Martinez Municipal Code Ch. 8.18 Source Reduction and Recycling

[1]

Editor's note: Prior history: Ord. 1198, adopted in 1993; and Ord. 1272 C.S., adopted in 2000.

A. Violation of any provision of this chapter may constitute an infraction, in City's discretion, and may be grounds for issuance of a Notice of Violation and, with the exception of the violation of prohibited container contaminants, assessment of an administrative citation and penalty by the City Manager or designated enforcement agency.

B. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative citations and fines as contained in Chapter 1.12 shall govern the imposition, enforcement, collection, and review of administrative citations and fines issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter. Any section of this chapter may be enforced by the City of Martinez, or, if agreed to, by its designated enforcement agency.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. For the purposes of this Chapter, the following words and phrases shall have the meanings ascribed to them by this Section:

Act.

The California Integrated Waste Management Act of 1989 (sometimes referred to as "AB 939"), Public Resources Code § 40000 and following as it may be amended, 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), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.

Approved recycling collection program.

A recycling and organic waste collection program operated by an authorized recycler under a contract, franchise agreement, or license with the City.

Approved recycling container.

The bag, box, or other container supplied by or identified by the City or an authorized recycler as the container into which recyclable materials or organic waste shall be placed and which shall be located at the curb or other collection station.

Authorized recycler.

The City or a person authorized by a City contract or license to collect recyclable materials and organic waste.

Authorized solid waste container.

A receptacle for solid waste conforming to the specifications of this Chapter or to regulations as may from time to time be promulgated and adopted by the City pursuant to this Chapter.

Bulky waste.

Large items of solid waste such as appliances, furniture, large auto parts, trees, branches, stumps and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing or disposal methods.

CFC-processed food packaging.

Any food packaging which uses chlorofluorocarbons ("CFCs") as blowing agents in its manufacture. Chlorofluorocarbons are the family of substances containing carbon, fluorine and chlorine, having no hydrogen atoms and no double bonds.

City manager.

The City Manager or their designee, which may include city employees.

Collection station.

An approved location at which solid waste is placed in containers for collection by the City, the authorized collector, or an authorized recycler.

Commercial business or commercial.

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

Commercial edible food generator.

Tier one or tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74).

Compost operation.

A process whereby the biological decomposition of organic wastes is controlled so as to yield a safe and nuisance free product.

Curbside recycling collection program.

The City's curbside recycling program by which recyclables are picked up from single-family residences without payment of any redemption value to the property owner.

Development project.

Means any of the following:

a.

A project for which a building permit is required for a commercial, industrial, or institutional building, marina, or residential building having five or more living units, where solid waste is collected and loaded and any residential project where solid waste is collected and loaded in a location serving five or more living units.

b.

Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste.

Designated contractor or franchised collector/recycler.

An entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A designated contractor may be a City employee, government entity, the Franchised collector/recycler, a private entity, or a combination of those entities.

Donor.

The person taking recyclables to a recycling facility or a person placing recyclable material at the curb or other recycling collection station for scheduled collection.

Edible food.

Food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 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 ordinance including, but not limited to, issuing administrative notices, citations, fines, penalties, or using other remedies.

Enforcement agency.

An entity with the authority to enforce part or all of this chapter as specified herein. Employees and agents of an Enforcement Agency may carry out inspections and enforcement activities pursuant to this chapter. Nothing in this chapter authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity and the City. The City is an Enforcement Agency for all Sections of this chapter. City may choose to additionally delegate enforcement responsibility for certain sections, to other public entities, including the County of Contra Costa.

Exempt waste.

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.

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 Section 18982(a)(25), including, but not limited to:

a.

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

b.

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

c.

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

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 Section 18982(a)(26).

Food waste.

Food scraps and trimmings and other putrescible waste that result 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.

Garbage.

All non-recyclable packaging and other waste attributed to normal activities of a service unit. Garbage must be generated by and at the premise wherein the garbage is collected. Garbage does not include recyclable materials, organic waste, debris from construction and demolition, large items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste.

Generator.

For the purpose of this Chapter, means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined as "organic waste generator" in 14 CCR Section 18982(a) (48).

Hazardous waste.

A waste, or combination of wastes, which because of its quantity, concentration, or physical chemical, or infectious characteristics may either:

a.

Cause, or significantly contribute to, an increase in mortality or an increase in serious, irreversible, or incapacitating, reversible illness.

b.

Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

Inspection.

A site visit where the City Manager, designated contractor, or designated enforcement agency, 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 ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).

Multi-family unit.

A dwelling unit which includes two or more individual living units and which receives communal refuse and/or recycling services.

Non-residential establishment.

A business, commercial, industrial and other types of premises other than single-family and multi-family residential and includes without limitation all commercial and industrial use classifications.

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, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46), or such other materials designated by City Manager. Organic waste subject to collection in the approved recycling container shall be promulgated by the City Manager.

Place or premises.

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 City.

Plastic film.

Plastic film includes plastic shopping and dry cleaning bags, and shrink wrap used to wrap pallets for shipping. This material is generally coded "4" for low density polyethylene and "2" for high density polyethylene.

Polystyrene plastic.

A thermoplastic petrochemical material utilizing a styrene monomer and a blowing agent compound which is used to produce molded expanded or extruded polystyrene plastic foam.

Post-consumer recycled material.

A finished material which would normally be disposed of as a solid waste having completed its life cycle as a consumer item, and which is separated or collected separately from the waste stream and made available for reuse as a raw material.

35. Prohibited container contaminants means: (i) discarded materials placed in the designated recycling container that are not identified as acceptable source separated recyclable materials for the designated recycling container (ii) discarded materials placed in the designated organic waste container that are not identified as acceptable source separated organic waste for the designated organic waste container; and (iii) discarded materials placed in the garbage container that are acceptable source separated recyclable materials and/or source separated organic wastes to be placed in designated organic waste container and/or designated recycling container; and (iv) exempt waste placed in any container.

Recyclable material or recyclables.

Refuse material generated or collected at a place or premises, and in a condition such that it can be re-manufactured or reprocessed into usable materials or new products, which includes, but is limited to, unsoiled mixed paper, glass, aluminum, cardboard, chipboard (i.e. cereal and shoe boxes), newsprint, plastic food and beverage containers (labeled #1 through #7 or as so directed by the City Manager), tin/bimetal containers, E-waste peripherals (such as keyboards, mouse, and speakers), hardcover books, rigid plastics (such as toys, buckets, trays, and crates), plastic bags, scrap metal/aluminum, used motor oil, oil filters, automotive batteries, brick, stone, wood, soil, construction and demolition debris, asphalt or concrete in reusable condition, or such other materials designated by City Manager. Recyclable materials subject to collection the approved recycling container shall be promulgated by the City Manager.

Recycle or recycling.

The process of separating and collecting used materials which would otherwise become solid waste, for the purpose of reprocessing them to create new materials to be returned to the economic mainstream.

Recycling facility.

A center for the acceptance by donation, redemption, or purchase of recyclable materials from the public and includes the facilities regulated by Chapter 22.37.

Residential.

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 unit that consists of fewer than five dwelling units is "Residential", for the purposes of implementing the compliance requirements of this Chapter.

Retail food establishment.

All sales outlets, stores, shops, restaurants, vending machines, vehicles, or other places of business located within the City which sell or convey ready-to-eat foods or beverages directly to the ultimate consumer for immediate consumption.

Returnable.

Take-out food packaging, such as but not limited to, soft drink bottles and milk containers that are capable of being returned to the distributor or supplier for reuse as the same food or beverage container at least once.

Self-hauler.

A person who hauls solid waste, organic waste or recovered material they have generated using their own vehicles, equipment and employees to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 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, vehicles and equipment, or as otherwise defined in 14 CCR Section 189881(a)(66)(A).

Single-family unit.

A dwelling which receives individual refuse and curbside recycling service.

Solid waste.

Except as provided in subdivision (b):

a.

"Solid waste" has the same meaning as defined in Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, recyclable materials, organic waste, trash, 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 semisolid wastes, and other discarded solid and semisolid wastes, provided, however, that solid waste does not include recyclable material.

b.

"Solid waste" does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Sections 25800) of Division 20 of the California Health and Safety Code.

c.

"Solid waste" does not include medical waste which is regulated pursuant to the Medical Waste Management Act Chapter 6.1 (commencing with Sections 25015) of Division 20 of the California Health and Safety Code, provided that the medical waste, whether treated or untreated, is not disposed of at a solid waste facility. Medical waste which has been treated and which is deemed to be solid waste shall be regulated pursuant to this Chapter.

Source separate.

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

Take-out food.

Prepared foods or beverages requiring no further preparation to be consumed and which are normally consumed within one hour of purchase. Take-out food includes food prepared for consumption on a restaurant's premises but not entirely consumed by the purchaser, with leftovers boxed, bagged or wrapped for later consumption off premises. Take-out food does not include food packaged and sealed by a distributor or supplier prior to being received by a retail food establishment.

Take-out food packaging.

All containers, boxes, bags, cups, lids, cans, trays, wraps, straws, utensils, and napkins provided with take-out food and beverages sold at retail food establishments.

Tier one commercial edible food generator.

A commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a), and as amended:

a.

Supermarkets with gross annual sales of $2,000,000.00 or more.

b.

Grocery store with a total facility size equal to or greater than 10,000 square feet.

c.

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

d.

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

e.

Food Distributor, which means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.

Tier two commercial edible food generator.

A commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a), and as amended:

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, which means 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 ordinance 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 ordinance 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.

e.

Large Event, which 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 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.

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.

g.

A local education agency facility with an on-site food facility as defined in 14 CCR Section 18982(a)(40).

Transfer or processing station.

Those facilities utilized to receive refuse, temporarily store, separate, convert, or otherwise process the materials in the refuse, or to transfer the refuse directly from smaller to larger vehicles for transport, and those facilities utilized for transformation.

B. Unless defined above, the terms used in this Chapter shall have the same meaning as the same terms are defined in Chapter 8.16.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. All recyclable materials and organic waste, upon being placed by the generator into an approved recycling container and placed at an approved collection station, shall become the property of the Franchised Collector/authorized recycler owning the recycling container, unless otherwise provided in a contract, license, or franchise agreement.

B. Unless otherwise provided in an agreement, the City maintains the right to salvage recyclable materials placed in authorized solid waste containers for collection by the authorized collector.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. The City Manager, or his/her designated representative, may adopt such rules and regulations as may be necessary for the proper administration and enforcement of this Chapter. Such regulations may include: (1) the required frequency of collection from various types of places and premises; (2) the types of special containers required for certain classes of solid waste; (3) the types of special containers required for certain classes of places and premises; and (4) the licensing of authorized collectors and recyclers.

B. Unless otherwise provided in an agreement, the City Manager or his/her designated representative shall resolve all disputes concerning the administration or enforcement of this Chapter. Any affected person who is dissatisfied with the determination of the City Manager may appeal the same to the City Council. Such appeal must be in writing and set forth the reasons for such appeal. The appeal must be filed with the City Clerk within ten days of the City Manager's decision and must be accompanied by the fee set by resolution of the City Council. No alleged violation of this Chapter shall be permitted, or be continued during the time any such appeal is pending.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. The City Manager, the Franchisee, or a designated City contractor or designated enforcement agency is authorized to conduct any inspections, remote monitoring, or other 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 approved recycling container or authorized solid waste container, collection vehicle load, or transfer, processing, or disposal facility to confirm compliance with this chapter, subject to applicable laws. This section does not allow entry in a private residential dwelling unit for inspection. For the purposes of inspecting approved recycling containers or authorized solid waste containers for compliance, the City Manager, designated contractor or designated enforcement agency may conduct container inspections for prohibited container contaminants using remote monitoring, and generators shall accommodate and cooperate with the remote monitoring.

B. A Person subject to the requirements of this chapter shall provide or arrange for access during all inspections and shall cooperate with the City Manager, designated contractor or designated enforcement agency during such Inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in approved recycling container or authorized solid waste container, 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; (ii) installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or (iii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties. Nothing herein shall preclude curbside container inspections for residential, multi-family dwellings and commercial units.

C. Any records obtained by the City Manager, designated contractor or designated enforcement agency during inspections, investigations, remote monitoring 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 Section 6250 et seq.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. All recyclable material and organic waste placed in approved recycling containers for collection shall be collected according to a schedule established by the City Manager or his/her designated representative or as provided in a license, contract, or franchise agreement between an authorized collector or an authorized recycler and the City.

B. It shall be unlawful for any person to handle, haul, collect, transport, store, transfer, process, accumulate, or dispose of recyclable material and organic waste in such a manner as to cause a nuisance.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. Recycling facilities and organics processing facilities must comply with all provisions in Chapter 22.37 of the Municipal Code.

B. The City may designate one or more intermediary transfer or processing stations of its choice and direct any authorized collector, authorized recycler or self-hauler to deposit collected recyclable material, organic waste, and/or other solid waste in said facility.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. A mandatory obligation is imposed on each person occupying any premise to source separate and recycle all recyclable material and organic waste generated on the premise.

B. The duty to recycle imposed herein may be discharged through the use of the City's curbside recycling collection program provided by the City's Franchised Collector/authorized recycler, an approved recycling collection program at a non-residential establishment provided by the Franchised Collector/ authorized recycler licensed by the City, or at a recycling facility approved by the City.

C. Generators shall arrange for a size, quantity and collection frequency of collection containers to adequately store all solid waste generated in connection with the residence or business between the times designated for collection service. The City and Franchised Collector/authorized recycler 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 City in order to meet the standards set forth in this chapter.

D. Generators shall place source separated organic waste, as directed by the City Manager, in the designated approved recycling container; source separated recyclable material, as directed by the City Manager, in the designated approved recycling container; and garbage in the authorized solid waste container designated for garbage. Generators shall not place materials designated for the authorized solid waste container into the approved recycling containers.

E. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c), provided that such operation conforms to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.

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

G. This Chapter does not limit the right of a person to donate, sell or otherwise dispose of recyclable material and organic waste in a fashion different than that described in subsection (B) so long as the disposal otherwise complies with this Chapter.

H. Nothing in this Chapter shall prohibit a generator from self-hauling solid waste in accordance with the requirements set forth in Section 8.18.330 in addition to subscription to solid waste collection service with the authorized collector and recycler.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. Except as otherwise provided by this Chapter, the owners or occupants of all residential generator occupied premises/units shall subscribe to the approved curbside recycling collection program and shall participate in the City's approved recycling collection program by placing source separated solid waste materials in approved recycling containers as described in Section 8.18.080, and shall not place prohibited container contaminants in approved recycling containers.

B. The owner or occupancy of each occupied residential premise/unit shall subscribe for recycling and organic waste collection services within seven days of occupancy of the premises. If the owner occupant fails to subscribe for service, the authorized recycler shall give the owner or occupant written notification that such service is required.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. Except as otherwise provided by this Chapter all non-residential establishments shall subscribe to an approved recycling collection program provided by an authorized recycler licensed by the City as herein specified, and for such service a charge may be collected as agreed upon between the generator and the authorized recycler.

B. Each commercial generator shall be responsible for compliance with the requirements of this Section.

1. Subscribe to the City's approved recycling collection program with the Franchisee/authorized collector and comply with requirements of those services, except commercial generators that meet the requirements in Section 8.18.320 of this Chapter. Each commercial generator shall subscribe to a level of service with the Franchisee/authorized collector that is sufficient to handle the volume of garbage, recyclable materials and organic waste generated or accumulated on the premises. Additionally, each commercial generator shall ensure the proper separation of solid waste, as established by the City Manager, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on-site conduct proper source separation of solid waste.

2. Supply and allow access to adequate number, size and location of approved recycling, organic waste, and garbage containers with sufficient labels or colors (conforming with requirements of this Chapter) for employees, contractors, tenants, and customers, consistent with the City's collection service.

3. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper source separation of solid waste.

4. Provide educational information before, or within, 14 days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials separate from garbage (when applicable) and the location of approved recycling containers and authorized solid waste containers and the rules governing their use at each property.

5. Accommodate and cooperate with the Franchisee/authorized collector's monitoring program for inspection of the contents of approved recycling containers for prohibited container contaminants, to evaluate generator's compliance.

6. If a commercial generator self-hauls, the commercial generator shall meet the self-haul requirements set forth in Section 8.18.330 of this Chapter.

C. Commercial generators, excluding multi-family dwellings consisting of five or more dwelling units, shall comply with the following requirements.

1. Provide containers for the collection of source separated organic waste and source separated recyclable materials in all areas where garbage disposal 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 Section 18984.9(b), the collection containers shall have either:

a. A body or lid that is gray or black for collection of garbage, blue for collection of recyclable materials, and green for collection of organic waste. 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.

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 14 CCR Section 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 solid waste materials in a container not designated for those materials per the approved recycling collection program.

3. Periodically inspect approved recycling containers and authorized solid waste containers for contamination and inform employees if containers are contaminated and of the requirements to keep prohibited container contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

4. Commercial generators that are commercial edible food generators, as defined in Section 8.18.020, shall comply with commercial edible food generator requirements, pursuant to Section 8.18.340.

(Ord. No. 1432 C.S., § II, 12/1/2021)

It is unlawful for any person subscribing to an approved recycling program as provided in this Chapter to willfully fail, neglect, or refuse to pay to the authorized recycler the rate provided by resolution of the City Council, by ordinance (if required by law), by an agreement between the City and the authorized recycler, or as determined through an agreement between the generator and the authorized recycler.

(Ord. No. 1432 C.S., § II, 12/1/2021)

An authorized recycler is responsible for the collection of any recycling fee on behalf of the City and the authorized recycler. An authorized recycler may bill its customers in advance of service, but in no case more than two months in advance of service.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. Collection of recyclables through an approved recycling collection program may occur six days per week, excluding Sundays, between the hours of 6:00 a.m. and 7:00 p.m. in residential and commercial districts, and in industrial districts by hours approved by the City Manager or his/her designated representative.

B. The City's approved curbside recycling collection program will not be operated on legal holidays as approved by the City. The authorized recycler shall be required to provide collection during the week of the holiday and shall be required to provide customers with advance notice of any change to scheduling.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. Unless otherwise provided in this Chapter, no one other than the Franchised Collector/authorized recycler shall collect and transport recyclables.

B. The Franchised Collector/ authorized recycler shall obtain a current license from, or enter into a contract, or Franchise Agreement with the City, as determined by the City Council, authorizing the recycler to handle, haul, collect, transport, store, transfer, process, or market recyclable material and organic waste within the City, except as otherwise provided by state or federal law. Such license, contract, or franchise agreement may be revoked by the City Council for noncompliance with the provisions of said license, contract, or franchise agreement or for violations of the provisions of this Chapter or any pertinent federal, state or local law. The terms and conditions under which an authorized recycler is required to operate shall be specified in the applicable license, contract, and/or franchise, and shall be administered by the City Manager or his/her designated representative. The fees and rates, if any, for such collection and processing and marketing operations shall be established by resolution of the City Council, by ordinance (if required by law) or by agreement with the City.

C. The City's Franchised collector/authorized recycler providing residential, commercial, or industrial organic waste collection services to generators within the City's boundaries, meets the following for collection of organic waste:

1. Through written notice to the City annually on or before January 1, 2022, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated organic waste.

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

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 construction and demolition debris in a manner that complies with 14 CCR Section 18989.1.

4. It shall be unlawful for any person to handle, haul, collect, transport, store, transfer, process, or market recyclable material and organic waste within the City, except as otherwise provided in this Chapter or, in the case of an emergency, as authorized the City Council.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. A recycling fund raising permit shall be required for any nonprofit organization wishing to collect and haul recyclable materials. Such permit shall be obtained from the City Manager or his/her designee and shall be granted only if the following conditions have been, or will be, complied with:

1. Only recyclable materials shall be collected and hauled.

2. Collection schedule shall not conflict with collection by authorized solid waste collectors and authorized recyclers.

3. Such recycling activities shall be incidental to the main purpose of the nonprofit organization.

4. Reporting information on categories and volume of recyclable materials collected shall be provided to the City as prescribed by the City.

5. The organization demonstrates to the City Manager or his/her designee that the organization is nonprofit.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. No license, franchise or contract shall be required for a person or business:

1. Handling, hauling, or transporting recyclable materials from his/her own residence or business for purposes of recycling of same at an authorized recycling facility or transfer station, provided, however, that the person or business is not engaged in the business of handling, hauling, collecting, transporting, storing, transferring or processing of solid waste.

2. Transporting recyclable materials over the streets of the City, where all of such recyclable materials so transported originates or originated: (a) outside the limits of the City; or (b) from a landscape maintenance work site and is being transported to another location outside the City or to an authorized disposal area, compost operation, or transfer station.

(Ord. No. 1432 C.S., § II, 12/1/2021)

It shall be unlawful for any person in any manner to interfere with the handling, hauling, collecting, transporting, storing, transferring or processing of recyclable materials by an authorized recycler.

(Ord. No. 1432 C.S., § II, 12/1/2021)

Commencing at 12:01 a.m. on the day preceding the day designated for collection of recyclable materials, no other person other than the generator or the authorized recycler shall remove recyclable material which has been placed in an approved recycling container at a designated recycling collection station. Each unauthorized collection from one or more designated recycling collection stations shall constitute a separate and distinct offense punishable as provided in this Chapter.

(Ord. No. 1432 C.S., § II, 12/1/2021)

This Chapter does not limit the right of an authorized recycler to bring a civil action against a person who violates Section 8.18.180A criminal conviction for such violation does not exempt a person from a civil action brought by an authorized recycler.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. Except for vehicles, conveyances, and containers used by persons described in Sections 8.18.170 and 8.18.180, all vehicles, conveyances or containers used for handling, hauling, collecting, transporting, storing, transferring or processing recyclables within or through the City shall be:

1. Of such construction as to comply fully with all laws, rules and regulations of the State pertaining thereto.

2. Maintained in a clean and sanitary condition.

3. Uniformly painted.

4. Include the name and phone number of the authorized recycler in letters not smaller than six inches high.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. Except for vehicles used by persons described in Sections 8.18.170 and 8.18.180, the Franchised Collector/ authorized recycler who conveys, handles, hauls, collects, transports, stores, transfers or processes recyclables within or through the City shall comply with the following requirements:

1. Recyclables shall be hauled in all-metal, watertight bodied motor trucks, of sufficient strength to withstand fire within, without endangering persons or property, and to prevent spillage, leakage or escape of noxious gases.

2. Each truck shall be equipped with covering drawn over the load as completed to full depth. Recyclables in the truck shall be contained in a manner so that the contents do not sift through or fall upon the street and do not blow upon the street or adjacent property. Any spillage of materials shall be immediately cleaned up at the expense of the authorized recycler.

3. The trucks shall be registered with the Department of Motor Vehicles and shall be kept in good repair.

4. In addition to the name and phone number of the authorized recycler, each collection truck shall also include the truck number in letters not smaller than six inches high.

(Ord. No. 1432 C.S., § II, 12/1/2021)

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 Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 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 Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

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

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

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

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

D. 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. No. 1432 C.S., § II, 12/1/2021)

A. No recycling container, other than one owned by the City, shall be placed or kept in or on any public street, sidewalk, footpath or any public place whatsoever, or remain in public view from any public right-of-way except as herein provided. No person shall place a container so that either the sidewalk or street gutter is obstructed.

B. Approved recycling containers are permitted to be placed in public view and on a public street, sidewalk or footpath only during the 48-hour period commencing at 12:01 a.m. on the day preceding the day of scheduled pick-up and terminating at 12:01 a.m. on the day following such pick-up.

C. For curbside pick-up, the collection station shall be the street curb line adjacent to such premises, and approved recycling containers shall be placed in the location by the occupant of such premises for collection by the authorized recycler.

D. The owners of multi-family residential complexes and other non-residential establishments which receive communal refuse and recycling services shall provide and maintain space within or adjacent to each trash enclosure, or adjacent to each dumpster or other trash container for placement of sufficient approved recycling containers.

E. Each person who has an approved recycling container shall keep the area where the container is located in a clean, safe and sanitary condition.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. Each owner of a multi-family residential complex and other non-residential establishments shall ensure that a recycling collection site Plan is submitted to the City Manager or his/her designee. The Plan shall:

1. Include a waste audit on a form to be prescribed by the City which shall identify the categories and volume of recyclables generated on the property.

2. Designate space on the property to be used for collection of all recyclable material and organic waste generated on the property.

3. Identify the means of recycling to be used by the property, such as reverse vending machines, off-site collection facilities, mobile recycling units, on-site or off-site processing facilities.

4. Identify the means and frequency of any off-site transport of recyclables.

5. Identify the contact person responsible for coordinating the recycling collection site plan.

B. The first Plan shall be submitted to the City by January 1, 1994, and thereafter upon reasonable notice by the City.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. On or after September 1, 1993, in addition to the requirements of Section 8.18.250, any new development project and/or any project for which an application for a building permit is submitted for modifications that meet one or both of the conditions below shall also meet all the requirements of Section 8.18.252:

1. Modification to the project adds 30 percent or more to the existing floor area, or

2. The price of modification exceeds ten percent of the then current assessed value of the subject parcel.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. The design and construction of the recycling area(s) shall be compatible with surrounding land uses and shall be located so they are at least as convenient as the location where solid waste is collected. Areas for collecting and loading recyclable material and organic waste should be adjacent to the solid waste collection area(s) and shall be adequate in capacity, number, and distribution to serve the development project.

B. Dimensions of the recycling area shall accommodate an adequate number of containers consistent with current methods of collection and loading of recyclable material and organic waste generated by the development project.

C. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling area(s).

D. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel and provide at least minimum clearance required by the collection methods and vehicles utilized by the authorized recycler in the area in which the development project exists.

E. Residential developers and property owners are encouraged to include recycling areas or systems within the residence; such as roll-out drawers below the sink for recycling receptacles; fireproof, cleanable, secure chutes from the living space to the space for collecting and loading recyclable material and organic waste, etc. The recommended internal storage space for recyclables for individual living units of residential development projects is three cubic feet.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. The City Manager or his/her designee shall approve the Plan for conformance to the requirements and intent of this Chapter and consistency with provisions of the Municipal Code.

B. The applicant shall be notified in writing of the action taken by the City Manager. Each Plan submitted under 8.18.260 must be fully implemented within three months after the approval date and/or in the case of new development projects within three months from receiving occupancy permit.

C. If the Plan is denied, the applicant must resubmit a revised Plan within one month after the denial date.

(Ord. No. 1432 C.S., § II, 12/1/2021)

The City encourages the immediate, voluntary phase out of take-out food packaging sold or offered at retail food establishments within the City, that is neither returnable, nor made with a significant amount of post-consumer recycled material.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. On and after January 1, 1995 at least 25 percent by volume of each retail food establishment's packaging in which take-out food is sold or provided to customers or which is kept, purchased or obtained for this purpose, shall be returnable or recyclable.

B. On and after January 1, 1997 at least 50 percent by volume of each retail food establishment's packaging in which take-out food is sold or provided to customers or which is kept, purchased or obtained for this purpose, shall be returnable or recyclable.

(Ord. No. 1432 C.S., § II, 12/1/2021)

On and after January 1, 1995 no retail food establishment shall purchase, obtain, keep, sell, distribute or otherwise use in its business any polystyrene CFC-processed take-out food packaging.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. On and after January 1, 1995, a retail food establishment shall maintain a written statement from the take-out food packaging supplier or manufacturer specifying:

1. The identity of the packaging's manufacturer.

2. Whether the packaging is returnable.

3. Whether the packaging is recyclable.

4. The minimum amount of post-consumer recycled material in the packaging material.

5. That the packaging is not CFC-processed.

The written statement shall be made available to any person upon request.

B. It shall be unlawful for any food packaging manufacturer or retail food establishment to make any misstatement of material fact to the City Manager or his/her designee regarding the returnable or recyclable nature of the packaging material or the use or non-use of CFCs in the manufacture of the packaging material.

C. A retail food establishment shall maintain written records evidencing its compliance with this Chapter.

D. A retail food establishment shall confirm its compliance with this ordinance on its annual business license renewal form.

E. All statements and documents required by this Chapter shall be made available for inspection by the City Manager or his/her designee.

(Ord. No. 1432 C.S., § II, 12/1/2021)

Except as provided in Section 8.18.290, the City Manager or designee may exempt a retail food establishment or a take-out food packaging material from the provisions of this Chapter for a one-year period, renewable annually, upon proper written application and a showing of undue hardship or a showing that no appropriate substitute take-out food packaging is available. Such application shall include a list of all food packaging suppliers or manufacturers contacted regarding the availability of substitute take-out food packaging.

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. Pursuant to 14 CCR Section 18984.11, the City may grant waivers to generators. Generators seeking a waiver shall submit their request in a form specified by the City Manager or designated contractor. After reviewing the waiver request, and after an on-site review, if applicable, the City Manager may either approve or deny the following waiver requests.

1. De Minimis Waivers: The City may waive a commercial business' obligation to comply with some or all the requirements of Section 8.18.080 and Section 8.18.100 if the commercial business meets the following requirements:

a. Submit an application specifying the type of waiver requested and provide documentation as described below.

b. Provide documentation that either:

i. The commercial business receives two or more cubic yards of weekly solid waste collection service, as defined in (iii), and disposed organic waste subject to collection comprises less than 20 gallons per week of the business' total weekly solid waste volume; or

ii. The commercial business receives less than two cubic yards of weekly solid waste collection service, as defined in (iii), and disposed organic waste subject to collection comprises less than ten gallons per week of the business' total weekly solid waste volume.

iii. For the purposes of subsections (i) and (ii) above, weekly solid waste collection service shall be the sum of weekly volume of the authorized solid waste container designated for garbage, volume of approved recycling container for recyclable material and volume of approved recycling container for organic waste, measured in cubic yards.

c. Notify the City Manager or designated contractor if circumstances change such that volume of commercial business' organic waste disposed exceeds threshold required for waiver, in which case waiver will be rescinded.

d. Provide written verification of eligibility for de minimis waiver every five years if the City Manager has approved de minimis waiver.

2. Physical Space Waivers: The City Manager may waive a generator's obligations to comply with some or all of the approved recycling collection program requirements if the City Manager has evidence from its own staff, authorized recycler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the approved recycling containers required for compliance. A generator may request a physical space waiver through the following process:

a. Submit an application form specifying the type(s) of collection services for which they are requesting a waiver from the approved recycling collection program.

b. Provide documentation that the premises lacks adequate space for the approved recycling container(s) including documentation from its authorized recycler, licensed architect, or licensed engineer.

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

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. Self-haulers, including landscapers and back-haulers, must source separate and transport organic waste to a solid waste disposal area, transfer or processing station authorized to process or recover source separated organic waste in a manner consistent with 14 CCR Sections 18984.1 or 18984.2

B. Self-haulers, including back-haulers, must source separate and transport recyclable materials to a facility that is authorized to process or recover those materials.

C. Self-haulers that are commercial businesses shall keep a record of the amount of organic waste delivered to each solid waste disposal area, transfer or processing station that is authorized to process or recover 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. 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.

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

(Ord. No. 1432 C.S., § II, 12/1/2021)

A. Tier one commercial edible food generators must comply with the requirements of this section January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 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 organization or food recovery service 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 City's designated contractor or designated enforcement agency to access the premises and review records pursuant to 14 CCR Section 18991.4.

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

b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

c. A record of the following information for each of those food recovery services or food recovery organization:

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

ii. The types of food that will be collected by or self-hauled to the food recovery services 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 services 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 Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 1432 C.S., § II, 12/1/2021)