infraction.

B. In addition to the criminal penalty as above provided, any person who shall fail to pay the utility bill as levied and assessed in full within the time limits prescribed for the payment thereof, or who shall violate any of the laws of the State, the ordinances of the City or the rules and regulations so established referring to the disposal of garbage, rubbish or waste matter, and upon five (5) days' written notice from the Director of Public Works, shall be subject to having any and all service for which the bill is rendered discontinued, and thereafter, no such service which has been discontinued for the nonpayment of such service charges or for the violation of any of the above mentioned State laws or City ordinances, rules or regulations shall be reestablished until the owner or such person shall have paid all delinquent service charges owed the City by such person and all expenses incurred by the City in causing such discontinuance and reestablishment. (Ord. 8402, 3-20-1984)

ARTICLE A. MANDATORY ORGANIC WASTE DISPOSAL REDUCTION

SECTION:

Exceptions & meaning →

4-1A-1: PURPOSE AND FINDINGS:

The Jurisdiction finds and declares:

A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

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

C. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to to implement a Mandatory Commercial Organics Recycling program.

D. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.

E. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This article will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption. (Ord. 2021-08, 11-16-2021)

Exceptions & meaning →

4-1A-2: TITLE OF ORDINANCE:

This chapter shall be entitled “Mandatory Organic Waste Disposal Reduction Ordinance.” (Ord. 2021-08, 11-16-2021)

Exceptions & meaning →

4-1A-3: DEFINITIONS:

The following terms shall apply to this article as written unless context indicates or requires a different meaning:

BLUE CONTAINER: Has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste.

CALRECYCLE: California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others).

CALIFORNIA CODE OF REGULATIONS or CCR: The State of California Code of Regulations. CCR references in this article are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

COMMERCIAL BUSINESS or COMMERCIAL: A firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this article.

COMMERCIAL EDIBLE FOOD GENERATOR: Includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Sections 3(rrr) and 3(sss) of this article or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).

COMPLIANCE REVIEW: A review of records by a Jurisdiction to determine compliance with this chapter.

COMMUNITY COMPOSTING: Any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed one hundred (100) cubic yards and seven hundred and 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: Has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this article, that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.

COMPOSTABLE PLASTICS or COMPOSTABLE PLASTIC: Plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

CONTAINER CONTAMINATION or CONTAMINATED CONTAINER: A container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

C&D: Construction and demolition debris.

DESIGNATED SOURCE SEPARATED ORGANIC WASTE FACILITY: As defined in 14 CCR Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:

  1. The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of fifty (50) percent between January 1, 2022 and December 31, 2024 and seventy-five (75) percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste received from the Source Separated Organic Waste collection stream.

a. If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility".

  1. The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.

DESIGNEE: An entity that a Jurisdiction contracts with or otherwise arranges to carry out any of the Jurisdiction's responsibilities of this article as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.

EDIBLE FOOD: Food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this article 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 article or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

ENFORCEMENT ACTION: An action of the Jurisdiction to address non-compliance with this article including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

EXCLUDED WASTE: Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the Jurisdiction and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in Jurisdictions, or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Jurisdiction, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

FOOD DISTRIBUTOR: A company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

FOOD FACILITY: Has the same meaning as in Section 113789 of the Health and Safety Code.

FOOD RECOVERY: Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

FOOD RECOVERY ORGANIZATION: 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.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this article.

FOOD RECOVERY SERVICE: 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 article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

FOOD SCRAPS: All food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. Food Scraps also excludes Food-Soiled paper and containers until such time when our composter can process them.

FOOD SERVICE PROVIDER: An entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

FOOD-SOILED PAPER: Compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

FOOD WASTE: Food Scraps.

GREEN CONTAINER: Has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.

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

HAULER ROUTE: The designated itinerary or sequence of stops in a particular area for each segment of the Jurisdiction's collection service area for each day of the week, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY: A facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of fifty (50) percent between January 1, 2022 and December 31, 2024, and seventy-five (75) percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

INSPECTION: A site visit where a Jurisdiction reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this article, or as otherwise defined in 14 CCR Section 18982(a)(35).

JURISDICTION: The City of Lemoore city limits and reach of service.

JURISDICTION ENFORCEMENT OFFICIAL: The city manager, county administrative official, chief operating officer, executive director, or other executive in charge or their authorized Designee(s) who is/are partially or whole responsible for enforcing the ordinance. See also “Regional or County Agency Enforcement Official.”

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

LARGE VENUE: 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 article and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this article and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this article.

LOCAL EDUCATION AGENCY: 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).

MULTI-FAMILY RESIDENTIAL DWELLING or MULTI-FAMILY: Means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

MWELO: Refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

NON-COMPOSTABLE PAPER: Includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

NON-LOCAL ENTITY: The following entities that are not subject to the Jurisdiction's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42): Public universities (including community colleges) located within the boundaries of the Jurisdiction, including West Hills College Lemoore.

NON-ORGANIC RECYCLABLES: Non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

NOTICE OF VIOLATION (NOV): A notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

ORGANIC WASTE: Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

ORGANIC WASTE GENERATOR: A person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

PAPER PRODUCTS: Include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

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

PROHIBITED CONTAINER CONTAMINANTS:

Option 1, Three-container or three-plus-container collection service (Blue Container, Green Container, and Black Containers): "Prohibited Container Contaminants" means the following:

  1. Discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Jurisdiction's Blue Container;

  2. Discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Jurisdiction's Green Container;

  3. Discarded materials placed in the Black Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in Jurisdiction's Green Container and/or Blue Container; and

  4. Excluded Waste placed in any container.

RECOVERED ORGANIC WASTE PRODUCTS: Products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

RECOVERY: Any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

RECYCLED-CONTENT PAPER: Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

REGIONAL AGENCY: Regional agency as defined in Public Resources Code Section 40181.

REGIONAL OR COUNTY AGENCY ENFORCEMENT OFFICIAL: A regional or county agency enforcement official, designated by the Jurisdiction with responsibility for enforcing the ordinance in conjunction or consultation with Jurisdiction Enforcement Official.

REMOTE MONITORING: The use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Black Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.

RENEWABLE GAS: Gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

RESTAURANT: An establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

ROUTE REVIEW: A visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

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

SB 1383 REGULATIONS or SB 1383 REGULATORY: Means or refers to, for the purposes of this article, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

SELF-HAULER: A person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

SINGLE-FAMILY: Means of, from, or pertaining to any residential premises with fewer than five (5) units.

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

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

  2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

  3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

SOURCE SEPARATED: Materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Black Container Waste or other Solid Waste for the purposes of collection and processing.

SOURCE SEPARATED BLUE CONTAINER ORGANIC WASTE: Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).

SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE: Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles.

SOURCE SEPARATED RECYCLABLE MATERIALS: Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste.

STATE: The State of California.

SUPERMARKET: A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR: A Commercial Edible Food Generator that is one of the following:

  1. Supermarket.

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

    1. Food Service Provider.
    1. Food Distributor.
    1. Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this article.

TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR: A Commercial Edible Food Generator that is one of the following:

  1. Restaurant with two hundred and fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.
    1. Hotel with an on-site Food Facility and two hundred (200) or more rooms.
    1. Health facility with an on-site Food Facility and one hundred (100) or more beds.
    1. Large Venue.
    1. Large Event.
  1. A State agency with a cafeteria with two hundred and fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

  2. A Local Education Agency facility with an on-site Food Facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this article.

UNCONTAINERIZED GREEN WASTE AND YARD WASTE COLLECTION SERVICE or UNCONTAINERIZED SERVICE: A collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75).

WHOLESALE FOOD VENDOR: A business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76). (Ord. 2021-08, 11-16-2021)

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4-1A-4: REQUIREMENTS FOR SINGLE-FAMILY GENERATORS (STANDARD COMPLIANCE APPROACH):

Single-Family Organic Waste Generators shall comply with the following requirements:

A. Shall subscribe to Jurisdiction's Organic Waste collection services for all Organic Waste generated as described below in Section 4-1A-4 B. Jurisdiction shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family generators shall adjust its service level for its collection services as requested by the Jurisdiction. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

B. Shall participate in the Jurisdiction's Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers.

  1. Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Black Container Waste in the Black Container. Generators shall not place materials designated for the Black Container into the Green Container or Blue Container. (Ord. 2021-08, 11-16-2021)
Exceptions & meaning →

4-1A-5: REQUIREMENTS FOR COMMERCIAL BUSINESSES (STANDARD-COMPLIANCE APPROACH):

Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:

A. Subscribe to Jurisdiction's three-container collection services and comply with requirements of those services as described below in Section 4-1A-5 B., except Commercial Businesses that meet the Self-Hauler requirements in Section 4-1A-10 of this article. Jurisdiction shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the Jurisdiction.

B. Except Commercial Businesses that meet the Self-Hauler requirements in Section 4-1A-10 of this article, participate in the Jurisdiction's Organic Waste collection service(s) by placing designated materials in designated containers as described below.

  1. Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Black Container Waste in the Black Container. Generator shall not place materials designated for the Black Container into the Green Container or Blue Container.

C. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 4-1A-5 D.1. and D.2. below) for employees, contractors, tenants, and customers, consistent with Jurisdiction's Blue Container, Green Container, and Black Container collection service or, if self-hauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with Section 4-1A-10.

D. Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

  1. A body or lid that conforms with the container colors provided through the collection service provided by Jurisdiction, 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.

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

E. Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Section 4-1A-5 D. pursuant to 14 CCR Section 18984.9(b).

F. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the Jurisdiction's Blue Container, Green Container, and Black Container collection service or, if self-hauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with Section 4-1A-10.

G. Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Black 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).

H. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.

I. 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 and Source Separated Recyclable Materials separate from Black Container Waste (when applicable) and the location of containers and the rules governing their use at each property.

J. Provide or arrange access for Jurisdiction or its agent to their properties during all Inspections conducted in accordance with Section 4-1A-14 of this article to confirm compliance with the requirements of this article.

K. Accommodate and cooperate with Jurisdiction's Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at a later date, to evaluate generator's compliance with Section 4-1A-5 B. The Remote Monitoring program shall involve installation of Remote Monitoring equipment on or in the Blue Containers, Green Containers, and Black Containers.

L. At Commercial Business's option and subject to any approval required from the Jurisdiction, implement a Remote Monitoring program for Inspection of the contents of its Blue Containers, Green Containers, and Black Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Generators may install Remote Monitoring devices on or in the Blue Containers, Green Containers, and Black Containers subject to written notification to or approval by the Jurisdiction or its Designee.

M. If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in Section 4-1A-10 of this article.

N. 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).

O. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 4-1A-7. (Ord. 2021-08, 11-16-2021)

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4-1A-6: WAIVERS FOR GENERATORS:

A. De Minimis Waivers A Jurisdiction may waive a Commercial Business' obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this article if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 4-1A-6 A.2. below. Commercial Businesses requesting a de minimis waiver shall:

  1. Complete and Submit a waiver request form specifying the services that they are requesting a waiver from and provide documentation as noted in Section 4-1A-6 A.2. below.

  2. Provide documentation or attest that either:

a. The Commercial Business' total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than twenty (20) gallons per week per applicable container of the business' total waste; or,

b. The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than ten (10) gallons per week per applicable container of the business' total waste.

  1. Notify Jurisdiction if circumstances change such that Commercial Business's Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.

  2. Provide written verification of eligibility for de minimis waiver every five (5) years, if Jurisdiction has approved de minimis waiver.

B. Physical Space Waivers Jurisdiction may waive a Commercial Business' or property owner's obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the Jurisdiction has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 4-1A-5.

A Commercial Business or property owner may request a physical space waiver through the following process:

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

  2. Provide documentation or attest that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.

  3. Provide written verification to Jurisdiction that it is still eligible for physical space waiver every five (5) years, if Jurisdiction has approved application for a physical space waiver.

  4. Review and Approval of Waivers by Jurisdiction The Public Works director and/or their designee is responsible for the review and approval of all waivers. (Ord. 2021-08, 11-16-2021)

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4-1A-7: REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS:

A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section 9 commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

  1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

  2. Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for:

a. The collection of Edible Food for Food Recovery; or

b. Acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

  1. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

  2. Allow Jurisdiction's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

  3. 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:

(1) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.

(2) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.

(3) The established frequency that food will be collected or self-hauled.

(4) 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.

  1. When requested, Edible Food Generators are required to submit food recovery reports to the City that include some or all of the following information: Records/copies of contracts and agreements, and Food Recovery activities, such as the type and amounts of edible food accepted and rejected by Food Recovery Organizations or services for donation. Edible Food Generators are required to submit the report to the City within fourteen (14) days of receiving the report request.

D. Nothing in this article 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. 2021-08, 11-16-2021)

Exceptions & meaning →

4-1A-8: REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES:

A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

  1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

  2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

  3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

  4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR 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 of Lemoore 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 of Lemoore in the total pounds of Edible Food recovered 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) within fourteen (14) days of the information upon request.

D. Food Recovery Capacity Planning:

  1. Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the Jurisdiction shall provide information and consultation to the Jurisdiction, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Jurisdiction and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Jurisdiction shall respond to such request for information within thirty (30) days, unless a shorter timeframe is otherwise specified by the Jurisdiction. (Ord. 2021-08, 11-16-2021)
Exceptions & meaning →

4-1A-9: REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS:

A. Requirements for Haulers:

  1. Haulers providing residential, Commercial, or industrial Organic Waste collection services to generators within the Jurisdiction's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the Jurisdiction to collect Organic Waste:

a. Through written notice to the Jurisdiction annually on or before January 31 identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, and Source Separated Green Container Organic Waste.

b. Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

c. Obtain approval from the Jurisdiction to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 13 of this article, and Jurisdiction's C&D ordinance.

  1. Haulers 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 Jurisdiction.

B. Requirements for Facility Operators and Community Composting Operations

  1. 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 Jurisdiction 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 Jurisdiction shall respond within thirty (30) days.

  2. Community Composting operators, upon Jurisdiction request, shall provide information to the Jurisdiction 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 Jurisdiction shall respond within thirty (30) days. (Ord. 2021-08, 11-16-2021)

Exceptions & meaning →

4-1A-10: SELF-HAULER REQUIREMENTS:

A. Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that Jurisdiction otherwise requires generators to separate for collection in the Jurisdiction'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 Jurisdiction. 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 Section 4-1A-10 C. to Jurisdiction if requested.

E. A residential Organic Waste Generator that self hauls Organic Waste is not required to record or report information in Section 4-1A-10 C. and D. (Ord. 2021-08, 11-16-2021)

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4-1A-11: COMPLIANCE WITH CALGREEN RECYCLING REQUIREMENTS:

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

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

B. For projects covered by CALGreen or more stringent requirements of the Jurisdiction, the applicants must, as a condition of the Jurisdiction'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 threecontainer collection program offered by the Jurisdiction, 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 thirty percent (30%) of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the three-container collection program offered by the Jurisdiction, 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 all written and published Jurisdiction policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D. (Ord. 2021-08, 11-16-2021)

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4-1A-12: MODEL WATER EFFICIENT LANDSCAPING ORDINANCE REQUIREMENTS:

A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the Jurisdiction, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than five hundred (500) square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred (2,500) square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this Section 4-1A-12.

B. The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this article. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.

C. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 4-1A-12 A. above shall:

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

a. For landscape installations, Compost at a rate of a minimum of four (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.

b. For landscape installations, a minimum three (3)-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

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

  1. The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 4-1A-12 A. shall consult the full MWELO for all requirements.

D. If, after the adoption of this article, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires Jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced. (Ord. 2021-08, 11-16-2021)

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4-1A-13: PROCUREMENT REQUIREMENTS FOR JURISDICTION DEPARTMENTS, DIRECT SERVICE…

A. Jurisdiction departments, and direct service providers to the Jurisdiction, as applicable, must comply with the Jurisdiction's Recovered Organic Waste Product procurement policy and Recycled-Content Paper procurement policy.

B. All vendors providing Paper Products and Printing and Writing Paper shall:

  1. If fitness and quality are equal, provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled Paper Products and Printing and Writing Paper are available at the same or lesser total cost than non-recycled items.

  2. Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

  3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the Jurisdiction. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

  4. Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the Jurisdiction is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).

  5. Provide records to the Jurisdiction's Recovered Organic Waste Product procurement recordkeeping Designee, in accordance with the Jurisdiction's Recycled-Content Paper procurement policy(ies) of all Paper Products and Printing and Writing Paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the Jurisdiction. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in Sections 4-1A-13 B.3. and B.4. of this article for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content Paper Products or Printing and Writing Papers are provided, include a description of why Recycled-Content Paper Products or Printing and Writing Papers were not provided. (Ord. 2021-08, 11-16-2021)

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4-1A-14: INSPECTIONS AND INVESTIGATIONS BY JURISDICTION:

A. Jurisdiction 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 article 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 Jurisdiction to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business containers for compliance with Section 4-1A-5 B. of this article, Jurisdiction 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 4-1A-5 K. of this article.

B. Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the Jurisdiction'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 article described herein. Failure to provide or arrange for:

  1. Access to an entity's premises:

  2. Installation and operation of Remote Monitoring equipment (optional); or

  3. Access to records for any Inspection or investigation is a violation of this article and may result in penalties described.

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

D. Jurisdiction 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 article, subject to applicable laws.

E. Jurisdiction shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. (Ord. 2021-08, 11-16-2021)

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4-1A-15: ENFORCEMENT:

A. Violation of any provision of this article shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a Jurisdiction Enforcement Official or representative. Enforcement Actions under this article are issuance of an administrative citation and assessment of a fine. The Jurisdiction'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 article and any rule or regulation adopted pursuant to this article, except as otherwise indicated in this article.

B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. Jurisdiction may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Jurisdiction 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 Jurisdiction staff and resources.

C. Responsible Entity for Enforcement

  1. Enforcement pursuant to this article may be undertaken by the Jurisdiction Enforcement Official, which may be the City Manager or their designated entity, legal counsel, or combination thereof.

  2. Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the Jurisdiction, in consultation with Jurisdiction Enforcement Official.

a. Jurisdiction Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.

b. Jurisdiction Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) may issue Notices of Violation(s).

D. Process for Enforcement:

  1. Jurisdiction Enforcement Officials or Regional or County 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 4-1A-14 establishes Jurisdiction's right to conduct Inspections and investigations.

  2. Jurisdiction may issue an official notification to notify regulated entities of its obligations under the ordinance.

  3. For Jurisdictions assessing contamination processing fees/penalties. For incidences of Prohibited Container Contaminants found in containers, Jurisdiction 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 ten (10) days after determining that a violation has occurred. If the Jurisdiction observes Prohibited Container Contaminants in a generator's containers on more than one (1) consecutive occasion(s), the Jurisdiction may assess contamination processing fees or contamination penalties on the generator.

  4. With the exception of violations of generator contamination of container contents addressed under Section 4-1A-15 D.3., Jurisdiction shall issue a Notice of Violation requiring compliance within sixty (60) days of issuance of the notice.

  5. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, Jurisdiction shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Jurisdiction's requirements contained in Section 4-1A-15K., 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 Jurisdiction 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.

E. Penalty Amounts for Types of Violations: The penalty levels are as follows:

  1. For a first violation, the amount of the base penalty shall be fifty dollars ($50) to one hundred dollars ($100) per violation.

  2. For a second violation, the amount of the base penalty shall be one hundred dollars ($100) to two hundred dollars ($200) per violation.

  3. For a third or subsequent violation, the amount of the base penalty shall be two hundred and fifty dollars ($250) to five hundred dollars ($500) per violation.

F. Factors Considered in Determining Penalty Amount: The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:

    1. The nature, circumstances, and severity of the violation(s).
    1. The violator's ability to pay.
    1. The willfulness of the violator's misconduct.
    1. Whether the violator took measures to avoid or mitigate violations of this chapter.
    1. Evidence of any economic benefit resulting from the violation(s).
    1. The deterrent effect of the penalty on the violator.
    1. Whether the violation(s) were due to conditions outside the control of the violator.

G. Compliance Deadline Extension Considerations: The Jurisdiction may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 4-1A-15 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

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

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

  3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

H. 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 Jurisdiction's procedures in the Jurisdiction's codes for appeals of administrative citations. Evidence may be presented at the hearing. The Jurisdiction will appoint a hearing officer who shall conduct the hearing and issue a final written order.

I. Education Period for Non-Compliance: Beginning January 1, 2022 and through December 31, 2023, Jurisdiction 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 Jurisdiction 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 article 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.

J. Civil Penalties for Non-Compliance: Beginning January 1, 2024, if the Jurisdiction 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 article, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section 4-1A-15, as needed.

K. Enforcement Table:

Table 1: List of Violations

Requirement Description of Violation
Commercial Business and Commercial Business Owner Responsibility Requirement, Sections 4-1A-5 Commercial Business fails to provide or arrange for Organic Waste collection services consistent with Jurisdiction requirements and as outlined in this article, for employees, contractors, tenants, and customers, including supplying and allowing access to adequate numbers, size, and location of containers and sufficient signage and container color.
Organic Waste Generator Requirement, Section 4-1A-4 and 4-1A-5 Organic Waste Generator fails to comply with requirements adopted pursuant to this article for the collection and Recovery of Organic Waste.
Hauler Requirement Section, Section 4-1A-9 A hauler providing residential, Commercial or industrial Organic Waste collection service fails to transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste, as prescribed by this article.
Hauler Requirement, Section 4-1A-9 A hauler providing residential, Commercial, or industrial Organic Waste collection service fails to obtain applicable approval issued by the Jurisdiction to haul Organic Waste as prescribed by this article.
Hauler Requirement, Section 4-1A-9 A hauler fails to keep a record of the applicable documentation of its approval by the Jurisdiction, as prescribed by this article.
Self-Hauler Requirement, Section 4-1A-10 A generator who is a Self-Hauler fails to comply with the requirements of 14 CCR Section 18988.3(b).
Commercial Edible Food Generator Requirement, Section 4-1A-7 Tier One Commercial Edible Food Generator fails to arrange to recover the maximum amount of its Edible Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food Recovery Service and comply with this Section commencing Jan. 1, 2022.
Commercial Edible Food Generator Requirement, Section 4-1A-7 Tier Two Commercial Edible Food Generator fails to arrange to recover the maximum amount of its Edible Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food Recovery Service and comply with this Section commencing Jan. 1, 2024.
Commercial Edible Food Generator Requirement, Section 4-1A-7 Tier One or Tier Two Commercial Edible Food Generator intentionally spoils Edible Food that is capable of being recovered by a Food Recovery Organization or Food Recovery Service.
Organic Waste Generator, Commercial Business Owner, Commercial Edible Food Generator, Food Recovery Organization or Food Recovery Service, Sections 4-1A-5 and 4-1A-7 Failure to provide or arrange for access to an entity's premises for any Inspection or investigation.
Recordkeeping Requirements for Commercial Edible Food Generator, Section 4-1A-7 Tier One or Tier Two Commercial Edible Food Generator fails to keep records, as prescribed by Section 4-1A-7 .
Recordkeeping Requirements for Food Recovery Services and Food Recovery Organizations, Section 4-1A-8 A Food Recovery Organization or Food Recovery Service that has established a contract or written agreement to collect or receive Edible Food directly from a Commercial Edible Food Generator pursuant to 14 CCR Section 18991.3(b) fails to keep records, as prescribed by Section 4-1A-9 .

(Ord. 2021-08, 11-16-2021)

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4-1A-16: EFFECTIVE DATE:

This article shall be effective commencing on January 1, 2022. (Ord. 2021-08, 11-16-2021)

Exceptions & meaning →

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