Marin County Municipal Code Ch. 7.00 Solid Waste Collection, Diversion and Disposal

Footnotes:

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Editor's note— Ord. No. 3761, § 2(Exh. A), adopted March 1, 2022, repealed ch. 7.00, §§ 7.00.020—7.00.081 and enacted a new ch. 7.00 as set out herein. Former ch. 7.00 pertained to refuse disposal and derived from Ord. 1626, § 1(part), adopted 1968 and Ord. 1974, § 1, adopted 1968.

As used in this chapter, unless a different meaning is apparent from the context or specified elsewhere in the code, the following terms shall have the following meanings:

1. "Act" means the California Integrated Waste Management Act of 1989 (commencing with § 40000 of the Public Resources Code), as amended, supplemented, superseded, and replaced from time to time, including, but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), the short-lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of California's Department of Resources Recycling and Recovery ("CalRecycle"), or its successor agency.

2. "Authorized collector" means such persons, firms or corporations collecting and delivering for disposal, recycling or processing solid waste, recyclable materials and/or organic materials originating in the county and doing so under a permit, contract, or franchise agreement with the county.

3. "Bulky waste" means large items of solid waste such as appliances, e.g., white goods, e-waste (except for universal waste), furniture, tires, carpets, mattresses and similar large items, large auto parts, trees, branches, stumps, and other oversized waste(s) whose large size precludes or complicates their handling by normal collection, processing, or disposal methods. It does not include abandoned vehicles or household hazardous waste.

4. "CCR" means the 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 CCR.

5. "Collection" means the act of collecting solid waste, recyclable materials, organic materials, and other material at the place of generation in the county for transport to a solid waste facility or other recovery activity.

6. "Commercial business" or "commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family dwelling, or as otherwise defined in 14 CCR §§ 18982(a)(6). A multi-family dwelling that consists of five or more dwelling units is "commercial," for the purposes of this chapter.

7. "Commercial edible food generator" means a tier one or a tier two commercial edible food generator as defined in 14 CCR §§ 18982(a)(73) and (a)(74). For purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.

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

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

10. "Composting" means the process of controlled biological decomposition of organic material.

11. "Construction and demolition debris" or "C&D" means used or discarded materials resulting from construction, renovation, remodeling, repair, demolition, excavation or construction clean-up operations on any pavement or structure.

12. "Container" or "collection container" means, for the purpose of this chapter, any bin, box or cart used for the purpose of holding solid waste, recyclable materials or organic materials for collection.

13. "Department" means any county department duly authorized by the county administrator to enforce and administer this chapter.

14. "Designee or designated entity" means an entity that the county contracts with or otherwise arranges to carry out any of the county'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.

15. "Director" means the county official duly authorized by the county administrator to enforce and administer this chapter, their designee, or a duly authorized representative of the county Health Officer pursuant to the authority contained in California Health and Safety Code §§ 101280(b) and 101030.

16. "Disposal" means the final disposition of solid waste at a solid waste facility permitted for disposal.

17. "Diversion" means activities that reduce or eliminate the amount of solid waste from solid waste disposal, and which return these materials to use in the form of raw materials for new, reused, or reconstituted products, which meet the quality standards necessary for commercial use, or for other purposes of reuse.

18. "Dwelling unit" means one or more rooms with internal access between all rooms, which provide complete independent living facilities for at least one family, including provisions for living, sleeping, eating, cooking, bathing, and sanitary facilities.

19. "Edible food" means 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.

20. "Enforcement action" means an action of the county to address non-compliance with this chapter including, but not limited to, issuing administrative notices, citations, fines, penalties, or using other remedies.

21. "Exempt waste" means biohazardous or biomedical waste, hazardous waste, medical waste, regulated radioactive waste, waste that is volatile, corrosive, or infectious, waste treatment or processing sludge, contaminated soil and dirt, contaminated concrete, contaminated asphalt, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, any matter or materials which are not acceptable for disposal at a solid waste landfill as defined in AB 939 and subsequent legislation, and those wastes under the control of the Nuclear Regulatory Commission.

22. "Food distributor" means 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).

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

a. A food bank as defined in § 113783 of the Health and Safety Code;

b. A nonprofit charitable organization as defined in § 113841 of the Health and Safety code; and,

c. A nonprofit charitable temporary food facility as defined in § 113842 of the Health and Safety Code.

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

25. "Food waste" means food scraps and trimmings and other putrescible waste that results from food production, preparation, cooking, storage, consumption or handling. Food waste includes but is not limited to meat, fish and dairy waste, fruit and vegetable waste and grain waste. Food waste does not include exempt waste.

26. "Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations based on contractual arrangements with these types of organizations or as otherwise defined in 14 CCR § 18982(a)(27).

27. "Garbage" means all non-recyclable packaging and putrescible waste attributed to normal activities. Garbage does not include recyclable materials, organic materials, construction and demolition debris, large items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste.

28. "Generator," for the purpose of this chapter, means a person or entity, including commercial and residential entities, that is responsible for the initial creation of organic materials, or as otherwise defined as "organic waste generator" in 14 CCR § 18982(a)(48).

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

30. "Hauler" means a person who collects material from a generator and delivers it to a reporting entity, end user, or a destination. Hauler includes public contract haulers, private contract haulers, food waste self-haulers, and self-haulers.

31. "Inspection" means a site visit where a jurisdiction or its designee or designated entity, reviews records, containers, and an entity's collection, handling, recycling, or disposal of solid 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).

32. "Large venue" means a permanent organized event facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the 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.

33. "Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand 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.

34. "Organic material" or "organic waste" means solid waste(s) containing material originated from living organisms and their metabolic waste products, including, but not limited to, food waste, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR § 18982(a)(46).

35. "Organic material processing facility" means any facility selected by the authorized collector that is approved by the county, or specifically designated by the county, operated and legally permitted for the purpose of receiving and processing organic materials.

36. "Person" means any person or persons, firm, association, corporation or other entity acting as principal, agent or officer, servant or employee, for themselves or for any other person, firm or corporation.

37. "Premises" includes a tract or parcel of land with or without habitable buildings or appurtenant structures as defined in 14 CCR § 17225.50) For purposes of this chapter the word premises includes residential and commercial uses of the land, whether owned, leased, rented or sub-rented, including every dwelling house, dwelling unit, apartment house or multiple-dwelling building, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, office building, department store, manufacturing, processing or assembling shop or plant, warehouse and every other place or premises where any person resides, or any business is carried on or conducted within the county.

38. "Prohibited container contaminants" means (1) discarded materials placed in the designated recyclables container that are not identified as acceptable source separated recyclables for the county's designated recyclables collection container; (2) discarded materials placed in the designated organic materials collection container that are not identified as acceptable source separated organic materials for the county's designated organic materials collection container; and (3) discarded materials placed in the garbage container that are acceptable source separated recyclables and/or source separated organic materials to be placed in county's designated organic materials collection container and/or designated recyclables collection container, and (4) exempt waste placed in any container.

39. "Recyclable materials" means any material designated to be segregated from the waste stream for purposes of recycling (adapted from Public Resources Code § 41951).

40. "Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become garbage and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code § 40201. (CCR, Title 14, § 17225.54).

41. "Residential" means, for the purposes of this chapter, any premise consisting of between one and four dwelling units, and onsite domestic uses accessory to these dwelling units. A multi-family dwelling that consists of fewer than five dwelling units is "residential," for the purposes of this chapter.

42. "Self-haul" means a person who hauls solid waste, organic material or recovered material they have 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 materials to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR § 189881(a)(66)(A).

43. "Solid waste" has the same meaning as defined in Public Resources Code § 40191, which defines solid waste as all putrescible and non-putrescible solid and semisolid wastes, including garbage, demolition and construction debris, bulky waste, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes with the exception that solid waste does not include any of the following wastes: (1)Hazardous waste, as defined in the Public Resources Code § 40141; (2)Radioactive waste regulated pursuant to the State Radiation Control Law Chapter 8 (commencing with § 114960) of Part 9 of Division 104 of the Health and Safety Code); and (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with § 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Public Resources Code § 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the Public Resources Code. Recyclable materials and organic materials are a part of solid waste. Bulky waste means large items of solid waste such as appliances, e.g., white goods, e-waste (except for universal waste), furniture, tires, carpets, mattresses and similar large items, large auto parts, trees, branches, stumps, and other oversized waste(s) whose large size precludes or complicates their handling by normal collection, processing, or disposal methods. It does not include abandoned vehicles or household hazardous waste.

44. "Solid waste collection service" means collection of solid waste originating in the county, by persons, firms or corporations, and doing so under a contract or franchise agreement with the county.

45. "Solid waste facility" or "facility" means a solid waste transfer or processing station including material recovery facilities, a recycling facility, a composting facility, a gasification facility, a transformation facility, an engineered municipal solid waste conversion facility, and a disposal facility. Solid waste facility additionally includes a solid waste operation that may be carried out pursuant to an enforcement agency notification, as provided in regulations adopted by CalRecycle, or otherwise set forth in the Act.

46. "Source separate" means the process of removing recyclable materials and organic materials from solid waste at the place of generation, prior to collection, and placing such materials into separate containers designated for recyclable materials and organic materials, or as otherwise defined in 14 CCR § 17402.5(b)(4).

47. "Source reduction" means any action which causes a net reduction in the generation of solid waste. Source reduction includes, but is not limited to, reducing the use of non-recyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing garbage rate structures with incentives to reduce the amount of wastes that generator produce, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials. Source reduction does not include steps taken after the material becomes solid waste or actions which would impact air or water resources in lieu of land, including, but not limited to, transformation.

48. "Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars 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).

49. "Tier one commercial edible food generator" means 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 ten thousand square feet.

c. Food service provider.

d. Wholesale food vendor.

e. Food distributor.

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.

50. "Tier two commercial edible food generator" means a commercial edible food generator that is one of the following as defined in 14 CCR § 18982(a):

a. Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.

b. Hotel with an on-site food facility and two hundred or more rooms.

c. Health facility with an on-site food facility and one hundred or more beds.

d. Large venue.

e. Large event.

f. A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.

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

If the definition in 14 CCR § 18982(a)(74) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR § 18982(a)(74) shall apply to this chapter.

51. "Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food, including fruits and vegetables, is received, shipped, stored, and prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR § 18982(a)(76).

(Ord. No. 3761, § 2(Exh. A), 2022)

It is unlawful to cause or permit to accumulate any dust, ashes, or solid waste that can be blown away by the wind, except in an approved collection container or as otherwise permitted in this chapter.

(Ord. No. 3761, § 2(Exh. A), 2022)

It is unlawful to deposit, or permit to fall from any vehicle, any solid waste, including, but not limited to, garbage, recyclable materials, or organic materials on any public street or alley. Nothing contained in this section shall be construed to prohibit placing solid waste in an approved collection container for collection.

(Ord. No. 3761, § 2(Exh. A), 2022)

Except as authorized in this chapter, it is unlawful for any person to:

A. Throw, bury, deposit, or cause to be thrown or deposited, any solid waste, or allow any collection of same to remain in or upon any private property, public right-of-way, alley, sidewalk, park, watercourse, waterway, levees or banks of watercourses or waterways, or upon any premises whatsoever other than in an approved solid waste facility or as otherwise set forth in this chapter. Any material not disposed of as aforesaid shall be placed in collection containers for collection.

B. Place or cause to be placed in any public receptacle owned or rented by the county and located upon public streets or in public places, any solid waste originating within or from any private property of more than one-half cubic foot, including casual use.

(Ord. No. 3761, § 2(Exh. A), 2022)

No person, owner, agent, or occupant of any premises shall allow any accumulation of solid waste to remain thereon for longer than thirty days nor for any period of time if the same is found by the county to constitute a nuisance.

(Ord. No. 3761, § 2(Exh. A), 2022)

Each residential generator shall comply with the following requirements:

A. Shall subscribe to the county's organic waste collection services for all organic materials generated as described in this section, except generators that meet the self-hauler requirements set forth in section 7.00.090.

B. Shall arrange for a size, quantity, and collection frequency of collection containers to adequately store organic materials generated on the premise between the times designated for collection service. The county shall have the right to review the number and size of such collection containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the county in order to meet the standards set forth in this chapter.

C. Shall place source separated organic materials, including food waste, in the organic materials collection container; place source separated recyclable materials in the recyclable material collection container; and place garbage in the approved solid waste collection container. Generators shall not place prohibited container contaminants into the garbage collection container, organic materials collection container or recyclable material collection container.

D. Nothing in this chapter shall prohibit generators from regularly disposing of solid waste at a solid waste facility, by self-hauling or through the uncompensated services of another in a collection manner that otherwise complies with this chapter.

E. Nothing in this section limits the right of any person to donate, sell, or otherwise remove their recyclable materials so long as the removal otherwise complies with this chapter.

F. Organic materials may be fed to animals on the premises where such organic materials are produced, provided that the premises are always kept in a sanitary condition to the satisfaction of the county; and provided further that the keeping and feeding of such animals shall at all times conform to the applicable laws governing the same now in force or which thereafter may be enacted or promulgated.

G. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on-site, using a community composting site, or other composting operation, pursuant to 14 CCR § 18984.9(c), provided that such operation conforms to the applicable laws governing the same now in force or which thereafter may be enacted or promulgated.

(Ord. No. 3761, § 2(Exh. A), 2022)

Commercial generators, including multi-family dwellings, shall comply with the following requirements.

A. Each commercial generator, large events and large venues shall be responsible for compliance with the requirements of this section, except generators that meet the self-hauler requirements set forth in section 7.00.090.

B. Shall subscribe to a level of service with an authorized collector that is sufficient to handle the volume of garbage, recyclable materials and organic materials generated or accumulated on the premises. Additionally, each commercial generator shall ensure the proper separation of garbage, recyclable materials and organic materials, as established by the authorized collector, by placing each type of material in approved collection containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on-site conduct proper source separation of garbage, recyclable materials and organic materials.

C. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors, conforming with requirements of this section, for employees, contractors, tenants, and customers, consistent with the collection service.

D. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of garbage, recyclable materials and organic materials.

E. Provide educational information before, or within, fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated organic materials and source separated recyclable materials separate from garbage (when applicable) and the location of containers and the rules governing their use at each premise.

F. Accommodate and cooperate with the authorized collector's monitoring program for inspection of the contents of collection containers for prohibited container contaminants, to evaluate generator's compliance.

G. Provide or arrange access for director or its designee to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.

H. Commercial generators, excluding multi-family dwellings, shall comply with the following requirements:

1. Provide collection containers for the collection of source-separated organic materials and source separated recyclable materials in all indoor and outdoor areas where solid waste collection containers are provided for customers, for materials generated onsite. Such containers do not need to be provided in restrooms. If a commercial generator does not generate any of the materials that would be collected in one type of collection container, then it is not required to provide that type of collection container in all areas where disposal collection containers are provided for customers. Pursuant to 14 CCR § 18984.9(b), the collection containers shall have either:

i. A body or lid that is gray or black for collection of garbage, blue and/or tan for collection of recyclable materials, and green for collection of organic materials. A commercial generator is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

ii. 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 on new containers commencing January 1, 2022.

2. To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials, i.e., the incorrect container, per the solid waste collection service, or if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program in accordance with this chapter.

3. Periodically inspect collection 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).

4. Commercial generators that are commercial edible food generators shall comply with food recovery requirements, pursuant to section 7.00.150.

I. Multi-family dwellings are not required to comply with container placement requirements or labeling requirements pursuant to 14 CCR § 18984.9(b).

H. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on-site, using a community composting site, or other composting operation, pursuant to 14 CCR § 18984.9(c), provided that such operation conforms to the applicable laws governing the same now in force or which thereafter may be enacted or promulgated.

(Ord. No. 3761, § 2(Exh. A), 2022)

A. De Minimis waivers. The county may waive a commercial business' obligation to comply with some or all the organic waste requirements set forth in section 7.00.070 if the commercial business provides documentation that the business generates below a certain amount of organic waste as described in this section. 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 described below.

2. Provide documentation that either:

a. The commercial business' total solid waste collection service is two or more cubic yards per week and organic material subject to collection comprises less than twenty gallons per week of the business' total weekly 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 comprises less than ten gallons per week per applicable container of the business' total waste.

c. For the purposes of subsections (i) and (ii) above, weekly solid waste collection shall be the sum of weekly garbage container volume, recyclable material container volume and organic materials container volume, measured in cubic yards.

3. Notify the county if circumstances change such that volume of commercial business' organic materials placed in collection containers 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 county has approved de minimis waiver.

B. Physical space waivers. The county may waive a commercial business' obligations to comply with some or all of the recyclable materials and/or organic materials collection service requirements if the premises lack adequate space for the collection containers required for compliance with the organic materials collection requirements. A commercial generator may request a physical space waiver through the following process:

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

2. Provide documentation that the premises lack adequate space for the recyclable materials collection containers and organic materials collection containers including documentation from its authorized collector, licensed architect, or licensed engineer.

3. Provide written verification to the county that it is still eligible for physical space waiver every five years if the county has approved application for a physical space waiver.

(Ord. No. 3761, § 2(Exh. A), 2022)

A. Self-haulers must source separate recyclable materials and organic waste generated on-site from garbage and transport recyclable materials and organic waste to a solid waste facility, operation, activity, or property that processes or recovers those materials.

B. Self-haulers that are commercial businesses shall keep a record of the amount of organic materials delivered to each facility, operation, activity, or property that processes or recovers organic materials; this record shall be subject to inspection by the county. The records shall include the following information:

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

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

3. Complete and retain on-site a self-hauling form certifying that all self-hauling activities will be completed in accordance with this chapter or any other applicable law or regulation. A copy of such form shall be completed and remitted annually to the county.

(Ord. No. 3761, § 2(Exh. A), 2022)

A. It shall be the duty of every property owner, occupant and tenant of any premises within the county to store all solid waste, including, but not limited to, garbage, recyclable materials and organic materials in a collection container. Collection containers shall be constructed of metal or an approved plastic material and having tight fitting covers such that the containers hold the garbage, recyclable materials and organic materials without spillage and leakage, escape of odors or access of insects of vermin to the contents thereof. The specific nature of said collection containers shall be established as from time to time approved by this county or authorized collector.

B. Each collection container and its cover shall be kept clean, and the cover shall not be removed except to place solid waste therein or to empty the same.

C. No collection container other than those consistent with this chapter shall be placed or kept in or on any public street, sidewalk, footpath, or any public place whatsoever, but shall be maintained on the premises, except as may be provided for removing and emptying by the authorized collector on the day(s) and in the location designated for collection.

D. In all cases in which a property owner or occupant stores solid waste, including, but not limited to, garbage, recyclable materials or organic waste on their property or premises, it shall require it to be stored or handled in such manner so as not to promote the propagation, harborage or attraction of vectors or the creation of nuisance. Each person who has a collection container shall keep the area surrounding the collection container in a clean, safe, and sanitary condition.

(Ord. No. 3761, § 2(Exh. A), 2022)

A. Requirement. No person shall collect, handle, transfer, store, process, transport or use solid waste, including, but not limited to, garbage, recyclable materials or organic waste in the unincorporated area of the county without first entering into a franchise agreement with the county authorizing such activity.

B. Exceptions. The provisions of this section shall not apply to any of the following:

1. Persons who have a franchise agreement with a special district.

2. Persons hauling their own solid waste, including, but not limited to, garbage recyclable materials or organic waste generated from their own residences, farms, agricultural operations, industrial, commercial or business establishments with their own transport vehicles and their own containers in compliance with this chapter.

3. Materials hauled by service provider. Building contractors, professional gardeners, landscapers, cleanup services engaged in the hauling of their own solid waste or solid waste generated by themselves in the course of rendering a service, provided the hauling is done with their own transport vehicles and their own containers, all solid waste is disposed of at an approved disposal site, and all organic waste is delivered to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste or to a high diversion organic waste processing facility.

4. Construction and demolition debris. Any person, firm or entity collecting and transporting C&D Debris.

5. Purchased commodities. Any person that purchases, collects and transports source-separated recyclable materials provided that:

a. The generator is compensated reasonably for the materials collected or the generator is not paying a fee for any hauling or other service in connection with such arrangement;

b. Such materials are not disposed of as solid waste; and

c. The source separated recyclable materials collected shall be separated from solid waste by the generator so that they are at least 90 percent recyclable or compostable;

d. All containers shall be prominently marked "recycle" with a minimum of twelve-inch high letters on at least the widest two sides of such containers; and

e. Upon request of the director, the hauler shall provide adequate documentation to the director showing that all such materials were recycled or re-used. Proof shall consist of third party documentation of the sale of materials for recycle or reuse to the third party.

6. Hazardous waste and infection waste. Household hazardous waste, hazardous waste, infectious waste, and designated waste regardless of its source.

7. Materials generated by entities not within the jurisdiction of the county. Materials, including solid waste, organic waste and recyclable materials, generated by public schools and universities, and city, county, state and federal facilities located in the county, provided that the generator has arranged for collection services with other persons through a separate agreement.

8. Donations. Items being collected or dropped off for reuse or repurposing at a thrift store.

9. Bulky items direct from retailer. Bulky items such as mattresses or large appliances that are removed and recycled as part of a service, provided by a retailer, when a customer purchases a replacement product.

10. Food delivery. Food delivered to food recovery organizations for the purposes of human consumption consistent with SB1383 regulations.

(Ord. No. 3761, § 2(Exh. A), 2022)

A. Haulers and authorized collectors providing residential, commercial, or industrial organic material collection services to generators within the county's boundaries shall meet the following requirements and standards as a condition of approval to collect organic material:

1. Through written notice to the county annually on or before January 1, 2022, identify the facilities to which they will transport organic material including facilities for source separated recyclable materials and source separated organic material. This subsection is not applicable to self-haulers.

2. Transport source separated recyclable materials and source separated organic material to a facility, operation, activity, or property that recovers organic material as defined in 14 CCR, Division 7, Chapter 12, Article 2.

3. Obtain approval from the county to haul organic material, unless it is transporting source separated organic material to a community composting site or lawfully transporting construction and demolition debris in a manner that complies with 14 CCR § 18989.1.

B. Collection and transportation equipment shall be maintained and utilized consistent with the 14 CCR, §§ 17341 through 17345.

C. Haulers and authorized collector shall further abide by all applicable laws and the regulations and orders of the county health department or officer, and ordinances and general regulations of the county, now or hereafter adopted.

(Ord. No. 3761, § 2(Exh. A), 2022)

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

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

(Ord. No. 3761, § 2(Exh. A), 2022)

A. Tier one commercial edible food generators must comply with the requirements of this section by January 1, 2022 and tier two commercial edible food generators must be in full compliance by 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 the county'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:

i. The name, address and contact information of the food recovery service or food recovery organization.

ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

iii. The established frequency that food will be collected or self-hauled.

iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with § 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend § 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 3761, § 2(Exh. A), 2022)

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(1):

1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

2. The quantity in pounds of edible food collected from each commercial edible food generator per month.

3. The quantity in pounds of edible food transported to each food recovery organization per month.

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

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 allow the county's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR § 18991.4.

D. Food recovery organizations and food recovery services that have their primary address physically located in the county and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR § 18991.3(b) shall annually report to the county 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 April 1.

E. In order to support edible food recovery capacity planning assessments or other studies conducted by the county, or its designated entity, food recovery services and food recovery organizations operating in the county shall provide information and consultation to the county, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the county and its commercial edible food generators. A food recovery service or food recovery organization contacted by the county shall respond to such request for information within sixty days unless a shorter timeframe is otherwise specified by the county.

(Ord. No. 3761, § 2(Exh. A), 2022)

A. Inspections.

1. The county or designee is authorized to conduct inspections and investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. This may include inspections and investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter, subject to applicable laws. This section does not allow inspectors to enter the interior of a private residential property for inspection.

2. A person subject to the requirements of this chapter shall provide or arrange for access during all inspections (with the exception of a residential property interior) and shall cooperate with the county or designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure to provide or arrange for: (i) access to the premises; or (ii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties.

3. Any records obtained by the county or designee, during inspections, investigations, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code § 6250 et seq.

4. Written complaints from persons regarding an entity that may be potentially non-compliant with this chapter, including anonymous complaints, may be directed to the department and/or its designee.

B. Enforcement.

1. Violation of any provision of this chapter shall constitute grounds for issuance of an administrative fine and assessment of a fine by county and/or its designee pursuant to Title 1 of the Marin County Code. The county's procedures on imposition of an administrative fine are hereby incorporated in their entirety, as may be modified from time to time, and shall govern imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated.

2. Other remedies allowed by law may be used including civil action or prosecution as a misdemeanor or infraction, subject to the maximum fine or penalty amounts for infractions set forth in Government Code § 25132 and § 36900(b).

3. Enforcement pursuant to this chapter may be undertaken by the county or their designated entity, legal counsel, or combination thereof.

4. The county's procedures on imposition of administrative citations and fines as contained in Title 1 of the Marin County Code shall govern the imposition, enforcement, collection, and review of administrative citations and fines issued to enforce this chapter and is incorporated in its entirety, as it may be modified from time to time, except as otherwise indicated in this chapter. Any section of this chapter may be enforced by the county, or, if agreed to, by its designated enforcement agency.

5. Process for enforcement shall be as follows:

a. For the first violation, the director or its designee, upon determination that a violation of this chapter has occurred, shall issue a written warning notice to the responsible party specifying that a violation of this chapter has occurred, along with the appropriate penalties in the event of future violations.

b. For any subsequent violation, a notice of violation shall be issued, which shall require compliance within sixty days of issuance of the notice.

c. Absent compliance by the respondent within the deadline set forth in the notice of violation, county shall commence an action to impose penalties as allowed by this chapter and pursuant to Chapter 1 of the Marin County Code.

6. Penalties shall be assessed as follows, except as larger sums may be allowed by state laws, as they may be amended from time to time:

a. For a first violation, a fine of one hundred dollars per violation.

b. For a second violation, a fine of two hundred dollars per violation.

c. For a third or subsequent violation, a fine of five hundred dollars per violation.

7. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. County may pursue civil actions to seek recovery of unpaid administrative citations. County 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 county staff and resources. This section shall not prevent or limit county from taking immediate enforcement action as necessary to prevent a public nuisance and state law and seeking all available remedies and penalties for public nuisances.

8. The director or its designee may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section upon finding that there are extenuating circumstances beyond the control of the responsible party that makes compliance within the deadlines impracticable, including the following:

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

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

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

9. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to the procedures described in Title 1 of this Code.

(Ord. No. 3761, § 2(Exh. A), 2022)

All operators of solid waste collection, transportation, transfer or disposal services must maintain operating records as the director may require for determining compliance with this chapter, and must, if requested by the director, submit periodic reports that include operating records. The reports may include, but need not be limited to, the following: Address of each residential customer and commercial customer to whom solid waste collection service is provided;

1. Volume and tonnage received;

2. Name and address of the premises where solid waste is collected;

3. Type of materials collected;

4. Facilities to which the operator transports organic waste.

(Ord. No. 3761, § 2(Exh. A), 2022)

Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty that is preempted by, or in conflict with, federal or state law, rules, or regulations.

(Ord. No. 3761, § 2(Exh. A), 2022)