Madera Municipal Code Ch. 3A Organic Waste Disposal Reduction, Recycling, and Solid Waste Collection

This chapter shall be entitled "Organic Waste Disposal Reduction, Recycling and Solid Waste Collection." References herein to "ordinance" shall refer to this chapter.

(Ord. 983 C.S., passed 2-2-22)

The city finds and declares:

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 Public Resources Code §§ 40000 et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their cities to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

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§§ 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with § 42649) to Part 3 of Division 30 of, and added and repealed § 41780.02 of, the Cal. Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste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

(C) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Cal. Public Resources Code Division 30, Part 3, Chapter 12.9 (commencing with § 42649.8), relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires cities to implement a recycling program to divert organic waste from businesses subject to the law, and requires cities to implement a mandatory commercial organics recycling program.

(D) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including cities, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.

(E) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires cities to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 regulations. This chapter will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.

(Ord. 983 C.S., passed 2-2-22)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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.

C&D. Construction and demolition debris.

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

CALRECYCLE. California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations.

CITY. The City of Madera, California, within its jurisdictional boundaries.

CITY ENFORCEMENT OFFICIAL. The City Manager or authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.

COMMERCIAL BUSINESS or COMMERCIAL. A firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling, or as otherwise defined in 14 CCR § 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.

COMMERCIAL EDIBLE FOOD GENERATOR. Includes a tier one or a tier two commercial edible food generator as defined herein below of this section or as otherwise defined in 14 CCR § 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR § 18982(a)(7).

COMMUNITY COMPOSTING. Any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 50 cubic yards and 750 square feet, as specified in 14 CCR § 17855(a)(4); or, as otherwise defined by 14 CCR § 18982(a)(8). Additionally, such activity may only be undertaken in accordance with the city's Zoning Ordinance.

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

COMPOST. Has the same meaning as in 14 CCR § 17896.2(a)(4), which stated, as of the effective date of this chapter, that COMPOST means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

CONTAMINATION or CONTAMINATED CONTAINER. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR § 18982(a)(55).

DESIGNEE. An entity that a city contracts with or otherwise arranges to carry out any of the city's responsibilities of this chapter 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.

EDIBLE FOOD. Food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR § 18982(a)(18), EDIBLE FOOD is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

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

EXCLUDED WASTE. Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including, without limitation: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the city's or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Cal. Public Resources Code §§ 41500 and 41802. EXCLUDED WASTE does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the city's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the city or its designee for collection services.

FOOD DISTRIBUTOR. A company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR § 18982(a)(22).

FOOD FACILITY. Has the same meaning as in Cal. Health and Safety Code § 113789.

FOOD RECOVERY. 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. 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 Cal. Health and Safety Code § 113783; and

(2) A nonprofit charitable temporary food facility as defined in Cal. Health and Safety Code § 113842.

(3) A FOOD RECOVERY ORGANIZATION is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR § 18982(a)(7).

(4) If the definition in 14 CCR § 18982(a)(25) for FOOD RECOVERY ORGANIZATION differs from this definition, the definition in 14 CCR § 18982(a)(25) shall apply to this chapter.

FOOD RECOVERY SERVICE. A person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR § 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR § 18982(a)(7).

FOOD SCRAPS. All food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, rice, beans, pasta, bread, cheese, and eggshells. FOOD SCRAPS exclude fats, oils, and grease when such materials are source separated from other FOOD SCRAPS.

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

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

FOOD WASTE. Food scraps and food-soiled paper.

GRAY CONTAINER. Has the same meaning as in 14 CCR § 18982(a)(28) and shall be used for the purpose of storage and collection of gray container waste. Per the definition provided in 14 CCR § 18982(a)(28), the GRAY CONTAINER may be black, or the body and/or lid of the container may be black or gray.

GRAY CONTAINER WASTE. 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) and (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.

GROCERY STORE. A store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including, without limitation, a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR § 18982(a)(30).

HAULER ROUTE. The designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR § 18982(a)(31.5).

INSPECTION. 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).

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

LARGE VENUE. A permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR § 18982(a)(39) differs from this definition, the definition in 14 CCR § 18982(a)(39) shall apply to this chapter.

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

MULTI-FAMILY RESIDENTIAL DWELLING or MULTI-FAMILY. Of, from, or pertaining to residential premises with five or more dwelling units. MULTI-FAMILY premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

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

NON-LOCAL ENTITY. The following entities that are not subject to the city's enforcement authority, or as otherwise defined in 14 CCR § 18982(a)(42):

(1) Special district(s) located within the boundaries of the city;

(2) Federal facilities, including, without limitation, military installations, located within the boundaries of the city;

(3) Prison(s) located within the boundaries of the city, excepting that private prisons are considered commercial businesses and do not fall within this definition;

(4) Facilities operated by the state park system located within the boundaries of the city;

(5) Public universities (including community colleges) located within the boundaries of the city;

(6) County fairgrounds located within the boundaries of the city; and

(7) State agencies located within the boundaries of the city.

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

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

ORGANIC WASTE. Solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR § 18982(a)(46). Biosolids and digestate are as defined by 14 CCR § 18982(a).

ORGANIC WASTE GENERATOR or GENERATOR. 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. The following:

(1) Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container;

(2) Discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container;

(3) 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 city's green container and/or blue container; and

(4) Excluded waste placed in any container.

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

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

RECYCLED-CONTENT PAPER. Paper products and printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR § 18982(a)(61).

REGIONAL AGENCY. Regional agency as defined in Cal. Public Resources Code § 40181.

REMOTE MONITORING. The implementation and use of the internet of things (IoT) 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.

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

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

ROUTE REVIEW. A visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR § 18982(a)(65).

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

SB 1383 REGULATIONS or SB 1383 REGULATORY. For the purposes of this chapter, the short-lived climate pollutants: organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

SELF-HAULER. A person who hauls solid waste, organic waste or recyclable material he or she has generated to another person. SELF-HAULER also includes a person who back-hauls waste, or as otherwise defined in 14 CCR § 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. Of, from, or pertaining to any residential premises with fewer than five units.

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

(1) Hazardous waste, as defined in Cal. Public Resources Code § 40141;

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

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

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

SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE. Source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste; non-compostable paper; paper products; printing and writing paper; and any other organic waste that an organic waste facility may reject to maintain any organic-related composting certifications including but not limited to organic carpets and textiles, contaminated wood or lumber, manure, digestate, biosolids, and sludges.

SOURCE SEPARATED RECYCLABLE MATERIALS. Source separated non-organic recyclables and source separated blue container organic waste.

STATE. The State of California.

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

TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR.

(1) A commercial edible food generator that is one of the following:

(a) Supermarket;

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

(c) Food service provider;

(d) Food distributor; or

(e) Wholesale food vendor.

(2) If the definition in 14 CCR § 18982(a)(73) of TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR differs from this definition, the definition in 14 CCR § 18982(a)(73) shall apply to this chapter.

TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR.

(1) A commercial edible food generator that is one of the following:

(a) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet;

(b) Hotel with an on-site food facility and 200 or more rooms;

(c) Health facility with an on-site food facility and 100 or more beds;

(d) Large venue;

(e) Large event;

(f) A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or

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

(2) If the definition in 14 CCR § 18982(a)(74) of TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR differs from this definition, the definition in 14 CCR § 18982(a)(74) shall apply to this chapter.

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

(Ord. 983 C.S., passed 2-2-22)

Organic waste generators shall subscribe to a three container collection service which includes a blue container, green container and gray container, and shall comply with the following requirements:

(A) Shall subscribe to city's organic waste collection services for all organic waste generated as described in division (B) below. The city or its designee 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; single-family generators shall adjust their service level for their collection services as requested by the city or its designee. Nothing in this section prohibits an organic waste generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR § 18984.9(c).

(B) Shall participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers:

(1) Generators shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container.

(2) Generators shall not place materials designated for the gray container into the green container or blue container.

(C) Any materials self-hauled must be hauled to facilities permitted to accept source separated green container organic waste (including food waste), source separated recyclable materials, and gray container waste. Nothing in this division shall relieve self-haulers that generate waste from subscribing to a three container collection service.

(Ord. 983 C.S., passed 2-2-22)

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 division (B) below. The city or its designee 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. Commercial businesses shall adjust their service level for their collection services as requested by the city or its designee.

(B) Participants in the city's organic waste collection service(s) shall place designated materials in designated containers as described below.

(1) Generators shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.

(2) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with divisions (3)(a) and (b) below) for employees, contractors, tenants, and customers, consistent with 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 § 8-12.05.

(3) 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:

(a) 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 division prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

(b) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR § 18984.8, the container labeling requirements are required.

(4) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in division (3)(b) pursuant to 14 CCR § 18984.9(b).

(5) To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, shall not prohibit employees from placing materials in a container not designated for those materials per the city's blue container, green container, and gray container collection service or, if a self-hauler, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with § 8-12.05.

(6) Excluding multi-family residential dwellings, semi-annually inspect blue containers, green containers, and gray 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).

(7) 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.

(8) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.

(9) Provide or arrange access for city or its designee to their properties during all inspections conducted in accordance with § 5-3A.14 to confirm compliance with the requirements of this chapter.

(10) Accommodate and cooperate with city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented by city at a later date, to evaluate the generator's compliance with division (B) below. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.

(11) At a commercial business's option and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and gray containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the blue containers, green containers, and gray containers subject to written notification to or approval by the city.

(12) If a commercial business wants to self-haul, meet the self-hauler requirements in § 8-12.05 of the Madera Municipal Code.

(13) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR § 18984.9(c).

(14) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to § 5-3A.07.

(Ord. 983 C.S., passed 2-2-22)

(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 of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in division (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 division (A)(2) below.

(2) Provide documentation that either:

(a) The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business' total waste; or

(b) The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the business' total waste.

(3) Notify the 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 years if the city has approved a 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 of § 5-3A.05. A commercial business or property owner may request a physical space waiver through the following process:

(1) Submit an exemption request form to the city's Public Works Department specifying the type(s) of collection services for which they are requesting a compliance waiver.

(2) Provide documentation that the premises lack 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 Public Works Department that it is still eligible for a physical space waiver every five years if the city has approved application for a physical space waiver.

(Ord. 983 C.S., passed 2-2-22)

(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, pursuant to 14 CCR § 18991.3.

(B) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

(C) Commercial edible food generators shall comply with the following requirements:

(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.

(2) Contract with or enter into a written agreement with food recovery organizations or food recovery services for:

(a) The collection of edible food for food recovery; or

(b) Acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

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

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

(5) 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; and

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.

(6) Commencing no later than July 1, 2022 for tier one commercial edible food generators and July 1, 2024 for tier two commercial edible food generators, provide an annual food recovery report, every July 1, to the city that includes the records listed in division (C)(5)(c).

(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 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Cal. Education Code Title 2, Division 4, Part 27, Chapter 9, Article 13 (commencing with § 49580), and to amend Cal. Health and Safety Code § 114079, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. 983 C.S., passed 2-2-22)

(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; and

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

(B) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR § 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; and

(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 shall inform generators about the California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR § 18991.3(b).

(D) 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 July 1 of each year.

(E) In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the 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 60 days unless a shorter timeframe is otherwise specified by the city.

(Ord. 983 C.S., passed 2-2-22)

(A) Exclusive franchised hauler(s) providing residential, commercial, or industrial organic waste collection services to generators within the city's boundaries shall meet the following requirements as a condition of approval of a contract, agreement, or similar contractual authorization with the city to collect organic waste:

(1) Through written notice to the city annually on or before July 1, 2022, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated green container organic waste.

(2) Transport source separated recyclable materials and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. Notwithstanding the foregoing, hauler shall not be required to transport any containers with prohibited container contaminants to a facility, operation, activity, or property that recovers organic waste.

(3) 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 C&D in a manner that complies with 14 CCR § 18989.1, and § 8.12.05 of this Code.

(4) Exclusive franchised hauler(s) authorization to collect organic waste shall comply with any education, equipment, signage, container labeling, container color, contamination, monitoring, and reporting requirements relating to the collection of organic waste contained within its franchise agreement.

(B) Requirements for community composting operations. Community composting operators, upon city 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 60 days.

(Ord. 983 C.S., passed 2-2-22)

(A) Self-haulers shall source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city's organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR §§ 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR § 18984.3.

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

(C) Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the 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 on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

(D) A residential organic waste generator that self-hauls organic waste is not required to record or report information in division (C) above.

(E) Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in division (C) above to the city if requested and within ten days of such request.

(F) Nothing in this section shall relieve self-haulers from the requirement to subscribe and receive regular three-container services.

(Ord. 983 C.S., passed 2-2-22)

(A) (1) Persons applying for a permit from the city for new construction and building additions and alternations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the city. If the requirements of CALGreen are more stringent then the requirements of this section, the CALGreen requirements shall apply.

(2) Project applicants shall refer to the city's Building and/or Planning Code for complete CALGreen requirements.

(B) For projects covered by CALGreen or more stringent requirements of the city, the applicants must, as a condition of the city's permit approval, comply with the following:

(1) Where five or more multi-family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three container collection program offered by the city, or comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to §§ 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended, requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(2) New commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the city, or shall comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to §§ 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal and comply with all written and published city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

(Ord. 983 C.S., passed 2-2-22)

(A) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new (single-family, multi-family, public, institutional, or commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with §§ 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch as delineated in this section.

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

(C) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in division (A) above shall:

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

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

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

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

(2) The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in division (A) shall consult the full MWELO for all requirements.

(D) If, after the adoption of this chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, §§ 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall also apply and be enforced.

(Ord. 983 C.S., passed 2-2-22)

(A) City departments, and direct service providers to the city, as applicable, must comply with the city's recovered organic waste product procurement policy and recycled-content paper procurement policy.

(B) All vendors providing paper products and printing and writing paper to the city shall:

(1) If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items;

(2) Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) § 260.12;

(3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the city. This certification requirement may be waived if the percentage of postconsumer material in the paper products or printing and writing paper, or both, can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website;

(4) Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the city is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) § 260.12 (2013).

(5) Provide records to the city in accordance with the city's recycled-content paper procurement policy(ies) of all paper products and printing and writing paper purchases within 30 days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the city. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in divisions (B)(3) and (B)(4) above for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none); and if non-recycled-content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.

(Ord. 983 C.S., passed 2-2-22)

(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, haulers, self-haulers, food recovery services, 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 with § 5-3A.05(B), the city may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to § 5-3A.05(B)(10).

(B) Organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations 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 designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment; or (iii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

(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 Cal. Gov't Code §§ 6250 et seq.

(D) City representatives, its designated entity, and/or designees are authorized to conduct any inspections, remote monitoring, or other investigations of organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

(E) The 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. 983 C.S., passed 2-2-22)

(A) Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and/or assessment of a fine by a City Enforcement Official or representative. Enforcement actions under this chapter include, but are not limited to, issuance of an administrative citation and assessment of a fine, except that the administrative fine amounts in this chapter shall prevail. In addition to the procedures in this section, the city may enforce this chapter consistent with the procedures in Chapters 1.18, 1.20, and 1.32 of this Code.

(B) Other remedies allowed by law may be used for enforcement, including, but not limited to, civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.

(C) Responsible entity for enforcement. Enforcement pursuant to this chapter may be undertaken by the City Enforcement Official, which may be the City Manager or their designated entity, legal counsel, or combination thereof.

(1) The City Enforcement Official(s) or designee will interpret this chapter; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and determine if compliance standards are met.

(2) The City Enforcement Official(s) or designee may issue notices of violation(s).

(D) Process for enforcement.

(1) City Enforcement Official(s) or designee, will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program that may include remote monitoring. § 5.3A.14 establishes the city's right to conduct inspections and investigations.

(2) The city may issue an official notification to notify regulated entities of its obligations under this chapter.

(E) Penalty amounts for types of violations. The penalty levels for city-issued notices of violation are as follows:

(1) Commercial business.

(a) For a first violation, the amount of the base penalty shall be $100 per violation.

(b) For a second violation, the amount of the base penalty shall be $200 per violation.

(c) For a third or subsequent violation, the amount of the base penalty shall be $500 per violation.

(2) Single-family.

(a) For a first violation, the amount of the base penalty shall be $50 per violation.

(b) For a second violation, the amount of the base penalty shall be $100 per violation.

(c) For a third or subsequent violation, the amount of the base penalty shall be $250 per violation.

(F) Compliance deadline extension considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

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

(2) Delays in obtaining discretionary permits or other government agency approvals; or

(3) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR § 18996.2 due to those deficiencies.

(G) Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to the appeals procedures in Chapter 1.28 of this Code.

(H) Education period for non-compliance. Beginning January 1, 2022 and through December 31, 2023, the city will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance with this chapter, and if the city determines that organic waste generator, hauler, self-hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

(I) Civil penalties for non-compliance. Beginning January 1, 2024, if the city determines that an organic waste generator, hauler, self-hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed. The foregoing shall not apply to violations arising from incidences where a hauler discovers prohibited container contaminants found in containers.

(J) Enforcement table - non-exclusive list of violations.

TABLE 1 LIST OF VIOLATIONS

TABLE 1 LIST OF VIOLATIONS

(Ord. 983 C.S., passed 2-2-22)

In interpreting this chapter in conjunction with the city's general solid waste regulations (Municipal Code Chapter 8.12 entitled "Collection, Recycling and Disposal of Solid Waste" and in the event of any conflict between this Chapter 5.3A. and Chapter 8.12 that cannot be reasonably harmonized through the application of lawful principles of statutory construction, the provisions of this chapter shall control with respect to all issues specific to the regulation of organic and food waste collection, disposal, enforcement, and penalties.

(Ord. 983 C.S., passed 2-2-22)