Lomita Municipal Code Ch. 3 Integrated Waste Management

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Editor's note— Ord. No. 615, § I, adopted February 22, 2000, amended in its entirety title V, ch. 3 to read as herein set out. Former title V, ch. 3, §§ 5-3.01—5-3.42 pertained to similar subject matter and derived from Ord. No. 534, § 1, adopted Dec. 5, 1994.

The following terms are defined for the purposes of this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by the SB 1383 Regulations and division 30, part 1, chapter 2 of the Public Resources Code, §§ 40000, et seq., and the regulations of the CalRecycle, if defined therein, and if not, to the definitions found in the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901, et seq. and the regulations implementing RCRA, as they may be amended from time to time. In the event of a conflict between the Lomita Municipal Code and the above regulations, the Lomita Municipal Code shall prevail.

AB 939 or Act means the California Integrated Waste Management Act of 1989, (sometimes referred to as "AB 939"), codified in part at Public Resources Code, §§ 40000 et seq. as it may be amended from time to time.

Blue container has the same meaning as in 14 CCR § 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 waste.

Bulky waste or bulky goods means and includes, but not by way of limitation, large and small household appliances, furniture, carpets, mattresses, white goods, brown goods, tires and oversized yard waste such as tree trunks and large branches if no larger than two (2) feet in diameter and four (4) feet in length, discarded from residential premises in the city.

CCR means the California Code of Regulations.

CalRecycle means the California Department of Resources Recycling and Recovery.

City means the City of Lomita, a municipal corporation, and all of the territory lying within the municipal boundaries of the city as presently existing and all geographic areas which may be added or annexed to the city.

City manager means a person having that title in the employ of the City of Lomita or the city manager's duly authorized representative.

Civic litter containers means city-owned containers located in public areas for disposal of waste generated by the public, which meet the standards of 14 CCR §§ 17830, et seq.

Collection means the act of collecting solid waste, at or near the place of generation or accumulation, by a solid waste enterprise which has made arrangements with the owner, agent, or occupant of the premises receiving solid waste collection services.

Commercial, commercial premises, or commercial business means a business, industrial, commercial establishment, or construction site, and any multiple-family, residential dwelling with five (5) units.

Commercial bins means bins provided by a solid waste enterprise, usually three (3) cubic yards, more or less in capacity, designed for the deposit of solid waste, recyclables, and organic waste placed at commercial premises for the collection of commercial solid waste, recyclables, and organic waste and charged at commercial rates. "Commercial bins" do not include construction and demolition bins, roll-offs or low-boys placed at residential premises.

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

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

Container means any cart, bin, container, vessel, can or other receptacle used for the temporary accumulation, collection and removal of solid waste, recyclables and organic waste for collection service.

Container contamination or contaminated container means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR § 18982(a)(55).

Designated source separated organic waste facility shall have the same definition as 14 CCR § 18982(14.5).

Designee means an entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities as authorized in 14 CCR § 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

Drop box means and includes low-boy bins and roll-off bins.

Edible food means food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a)(18). "Edible food" is not solid waste if it is recovered and not discarded.

Enforcement action means an action of the city to address non-compliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

Enforcement officer means the city manager, county administrative official, chief operating officer, executive director, public works director or other executive in charge or their authorized designee(s) who is/are partially or whole responsible for enforcing this chapter.

Food recovery means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24).

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

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

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

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

Food recovery service means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR § 18982(a)(26).

Food waste means food scraps separated from solid waste and offered for collection by franchisee, that will decompose and/or putrefy including (i) all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs, and (ii) paper waste contaminated with food waste.

Franchise or solid waste franchise means the right and privilege granted by the city: (1) to make arrangements for the collection of and to collect, (2) to transport to landfills, transformation facilities or other licensed solid waste management facilities and/or (3) to recycle solid waste collected within the city. Any solid waste franchise granted by the city shall be in writing, granted by the city council, by resolution, specifically identifying the solid waste enterprise, and shall be subject to all of the rights, if any, held by any other solid waste enterprise pursuant to Public Resources Code § 49520 et seq. A business license and permit issued pursuant to this Code, the "business license law" of the city is not a solid waste franchise and confers no continuation rights under Public Resources Code § 49520 et seq. or other law.

Franchise fee means the fee or assessment imposed by the city on a solid waste enterprise which holds a solid waste franchise.

Generator or waste generator means any person or other entity which produces or is responsible for the initial creation of waste.

Gray container has the same meaning as in 14 CCR § 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste.

Gray container waste means solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR §§ 18984.1(a)-(b), or as otherwise defined in 14 CCR § 17402(a)(6.5).

Green container has the same meaning as in 14 CCR § 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

Green waste means any and all forms of biodegradable plant material which can be placed in a covered container, such as wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and weeds as well as green waste. Tree stumps and limbs greater than three (3) inches in diameter are excluded unless they are reduced to a chipped form; otherwise, such large portions of green waste shall be considered bulky waste. "Green waste" includes Christmas trees and Hanukkah bushes but does not include stumps or branches exceeding four (4) inches in diameter or four (4) feet in length, dirt, palm fronds, yucca or cactus.

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, or as otherwise defined in 14 CCR § 18982(a)(30).

Gross revenues means any and all revenue or compensation in any form derived directly or indirectly by a solid waste enterprise which holds a solid waste franchise, its affiliates, subsidiaries, parents and any person or entity in which a solid waste enterprise has a financial interest, from the collection, transportation, processing, disposal and other services with respect to solid waste, including recyclables and organic waste, collected within the city, in accordance with generally accepted accounting principles, pursuant to a solid waste franchise, permit, or license. "Gross revenues" include, but are not limited to, monthly customer fees for collection of solid waste, including recyclable solid wastes, special pickup fees, commercial bin and drop box rental and collection fees, fees for redelivery of commercial bins and drop boxes and revenue from the sale of recyclables, without subtracting franchise fees or any other cost of doing business.

Hazardous waste means any waste materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., or the Carpenter-Presley-Tanner Hazardous Substance Account Act, ("HSAA"), California Health and Safety Code §§ 25300, et seq., and all future amendments to any of them, or as defined by CalRecycle. Where there is a conflict in the definitions employed by two (2) or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous waste" shall be construed to have the broader, more encompassing definition.

High diversion organic waste processing facility means a facility that is in compliance with the reporting requirements of 14 CCR § 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 § 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR § 17402(a)(11.5); or, as otherwise defined in 14 CCR § 18982(a)(33).

Inspection means a site visit where a city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR § 18982(a)(35).

Integrated waste collection means the collection of source separated green container organic waste in the green container, source separated recyclable materials in the blue container; and gray container waste in the gray container.

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

Large venue means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. 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. 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.

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

Mixed waste organic collection stream or mixed waste means organic waste collected in a container that is required by 14 CCR §§ 18984.1,18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR § 17402(a) (11.5).

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.

Notice of violation or "NOV" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR § 18982(a)(45) or further explained in 14 CCR § 18995.4.

Organics, organic waste, organic waste and organic material means solid waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food waste, green waste, non-hazardous wood waste, and unwaxed food-soiled paper.

Organic waste generator means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR § 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 § 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 § 18982(a)(54).

Prohibited container contaminants means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container; (iii) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in the city's green container and/or blue container; and, (iv) non-solid waste items placed in any container.

Recovered organic waste products means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR § 18982(a)(60).

Recovery means any activity or process described in 14 CCR § 18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49).

Recyclable materials or recyclables means material such as, but not limited to, paper, cardboard, glass, metal and aluminum cans, and plastics which is separated from other waste or refuse for the purpose of recycling.

Recycling means the process of collecting and turning used products into new products by reprocessing or remanufacturing them.

Recycled-content paper means paper products and printing and writing paper that consists of at least thirty (30) percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR § 18982(a)(61).

Remote monitoring means the use of the internet of things and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

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, or as otherwise defined in 14 CCR § 18982(a)(65).

SB 1383 means Senate Bill 1383 (Chapter 395, Statutes of 2016).

SB 1383 regulations means 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 means a person, who hauls solid waste, organic waste or recyclable materials 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 § 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 § 18982(a)(66)(A).

Single-family or single-family residential means of, from, or pertaining to any residential premises with fewer than five (5) units.

Solid waste means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge that is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous, radioactive waste or medical waste.

Source separating or source separation means the process of removing recyclable materials from solid waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for recyclable materials.

Source separated blue container waste means source separated 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 14 CCR § 18982(a)(43), or as otherwise defined by 14 CCR § 17402(a)(18.7).

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

Supermarket means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), 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 § 18982(a)(71).

Tier one commercial edible food generator means 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.

(3) Food service provider.

(4) Food distributor.

(5) Wholesale food vendor.

Tier two commercial edible food generator means a commercial edible food generator that is one of the following:

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

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

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

(4) Large venue.

(5) Large event.

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

(7) A local education agency facility with an on-site food facility.

White goods means discarded enameled household appliances, such as refrigerators, freezers, stoves, washer/dryers, water heaters, dishwashers, trash compactors and similar items.

Wholesale food vendor means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR § 189852(a)(76).

(Ord. No. 615, § I, 2-22-00; Ord. No. 699, § 1, 4-2-07; Ord. No. 826, § 1(Exh. A), 12-7-21)

In order to protect public health, safety and well-being, to control the spread of vectors, and to limit sources of air pollution, noise and traffic within the city the city council may grant one or more exclusive solid waste franchises to one or more solid waste enterprises to make arrangements with the persons in charge of day-to-day operations at premises in the city for the collection, transfer, recycling, composting and disposal of solid wastes, recyclables, and organic waste within and throughout the city.

(1) Manner, time and frequency of collection. A solid waste enterprise which arranges for the collection of solid wastes, recyclables, and organic waste shall make arrangements with their customers specifying the manner in which integrated waste management services are to be provided, subject to the city's exercise of its police powers to protect public health, safety and well-being and to limit the spread of vectors and to limit sources of noise and air pollution within the city by prohibiting the collection of solid wastes between certain hours and on certain holidays.

(2) Categories. In order to carry out its duties to plan for the management of vehicular traffic and mitigate adverse air quality effects, the city council may determine waste management collection categories, including, but not limited to, e.g., residential, multifamily residential, commercial, industrial, special, special event, and household hazardous waste, including solid waste, recyclables, organic waste, green waste and others and may make or impose solid waste franchise, license, contract or permit requirements which vary for such categories.

(3) Collection arrangements required. In order to protect the public health, safety and well-being and to prevent the spread of vectors, the person responsible for the day-to-day operation of every place or premises in the city shall make arrangements with a solid waste enterprise for the collection of solid wastes, recyclables, and organic waste as set forth in this chapter, or obtain a self-haul permit from the city, as provided for in section 5-3.60, below, and to implement measures to reach the diversion and other goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended from time to time.

(Ord. No. 615, § I, 2-22-00; Ord. No. 826, § 1(Exh. A), 12-7-21)

(a) Fees.

(1) Pursuant to Public Resources Code §§ 41900 et seq., the city may levy fees upon solid waste enterprises and solid waste service recipients for planning and program development and administration regarding solid and household hazardous waste, recyclables, organic waste, and/or green waste planning, and for access to collection service, for collection service, inspection, auditing, transfer and disposal and the planning for and response to releases and spills of solid wastes which have the characteristics of hazardous substances. Such fees may include charges for the use of disposal facilities and may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements and integrated waste management plans. The city may collect such charges by such means as the council may elect.

(2) The city council, by resolution, may waive permit fees for recyclers and collectors of organic waste.

(b) Residential solid waste collection solid waste franchises, permits and licenses.

(1) The city council may award one or more exclusive solid waste franchises for collection of solid wastes, including recyclables, and/or organic waste from all or a portion of residential premises in the city. Any such residential solid waste franchise shall be granted, in writing, by the city council by resolution.

(2) A residential solid waste franchise shall be granted by resolution on such terms and conditions as the city council in its sole discretion shall establish as matters of local concern. At a minimum, a residential solid waste franchise shall be in writing, naming the solid waste enterprise, and shall provide that:

a. The franchisee shall comply with the provisions of this chapter; and

b. The franchisee shall be required to protect, defend, indemnify and hold the city harmless from liability, including, specifically, liability under the Resource Conservation and Recovery Act of 1976 ("RCRA") (42 U.S.C. §§ 6901 et seq.), the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., or the Carpenter-Presley-Tanner Hazardous Substance Account Act, ("HSAA"), California Health and Safety Code §§ 25300, et seq., and all future amendments to any of them, as they may be amended from time to time and all regulations implementing these acts; and

c. The franchisee shall be required to cooperate with the city in solid waste disposal characterization studies or other waste stream audits and to submit information required by the city to meet the reporting requirements of AB 939 and the SB 1383 Regulations and to implement measures consistent with the city's source reduction and recycling element in order for the city to reach the diversion and other goals mandated by the California Integrated Waste Management Act of 1989, and the SB 1383 Regulations as it may be amended from time to time.

(c) Commercial solid waste collection franchises, permits and licenses.

(1) The city council may award one or more exclusive solid waste franchises, permits, licenses or other forms of authorization (collectively a "commercial solid waste franchise") for the collection of solid wastes, including recyclables and/or organic waste, from commercial premises in the city. Any such commercial solid waste franchise(s) shall be granted by the city council by resolution upon a determination that the public health, safety and well-being so require.

(2) A commercial solid waste franchise shall be granted on such terms and conditions as the city council in its sole discretion shall establish as matters of local concern. At a minimum, a commercial solid waste franchise shall be in writing, naming the franchisee, and shall provide as follows:

a. The franchisee shall comply with the provisions of this chapter; and

b. The franchisee shall be required to protect, defend, indemnify and hold the city harmless from liability, including, specifically, liability under the Resource Conservation and Recovery Act of 1976 ("RCRA") (42 U.S.C. §§ 6901 et seq.), the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., or the Carpenter-Presley-Tanner Hazardous Substance Account Act, ("HSAA"), California Health and Safety Code §§ 25300, et seq., and all future amendments to any of them, as they may be amended from time to time and all regulations implementing these acts, on terms satisfactory to the city; and

c. The franchisee shall be required to cooperate with city in solid waste disposal characterization studies or other waste stream audits, to submit information required by city to meet the reporting requirements of AB 939 and the SB 1383 Regulations and to implement measures consistent with the city's source reduction and recycling element in order for the city to reach the diversion goals mandated by the California Integrated Waste Management Act of 1989 and the SB 1383 Regulations, as it may be amended from time to time, to the extent authorized by law.

(d) Solid waste facilities. No person shall construct or operate a solid waste management facility, including, but not limited to, a materials recovery facility, solid waste transfer or processing station, composting facility, a buy-back or drop-off center, disposal facility or a recycling center without first satisfying all city requirements for land use, environmental and other approvals.

(e) Liability for fees.

(1) Each person required by this chapter to arrange for solid waste, recyclables, and organic waste collection shall be liable for the fees and charges for such collection.

(2) To protect public health, safety and well-being and to control the spread of vectors, the person responsible for day-to-day operation of each premises in the city shall make arrangements for collection, recycling and disposal of solid wastes, recyclables, and organic waste generated or accumulated on those premises in accordance with the requirements of this chapter. The fees and charges (plus any interest or penalties) shall be due and payable on the date stated on the bill. The person(s) responsible for day-to-day operation of each premises in the city at which solid waste, recyclables, and organic waste subject to this chapter is generated or accumulated shall be liable for the payment of all charges (plus any interest or penalties) for solid waste, recyclables, and organic waste services, including any recycling charges.

(3) If solid waste, recycling, and organic waste service fees and charges (and any applicable interest or penalties) are not paid within sixty (60) days of the date payment was due, the delinquencies may be placed on the property tax rolls for collection as set forth in Government Code section 38790.1 or other applicable law. Such authority shall be in addition to other available collection remedies provided by law.

(4) Upon receipt of written notice from the person responsible for day-to-day operation of a premises in the city to discontinue solid waste, recyclables, and organic waste collection services because the person in charge of day-to-day operations has obtained a self-haul permit in accordance with section 5-3.60 of this chapter, or because the premises are vacant, the solid waste enterprise providing solid waste, recyclable, and organic waste service shall refund any advance collection fees.

(f) Business licenses.

(1) Each solid waste enterprise furnishing solid waste, recyclables, and organic waste services (i.e., the collection and disposal of solid waste, recyclables, and organic waste) to any commercial premises or residential premises within the city shall comply with all requirements set forth in this chapter. These requirements include, but are not limited to, payment of all annual business taxes and any other requirements that the city council may impose. All city requirements shall be established or modified by city council ordinance or resolution. Each solid waste enterprise claiming a right to continue to provide solid waste, recyclable, and organic waste services in the city pursuant to Public Resources Code section 49520 et seq., the SB 1383 Regulations, or other law shall pay the business tax, shall adhere to the same standards for service (including waste stream diversion goals), shall charge comparable rates for service, and shall pay the same franchise fee as those standards, rates and franchise fees as are specified in an exclusive solid waste franchise entered into by the city with another solid waste enterprise. In accordance with Public Resources Code section 49521(b) "rates that are comparable to those established by the local agency" shall vary no more than five (5) percent above or below those rates set in any exclusive solid waste franchise entered into by the city and made applicable to all continuation solid waste enterprises by this subsection.

(2) If a solid waste enterprise claiming a right to continue to provide solid waste, recyclable, and organic waste handling services in the City of Lomita pursuant to Public Resources Code section 49520 et seq.; the SB 1383 Regulations, or other law fails to adhere to the same material standards, charge comparable rates for service, pay business taxes, and pay franchise fees required by the city of other solid waste enterprises with an exclusive solid waste franchise as provided in section 5-3.20(f) of the Lomita Municipal Code, such solid waste enterprise shall forfeit whatever, if any, continuation rights it may have had. The following standards are deemed by the city to be material: all insurance, bonding and indemnification requirements, rates of service, franchise fee payment, business tax payment, and all service standards set in an exclusive solid waste franchise agreement entered into by the city.

(3) Any person or entity which engages in the collection of residential or solid waste, recyclables, or organic waste in the city without first obtaining a city-issued business license as a solid waste enterprise shall be guilty of a misdemeanor punishable as provided generally for violations of the Lomita Municipal Code. Each day in which a person or entity engages in the collection of solid waste, recyclables, or organic waste the city without holding a business license issued by the city, shall be a separate offense.

(g) Revocation and suspension of licenses or operations in the City of Lomita—Grounds.

(1) Any solid waste franchise or other city-issued solid waste, recyclable, or organic waste collection authorization (collectively referred to as "franchise") issued under this chapter is subject to revocation or suspension for cause.

(2) No solid waste enterprise which engages in any act or conduct which falls in any one or more of the following may collect solid waste, recyclables, or organic waste in the City of Lomita:

a. When the operations of the solid waste enterprise shall be contrary to the public health, safety, well-being, peace, welfare or morals, or shall be found to constitute a public nuisance;

b. If the solid waste enterprise violates any material federal or state law, regulation of CalRecycle, a local law, this Municipal Code, or any material condition of a solid waste franchise affecting public health and safety in the city;

c. If the solid waste enterprise practices, or attempts to practice, any fraud or deceit upon the city, or makes or uses any false, fictitious or fraudulent statements or representations, or practiced any fraud or deceit or made any false, fictitious or fraudulent statements or representations in connection with the issuance or renewal of the solid waste franchise;

d. If the solid waste enterprise becomes insolvent, unable or unwilling to pay its debts, or a receiver or trustee is appointed to take over and conduct the business of the solid waste franchisee whether in a receivership, reorganization or bankruptcy proceeding;

e. If the solid waste enterprise fails to provide or maintain in full force and effect the workers compensation, liability and indemnification coverages or cash bond as required;

f. If the solid waste enterprise violates any order or ruling of any regulatory body with respect to solid waste, recyclables, or organic waste collected within the city, except that such order or ruling may be contested by appropriate proceedings conducted in good faith, in which case no violation shall be deemed to have occurred until a final decision adverse to the solid waste enterprise is entered; or

g. A solid waste enterprise claiming a right to continue to provide solid waste, recyclables, or organic waste services in the City of Lomita pursuant to Public Resources Code § 49520 et seq., SB 1383, or other law fails to adhere to the same material standards required by the city of other solid waste enterprises with an exclusive solid waste franchise.

(h) Termination of solid waste franchises, continuation rights or operations of a solid waste enterprise—Procedure for notification of deficiencies and suspension or revocation.

(1) If the City's AB 939 coordinator determines that the performance of a solid waste enterprise in the city may not be in conformity with reasonable industry standards which obtain in Southern California, the Act, or SB 1383 including, but not limited to, requirements for implementing diversion, source reduction and recycling, or any other applicable federal, state or local law or regulation, including, but not limited to, the laws governing transfer, storage or disposal of solid and hazardous waste, or this chapter, the AB 939 coordinator shall advise the solid waste enterprise in writing of such suspected deficiencies. In any written notification of deficiencies, the AB 939 coordinator shall set a reasonable time within which the solid waste enterprise is to correct the deficiencies and respond. Unless otherwise specified, a reasonable time for response and correction of deficiencies shall be thirty (30) days from the receipt of such written notice by the solid waste enterprise.

(2) At the expiration of the time set for response from the solid waste enterprise, the city's AB 939 coordinator shall review the record, including any written response from the solid waste enterprise to the notice of deficiencies and resolve the matter in favor of the solid waste enterprise, or order remedial action to cure any breach, and inform the solid waste enterprise in writing of the resolution. A decision or order of the city's AB 939 coordinator shall be final and binding unless the solid waste enterprise files a "notice of appeal" with the city clerk (with copy to the city manager and city attorney) within thirty (30) days of receipt of the decision or order of the city's AB 939 coordinator. A "notice of appeal" shall state the legal basis and all legal and factual contentions of the solid waste enterprise and shall include all evidence, including affidavits, documents, photographs and videotapes. A "notice of appeal" shall not be accepted by the clerk for filing unless accompanied by a "notice of appeal filing fee" in an amount to be set by the city council, by resolution.

(3) Within thirty (30) business days of receipt by the city clerk of a notice of appeal, the city manager shall decide the matter in favor of the solid waste enterprise, order remedial actions to cure any breach, terminate forthwith the solid waste franchise or other form of authorization, order the solid waste enterprise to cease operations in the city or refer the matter to the city council and inform the solid waste enterprise, in writing, of the resolution and the basis for the resolution. The decision or order of the city manager shall be final and conclusive unless the solid waste enterprise files a "notice of appeal to the city council" with the city clerk (and serves a copy, by mail, on the city manager and the city attorney) within thirty (30) days of receipt of the decision or order of the city manager. A "notice of appeal to the city council" shall state the legal basis and all factual and legal contentions of the appellant and shall include all evidence, including affidavits, documents, photographs and videotapes. A "notice of appeal to the city council" shall not be accepted by the clerk for filing unless accompanied by a "notice of appeal filing fee" in an amount to be set by the city council, by resolution.

(4) If a matter is referred by the city manager to the city council, or a "notice of appeal to the city council" is timely filed, the city council may set the matter for an administrative hearing and act on the matter or decline to hear the matter. If the city council elects to hear the matter, the city clerk shall give fourteen (14) days written notice of the time and place of the administrative hearing. At the hearing, the city council shall consider the administrative record, including the notice of deficiency, the solid waste enterprise's response, the statement of resolution by the city manager and the solid waste enterprise's "notice of appeal to the city council" and shall give the solid waste enterprise, or its representatives and any other interested person, a reasonable opportunity to be heard. The proceedings before the council shall be an informal administrative hearing and the rules of evidence, as generally applied in judicial proceedings, shall not be applicable.

(5) Based on the administrative record, the council shall determine by resolution whether the decision or order of the city manager or AB 939 coordinator should be upheld. A tie vote of the city council shall be regarded as upholding the action of the city manager or AB 939 coordinator. If, based upon the record, the city council determines that the performance of the solid waste enterprise is in breach of any material provision of any applicable federal, state or local statute or regulation, or other cause for termination of the solid waste franchise, or decides to order the solid waste enterprise to cease operations in the city, the city council, in the exercise of its sole discretion, may order remedial actions to cure the breach, or terminate forthwith the solid waste franchise or order operations in the city to cease. The decision of the city council shall be final and conclusive.

(6) Nothing in this chapter shall preclude the city from exercising any other remedy, including criminal prosecution or seeking equitable relief.

(i) Transfer restricted. A solid waste franchise or other form of city-granted solid waste collection authorization shall not be transferable, except as follows:

(1) A solid waste franchise shall not be transferred, sold, sublet or assigned, nor shall any of the rights or privileges therein be leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of the solid waste enterprise nor by operation of law without the prior written consent of the city expressed by resolution. For purposes of this section, any sale, dissolution, merger, consolidation or other reorganization of the solid waste enterprise or the sale or other transfer of an accumulative ten (10) percent or more of the voting stock of a corporate solid waste enterprise by any person, or group of persons acting in concert, who already own less than fifty (50) percent of the voting stock of the solid waste enterprise shall be deemed a change in control. Any attempt of the solid waste enterprise to assign the solid waste franchise without the prior written consent of the city shall be void.

(2) An application for a transfer of a solid waste franchise shall be made in a manner prescribed by the city manager. The application shall include a franchise transfer application fee in an amount to be set by the city by resolution of the council, to cover the anticipated cost of all reasonable and customary direct and indirect administrative expenses including consultants and attorneys, necessary to adequately analyze the application and to reimburse the city for direct and indirect expenses. In addition, the solid waste franchisee shall reimburse the city for all reasonable consultants', attorneys' and staff costs not covered by the franchise transfer application fee, whether or not the city approves the application for transfer. The city's request for reimbursement shall be supported with evidence of the expenses and costs incurred. The solid waste enterprise and the applicant for transfer shall be jointly and severally liable for the payment of any reasonable consultants', attorneys' and staff costs not covered by the franchise transfer application fee.

(3) The applicant for a transfer of a solid waste franchise shall have the burden of demonstrating that it has the operational and financial ability to meet all obligations of the solid waste franchise.

(4) The city shall not be required to give its consent to a transfer of the solid waste franchise.

(5) Notwithstanding the above, the holder of a solid waste franchise shall be entitled to pledge, encumber, or grant any security interest in the solid waste franchise provided that the holder shall first notify and obtain city consent to such transaction, subject to the following conditions:

a. Any consent so granted shall not be deemed a consent to the exercise by such pledgee, encumbrancer, or secured party of any rights of the holder under the solid waste franchise, permit, franchise or other authorization unless so noted by the city;

b. Any consent so granted shall not be deemed a consent to any subsequent transfer or assignment. Any subsequent transfer or assignment shall be deemed an assignment of the solid waste franchise, permit, or other authorization within the meaning of this section and shall be void without the prior written consent of the city expressed by resolution; and

c. The pledgee, encumbrancer or secured party shall execute and deliver to the city a written instrument, in a form satisfactory to the city attorney, expressing agreement to be bound by the provisions of the solid waste franchise, permit, franchise or other authorization.

(Ord. No. 615, § I, 2-22-00; Ord. No. 639, §§ 1, 2, 5-21-01; Ord. No. 699, § 1, 4-2-07; Ord. No. 826, § 1(Exh. A), 12-7-21; Ord. No. 857, § 2, 9-19-23)

(a) Requirements for single-family generators.

(1) Single-family organic waste generators shall comply with the following requirements:

a. Shall subscribe to the city's solid waste, recyclables, and organic waste collection services for all solid waste, recyclables, and organic waste generated as described below in section 5-3.30(a)(1)c. The city 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 city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste through backyard residential composting, and/or using a community composting site.

b. To protect public health, safety and well-being and prevent the growth and spread of vectors, every person designated under section 5-3.10(c), or 5-3.60(a), as applicable, shall keep in a suitable place one or more containers capable of holding without spilling, leaking, or emitting odors, all solid waste, recyclables, and organic waste which would ordinarily accumulate on the premises between the time of two (2) successive collections.

c. Shall participate in the city's solid waste, recyclables, and organic waste collection service(s) by placing green waste in the green container; source separated recyclable materials in the blue container; and solid waste in the gray container. Generator shall not place materials designated for the green containers or blue containers in the gray containers.

(2) No person shall place ashes which are not cold and free from fire in any container or commercial bin.

(b) Requirements for commercial businesses.

(1) Generators that are commercial businesses, including multi-family residential dwellings, shall:

a. Subscribe to the city's three-container collection services and comply with requirements of those services as described below in section 5-3.30(b)(1)b. The city 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 city.

b. Participate in the city's three-container collection service(s) by placing source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and solid waste in the gray container. Generator shall not place materials designated for the gray container into the green container or blue container, nor place materials designated for the green container or blue container into the gray container.

c. Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors (conforming with section 5-3.30(b)(1)d.1—2 for employees, contractors, tenants, and customers, consistent with the city's blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with section 5-3.60.

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 § 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 city, 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 § 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 requirements in section 5-3.30(b)(1)d pursuant to 14 CCR § 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 in accordance with section 5-3.30(b)(1)b, or if recycling organics onsite or self-hauling under section 5-3.60, encourage recycling per the commercial businesses' instructions to support its compliance with its onsite recycling or self-haul program.

g. Excluding multi-family residential dwellings, periodically inspect 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 § 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 solid waste (when applicable) and the location of containers and the rules governing their use at each property.

j. Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with section 5-3.65 to confirm compliance with the requirements of this chapter.

k. Accommodate and cooperate with city's remote monitoring program, if utilized, for inspection of the contents of containers for prohibited container contaminants, to evaluate generator's compliance with section 5-3.30(b)(1)b). The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.

l. If a commercial business wants to self-haul, meet the self-hauler requirements in section 5-3.60.

m. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site.

n. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to section 5-3.70.

(c) Containers: placement and removal.

(1) No person shall place a residential solid waste, recyclable, or organic waste container adjacent to a street or public right-of-way for collection if the container and its contents weigh more than fifty (50) pounds, unless automated collection is used.

(2) To minimize interference with public rights-of-way, no person shall place a container or any bulky goods adjacent to a street or public right-of-way for collection service before 4:00 p.m. on the day preceding the regularly scheduled collection day. Bulky goods may not be set out for collection unless the owner, agent, or occupant of the premises has made prior arrangements with a solid waste enterprise approved by the city for pick up of the bulky goods.

(3) During the hours for collection, residential solid waste, recyclable, and organic waste containers shall be placed at the location designated by the solid waste enterprise holding the residential solid waste franchise and shall be accessible for mechanized pick-up, if mechanized pick-up methods are utilized by the solid waste enterprise. Except during the time a container is placed for curbside collection, residential solid waste, recyclable, and organic waste containers shall not be visible from the public right-of-way. Commercial bins shall be accessible to the solid waste enterprise providing solid waste services at that location.

(4) Solid waste, recyclable, and organic waste containers shall be removed from any location adjacent to a street or right-of-way not later than 8:00 a.m. on the day following the regularly scheduled collection day.

(5) No container or bin may be stored in any front yard or side yard that is visible from a public street.

(6) A solid waste enterprise which has been notified by a commercial solid waste, recyclable, or organic waste service recipient or the city that commercial solid waste, recyclable, or organic waste service is to be discontinued at a particular service location shall remove all of its commercial bins from the premises of the service recipient who is discontinuing commercial solid waste, recyclable, or organic waste service within one week following receipt of notification that commercial solid waste, recyclable, or organic waste service is to be discontinued.

(7) No solid waste enterprise shall place a commercial bin at any location within the city unless the bin is marked, labeled, and identified in compliance with this chapter.

(8) Each solid waste enterprise shall maintain its commercial bins within the city in a manner to protect public health and safety and prevent the spread of vectors. Each solid waste enterprise shall maintain its containers free from any exterior paint or markings commonly referred to as "graffiti" or "tagging."

(9) Each solid waste enterprise shall post each of its commercial bins in the city with conspicuous notices on each side of the commercial bin that the commercial bin is not to be used for the disposal of hazardous waste.

(Ord. No. 615, § I, 2-22-00; Ord. No. 826, § 1(Exh. A), 12-7-21)

(a) Frequency of collection and removal.

(1) To protect public health, safety and well-being, and to protect the city and prevent the growth and spread of vectors, persons in charge of the day-to-day operation of each premises in the city shall make arrangements to have all solid waste, recyclables, and organic waste on the premises (other than construction and demolition debris) collected and removed not less frequently than once a week.

(2) Each solid waste enterprise shall collect the contents of each bin or container (except construction and demolition bins) placed, located or maintained in the city by that solid waste enterprise not less frequently than once per week.

(3) Subject to the requirements for minimum removals per week, set forth above, persons in charge of the day-to-day operation of commercial premises, including, but not limited to restaurants and multi-family residential premises, may specify the frequency of collection of solid waste, recyclables, and organic waste from the premises and the size and number of commercial or multi-family residential bins required.

(4) In order to protect residents' quiet enjoyment of their residential premises, collection from residential premises, both single family and multifamily, shall not be made between the hours of 6:00 p.m. and 7:00 a.m. of any day. Collection from commercial premises at locations more than six hundred (600) feet from any residential zone and/or use within the city shall not be made between the hours of 6:00 p.m. and 6:00 a.m. Collection from commercial premises at locations less than six hundred (600) feet from any residential zone and/or use within the city shall not be made between the hours of 6:00 p.m. and 7:00 a.m. Subject to the foregoing requirements, collections shall be made by arrangement between the person in charge of day-to-day operation of commercial premises and the solid waste enterprise.

(5) Solid waste enterprises shall design their routes and times for collection in a manner which minimizes air pollution, traffic, noise and wear and tear on public and private streets and other problems with the potential to adversely affect public health, safety, or the environment.

(b) Special collections. Subscribers to a solid waste, recyclables, and organic waste collection service may order special collections of such things as bulky waste and drop-off or roll-off bins provided; however, the person responsible for the day-to-day operation of each premises in the city shall make arrangements for the collection and disposal of bulky waste which has accumulated on the premises.

(Ord. No. 615, § I, 2-22-00; Ord. No. 826, § 1(Exh. A), 12-7-21)

(a) Collection equipment.

(1) To protect public health, safety and well-being, any truck used for the collection or transportation of solid waste, recyclables, and organic waste within the city shall be leakproof and equipped with a close-fitting cover which shall be affixed in a manner that will prevent spilling, dropping or blowing of any waste upon the public right-of-way during collection or transportation.

(2) No person shall park, or cause to be parked within the city any vehicle containing solid waste, recyclables, or organic waste unless the vehicle is free from odor and in a sanitary condition.

(b) Collection trucks: Noise. To protect the public health, safety and quiet enjoyment of the residents of the city, the noise level for collection vehicles during the stationary compaction process shall not exceed seventy-five (75) dB(A) at a distance of twenty-five (25) feet from the collection vehicle and at an elevation of five (5) feet from the horizontal base of such vehicles.

(Ord. No. 615, § I, 2-22-00; Ord. No. 826, § 1(Exh. A), 12-7-21)

(a) Self-haulers and gardeners; disposal at authorized sites; reporting requirements. Persons disposing of solid waste, including green waste, which they, or occupants of premises of which they are in charge of day-to-day activities, have generated ("self-haulers") and persons who possess a city license/permit issued pursuant to title VI, chapters 1 through 5, for gardening and landscaping maintenance services for hire ("gardeners"), shall source separate all recyclable materials and organic waste generated on-site from solid waste in a manner consistent with 14 CCR §§ 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility.

(b) Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

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

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

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

(3) If the material is transported to an entity that does not have scales onsite, 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 5-3.65 to the city if requested.

(e) A residential organic waste generator that self-hauls organic waste is not required to record information in subsection (c).

(f) Self-haul permits. Before collecting or transporting solid waste, including recyclables, or organic waste, each self-hauler and each gardener shall obtain a self-haul permit from the city.

(Ord. No. 615, § I, 2-22-00; Ord. No. 699, § 1, 4-2-07; Ord. No. 826, § 1(Exh. A), 12-7-21)

(a) 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 chapter by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, self-haulers, hauler, food recovery service, and food recovery organizations, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance section 5-3.30(b)(1)b the city may conduct container inspections for prohibited container contaminants using remote monitoring.

(b) The 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 described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in title I, chapters, administrative citations and penalties.

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

(d) 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 chapter, subject to applicable laws.

(e) 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.

(Ord. No. 826, § 1(Exh. A), 12-7-21)

(a) 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.

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

(2) Allow the city's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR § 18991.4.

(3) Keep records that include the following information, or as otherwise specified in 14 CCR § 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 § 18991.3(b).

b. A copy of all contracts or written agreements established under 14 CCR § 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.

(d) Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557.

(Ord. No. 826, § 1(Exh. A), 12-7-21)

Editor's note— Ord. No. 826, § 1(Exh. A), adopted December 7, 2021, in effect repealed § 5-3.70 and enacted a new § 5-3.70, as set out herein. The former section pertained to the collection of recyclable solid waste and green waste and derived from Ord. No. 615, § I, adopted Feb. 22, 2000.

(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 § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 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 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 § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991,5(a)(2):

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

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

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

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

(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, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified by the city.

(Ord. No. 826, § 1(Exh. A), 12-7-21)

(a) Until solid waste, recyclables, and organic waste has been picked up by a solid waste enterprise, the owner, agent of occupant of each premises in the city shall be responsible for the cleanup of any and all solid waste, recyclables, and organic waste generated, deposited, released, spilled, leaked, pumped, poured, emitted, emptied, discharged, injected, dumped or disposed into the environment, or which otherwise has come to be located outside an authorized container on, at, or in the premises. This cleanup responsibility includes the cleanup of solid waste, recyclables, and organic waste which has come to be located outside an authorized container for the collection of such solid waste notwithstanding human or animal interference with commercial bins or containers, wind or other natural forces and whether during storage, collection, removal, or transfer. For purposes of this section, the term "disposed into the environment" shall include, but is not limited to, the abandonment of or discarding of barrels, containers and other closed receptacles of solid or liquid waste of any kind whatsoever.

(b) Each solid waste enterprise shall clean up any solid waste, recyclables, or organic waste spilled or otherwise released or discharged into the environment during its collection, removal, or transfer.

(Ord. No. 615, § I, 2-22-00; Ord. No. 826, § 1(Exh. A), 12-7-21)

(a) De minimis waivers. The city may waive a commercial business' obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in section 5-3.85(a)(2) below. Commercial businesses requesting a de minimis waiver shall:

(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in section 5-3.85(a)(2) below.

(2) Provide documentation that either:

a. The commercial business' total solid waste, recyclables, and organic waste collection service is two (2) 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, recyclables, and organic waste collection service is less than two (2) 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.

(3) Notify city if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

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

(b) Physical space waivers. The city may waive a commercial business' or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city 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.

A commercial business or property owner may request a physical space waiver through the following process:

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

(2) Provide documentation 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 the city that it is still eligible for physical space waiver every five (5) years, if the city has approved application for a physical space waiver.

(c) Additional waivers. The city may provide any additional waivers of the requirements of this chapter to the extent permitted by applicable law. The public works director or his or her designee shall be responsible for determining the grounds for the waiver, its scope, and appropriate administration.

(d) Review and approval of waivers by city. Review and approval of waivers will be the responsibility of the public works director or his or her designee.

(Ord. No. 826, § 1(Exh. A), 12-7-21)

(a) Use of containers. To protect public health, safety and well-being and to control the spread of vectors, no person shall keep solid waste, recyclables, and organic waste in containers or commercial bins other than those approved by a solid waste enterprise; nor shall any person accumulate solid waste, recyclables, or organic waste for more than thirteen (13) consecutive days; nor shall any person keep upon any premises in the city any solid waste, recyclables, or organic waste which is offensive, obnoxious or unsanitary. All of the foregoing is unlawful, constitutes a public nuisance and may be abated in the manner now or hereafter provided by law for the abatement of nuisances.

(b) Removal of solid waste, recyclables, and organic waste and containers. To protect public health, safety and well-being and to control the spread of vectors, it shall be unlawful for any person other than the property owner, agent, occupant of the premises or agents of the solid waste enterprise authorized to collect from that premises to do the following:

(1) Move any container from the location where the container was placed for storage or collection;

(2) Remove any solid waste, recyclable material, or organic waste from any container; or

(3) Apply any paint or markings (commonly known as "graffiti" or "tagging") to any container without the prior written approval of the owner of the container.

(c) Bulky goods. To protect public health, safety and well-being and to minimize interference with public rights-of-way, no person shall place bulky goods adjacent to a street or public right-of-way without first having made arrangements with a solid waste enterprise licensed or permitted by the city for the pickup of the bulky goods.

(d) Civic litter container: institutional, commercial, or industrial solid waste prohibited. To protect public health, safety and well-being, no person shall place or deposit institutional, commercial, industrial, special, or hazardous waste in any civic litter container.

(e) Solid waste, recyclables, and organic waste burning prohibited. To protect public health, safety and well-being, no person shall burn any solid waste, recyclables, or organic waste within the city, except in an approved incinerator or transformation facility or other device for which a permit has been issued and which complies with all applicable permit and other regulations of air pollution control authorities and provided any such act of burning in all respects complies with all other laws, rules and regulations.

(f) Collection of solid waste, recyclables, and organic waste without solid waste franchise and permit prohibited.

(1) To protect public health, safety and well-being, no person except a solid waste enterprise with an exclusive solid waste franchise, or self-haulers authorized under section 5-3.60 shall collect any solid waste, recyclables, or organic waste from any residential premises within the city.

(2) No person other than a solid waste enterprise which has a business license issued by the city shall place a commercial bin for the accumulation of solid waste, recyclables, or organic waste at any premises within the city or collect any solid waste, recyclables, or organic waste from any commercial premises or permit or suffer a commercial bin to remain in any place within the city. Each day any person other than a solid waste enterprise which has a business license issued by the city shall collect any solid waste, recyclables, or organic waste from any commercial premises or place a commercial bin for the accumulation of solid waste, recyclables, or organic waste at any premises within the city, or permit or suffer a commercial bin to remain in any place within the city shall constitute a separate offense.

(3) If the city has granted one or more commercial solid waste franchises, then no person other than a solid waste enterprise which has an exclusive commercial solid waste franchise or which has continuation rights pursuant to the Public Resources Code or other law shall place a commercial bin for the accumulation of solid waste, recyclables, or organic waste at any commercial premises within the city or collect any solid waste, recyclables, or organic waste from any commercial premises or permit or suffer one of its commercial bins to remain in any place within the city. Each day any person other than a solid waste enterprise which has an exclusive commercial solid waste franchise shall collect any solid waste, recyclables, or organic waste from any commercial premises or place a commercial bin for the accumulation of solid waste, recyclables, or organic waste at any premises within the city, or permit or suffer a commercial bin to remain in any place within the city shall constitute a separate offense.

(4) Any solid waste enterprise with an exclusive solid waste franchise shall comply with all requirements contained in the franchise agreement, and all applicable provisions of local, state, and federal law.

(5) In the event there is no solid waste franchise or there is a qualifying permittee, the person shall meet the following requirements and standards as a condition of approval of a permit or other authorization with the city to collect organic waste.

a. Through written notice to the city annually on or before June 1, 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 or source separated green container organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

c. Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting construction and demolition debris.

d. Comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its permit or other agreement entered into with the city.

(6) Requirements for facility operators and community composting operations.

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

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

(g) Public nuisance. To protect public health, safety and well-being and to prevent the spread of vectors, it is unlawful and a public nuisance, for any person to occupy, inhabit, maintain, or to be in day-to-day control of any premises within the city for which arrangements have not been made for regular collection and removal services for solid wastes, recyclables, and organic waste and any other violation of this chapter is unlawful and may be enjoined as a nuisance.

(h) Unauthorized disposal prohibited. To protect public health, safety and well-being and to prevent the contamination of solid waste, recyclables, and organic no person shall place solid waste in, or otherwise use the solid waste, recyclable, or organic waste containers of another, without the permission of such other person.

(i) Unauthorized removal of recyclable solid wastes prohibited by state law. The unauthorized removal of recyclable materials placed at designated recycling collection locations is prohibited by California Public Resources Code §§ 41950-51.

(j) Solid waste, recyclables, and organic waste spills and releases prohibited. To protect public health, safety and well-being, no person transporting solid waste, recyclables, or organic waste within the city shall fail to immediately clean up, or arrange for the immediate cleanup, of any solid waste, recyclables, or organic waste released, spilled or dumped into the environment during removal or transport within the city by such person.

(k) Unlawful dumping prohibited. No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury or dispose into the environment (including by abandonment or discarding of barrels, containers and other closed receptacles of solid or liquid waste of any kind whatsoever) any solid or liquid waste, recyclables, or organic waste upon any premises within the city, or to cause, suffer, or permit any solid or liquid waste, recyclables, or organic waste to come to be located upon any premises in the city, except in an authorized or permitted container or at an authorized or permitted solid waste facility.

(l) Enforcement. Pursuant to California Penal Code Section 836.5, the city manager or the city manager's designee(s) (collectively, the city manager) is authorized to enforce the provisions of this chapter as well as those of California Penal Code §§ 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7 and 375; California Government Code §§ 68055 et seq.; and California Vehicle Code §§ 23111 and 23112; and the SB 1383 Regulations.

(m) Enforcement by designees. Wherever in this chapter enforcement authority is given to any city employee or officer, such authority may be exercised by designees of those officers and employees.

(n) Misdemeanor. Violation of any provision of this chapter shall be a misdemeanor.

(o) Enforcement authority. The city manager or the city manager's designee(s) shall have the authority to enforce the provisions of this chapter. This authority shall be in addition to the authority granted to law enforcement personnel pursuant to this Municipal Code.

(p) Civil action by authorized recycling agent. Nothing in this chapter shall be deemed to limit the right of any solid waste enterprise to bring a civil action against any person who violates California Public Resources Code §§ 41950-51, nor shall a conviction for such violation exempt any person from a civil action.

(q) Private contracts prohibited. It shall be unlawful for the person responsible for day-to-day operations of any place or premises in the city to contract for or to use the services of a person, company, or contractor collecting garbage, refuse or rubbish, unless such person, company, or contractor is duly authorized by the city, as set forth in this chapter.

(r) Fines. Violation of any of the provisions of this chapter are punishable as provided by title 1, chapter 5. Any fines imposed shall follow the process and meet the minimum amounts required by applicable law, including the SB 1383 Regulations.

GRAY CONTAINER

(Ord. No. 615, § I, 2-22-00; Ord. No. 668, § 1, 9-20-04; Ord. No. 699, § 1, 4-2-07; Ord. No. 719, § 2, 12-15-08; Ord. No. 826, § 1(Exh. A), 12-7-21)