Los Angeles County Municipal Code Ch. 20.91 Mandatory Organic Waste Disposal Reduction Ordinance

The ordinance codified in this Division 4B shall be known, and may be cited, as the "Mandatory Organic Waste Disposal Reduction Ordinance."

(Ord. 2021-0059 § 1, 2021.)

In 2016, the California Legislature adopted Senate Bill 1383 ("SB 1383"), directing the California Department of Resources Recycling and Recovery ("CalRecycle") to adopt regulations designed to reduce the amount of organic waste that is disposed in landfills in order to reduce the amount of methane gas that is released into the atmosphere and contributes to climate change. In November 2020, in accordance with SB 1383, CalRecycle adopted the California Short-Lived Climate Pollutants: Organic Waste Methane Emissions Reductions Regulations ("SB 1383 Regulations").

The SB 1383 Regulations require, among other things, that local jurisdictions adopt ordinances or other enforcement mechanisms that: (1) require Organic Waste Generators and Haulers to divert Organic Waste from landfills to facilities that transform Organic Waste into compost and other useful products; and (2) require Commercial Edible Food Generators to Recover Edible Food that would otherwise be disposed, so that it can be provided to people who are experiencing food insecurity.

The purpose of this Chapter is to reduce greenhouse gas emissions by requiring Organic Waste Generators within the unincorporated area of Los Angeles County, or within a Garbage Disposal District, as defined herein, as well as generators of Recoverable Edible Food waste located within the unincorporated area of Los Angeles County, to divert Organic Waste from landfills, as required by the SB 1383 Regulations. The requirements of this Chapter will promote the diversion of Organic Waste from landfills and the creation of compost and fuel products, reduce food waste, and expand the Recovery of Edible Food to make it available to food banks and similar organizations. This will benefit all County residents by limiting reliance on landfills, reducing greenhouse gas emissions, and conserving natural resources.

(Ord. 2023-0019 § 1, 2023; Ord. 2021-0059 § 1, 2021.)

The following definitions apply to this Chapter:

A.

"Authorized Hauler" means a Hauler that is authorized to collect Organic Waste from Organic Waste Generators in one of the following ways:

A Franchise with the County authorizing the collection of Organic Waste, Non-Organic Recyclables, and Non-Organic Waste;

A contract with the County to collect Organic Waste, Non-Organic Recyclables, and Non-Organic Waste from Organic Waste Generators located within a Garbage Disposal District;

Authorization from the Director, in accordance with Section 20.91.100 of this Chapter, to collect Organic Waste from Organic Waste Generators after demonstrating that the Hauler manages such Organic Waste in accordance with the Organic Waste Collection Service requirements of the SB 1383 Regulations, as set forth in Title 14, sections 18984.1, 18984.2, or 18984.3, of the California Code of Regulations; and

A contract or Franchise with the County to collect Organic Waste as a Micro-Hauler.

B.

"Commercial Business" means any commercial enterprise or non-profit organization, whether organized as a sole proprietorship, firm, partnership, corporation, non-profit corporation, limited liability company, limited partnership, business association, or however otherwise organized. The term Commercial Business also includes Public Agencies, and includes Persons such as shopping centers and strip malls that lease or otherwise provide space to other Commercial Businesses, as well as Commercial Businesses that rent or inhabit such space. It also includes Persons that own, operate, or manage Multi- Family Residential Dwellings. The term Commercial Business does not include a Residence, but it does include a commercial enterprise or non-profit organization that is operated at a Residence.

C.

"Commercial Edible Food Generator" has the meaning set forth in Title 14, section 18982(a)(7), of the California Code of Regulations, and includes the following types of Commercial Businesses to the extent that they operate within the unincorporated area of the County:

A "Tier One Commercial Edible Food Generator," which has the meaning set forth in Title 14, section 18982(a)(73), of the California Code of Regulations, and consists of the following:

a.

Supermarkets;

b.

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

c.

Food Service Providers;

d.

Food Distributors; and

e.

Wholesale Food Vendors.

A "Tier Two Commercial Edible Food Generator," which has the meaning set forth in Title 14, section 18982(a)(74), of the California Code of Regulations, and consists of the following:

a.

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

b.

Transient housing facilities, such as hotels, motels, inns, and guest houses, with two hundred (200) or more rooms and an on- site Food Facility;

c.

Health Facilities with one hundred (100) or more beds and an on-site Food Facility;

d.

Large Venues; and

e.

Large Events.

D.

"Community Composting" has the meaning set forth in Title 14, section 18982(a)(8), of the California Code of Regulations, and 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.

E.

"Container" means a receptacle for Organic Waste, Non-Organic Recyclables, and/or Non-Organic Solid Waste that is located on the site where such material is generated and from which it is collected by an Organic Waste Collection Service, Self-Hauled, and/or Managed On-Site. The term Container includes stand-alone receptacles as well as sections of divided receptacles or plastic bags that are used to separate different types of material.

F.

"Container Contaminants" means material that has been deposited into any Container that is not the type of material for which the Container is designated, in contravention of the Source-Separation requirements of either a three-Container system as described in Title 14, section 18984.1, of the California Code of Regulations or a two-Container system as described in Title 14, section 18984.2, of the California Code of Regulations, as provided by the applicable Organic Waste Collection Service or set forth in the Self-Management Plan to which an Organic Waste Generator is subject.

G.

"Correct Container" means the Container into which Organic Waste, Non-Organic Recyclables, or Non-Organic Waste is required to be placed, in accordance with the applicable Organic Waste Collection Service or Self-Management Plan.

H.

"County" means the County of Los Angeles.

I.

"Designated Contractor" means a Person that, pursuant to a contract or Franchise with the County, is responsible for carrying out specified portions of the Director's responsibilities under this Chapter, as authorized by Title 14, section 18981.2(b), of the California Code of Regulations.

J.

"Director" means the Director of the Los Angeles County Department of Public Works or his or her designee.

K.

"Edible Food" has the meaning set forth in Title 14, section 18982(a)(18), of the California Code of Regulations, and means food that is intended for human consumption and that meets the food safety requirements of the California Retail Food Code. For the purposes of this Chapter, Edible Food is not Solid Waste if it is Recovered and not discarded.

L.

"Food Distributor" has the meaning set forth in Title 14, section 18982(a)(22), of the California Code of Regulations, and means a Person that distributes food to Food Facilities, including, but not limited to, Supermarkets and Grocery Stores.

M.

"Food Facility" has the meaning set forth in California Health and Safety Code section 113789, and means an operation that stores, prepares, packages, serves, vends, or otherwise provides food at the retail level.

N.

"Food Recovery Organization/Service" means a Person described either in Title 14, section 18982(a)(25), or Title 14, section 18982(a)(26), of the California Code of Regulations, and that engages in the Recovery, collection, and/or receipt of Edible Food that Commercial Edible Food Generators would otherwise discard, and that distributes such Edible Food to the public either directly or through other Food Recovery Organizations/Services. Food Recovery Organizations/Services include, but are not limited to, food banks as defined in section 113783 of the California Health and Safety Code, nonprofit charitable organizations as defined in section 113841 of the California Health and Safety Code, and limited service charitable feeding operations as defined in section 113819 of the California Health and Safety Code. Food Recovery Organizations/Services also include Persons that collect and transport Edible Food from a Commercial Edible Food Generator to another Food

Recovery Organization/Service. For the purposes of this Chapter, a Food Recovery Organization/Service is not a Commercial Edible Food Generator.

O.

"Food Service Provider" has the meaning set forth in Title 14, section 18982(a)(27), of the California Code of Regulations, and means a Person primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others pursuant to contractual arrangements.

P.

"Franchise" means a solid waste collection franchise issued by the County in accordance with Section 20.70.020 of this Code.

Q.

"Garbage Disposal District" means a garbage disposal district located within Los Angeles County that is established pursuant to California Public Resources Code section 49000 et seq.

R.

"Grocery Store" has the meaning set forth in Title 14, section 18982(a)(30), of the California Code of Regulations and means a Food Facility primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry, and also includes any area that is not separately owned within such store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.

S.

"Hauler" means a Person that collects Organic Waste, Non-Organic Recyclables, or Non-Organic Waste from an Organic Waste Generator and delivers it to a disposal site, a Transfer/Processing Facility, an Organic Waste Processing Facility, or an end user as defined in Title 14, section 18815.2(a)(24), of the California Code of Regulations. Self-Haulers and Micro-Haulers are Haulers. A Person who transports material from a disposal site, Transfer/Processing Facility, or recycling or composting facility or operation to another Person or facility is not a Hauler for the purposes of this Chapter.

T.

"Health Facility" has the meaning set forth in California Health and Safety Code section 1250, and includes a facility for the care, treatment, and diagnosis of human illness to which natural persons are admitted for a twenty-four (24) hour stay or longer, including, among other things, acute care hospitals, psychiatric hospitals, skilled and intermediate nursing facilities, and rehabilitation facilities.

U.

"High Diversion Organic Waste Processing Facility" has the meaning set forth in Title 14, section 18982(a)(33), of the California Code of Regulations, and means an Organic Waste Processing Facility that is in compliance with the reporting requirements of Title 14, section 18815.5(d), of the California Code of Regulations and meets or exceeds an annual average mixed waste organic content Recovery rate of fifty percent (50%) between January 1, 2022 and December 31, 2024, and seventy-five percent (75%) after January 1, 2025, as calculated pursuant to Title 14, section 18815.5(e), of the California Code of Regulations for Organic Waste received from the "Mixed Waste Organic Waste Collection Stream" as defined in Title 14, section 17402(a)(11.5), of the California Code of Regulations.

V.

"Large Event" has the meaning set forth in Title 14, section 18982(a)(38), of the California Code of Regulations, and means an event, including, but not limited to, a sporting event, a community event as defined by California Health and Safety Code section 113755, or a swap meet as defined in California Business and Professions Code section 21661, 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 park, parking lot, golf course, street system, or other open space when being used for an event.

W.

"Large Venue" has the meaning set forth in Title 14, section 18982(a)(39), of the California Code of Regulations, and 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. For the purposes of this Chapter, a venue facility includes, but is not limited to, a stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For the purposes of this Chapter, a site under common ownership or control that includes more than one venue that is contiguous with other venues in the site, when taken together would qualify as a Large Venue, is a single Large Venue.

X.

"Management of Organic Waste On-Site" or "Manage On-Site," when used in reference to Organic Waste, means to conduct an operation that converts Organic Waste into a useful product on the same property or site where the Organic Waste is generated.

Y.

"Micro-Hauler" means a Hauler that collects Organic Waste from Organic Waste Generators in limited quantities, as determined by the Director, and transports such Organic Waste to a Community Composting facility. A Micro-Hauler must enter into a contract or Franchise with the County in order to be authorized to collect Organic Waste from Organic Waste Generators.

Z.

"Multi-Family Residential Dwelling" means a residential property consisting of five (5) or more dwelling units.

AA.

"Non-Organic Recyclables" means discarded, non-hazardous materials, not including Organic Waste, that are capable of being recycled, as that term is defined in Title 14, section 18815.2(a)(43), of the California Code of Regulations. "Non-Organic Recyclables include, but are not limited to, bottles, cans, metals, plastics, and glass.

BB.

"Non-Organic Waste" means Solid Waste that consists neither of Organic Waste nor Non-Organic Recyclables. Non-Organic Waste is also known as "refuse."

CC.

"Notice of Violation" means a notice that the Director issues to an Organic Waste Generator, Commercial Edible Food Generator, Food Recovery Organization/Service, or Hauler, pursuant to Section 20.91.150.B of this Chapter, to initiate enforcement when the Director determines that a violation of this Chapter has occurred.

DD.

"Organic Waste" has the meaning set forth in Title 14, section 18982(a)(46), of the California Code of Regulations, and means Solid Waste that contains material that originates from living organisms and their metabolic waste products, including, but not limited to, food, food soiled paper, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges, whether Source Separated or mixed in with other Solid Wastes.

EE.

"Organic Waste Collection Service" means a service for the collection of Organic Waste, Non-Organic Recyclables, or Non- Organic Waste by an Authorized Hauler, other than a Micro Hauler, that complies with the Source-Separation requirements of a three-Container collection service described in Title 14, section 18984.1, of the California Code of Regulations, a two- Container collection service described in Title 14, section 18984.2, of the California Code of Regulations, or a single Container service described in Title 14, section 18984.3, of the California Code of Regulations.

FF.

"Organic Waste Generator" means a Commercial Business or a Residence located within the unincorporated area of Los Angeles County, and/or within a Garbage Disposal District, that generates Organic Waste or owns or manages property on which Organic Waste is generated.

GG.

"Organic Waste Processing Facility" means:

A facility, operation, or activity described in Title 14, section 18983.1(b), of the California Code of Regulations, that Recovers or utilizes Organic Waste in a beneficial manner that does not constitute landfill disposal, including:

a.

A High Diversion Organic Waste Processing Facility;

b.

A recycling center as defined in Title 14, section 17402.5(d), of the California Code of Regulations, or that is listed in Title 14, section 17402.5(c), of the California Code of Regulations;

c.

A compostable material handling operation or facility as defined in Title 14, section 17852(a)(12), of the California Code of Regulations; a small composting activity that would otherwise be excluded from that definition by Title 14, section 17855(a) (4), of the California Code of Regulations; or Community Composting;

d.

An in-vessel digestion operation or facility as listed in Title 14, section 17896.5, of the California Code of Regulations, or activities that would otherwise not be subject to the in-vessel digestion requirements pursuant to Title 14, section 17896.6, of the California Code of Regulations;

e.

A biomass conversion operation or facility as defined in California Public Resources Code section 40106;

f.

An operation that uses Organic Waste as soil amendment for erosion control, revegetation, slope stabilization, or landscaping at a landfill when the material is used in a manner that complies with requirements set forth in Title 14, section 18983.1(b)(5), of the California Code of Regulations;

g.

An operation that uses Organic Waste as land application and that complies with the requirements set forth in Title 14, section 18983.1(b)(6), of the California Code of Regulations;

h.

An operation that lawfully uses Organic Waste as animal feed in accordance with Title 14, section 18983.1(b)(7), of the California Code of Regulations; and

i.

Other operations or facilities that process or utilize Organic Waste in a manner that constitutes the reduction of landfill disposal, as determined by CalRecycle in accordance with Title 14, section 18983.2, of the California Code of Regulations.

A Transfer/Processing Facility that Recovers Source Separated Organic Waste for eventual delivery to a facility described in subsection GG.1 of this Section, as long as the Organic Waste has been Source Separated in accordance with Title 14, sections 18984.1 or 18984.2, of the California Code of Regulations, and is not required to be taken to a High Diversion Organic Waste Processing Facility.

HH.

"Paper Products" has the meaning set forth in Title 14, section 18982(a)(51), of the California Code of Regulations, and includes, but is not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling.

II.

"Person" means a natural person, firm, association, partnership, limited partnership, corporation, limited liability company, or any other entity whatsoever.

JJ.

"Printing and Writing Paper" has the meaning set forth in Title 14, section 18982(a)(54), of the California Code of Regulations, and includes, but is 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.

KK.

"Public Agency" has the meaning set forth in California Government Code section 6500, except that for purposes of this Chapter, the term Public Agency does not include any non-local entity as defined in Title 14, section 18982(a)(42), of the California Code of Regulations.

LL.

"Recovery" or "Recover," when used in reference to Edible Food, has the meaning set forth in Title 14, section 18982(a)(24), of the California Code of Regulations, and means actions to collect and distribute, or arrange to collect and distribute, Edible Food that otherwise would be disposed. Recovery or Recover, when used in reference to Organic Waste, means to divert Organic Waste from disposal by one of the methods set forth in subsection GG of this Section.

MM.

"Residence" means a single-family home or a multi-family dwelling that contains four or fewer dwelling units. The term "Residence" also includes the owner or owners of a "Residence."

NN.

"Restaurant" has the meaning set forth in Title 14, section 18982(a)(64), of the California Code of Regulations, and means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption.

OO.

"Self-Hauler" means: (1) an Organic Waste Generator that transports Non-Organic Recyclables, Organic Waste, or Non- Organic Waste that such Organic Waste Generator has generated, or that has been generated on property owned or managed by such Organic Waste Generator, to another location, or to a separate destination owned and operated by such Organic Waste Generator, without contracting with or utilizing a third-party; or (2) a Person that removes Non-Organic Recyclables, Organic Waste, or Non-Organic Waste generated as a result of gardening, landscaping, or contracting services performed by such Person for a third party, when such removal of material is ancillary to the gardening, landscaping, or contracting services, without subcontracting for services or equipment. "Self-Haul" or "Self-Hauling" means to engage in the activities of a Self-Hauler.

PP.

"Self-Management Plan" means a plan prepared by an Organic Waste Generator and submitted to the Director in accordance with Section 20.91.040.B of this Chapter, as required for the self-management of Organic Waste by Self-Hauling or On-Site Management of Organic Waste.

QQ.

"Solid Waste" has the meaning set forth in California Public Resources Code section 40191, and means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge that is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, except that "Solid Waste" does not include any of the following wastes:

Hazardous waste, as defined in California Public Resources Code section 40141;

Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with section 114960) of Part 9 of Division 104 of the California Health and Safety Code); and

Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with section 117600) of Division 104 of the California Health and Safety Code).

RR.

"Source Separate" and "Source Separation" mean for an Organic Waste Generator to separately place Organic Waste, Non- Organic Recyclables, and Non-Organic Waste into the Correct Container, in accordance with the Organic Waste Collection Service provided by the Authorized Hauler that such Organic Waste Generator utilizes or Self-Management Plan that a Self- Hauler submits to the Director in accordance with Section 20.91.040.B of this Chapter. Source Separation is not required for Organic Waste Generators whose Organic Waste, Non-Organic Recyclables, and Non-Organic Waste are placed in a single Container and transported to a High Diversion Organic Waste Processing Facility.

SS.

"Supermarket" has the meaning set forth in Title 14, section 18982(a)(71), of the California Code of Regulations, and 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.

TT.

"Transfer/Processing Facility" is a facility or operation that receives, temporarily stores, converts, processes, or transfers materials to a facility described in subsection GG.1.

UU.

"Uncontainerized Green Waste and Yard Waste" means green waste and yard waste that is placed in a pile or bagged for collection on the street in front of an Organic Waste Generator's Residence or Commercial Business for collection and transportation by a Hauler to an Organic Waste Processing Facility.

VV.

"Wholesale Food Vendor" has the meaning set forth in Title 14, section 18982(a)(76), of the California Code of Regulations, and means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, or prepared for distribution to a retailer, warehouse, distributor, or other destination.

(Ord. 2023-0019 § 2, 2023; Ord. 2021-0059 § 1, 2021.)

A.

Organic Waste Generators shall cause the Organic Waste that they generate, and that is generated on property that they own or manage, to be diverted from disposal, in one or more of the following ways:

Arrange for an Authorized Hauler other than a Micro-Hauler to collect the Organic Waste that they generate and comply with the Source Separation and Container placement requirements of the Organic Waste Collection Service provided by such Authorized Hauler;

Contract with a Micro-Hauler for collection of some or all of the Organic Waste that they generate and Source Separate such Organic Waste for collection by the Micro-Hauler;

Self-manage Organic Waste by Self-Hauling in accordance with Section 20.91.050 of this Chapter; and

Self-manage Organic Waste by Managing Organic Waste On-Site in accordance with Section 20.91.060 of this Chapter.

B.

Organic Waste Generators that self-manage Organic Waste that they generate, or that is generated on property that they own or manage, shall register with the Director and submit a Self-Management Plan. The guidelines and requirements established by the Director pursuant to Section 20.91.140.B of this Chapter shall set forth requirements for such Self-Management Plan, including the manner, timeframe, and form for submitting the Self-Management Plan, and the information that must be included therein. For Self-Haulers, the Self-Management Plan shall include, at a minimum, the following information: (a) the Self-Hauler's contact information, (b) the manner by which the Self-Hauler will comply with the requirements of Title 14, section 18988.3(b)(1), of the California Code of Regulations, and Section 20.91.050.A of this Chapter, and (c) the names and addresses of the Organic Waste Processing Facilities and other facilities to which the Self-Hauler will take Organic Waste, Non-Organic Recyclables, and Non-Organic Waste, in accordance with the requirements of Title 14, section 18988.3(b)(2), of the California Code of Regulations, and Section 20.91.050.A of this Chapter. In addition, for Self-Haulers other than Residences, the Self-Management Plan must also include: (1) the types of Organic Waste generated; and (2) the estimated quantity of Organic Waste generated per week. For Organic Waste Generators that Manage Organic Waste On-Site, the Self- Management Plan shall include information required by the Director about the manner by which the Organic Waste Generator will Manage Organic Waste On-Site.

C.

Organic Waste Generators shall ensure that members of their households, tenants, employees, and other individuals living, staying, visiting, or working within the facilities and dwellings that they own or operate, as the case may be, place Organic Waste, Non-Organic Waste, and Non-Organic Recyclables in the Correct Container and not place Container Contaminants in any Container. Organic Waste Generators are also required to arrange to receive a sufficient level of service to accommodate the amount of Organic Waste, Non-Organic Recyclables, and Non-Organic Waste that they generate. Organic Waste Generators may place Uncontainerized Green Waste and Yard Waste on the ground outside of a Container on the day of collection if authorized by the Authorized Hauler that such Organic Waste Generator utilizes.

D.

The Director and Designated Contractors are authorized to conduct inspections of Containers utilized by Organic Waste Generators. If the Director or Designated Contractor determines that Container Contaminants have been improperly placed in a Container, the Director or Designated Contractor, as applicable, shall notify an Organic Waste Generator that is responsible for the Container of the violation. The notice shall include information regarding the requirements to properly Source Separate Organic Waste, Non-Organic Recyclables, and Non-Organic Waste, and to place these materials into Correct Containers. The notice may also include photographic evidence of the violation. Such notice may be left on the offending Container or on the Organic Waste Generator's door or gate, or it may be mailed, emailed, or electronically messaged to the Organic Waste Generator.

E.

Nothing in this Section prohibits Organic Waste Generators from managing their Organic Waste by reducing the amount of Organic Waste that they generate, or from utilizing a combination of any of the methods for managing Organic Waste as provided in subsections A.1 through A.4 of this Section. For example, and without limitation, it would be permissible for an Organic Waste Generator to utilize an Authorized Hauler for a portion of its Organic Waste and Manage On-Site a portion of its Organic Waste. It would also be permissible for an Organic Waste Generator to Self-Haul Non-Organic Recyclables and Non-Organic Waste and to utilize a Micro-Hauler for Organic Waste.

F.

This Section does not apply to Organic Waste that is commingled with construction and demolition debris. For purposes of this Chapter, construction and demolition debris has the meaning set forth in Section 20.87.030 of this Code.

(Ord. 2021-0059 § 1, 2021.)

Organic Waste Generators that self-manage Organic Waste by Self-Hauling shall comply with the following requirements in addition to those set forth in Section 20.91.040 of this Chapter:

A.

Subject to Section 20.91.040.E of this Chapter, a Self-Hauler shall comply with the requirements of either a three-Container, two-Container, or single-Container system, as described in Title 14, sections 18984.1, 18984.2 and 18984.3, of the California Code of Regulations, as set forth below, to the extent that it Self-Hauls Organic Waste, Non-Organic Recyclables, and Non- Organic Waste:

For a three-Container system, the Self-Hauler shall Source Separate Organic Waste, Non-Organic Recyclables, and Non- Organic Waste and place such material into a green Container, blue Container, and gray Container, as follows:

a.

The green Container is for collection of Organic Waste only. The Self-Hauler shall keep the contents of the green Container separate from the contents of other Containers and deliver the Contents of the green Container to an Organic Waste Processing Facility in accordance with guidelines and requirements adopted by the Director pursuant to Section 20.91.140.B of this Chapter.

b.

The blue Container is for collection of Non-Organic Recyclables and may also be used for the collection of Paper Products, Printing and Writing Paper, wood and dry lumber and textiles. The Self-Hauler shall keep the contents of the blue Container separate from the contents of other Containers and deliver the contents of the blue Container to a facility that Recovers Organic Waste that is authorized to be placed in the blue Container and recycles Non-Organic Recyclables, in accordance with guidelines and requirements adopted by the Director pursuant to Section 20.91.140.B of this Chapter.

c.

The gray Container is for collection of Non-Organic Waste only. The Self-Hauler shall deliver the contents of the gray Container either to disposal site that is permitted to accept solid waste in accordance with state and local laws and regulations or to a High Diversion Organic Waste Processing Facility.

d.

A Self-Hauler that uses a three-Container system may utilize more than three Containers in order to further Source Separate materials within the categories set forth in subsections A.1.a, A.1.b, and A.1.c of this Section.

For a two-Container System utilizing a green Container and a gray Container, the Self-Hauler shall Source Separate Organic Waste, Non-Organic Recyclables, and Non-Organic Waste on-site as follows:

a.

The green Container is for collection of Organic Waste only. The Self-Hauler shall keep the contents of the green Container separate from the contents of other Containers and deliver the contents of the green Container to an Organic Waste Processing Facility, in accordance with guidelines and requirements adopted by the Director pursuant to Section 20.91.140.B of this Chapter.

b.

The gray Container is for collection of all wastes, including Organic Wastes that cannot be placed in the green Container because it is not accepted by the Organic Waste Processing Facility to which the Self-Hauler takes the contents of the green Container. The Self-Hauler shall deliver the contents of the gray Container to a High Diversion Organic Waste Processing Facility.

For a two-Container System utilizing a blue Container and a gray Container, the Self-Hauler shall Source Separate Organic Waste, Non-Organic Recyclables, and Non-Organic Waste On-Site as follows:

a.

The blue Container is for collection of Non-Organic Recyclables and may also be used for the collection of Paper Products, Printing and Writing Paper, wood and dry lumber and textiles. The Self-Hauler shall keep the contents of the green Container separate from the contents of other Containers and deliver the contents of the blue Container to a facility that Recovers Organic Waste that is authorized to be placed in the blue Container and recycles Non-Organic Recyclables.

b.

The gray Container is for collection of all wastes, including Organic Wastes that are not designated to be placed in the blue Container. The Self-Hauler shall deliver the contents of the gray Container to a High Diversion Organic Waste Processing Facility.

For a single-Container system, the Self-Hauler may place Organic Waste, Non-Organic Recyclables, and Non-Organic Waste in the same Container. The Self-Hauler shall deliver the contents of the single Container to a High Diversion Organic Waste Processing Facility.

Self-Haulers may store and Self-Haul green waste without a Container as long as they store it in a safe and appropriate location prior to Self-Hauling it and Self-Haul it to an appropriate processing facility in accordance with this Section and the guidelines and requirements prepared in accordance with Section 20.91.140.B of this Chapter.

B.

In order to evaluate a Self-Hauler's compliance with this Chapter, the Director and Designated Contractor are authorized to inspect the premises of any Self-Hauler, excluding the interior of any Residence or private residential area. The Director and Designated Contractor are also authorized to inspect any vehicles that such Self-Hauler uses for Self-Hauling. The Director or Designated Contractor shall only access the premises or vehicle of a Self-Hauler to the extent reasonably necessary to determine compliance with this Chapter and shall comply with all applicable State, federal and local laws, rules, and regulations when conducting inspections under this provision.

C.

Self-Haulers other than Residences shall maintain records of all Organic Waste that they deliver to an Organic Waste Processing Facility, including receipts and weight tickets, indicating the quantities of Organic Waste accepted by such Organic Waste Processing Facility measured in cubic yards or tons. If the Self-Hauler delivers Organic Waste to an Organic Waste Processing Facility that does not have weight scales and/or cannot provide a weight ticket or receipts, then the Self- Hauler is not required to record the weight of the material that it delivers to such Organic Waste Processing Facility, but shall maintain a list of any such facilities that received Organic Waste from such Self-Hauler, along with the dates that the Self- Hauler delivered Organic Waste to each such facility and an estimate of the type and amount of Organic Waste delivered to such facility on each such date. Self-Haulers other than Residences shall retain all such records for a period of three (3) years, and shall make such records available to the Director or Designated Contractor for inspection and copying within three (3) days of any written request. The Director or Designated Contractor may extend the time for a Self-Hauler to make records available upon good cause shown.

D.

This Section describes various types of Containers by color, consistent with the standardized Container color scheme set forth in the SB 1383 Regulations for Organic Waste Collection Services. Self-Haulers other than Residences and Persons that own, operate, or manage Multi-Family Residential Dwellings, shall utilize Containers either that are the specified color, that have lids that are the specified color, or that are labeled to indicate either the types of materials that may be placed in such Container or the types of materials that are prohibited from being placed in such Container. Self-Haulers that are Residences are not required to utilize Containers that are colored or labeled as long as they are able to identify the Correct Container.

(Ord. 2021-0059 § 1, 2021.)

A.

In addition to the requirements set forth in Section 20.91.040 of this Chapter, Organic Waste Generators that Manage Organic Waste On-Site shall comply with the following requirements:

An Organic Waste Generator may Manage Organic Waste On-Site only through a method that constitutes a reduction in landfill disposal within the meaning of Title 14, section 18983.1(b), of the California Code of Regulations;

An Organic Waste Generator shall obtain all necessary permits applicable to the methods it uses to Manage Organic Waste On-Site, including, but not limited, to applicable land use and solid waste facilities permits;

An Organic Waste Generator shall comply with all applicable local, State, and federal regulations pertaining to its Management of Organic Waste On-Site, and shall conduct its operation to Manage Organic Waste On-Site in a way that does not create a nuisance; and

An Organic Waste Generator that Manages Organic Waste On-Site shall utilize an Authorized Hauler for, or Self-Haul, all Non- Organic Waste and Non-Organic Recyclables that it generates, and shall utilize an Authorized Hauler for, or Self-Haul, all Organic Waste that it generates that it does not Manage On-Site, in accordance with this Chapter.

B.

The Director and Designated Contractors are authorized to inspect any operation where Management of Organic Waste On- Site is being conducted, in order to determine compliance with this Chapter, except that neither the Director nor a Designated Contractor is authorized to access the interior of a Residence or private residential area. The Director or Designated Contractor shall only access the premises of any Person that Manages Organic Waste On-Site to the extent reasonably necessary to determine compliance with this Chapter, and shall comply with all applicable State, federal and local laws, rules, and regulations when conducting inspections under this provision.

(Ord. 2023-0019 § 3, 2023; Ord. 2021-0059 § 1, 2021.)

A.

In addition to the requirements set forth in Sections 20.91.040, 20.91.050, and 20.91.060 of this Chapter, Commercial Businesses shall comply with the following requirements:

All Commercial Businesses, including Persons that own, operate, or manage Multi-Family Residential Dwellings, shall:

a.

Provide the Director or Designated Contractor with access to their premises, upon request, to conduct inspections to determine compliance with this Chapter. Commercial Businesses such as Multi-Family Residential Dwellings, in which natural persons reside, are not required to provide access to the interior of a private residential area. The Director or Designated Contractor shall only access the premises of a Commercial Business to the extent reasonably necessary to determine compliance with this Chapter, and shall comply with all applicable State, federal, and local laws, rules, and regulations when conducting inspections under this provision; and

b.

Provide information at least annually to tenants, employees, contractors and customers, regarding the location of Containers and the requirements for Source-Separating material that is placed in each Container, at each location at which the Commercial Business operates. Commercial Businesses shall provide this information to new employees within fourteen (14)

days after their employment commences. Commercial Businesses that own, operate or manage Multi-Family Residential Dwellings shall provide such information to new tenants no later than fourteen (14) days after such tenants move in. Commercial Businesses shall retain records of compliance with this Section, including records reflecting the information provided to tenants, employees and contractors and the dates provided, and shall make these records available to the Director or Designated Contractor for inspection and/or copying within three (3) days of any written request. The Director or Designated Contractor may extend the time for a Commercial Business to make records available upon good cause shown.

Commercial Businesses, excluding Multi-Family Residential Dwellings, shall also:

a.

Provide properly labeled receptacles for the collection of Organic Waste and Non-Organic Recyclables in all areas where disposal receptacles are provided for customers in order to facilitate the Source Separation of these materials, except that: (1) Commercial Businesses are not required to place receptacles for Organic Waste or Non-Organic Recyclables in restrooms; (2) Commercial Businesses are not required to place receptacles for the collection of Organic Waste or Non- Organic Recyclables in locations where such materials would, under normal circumstances, not be discarded; and (3) Commercial Businesses are not required to provide multiple receptacles for Customers if the Commercial Businesses utilize a single-Container Organic Waste Collection Service or Self-Haul Organic Waste and Non-Organic Recyclables to a High Diversion Organic Waste Processing Facility; and

b.

Periodically inspect Containers for Container Contamination. If Container Contamination exists, a Commercial Business shall inform and educate employees about proper Source Separation and avoidance of Container Contamination.

B.

If a Commercial Business leases property from, or otherwise operates within property owned or controlled by, another Commercial Business, the Commercial Businesses may allocate the responsibility between themselves for complying with the requirements of this Chapter. Notwithstanding such allocation of responsibility, both Commercial Businesses are responsible for complying with the requirements of this Chapter.

(Ord. 2021-0059 § 1, 2021.)

A.

The following requirements apply to Commercial Edible Food Generators:

Each Commercial Edible Food Generator shall Recover the maximum amount feasible of Edible Food, consistent with food safety requirements, and shall arrange to provide such Edible Food to a Food Recovery Organization/Service in one of the following ways:

a.

Deliver the Edible Food to a Food Recovery Organization/Service;

b.

Arrange for a Food Recovery Organization/Service to Collect the Edible Food; or

c.

Utilize any other means reasonably calculated to make the Edible Food available to a Food Recovery Organization/Service for distribution to members of the public.

Commercial Edible Food Generators shall not intentionally cause or allow the spoilage of Edible Food capable of being Recovered.

Commercial Edible Food Generators shall maintain, for a period of three (3) years, the following records (including documentation reflecting the following information) pertaining to the Edible Food that they Recover in accordance with subsection A.1 of this Section:

a.

The name, address, and point of contact of each Food Recovery Organization/Service that has collected Edible Food from the Commercial Edible Food Generator or to which the Commercial Edible Food Generator has delivered Edible Food;

b.

Copies of all contracts, agreements, and written communications between the Commercial Edible Food Generator and each Food Recovery Organization/Service that has collected Edible Food from such Commercial Edible Food Generator or to which the Commercial Edible Food Generator has delivered Edible Food;

c.

The types, established frequency, and quantities (measured in pounds) of Edible Food that the Commercial Edible Food Generator has provided to each Food Recovery Organization/Service each month; and

d.

The types and quantities (measured in pounds) of Edible Food that the Commercial Edible Food Generator made available to, but that was not accepted by, a Food Recovery Organization/Service, and any reasons that the Food Recovery Organization/Service gave for not accepting such Edible Food.

Commercial Edible Food Generators shall submit the copies of records that they are required to maintain under this Section to the Director quarterly. The Director shall set forth the procedure and timing for the quarterly submittal of these records in the guidelines and requirements prepared in accordance with Section 20.91.140.B of this Chapter.

Nothing in this Chapter prohibits a Commercial Edible Food Generator from reducing the amount of Edible Food that it purchases or produces, which would thereby reduce the amount of excess Edible Food that is capable of being Recovered.

B.

The Director may include, in the guidelines and requirements established in accordance with Section 20.91.140.B of this Chapter, requirements that Commercial Edible Food Generators Recover specific amounts of Edible Food in order to comply with subsection A.1 of this Section. In establishing any mandatory quantities of Edible Food that Commercial Edible Food Generators must Recover, the Director shall take into consideration factors such as the type, volume, and size of the of the Commercial Edible Food Generator and the types of food that the business prepares, sells, serves, or uses in its business. If the Director establishes specific requirements in accordance with this Section, the Director shall also establish a mechanism for reducing the minimum amount that a Commercial Edible Food Generator is required to Recover if, in the determination of the Director, individual factors applicable to such Commercial Edible Food Generator, including, but not limited to,

operational or space limitations, or food safety requirements, prevent it from feasibly Recovering the minimum amounts of Edible Food established by the Director.

C.

The Director and Designated Contractors are each authorized to inspect the premises of any Commercial Edible Food Generator to determine compliance with this Chapter. The Director or Designated Contractor shall only access the premises of a Commercial Edible Food Generator to the extent reasonably necessary to determine compliance with this Chapter and shall comply with all applicable State, federal and local laws, rules and regulations when conducting inspections under this provision.

D.

Tier 1 Commercial Edible Food Generators must comply with the requirements of this Section 20.91.080 by January 1, 2022.

E.

Tier 2 Commercial Edible Food Generators must comply with the requirements of this Section 20.91.080 by January 1, 2024.

F.

Large Venues or Large Event operators that do not provide food service, but that permit Food Facilities to sell Edible Food at an event or venue, are required to comply with the requirements listed under this Section 20.91.080 by January 1, 2024.

G.

A Commercial Edible Food Generator may be excused from complying with the requirements of this Section to the extent that, in the determination of the Director, the Commercial Edible Food Generator demonstrates the existence of extraordinary circumstances beyond its control that make such compliance impractical. For the purposes of this Section, extraordinary circumstances include:

Lack of capacity at local Food Recovery Services/Organizations to receive some or all of the Edible Food Recovered by the Commercial Edible Food Generator; or

Acts of God such as inclement weather, earthquakes, wildfires, flooding, and other emergencies or natural disasters that prevent the collection or delivery of Edible Food.

H.

Nothing in this Chapter prohibits a Food Recovery Organization/Service from refusing to accept Edible Food from a Commercial Edible Food Generator.

(Ord. 2021-0059 § 1, 2021.)

A.

Food Recovery Organizations/Services shall maintain the following records, for a period of three years:

The name, address, and contact information for each Commercial Edible Food Generator from which it receives Edible Food;

The quantity (measured in pounds) and types of Edible Food received from each Commercial Edible Food Generator per month; and

The name, address, and contact information of any other Food Recovery Organizations/Services from which it receives Edible Food or to which it provides Edible Food and the quantity and types of Edible Food so received and/or provided.

A Food Recovery Organization/Service shall provide any such records to the Director or Designated Contractor, for inspection and copying within three (3) days of any written request. The Director or Designated Contractor may extend the time for a Food Recovery Organization/Service to make records available upon good cause shown.

B.

Food Recovery Organizations/Services shall provide the following information to the Director:

On or before March 31, of each year, Food Recovery Organizations/Services shall report to the Director the types and the quantity (measured in pounds) of Edible Food Recovered from Commercial Edible Food Generators during the previous calendar year; and

Food Recovery Organizations/Services shall provide any additional information requested by the Director pertaining to their Recovery or distribution of Edible Food. A Food Recovery Organization/Service shall respond to such requests for information within sixty (60) days unless another timeframe is specified by the Director or its Designated Contractor.

C.

The Director and Designated Contractor are authorized to inspect the premises of any Food Recovery Organization/Service, to determine compliance with this Chapter. The Director or Designated Contractor shall only access the premises of a Food Recovery Organization/Service to the extent reasonably necessary to determine compliance with this Chapter and shall comply with all applicable State, federal and local laws, rules and regulations when conducting inspections under this provision.

(Ord. 2021-0059 § 1, 2021.)

A.

Open-Market Haulers, as that term is defined in subsection B of this Section, that collect Organic Waste from Organic Waste Generators, shall do the following:

Obtain authorization from the Director to collect Organic Waste from Organic Waste Generators. The Director shall set forth the requirements for Haulers to apply for such authorization in the guidelines and requirements established pursuant to Section 20.91.140.B of this Chapter. The Director shall grant such authorization if the Hauler demonstrates that: (a) it has obtained all necessary permits for the collection of waste; (b) it collects and manages Organic Waste in accordance with the requirements of the SB 1383 Regulations, as set forth in Title 14, sections 18984.1, 18984.2 or 18984.3, of the California Code of Regulations; and (c) it has secured sufficient capacity with an Organic Waste Processing Facility in order to divert the Organic Waste that it collects from Organic Waste Generators from disposal in accordance with Title 14, section 18983.1(b), of the California Code of Regulations;

Maintain, for a period of three (3) years, records of Organic Waste collected from Organic Waste Generators, including the addresses of each Organic Waste Generator from which they collect Organic Waste, dates on which they collected the Organic Waste from each address, and the names and addresses of Organic Waste Processing Facilities to which they delivered the Organic Waste that was collected, along with delivery receipts and weight tickets; and

Provide any records maintained in accordance with subsection A.2 of this Section to the Director or Designated Contractor for inspection and copying within three (3) days of receiving a written request. The Director or Designated Contractor may extend the time for an Open-Market Hauler to make records available upon good cause shown.

B.

For purposes of this Section, Open-Market Haulers include Haulers, other than Self-Haulers, that collect Organic Waste from Organic Waste Generators in the absence of any of the following types of authorization from the County:

A Franchise;

A contract with the County that authorizes the collection of Organic Waste from Organic Waste Generators within a Garbage Disposal District in accordance with such contract; or

A contract with the County that authorizes the collection of Organic Waste from Organic Waste Generators by a Micro Hauler.

C.

The Director and Designated Contractors are authorized to inspect the collection vehicle loads of any Open-Market Hauler to determine compliance with this Chapter. In so doing, the Director and Designated Contractors shall comply with all applicable State, federal and local laws, rules and regulations when conducting inspections under this provision.

D.

This Section does not apply to the collection of Solid Waste from a Solid Waste generator that consists only of construction and demolition debris as defined in Section 20.87.030 of this Code.

(Ord. 2021-0059 § 1, 2021.)

The Director may grant a waiver of some or all of the requirements applicable to Organic Waste Generators under Sections 20.91.040 through 20.91.070 of this Chapter, with or without conditions, for the following reasons:

A.

De Minimis Waivers. The Director may grant a De Minimis Waiver to a Commercial Business that can demonstrate either of the following:

It generates more than two (2) cubic yards of Solid Waste per week that it does not Self-Haul or Manage On-Site, and less than twenty (20) gallons of such Solid Waste consists of Organic Waste; or

It generates less than two (2) cubic yards of Solid Waste per week that it does not Self-Haul or Manage On-Site, and less than ten (10) gallons of such Solid Waste consists of Organic Waste.

Any Commercial Business that receives a De Minimis Waiver in accordance with this Section shall maintain records regarding the quantities of Solid Waste and Organic Waste that it generates, in accordance with the guidelines and requirements established by the Director in accordance with Section 20.91.140.B of this Chapter, and provide copies of any such records to the Director or Designated Contractor for inspection and/or copying within three (3) days of any written request. The Director or Designated Contractor may extend the time for a Commercial Business to make records available upon good cause shown.

B.

Physical Space Waivers. The Director may grant a physical space waiver to an Organic Waste Generator if such Organic Waste Generator can demonstrate that the premises lack adequate space for the number of Containers required by any Organic Waste Collection Service that is available to the Organic Waste Generator.

C.

Low Population Waivers. If approved by CalRecycle, the Director may grant waivers for some or all of the requirements of this Chapter to Organic Waste Generators that reside in census tracts with a population density of less than seventy-five (75) people per square mile.

D.

Waivers must be renewed at least every five (5) years. The Director shall set forth the procedure and timeline for the application and renewal of waivers in the guidelines and requirements established pursuant to Section 20.19.140.B of this Chapter.

(Ord. 2021-0059 § 1, 2021.)

Any records that the Director obtains pursuant to this Chapter from an Organic Waste Generator, Commercial Edible Food Generator, Food Recovery Organization/Service, or Hauler are subject to disclosure to third parties in accordance with the California Public Records Act ("Act") as set forth in California Government Code section 6250 et seq. If an Organic Waste Generator, Commercial Edible Food Generator, Food Recovery Organization/Service, or Hauler considers any such record to be a trade secret, or claims that a record is otherwise exempt from disclosure under the Act, such Person must clearly label it as such. The County shall not be liable for disclosing any record, regardless of how it is labeled, to a third party in response to a request under the Act.

(Ord. 2021-0059 § 1, 2021.)

A.

It is prohibited for any Organic Waste Generator, Commercial Edible Food Generator, Food Recovery Organization/Service, or Hauler that is subject to the requirements of this Chapter, or their employee(s) or agent(s), to violate any provision of this Chapter or the guidelines and requirements established in accordance with Section 20.91.140.B of this Chapter.

B.

Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall constitute a violation.

C.

A violation of this Chapter is hereby declared to be unlawful and a public nuisance and may be abated pursuant to applicable law, including, but not limited to, Chapter 1.23 of this Code.

(Ord. 2021-0059 § 1, 2021.)

A.

The Director shall enforce this Chapter. The Director is authorized to coordinate with other agencies and entities, as needed, to facilitate the implementation and enforcement of this Chapter. The Director may delegate enforcement responsibilities to a Designated Contractor to the extent permitted by the SB 1383 Regulations and other applicable law.

B.

The Director shall establish guidelines and requirements that are consistent with this Chapter to implement and enforce this Chapter. These guidelines and requirements shall become effective at such time that the Director submits them to the Executive Office of the Board of Supervisors. The Director shall post these guidelines and requirements in an easily accessible location on its website, and shall provide copies to any person or entity upon request.

(Ord. 2021-0059 § 1, 2021.)

A.

Commencement of Enforcement. In accordance with the SB 1383 Regulations, the Director shall commence enforcement of this Chapter on January 1, 2024.

B.

Administrative Action. If the Director determines that a violation of this Chapter has occurred, the Director shall take administrative action, as follows.

Except as provided in subsection B.5 of this Section, the Director shall issue a Notice of Violation to the Person responsible for the violation. The Notice of Violation shall contain the following information:

a.

The name of each Person to which it is directed;

b.

The nature of the violation, including the specific provision(s) of this Chapter that such Person has violated;

c.

The actions that such Person must take or refrain from taking in order to correct the violation;

d.

The compliance date by which such Person is required to correct the violation, which may not exceed sixty (60) days from the date of the Notice of Violation; and

e.

The amount of the administrative fine that will be imposed if the violation is not corrected by the specified compliance date.

The Director may extend the compliance date stated in the Notice of Violation upon a finding of extenuating circumstances beyond the control of the Person responsible for the violation. For purposes of this Section, extenuating circumstances include only the following:

a.

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

b.

Excusable delays in obtaining discretionary permits or other government agency approvals; and

c.

Deficiencies in Organic Waste recycling capacity infrastructure or Edible Food Recovery capacity.

If any violation set forth in a Notice of Violation is not corrected within the deadline provided in the Notice of Violation or any extension granted pursuant to subsection B.2 of this Section, the Director shall impose an administrative fine, in the following amounts, in accordance with the provisions of Section 1.25.050 of this Code.

a.

For a first violation, the amount of the administrative fine shall be between fifty dollars ($50) and one hundred dollars ($100);

b.

For a second violation, the amount of the administrative fine shall be between one hundred dollars ($100) and two hundred dollars ($200); and

c.

For a third or subsequent violations, the amount of the administrative fine shall be between two hundred fifty dollars ($250) and five hundred dollars ($500) per violation.

In determining the amount of the administrative fine within these ranges, the Director shall take into consideration the severity of the violation, the extent to which the Person committed the violation intentionally, and the financial resources of the Person responsible for the violation.

Any Person upon which an administrative fine is imposed in accordance with subsection B.3 of this Section may appeal the notice of administrative fine in accordance with Section 1.25.080 of this Code, and the appeal shall be conducted in accordance with Section 1.25.090 of this Code. If the hearing officer determines that the violation upon which an administrative fine is based has occurred but decides to reduce the amount of the administrative fine in accordance with Section 1.25.090.E of this Code, the hearing officer may not reduce the amount of the administrative fine to an amount that is below the applicable range of administrative fines set forth in subsection B.3 of this Section.

Violations involving Container Contaminants pursuant to Section 20.91.040.D are generally not subject to the enforcement procedures and fines set forth in Sections 20.91.150.A through 20.91.150.D of this Chapter, but they are subject to the notice procedures set forth in Section 20.91.040.D of this Chapter. The Director may, however, in his or her sole discretion, conduct administrative enforcement in accordance with Sections 20.91.150.A through 20.91.150.D of this Chapter against Organic Waste Generators that repeatedly and/or intentionally violate the prohibition on Container Contaminants.

Nothing in this Chapter prevents an Authorized Hauler from imposing penalties or additional fees on an Organic Waste Generator for violating the requirements of this Chapter relating to Container placement, Source Separation, placement of discarded materials, or Container Contaminants, in accordance with a service agreement between the Authorized Hauler and the Organic Waste Generator, as approved by the County.

C.

Civil Action and Civil Penalties. The County may bring a civil action against any Person that violates any provision of this Chapter, including, but not limited to, a civil action seeking an injunction, and the Person shall be liable for a civil penalty of up to one thousand dollars ($1,000) for each day of violation.

D.

Criminal Prosecution. Any violation of the provisions of this Chapter may be charged as a misdemeanor or infraction pursuant to Chapter 1.24 of this Code.

(Ord. 2021-0059 § 1, 2021.)

Nothing in this Chapter shall be interpreted or applied so as to create any power or duty in conflict with any federal or State law. If any provision of this Chapter or the application thereof to any Person or circumstance is held invalid, the remainder of this Chapter or the application of such provision to other Persons or circumstances shall not be affected thereby.

(Ord. 2021-0059 § 1, 2021.)

All penalties collected as a result of the enforcement of this Chapter shall be deposited in a separate special fund entitled "Organic Waste Management Fund," which the Director shall use for the implementation and enforcement of this Chapter.

(Ord. 2021-0059 § 1, 2021.)