Lindsay Municipal Code § 8.34 Organic Waste Recycling

Notwithstanding any other provision in this code, the following words and phrases shall, for the purposes of this Chapter, have the meanings respectively ascribed to them by this section as follows:

1. Agency means the City of Lindsay.
2. Blue Container means a container where either: (1) the lid of the container is blue in color or (2) the body of the container is blue in color and the lid is either blue, gray, or black in color and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials.
3. Brown container means a container where either: (1) the lid of the container is brown in color or (2) the body of the container is brown in color and the lid is either brown, gray, or black in color.
4. Collect or Collection means to take physical possession of and remove Solid Waste or Recyclable Materials at the place of generation.
5. Commercial Business or Commercial means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling.
6. Commercial Customer means any facility that is not a residential facility and includes any commercial facility, including but not limited to, a commercial facility, restaurant, retail facility, office, manufacturing or industrial facility, markets, office buildings, hotels, motels, shopping centers, theaters, and Multi-family Dwelling units, located within the boundaries of the Agency. For the purposes of this section, school accounts are considered commercial customers. For the purposes of this section, mobile home and multifamily complexes that exceed 5 units are considered commercial.
7. Commercial Edible Food Generator means a commercial edible food generator that is one of the following:
8. Tier One
9. Supermarket
10. Grocery store with a total facility size equal to or greater than 10,000 square feet
11. Food service provider
12. Food distributor
13. Wholesale food vendor
14. Tier Two
15. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet
16. Hotel with an on-site food facility and 200 or more rooms
17. Health facility with an on-site food facility and 100 or more beds
18. Large venue is a large event that charges admission price or is operated by a local Agency
19. Large event is a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility
20. A state agency with a cafeteria with 250 or more seats or a total cafeteria facility size equal to or greater than 5,000 square feet
21. A local education agency with an on-site food facilityDisposal means the final disposition of Solid Waste at a permitted Landfill or other permitted solid waste disposal facility, as defined in California Public Resources Code 40192.
22. Compliance Review means a review of records by a Jurisdiction to determine compliance with this ordinance.
23. 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.
24. Container Contamination or Contaminated Container means a container, regardless of color, that contains Prohibited Container Contaminants.
25. C&D means construction and demolition debris.
26. Designee means an entity that a city contracts with or otherwise arranges to carry out any of the City’s responsibilities of this ordinance. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
27. Disposal means the final disposition of Solid Waste at a permitted Landfill or other permitted solid waste disposal facility, as defined in California Public Resources Code 40192.
28. Diversion or Divert means the reduction or elimination of Solid Waste from solid waste disposal in accordance with California Public Resources Code 41024.
29. Edible Food means food intended for human consumption. For the purposes of this ordinance Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
30. Recycling Facility means a Recycling, material recovery or re-use facility that is fully licensed, certified and eligible under federal, state and local laws and regulations and includes those material recovery or reuse facilities or operations that receive, process, and transfer to market Recyclable and/or Compostable Materials that have been Source Separated from the Solid Waste stream. The Recycling Facility may be located at a Landfill. Recycling Facility also means a facility that produces Compost.
31. Recyclable Materials means materials that have been separated from the solid waste stream prior to disposal and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the market place and that are not landfilled. Recyclable Materials include any materials identified by Collector for which market exists, including, but not limited to: plastic bottles and jars, paper, cardboard, glass, newspaper, metal container, cans, as well as Compostable materials such as green waste, yard waste, and food waste.
32. Responsible Party means the individual or entity responsible for the Generator's management of Solid Waste and/or Recycling at the Generator's Commercial Facility, Business, nonresidential property, or Special Event.
33. Rubbish means non-putrescible Solid Waste, such as ashes, paper, cardboard, tin cans, yard waste, wood, glass, bedding, crockery, plastics, rubber-by-products and litter.
34. Food Recovery means actions to collect and distribute food for human consumption that otherwise would be disposed.
35. Food Recovery Organization means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery e

ood, glass, bedding, crockery, plastics, rubber-by-products and litter. 20. Food Recovery means actions to collect and distribute food for human consumption that otherwise would be disposed. 21. Food Recovery Organization means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities including, but not limited to:

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.
4. Food Recovery Service means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery.
5. Food Scraps means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
6. Food Service Provider means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations.
7. Food-Soiled Paper is compostable paper material that has encounter food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
8. Food Waste means Food Scraps, and Food-Soiled Paper. Generator means a resident, owner or responsible party for a commercial facility(ies) or business, including non-residential property which generates recyclable or compostable materials as a result of its business, commercial facility(ies) or property activity. Generator may also include tenants, property managers for facilities with leased space, employees and contractors of Generator, as well as a responsible party for special events. Generator also includes the Agency, its facilities, and its nonresidential properties.
9. Gray Container means container used only for the purpose of storage and collection of garbage.
10. Green Container means a container used only for the purpose of storage and collection of Source Separated Organic Waste including food waste.
11. Grocery Store means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.
12. Hauler means any person or commercial entity which lawfully Collects, hauls, or transports Solid Waste for a fee by use of any means, including but not limited to a dumpster truck, roll-off truck, side-load, front-load, rear-load garbage truck or a trailer.
13. Hauler Route means the designated itinerary or sequence of stops for each segment of the City’s collection service area.
14. Inspection means a site visit where a city or City designee 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 ordinance).
15. Landfill means a permitted disposal site which accepts Solid Waste.
16. Multi-Family Residential Dwelling means residential premises with five (5) or more dwelling units.
17. “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.
18. Non-Organic Recyclables means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics, and glass.
19. Notice of Violation (NOV) means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties.
20. Organic Waste means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, lumber, wood, Paper Products, Printing and Writing Paper.
21. Organic Waste Generator means a person or entity that is responsible for the initial creation of Organic Waste.
22. Prohibited Container Contaminants means discarded materials that are not acceptable Recyclable Materials to be placed in the blue container; discarded materials that are not acceptable Source Separated Organic waste to be placed the green container; and discarded materials that are not acceptable to be placed in the Gray Container and Excluded Waste placed in any container.
23. Recovered Organic Waste Products means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility.
24. Recovery means any activity or process of diverting organic waste from the landfill, processed at an approved “Recycling Center”, Composting Facility, In-Vessel Digestion Operation or Facility, Biomass Conversion Operation or Facility, or used as soil amendment for erosion control, revegetation, slope stabilization, or landscaping.
25. Recycled-Content Paper means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber.
26. Recycling Facility means a Recycling, material recovery or re-use facility that is fully licensed, certified and eligible under federal, state and local laws and regulations and includes those material recovery or reuse facilities or operations that receive, process, and transfer to market Recyclable and/or Compostable Materials that have been Source Separated from the Solid Waste stream. The Recycling Facility may be located at a Landfi

erial recovery or re-use facility that is fully licensed, certified and eligible under federal, state and local laws and regulations and includes those material recovery or reuse facilities or operations that receive, process, and transfer to market Recyclable and/or Compostable Materials that have been Source Separated from the Solid Waste stream. The Recycling Facility may be located at a Landfill. Recycling Facility also means a facility that produces Compost. 45. Recyclable Materials means materials that have been separated from the solid waste stream prior to disposal and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the market place and that are not landfilled. Recyclable Materials include any materials identified by Collector for which market exists, including, but not limited to: plastic bottles and jars, paper, cardboard, glass, newspaper, metal container, cans, as well as Compostable materials such as green waste, yard waste, and food waste. 46. Responsible Party means the individual or entity responsible for the Generator's management of Solid Waste and/or Recycling at the Generator's Commercial Facility, Business, nonresidential property, or Special Event. 47. Route Review means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras. 48. Rubbish means non-putrescible Solid Waste, such as ashes, paper, cardboard, tin cans, yard waste, wood, glass, bedding, crockery, plastics, rubber-by-products and litter. 49. SB 1383 means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. 50. SB 1383 Regulations or SB 1383 Regulatory means or refers to, for the purposes of this ordinance, 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. 51. Scavenging or Scavenger means the uncontrolled and unauthorized removal of Recyclable Materials at any point in the solid waste management system. 52. Self-Hauler means a person, who hauls Solid Waste or Liquid Waste, Organic Waste or recyclable material they have generated using their own equipment. 53. Single-Family means of, from, or pertaining to any residential premises with fewer than five (5) units. 54. Solid Waste has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:

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.
4. Source Separated means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace. 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 grey Container Waste or other Solid Waste for the purposes of collection and processing.
5. Source Separated Green Container Organic Waste means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding carpets, Non-Compostable Paper, and textiles. Source Separated Recyclable Materials means Source Separated Non-Organic Recyclables.
6. State means the State of California.
7. Supermarket means 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.
8. Special Event means a community, public, commercial, recreational or social event which may serve food or drink and which may require a permit from the Agency. Special event may include the temporary or periodic use of

tail 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. 59. Special Event means a community, public, commercial, recreational or social event which may serve food or drink and which may require a permit from the Agency. Special event may include the temporary or periodic use of a public street, publicly owned site or facility, or public park. (Ord. 590, 2021, Ord. 555, 2016)

1. The accumulation, collection, removal and disposal of rubbish, solid waste, green waste, segregated recyclable, and organic waste, shall be controlled by the city for the protection of the public health, safety and welfare and to contribute towards the diminution of air pollution in the city. The city council finds that to give practical effect, a comprehensive system for the periodic collection, removal and disposal of rubbish and garbage and the collection, removal and disposal and/or composting of green waste, from all premises in the city is essential and benefits all occupants of premises in the city, and, therefore, all such occupants are made liable for the rubbish and garbage collection charges and the green waste collection charges established by the council for the collection and disposal of garbage and green waste, and each occupant shall pay at least the minimum rate established for such services.
2. Every person owning or occupying a residence or commercial establishment shall subscribe to solid waste, organic waste, and segregated recyclable collection.
3. For residential real properties, nonpayment of collection and/or disposal fees will result in an assessment in the amount of the unpaid fees, being added to the real property tax bill of the owner of the property.
4. For commercial properties, the city shall retain the right to pursue any and all remedies available against either the property owner or any lessee, whoever may be in possession of the premises.
5. No person shall throw or deposit, or cause to be thrown or deposited, any solid waste matter in or upon any vacant lot, street, alley, gutter, highway, park or other public place or keep any residential solid waste except in the manner prescribed by this chapter.
6. No person shall deposit solid waste in the container of another person or set out solid waste for collection at another person's service location, except as may be established by the city administrator or the city administrator's designee where the city administrator has knowledge of construction, demolition or other temporary obstacles which prevent the use of or access to permanent service locations.
7. No customer shall permit or consent to another person depositing solid waste in their container or setting out solid waste for collection at their place or premises; except that this provision shall not apply where the city administrator or the city administrator's designee has established a temporary service location because the city administrator has knowledge of construction, demolition or other temporary obstacles which prevent the use of or access to permanent service locations.
8. It is unlawful for any person to place, put, deposit or burn any rubbish and/or garbage, or cause the same to be placed, put, deposited or burned in or upon any public street, park, lane, place or alley in the city.
9. No person shall burn solid waste of any kind in a home heating furnace, fireplace or wood stove, excepting that nonplasticized waste paper may be used for kindling of fires in wood burning appliances.

(Ord. 590, 2021, Ord. 555, 2016)

1. All generators shall subscribe to the City’s three-container organic waste collection services for all organic waste and to comply with source-separation requirements by placing garbage in the gray container, recyclables in the blue container, and organic materials such as green waste and food waste in the green container.
2. Single Family dwellings shall subscribe to City’s three-container organic waste collection services for all organic waste generated by placing garbage in the Gray container, recyclables in the blue container, and organic materials such as green waste and food waste in the green container.
3. Multi-Family Residential dwellings shall subscribe to City franchise hauler’s three-container organic waste collection services for all organic waste generated by placing garbage in the Gray container, recyclables in the blue container, and organic materials such as green waste and food waste in the green container.
4. Provide adequate number, size, and location of collection containers with sufficient labels or colors consistent with City’s blue, green, and brown collection services containers for employees, contractors, and tenants.
5. 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 Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property.
6. Commercial Businesses shall subscribe to City’s three-container organic waste collection services for all organic waste generated by placing garbage in the Gray container, recyclables in the blue container, and organic materials such as green waste and food waste in the green container.
7. Provide adequate number, size, and location of collection containers with sufficient labels or colors consistent with City’s blue, green, and brown collection services containers for employees, contractors, and tenants.
8. Commercial Businesses that generate organic waste and recyclable materials shall provide green containers for the collection of organic waste and blue containers for recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by the business. The containers shall be provided through the City’s organic waste collection services provider.
9. 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 Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property.

(Ord. 590 2021, Ord. 555, 2016)

The City may waive a Commercial Business’ or property owner’s obligation (including Multifamily Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste requirements of this ordinance.

1. De Minimis Waivers Commercial Businesses Requesting a de minimis waiver shall:
2. Submit an application specifying the services that they are requesting a waiver from and provide either of the following documentation.
3. 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 20 gallons per week per applicable container of the business’ total waste; or,
4. 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 10 gallons per week per applicable container of the business’ total waste.
5. Notify City if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
6. Provide written verification of eligibility for de minimis waiver every 5 years if City has approved de minimis waiver.
7. Physical Space Waiver
8. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
9. Provide documentation that the premises lack adequate space for Blue Containers and/or Green Containers including documentation from the hauler, licensed architect, or licensed engineer.
10. Provide written verification to City that it is still eligible for physical space waiver every five years if City has approved application for a physical space waiver.

City will confer with staff, the hauler, licensed architect, or licensed engineer of the premises lack of adequate space for the collection containers required for compliance with the Organic Waste collection requirements.

C. Collection Frequency For health and safety purposes, minimum collection frequency for all Solid Waste Handling Customers shall be once per week, in accordance with Section 17331 of Title 14, California Code of Regulations.

D. Review and Approval of Waivers by City Waivers applications shall be submitted to the City Services Department and city services staff will review and approve or provide comment for conditional approval based on the information provided on the application or shall not approve the application based on information provided on the application.

(Ord. 590, 2021, Ord. 555, 2016)

1. Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.
2. 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.
3. Commercial Edible Food Generators shall comply with the following requirements:
4. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
5. Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: the collection of Edible Food for Food Recovery; or
6. acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
7. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
8. Allow City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records.
9. Keep records that include the following information:
10. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement.
11. A copy of all contracts or written agreements with Food Recovery Service or organization.
12. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
13. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
14. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization
15. The established frequency that food will be collected or self-hauled.
16. 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.
17. No later than September 1, 2022, submit an annual Food Recovery report to the City for the period of January 1, 2022, through June 30, 2022, that includes the list of Food Recovery Organizations and Services contracted to receive recovered edible food and the amount of edible food in pounds collected for each Food Recovery Organizations and Services. Submit annual Food Recovery report to the City July 1, 2023, and on or before July 1 each year thereafter for the period covering the entire previous calendar year.
18. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. 590, 2021, Ord. 555, 2016)

1. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement shall maintain the following records otherwise:
2. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects edible food.
3. The quantity in pounds of edible food collected from each Commercial Edible Food Generator per month.
4. The quantity in pounds of edible food transported to each Food Recovery Organization per month.
5. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports edible food to for Food Recovery.
6. Food Recovery Organizations collecting or receiving edible food directly from Commercial Edible Food Generators, via a contract or written agreement shall maintain the following records:
7. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives edible food.
8. The quantity in pounds of edible food received from each Commercial Edible Food Generator per month.
9. The name, address, and contact information for each Food Recovery Service that the organization receives edible food from for food recovery.
10. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
11. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators shall report to the City it is located in the following:
12. The list of Commercial Edible Food Generators
13. The total pounds of edible food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators
14. The above report is due to the city by:
15. September 1, 2022, for the period of January 1, 2022, through June 30, 2022
16. July 1, 2023, and on or before July 1 each year thereafter for the period covering the entire previous calendar year.
17. Provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days unless a shorter timeframe is otherwise specified by the City.

(Ord. 590, 2021)

1. Exclusive Franchise Hauler providing residential, commercial, or industrial Organic Waste collection services to generators within the City’s boundaries shall meet the requirements and standards as set in the contract or agreement with the City and in compliance with state law.

(Ord. 590, 2021)

Self-Hauler application and certification shall be approved by the city and franchise hauler prior to beginning any self-haul operations.

1. Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that City otherwise requires generators to separate for collection in the City’s organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with the three-container system (Gray container for trash, blue container for recyclables, and green container for organic waste including food waste), or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility specified by the City.
2. 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 specified by the city.
3. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to inspection by the city’s designated enforcement entity or designated third party enforcement entity. The records shall be submitted to the City on a quarterly basis, beginning April 10 of each year, or by the 10th of the month following the end of the quarter based on the calendar year. The records shall include the following information:
4. Delivery receipts and weight tickets from the entity accepting the waste.
5. The amount of material in cubic yards or tons transported by the generator to each entity.
6. 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.

(Ord. 590, 2021)

1. City representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. 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 must provide proof of compliance to the City upon request.
2. Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for:
3. access to an entity’s premises; or
4. access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.
5. Any records obtained by a City during its Inspections, 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.
6. City representatives, its designated entity, and/or Designee are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
7. City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. Guidance: Jurisdiction shall develop a method to accept anonymous complaints and require that all complaints be made in writing with specified information. See SB 1383 Regulations (14 CCR Section 18995.3) for more guidance.

(Ord. 590, 2021)

1. Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the city enforcement official or representative. Enforcement Actions under this ordinance are issuance of an administrative citation and assessment of a fine. The procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.
2. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations or the filing of lien on the subject property. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
3. Responsible Entity for Enforcement
4. Enforcement pursuant to this ordinance may be undertaken by the City Enforcement Official, which may be the city manager or their designated entity, code enforcement officer, legal counsel, or combination thereof.
5. Process for Enforcement
6. City Enforcement Officials and/or their designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring).
7. City may issue an official notification to notify regulated entities of its obligations under the ordinance.
8. For incidences where prohibited container contaminants are found in containers, the city 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 five (5) days after determining that a violation has occurred. If the city observes prohibited container contaminants in a generator’s containers on more than three (3) consecutive occasions, the city may assess contamination penalties on the generator.
9. With the exception of violations of generator contamination of container contents addressed under Section 17(d)(3), the city shall issue a Notice of Violation requiring compliance within 30 days of issuance of the notice.
10. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the requirements contained in this section.

Notices shall be sent to “owner” at the official address of the owner maintained by the city finance department 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 are dependent upon the type of violation and in an amount which is set by resolution of the City Council.

F. Factors Considered in Determining Penalty Amount

The following factors can be used to determine the amount of the penalty for each violation within the appropriate penalty amount:

1. The nature, circumstances, and severity of the violation(s). 2. The willfulness of the violator's misconduct. 3. Whether the violator took measures to avoid or mitigate violations of this chapter. 4. Evidence of any economic benefit resulting from the violation(s). 5. The deterrent effect of the penalty on the violator. 6. Whether the violation(s) were due to conditions outside the control of the violator.

G. Compliance Deadline Extension Considerations The city may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 10 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 Appeal process of citations issued is identified in Title 1, Section 1.18.100, Appeal of Administrative Citation of the Lindsay Municipal Code.

I. Education Period for Non-Compliance Beginning January 1, 2022 and through December 31, 2023, the city will conduct inspections, type of regulated entity, to determine compliance, and if the city determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

J. Civil Penalties for Non-Compliance Beginning January 1, 2024, if the city determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section 10, as needed.

(Ord. 604 2023, Ord. 590, 2021)

Procurement requirements for city departments, direct service providers, and vendors are referenced in the City of Lindsay Finance and Accounting Policies and Procedures document.

(Ord. 590, 2021)