Maywood Municipal Code Art. 5 Mandatory Organic Waste Disposal Reduction

For the purposes of this article, the following words, terms, phrases, and their derivations have the meanings given herein. Terms not defined in this section and defined elsewhere in this Code shall have the same meanings herein unless the context otherwise requires. In the event of a conflict between a definition in this Code and a definition in 14 CCR Section 18982, the definitions in Section 18982 shall control for the purposes of this article. Additionally, for the purposes of this article, the definitions in 14 CCR Section 18982 shall control for terms used in this article and not defined in this Code. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded and replaced from time to time.

"Blue container" has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of source separated recyclable materials. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022, that are used for the storage and collection of source separated recyclable materials and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) shall be deemed to be blue containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.

"CalRecycle" means the California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing the SB 1383 Regulations on the City (and others).

"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this article are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of the CCR).

"City" means the City of Maywood.

"City Manager" means the City Manager of the City or his/her designee.

"Collector" means an individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing collection services and operating under the provisions of a franchise or collection agreement approved by the City Council of the City authorizing the exclusive or non-exclusive right to provide solid waste, including recycling services and organic waste, services.

"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 residential dwelling; or, as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five (5) units is not a commercial business for purposes of implementing this article.

"Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined herein. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

"Compliance review" means a review of records by the City to determine compliance with this article.

"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 (1) time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined in 14 CCR Section 18982(a)(8).

"Compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility; or, as otherwise defined in 14 CCR Section 17896.2(a)(4).

"Compostable plastics" means plastic materials that meet the ASTM D6400 standard for compostability; or, as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

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

"County" means the County of Los Angeles.

"C&D" means construction and demolition debris including discarded materials generally considered to be not water soluble and non-hazardous in nature, including, but not limited to, steel, copper, aluminum, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project; and remnants of new materials, including, but not limited to, cardboard, paper, plastic, wood, and metal scraps from any construction and/or landscape project.

"Designee" means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this article as authorized in 14 CCR Section 18981.2; or, as otherwise defined in 14 CCR Section 18982(a)(15). A designee may be a government entity, a collector, a hauler, a private entity, or a combination of those entities.

"Edible food" means food intended for human consumption; or, as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this article 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 article 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" means an action of the City to address non-compliance with this article including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies; or, as otherwise defined in 14 CCR Section 18982(a)(19).

"Enforcement official" means the City Manager, chief operating officer, executive director, Regional or County Agency Enforcement Official, or other executive in charge or the City's authorized designee who is/are partially or wholly responsible for enforcing this article.

"Excluded waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in class III landfills or accepted at the facility by permit conditions, waste that in the City's Enforcement Official's or its designee's, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the Public Resources Code.

"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 Section 18982(a)(22).

"Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.

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

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

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

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

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

A food recovery organization is not a commercial edible food generator for the purposes of this article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"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 Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"Food scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

"Food service provider" 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).

"Food-soiled paper" means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

"Food waste" means food scraps, food-soiled paper, and compostable plastics.

"Generator" means a person or entity that is responsible for the initial creation of solid waste, and with respect to organic waste, means a person or entity that is responsible for the initial creation of organic waste; or, as otherwise defined in 14 CCR Section 18982(a)(48).

"Gray container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of mixed waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022, that are used for the storage and collection of mixed waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28), shall be deemed to be gray containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.

"Green container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022, that are used for the storage and collection of source separated green container organic waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) shall be deemed to be green containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.

"Green waste" means leaves, grass, weeds, landscape and pruning waste, and wood materials from trees and shrubs and similar materials.

"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 Section 18982(a)(30).

"Hauler" means a person or entity who collects material from a generator and delivers it to a reporting entity, end user, or a destination outside of the State. "Hauler" includes collectors, public contract haulers, food waste self-haulers, and self-haulers. A person who transports material from a reporting entity to another person is a transporter, not a hauler.

"Hauler route" means the designated itinerary or sequence of stops for each segment of the City's collection service area; or, as otherwise defined in 14 CCR Section 18982(a)(31.5).

"High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty (50%) percent between January 1, 2022 and December 31, 2024, and seventy-five (75%) percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

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

"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event; or, as otherwise defined in 14 CCR Section 18982(a)(38).

"Large venue," means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility; or, as otherwise defined in 14 CCR Section 18982(a)(39). For purposes of this article 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 article and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one (1) large venue that is contiguous with other large venues in the site, is a single large venue.

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

"Mixed waste" or "mixed waste organic collection stream" means organic waste, including food waste, collected in a container that is required by 14 CCR Section 18984.1, 18983.2 or 18984.3 to be taken to a high diversion organic waste processing facility; or, as otherwise defined in 14 CCR Section 17402(a)(11.5).

"Multi-family residential dwelling" or "multi-family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

"Non-compostable paper" includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process; or, as otherwise defined in 14 CCR Section 18982(a)(41).

"Non-organic recyclables" means non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics and glass; or, as otherwise defined in 14 CCR Section 18982(a)(43).

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

"Organic waste" means solid waste 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). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

"Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or, as otherwise defined in 14 CCR Section 18982(a)(51).

"Printing and writing paper" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or, as otherwise defined in 14 CCR Section 18982(a)(54).

"Prohibited container contaminants," means the following unless otherwise defined in 14 CCR Section 18982(a)(55):

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

(2) Discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the green container, including carpet, hazardous wood waste and non-compostable paper;

(3) Discarded materials placed in the gray container that are identified as acceptable source separated recyclable materials to be placed in the blue container and/or source separated green container organic waste to be placed in the green container; and,

(4) Excluded waste placed in any container.

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

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

"Regional agency" means regional agency as defined in Public Resources Code Section 40181.

"Regional or County Agency Enforcement Official" means a Regional Agency or county agency enforcement official, which the City may designate with responsibility for enforcing the ordinance in conjunction or consultation with the City's Enforcement Official.

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

"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption; or, as otherwise defined in 14 CCR Section 18982(a)(64).

"Route review" means a visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras; or, as otherwise defined in 14 CCR Section 18982(a)(65).

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

"SB 1383 Regulations" means the short-lived climate pollutants: organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of 14 CCR and 27 CCR.

"Self-hauler" means a person or entity, who, in compliance with all applicable requirements of this article, hauls solid waste, organic waste or recyclable materials he or she has generated to another person or entity, provided such hauling is undertaken through the use of the person or entity's own equipment and employees and does not include the contracting or subcontracting of hauling services with any third party, including, but not limited to, any hauler that is not franchised, licensed, or permitted to perform any variety of solid waste handling services within the city; or, as otherwise defined in 14 CCR Section 18982(a)(66). Self-hauler also includes a person or entity who back-hauls waste. Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment; or, as otherwise defined in 14 CCR Section 18982(a)(66)(A).

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

"Solid waste" unless otherwise defined in State Public Resources Code Section 40191, means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

(1) Hazardous waste, as defined in the Public Resources Code Section 40141.

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

(3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 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 Section 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.

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

"Source separated blue container organic waste" means source separated organic waste that can be placed in a blue container that is limited to the collection of that organic waste and non-organic recyclables; or, as otherwise defined by 14 CCR 17402(a)(26.7) and 18982(a)(43) or specified in 14 CCR Section 18984.1 (a) and (b) or Section 18984.2 (a)(2). Source separated blue container organic waste includes paper products, printing and writing paper, wood and dry lumber and textiles unless otherwise specified by the City but excludes source separated green container organic waste.

"Source separated green container organic waste" means source separated organic waste that can be placed in a green container, including green waste, that is limited to the collection of that organic waste; or as otherwise specified in 14 CCR 18984.1 (a) and (b), and excludes food waste and source separated blue container organic waste, carpets, non-compostable paper, and textiles.

"Source separated recyclable materials" means source separated non-organic recyclables and source separated blue container organic waste.

"State" means the State of California.

"Supermarket" means a full-line, self-service retail store with gross annual sales of Two Million and no/100ths ($2,000,000.00) 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 Section 18982(a)(71).

"Tier one commercial edible food generator" means a commercial edible food generator that is one (1) of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73):

(1) Supermarket;

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

(3) Food service provider;

(4) Food distributor; or,

(5) Wholesale food vendor.

"Tier two commercial edible food generator" means a commercial edible food generator that is one (1) of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73):

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

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

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

(4) Large venue;

(5) Large event;

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

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

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

(Ord. No. 21-03, § 1, 12-8-2021)

Generators, commercial edible food generators, food recovery organizations, food recovery services, haulers, and owners of facilities, operations and activities that recover organic waste are subject to SB 1383 and the SB 1383 Regulations. The foregoing shall fully comply with all applicable requirements of SB 1383, SB 1383 Regulations, this article, and any collection agreement in effect. In the event of a conflict between the provisions of this article and other provisions of this Code, the provisions of this article shall control. In the event of a conflict between the provisions of the SB 1383 Regulations and the provisions of this article, the SB 1383 Regulations shall control.

(Ord. No. 21-03, § 1, 12-8-2021)

Single-family generators shall comply with the following requirements, except single-family generators that meet the self-hauler requirements of this Code:

(a) Subscribe to, and be automatically enrolled in, the City's three-container (gray container, green container, and blue container) collection services for mixed waste, source separated green container organic waste, and source separated recyclable materials as described below in Section 6-2.503 (b). The City shall have the right to review the number and size of a generator's containers to evaluate adequacy of container capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust their service level for their collection services as requested by the City.

(b) Participate in the City's three-container collection services by placing designated materials in designated containers as described in this paragraph, and not place prohibited container contaminants in collection containers. Generators shall place only source separated green container organic waste in the green container; only source separated recyclable materials in the blue container; and all other solid waste (including mixed waste and food waste) except excluded waste, in the gray container.

(c) Nothing in this section prohibits single-family generators from preventing or reducing waste generation, managing organic waste on site and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(Ord. No. 21-03, § 1, 12-8-2021)

(a) Except commercial businesses, including multi-family residential dwellings, that meet the self-hauler requirements of this Code, generators that are commercial businesses, including multi-family residential dwellings, shall comply with the following requirements:

(1) Subscribe to, and be automatically enrolled in the City's three-container (gray container, blue container and green container) collection services for mixed waste, source separated green container organic waste, and source separated recyclable materials and comply with requirements of those services as described in subsection (a)(2) of this section. The City shall have the right to review the number and size of a generator's containers, the type of collection service, and frequency of collection to evaluate adequacy of container capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses, including multi-family residential dwellings, shall adjust their service level for their collection services as requested by the City.

(2) Participate in the City's three-container collection services by placing designated materials in designated containers as described in this paragraph, and not placing prohibited container contaminants in collection containers. Generators shall place only source separated green container organic waste in the green container; only source separated recyclable materials in the blue container; and all other solid waste(including mixed waste and food waste) except excluded waste, in the gray container.

(b) Except for multi-family residential dwellings, generators that are commercial businesses, shall comply with the following requirements:

(1) Provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers shall be adjacent to disposal containers and visible and easily accessible. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one (1) type of container, as demonstrated through an approved de minimis waiver per Section 6-2.505, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the commercial business shall have either:

a. A body or lid that conforms with the container colors provided through the collection service provided by the City. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this 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; or, as otherwise provided in 14 CCR Section 18984.8.

(2) Prohibit employees from placing materials in a container not designated for those materials per the City's collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program in accordance with Section 6.2-509.

(3) Periodically inspect blue containers, gray containers, and green 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 Section 18984.9(b)(3).

(c) All generators that are commercial businesses, including multi-family residential dwellings, shall comply with the following requirements.

(1) Provide or arrange for collection services consistent with this article for employees, contractors, tenants, and customers and supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors conforming to subsection(b)(1) of this section for employees, contractors, tenants, and customers, consistent with the City's collection service and Article 3 of Chapter 12 of Division 7 of Title 14 of the CCR; or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 6-2.509.

(2) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated recyclable materials, and source separated green container organic waste.

(3) Provide information as described in subsection (c)(2) of this section before or within fourteen (14) days of occupation of the premises to new tenants.

(4) Provide or arrange access for the City or its agent to their properties during all inspections conducted in accordance with Section 6.2-511 to confirm compliance with the requirements of this article.

(5) Accommodate and cooperate with the City's remote monitoring program, if applicable, for inspection of the contents of containers for prohibited container contaminants to evaluate generator's compliance.

(6) If generating two (2) cubic yards or more of total solid waste per week (or other threshold defined by the State), require that any contract or work agreement between the owner, occupant, or operator of the commercial business and a gardening or landscaping service specify that the organic waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the Public Resources Code.

(d) Generators that are commercial businesses, including multi-family residential dwellings, may receive waivers pursuant to Section 6-2.505 for some requirements of this section.

(e) If a commercial business wants to self-haul, meet the self-hauler requirements of this Code, including Section 6.2-509.

(f) Nothing in this section prohibits generators that are commercial businesses, including multi-family residential dwellings, from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(g) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 6.2-506.

(Ord. No. 21-03, § 1, 12-8-2021)

(a) The City, at its discretion and in accordance with 14 CCR Section 18984.11 or as otherwise authorized by CalRecycle, may grant one (1) or more of the following types of waivers to a generator of organic waste.

(1) De minimis waivers. The City may waive a commercial business' (including multi-family residential dwellings) obligations to comply with some or all of the organic waste requirements of this article if the commercial business provides documentation, or the City has evidence demonstrating, that the commercial business meets one (1) of the following criteria:

a. The commercial business' total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty (20) gallons per week per applicable container of the business' total waste; or,

b. The commercial business' total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten (10) gallons per week per applicable container of the business' total waste.

(2) Physical space waivers. The City may waive a commercial business', including multi-family residential dwellings, or property owner's obligations to comply with some or all of the recyclable materials and/or organic waste collection service requirements of this article if the City has evidence from its own staff, a collector, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of this article.

(b) Review and approval of waivers.

(1) Commercial businesses, including multi-family residential dwellings, requesting a waiver shall submit a completed application form to the City for a waiver specifying the waiver type requested, type of collection services for which they are requesting a waiver, the reason for such waiver, and documentation supporting such request. Commercial businesses, including multi-family residential dwellings who so request a waiver shall reapply to the City for a waiver upon the expiration of the waiver period and shall submit any required documentation, and/or fees/payments as required by the City. Failure to submit a completed application shall equate to an automatic denial of said application.

(2) Upon waiver approval, the City shall specify the duration for which the waiver is valid.

(3) A waiver holder shall notify City if circumstances change such that such waiver holder may no longer qualify for the waiver granted, in which case a waiver will be rescinded.

(4) Any waiver holder must cooperate with the City for any on-site assessment of the appropriateness of the waiver.

(5) The City shall revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable.

(Ord. No. 21-03, § 1, 12-8-2021)

(a) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply with the requirements of this section 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 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 City's designated enforcement entity or designated third party enforcement entity to access the premises and review records kept 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 food recovery 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 organizations:

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

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

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

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

(d) No later than February 1 of each year commencing on February 1, 2023, for tier one commercial edible foods generators and on February 1, 2025, for tier two commercial edible food generators, commercial edible food generators shall provide a food recovery report to the City that includes the following information:

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

(2) The quantity of food, measured in annual pounds recovered, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

(3) The name, address and contact information of the food recovery service or food recovery organization.

(4) Any additional information required by the City or the City's designee.

(e) Nothing in this article 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 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 amended Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time.

(Ord. No. 21-03, § 1, 12-8-2021)

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

(d) Food recovery organizations and food recovery services that have their primary address physically located in the City and contract with or have written agreements with one (1) or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the City 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 Section 18991.3(b) no later than February 1 of each year, commencing in 2022.

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

(Ord. No. 21-03, § 1, 12-8-2021)

(a) Requirements for haulers. Haulers, including collectors, permitted haulers, and licensed haulers providing residential, commercial, or industrial organic waste collection services and/or and source separated recyclable materials collection services to generators within the City's boundaries shall meet the requirements of 14 CCR Division 7, Chapter 12 and the following requirements as conditions of approval of a contract, agreement, or other authorization with the City to collect organic waste:

(1) Through written notice to the City annually on or before January 31, identify the facilities to which they will transport organic waste, including facilities for source separated recyclable materials, source separated green container organic waste and mixed waste.

(2) Comply with the applicable requirements of 14 CCR, Division 7, Chapter 12, Article 3.

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

(4) Obtain applicable approval of the City pursuant to 14 CCR Section 18988.1 and keep a record of the documentation of its approval by the City.

(b) Haulers, including any collector, permitted hauler, and licensed hauler, authorized to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license or other agreement approved by the City Council of the City or granted or issued by the City.

(c) Except as otherwise specified in an applicable franchise or collection agreement, all haulers, including permitted haulers and licensed haulers, shall provide the City with quarterly reports on the dates described in subsection (d) of this section of the amount of organic waste and source separated recyclable materials delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste or source separated recyclable materials. This report shall include the following information:

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

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

(3) Notwithstanding subsections (c)(1) and (c)(2) of this section, if the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the hauler's vehicle in a manner that allows it to determine the weight of materials received, the hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

(4) The location of the facilities to which the organic waste and/or source separated recyclable materials were taken during the previous quarter.

(d) The quarterly reporting periods described in subsection 6-2.508(c) shall be as follows:

(e) Subsections (a)—(d) of this section are not applicable to a hauler that is transporting source separated organic waste, consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the Public Resources Code, to a community composting site or that is lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and applicable requirements of this Code.

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

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

(2) Community composting operators, upon the City's request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within sixty (60) days, unless a shorter timeframe is otherwise specified by the City.

(Ord. No. 21-03, § 1, 12-8-2021)

In addition to any other requirements for self-haulers contained in this Code:

(a) Self-haulers of organic waste shall comply with the requirements in 14 CCR Section 18988.3.

(b) Self-haulers shall source separate all recyclable materials and organic waste generated on-site from solid waste in a manner consistent with 14 CCR Section 18984.1(a), or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

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

(d) Self-haulers that are commercial businesses (including multi-family residential dwellings) shall complete and retain on-site a self-hauling form certifying that all self-hauling activities will be completed in accordance with this article or any other applicable law or regulation. A copy of such form shall be submitted to the City and updated annually with business license renewals and shall be available to the City upon request.

(e) Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of and provide the City with quarterly reports on the dates described in subsection 6-2.509(f) of the amount of organic waste and source separated recyclable materials delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste or source separated recyclable materials. The records and reports shall include the following information:

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

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

(3) Notwithstanding subsection (e)(1) and (e)(2) of this section, 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, and report on, the entities that received the organic waste.

(4) The location of the facilities to which the organic waste and/or source separated recyclable materials were taken during the previous quarter.

(f) The quarterly reporting periods described in Section 6-2.509(e) shall be as follows:

(g) A single-family organic waste generator that self-hauls organic waste is not required to record or report information in subsections (e) and (f) of this section.

(Ord. No. 21-03, § 1, 12-8-2021)

Direct service providers to the City and all vendors providing paper products and printing and writing papers must comply with the City's policy regarding recovered organic waste product procurement, including recycled-content paper procurement.

(Ord. No. 21-03, § 1, 12-8-2021)

(a) City representatives or the City's designee, including a collector, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this article by generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the City, its designees or agents to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with this article, the City may conduct container inspections, including using remote monitoring, for prohibited container contaminants.

(b) A regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the City representative, the City's designee or collector during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this article described herein. Failure to provide or arrange for:

(1) Access to an entity's premises;

(2) Installation and operation of remote monitoring equipment; or,

(3) Access to records for any inspection or investigation is a violation of this article and may result in penalties described herein.

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

(d) The City representative, the City's designees, a collector and agents are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this article, subject to applicable laws.

(e) The city shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints in accordance with 14 CCR Section 18995.3.

(Ord. No. 21-03, § 1, 12-8-2021)

(a) Violation of any provision of this article shall constitute grounds for issuance of a notice of violation and assessment of a fine by the enforcement official. Enforcement actions under this article are issuance of an administrative citation and assessment of a fine. The city's procedures on imposition of administrative fines set forth in Chapter 2 of Title 1 of this Code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this article and any rule or regulation adopted pursuant to this article, except as otherwise indicated in this article.

(b) Enforcement pursuant to this article may be undertaken by the enforcement official.

(c) Process for enforcement.

(1) City enforcement officials and/or designee will monitor compliance with the chapter through compliance reviews, route reviews, investigation of complaints, and an inspection program. City enforcement officials and/or their designee may also monitor compliance with the chapter randomly. Section 6-2.511 City code establishes city's right to conduct inspections and investigations.

(2) For incidences of prohibited container contaminants found in containers, city or its designee will issue an informational notice of contamination to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within fifteen (15) days after determining that a violation has occurred. If the City or its designee observes prohibited container contaminants in a generator's containers on more than two (2) consecutive occasion(s), the City or the City's designee may assess contamination processing fees or the City may assess contamination penalties on the generator.

(3) With the exception of violations of contamination of container contents, City shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.

(4) Absent compliance by the respondent within the deadline set forth in the notice of violation, City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 1.24 and 1.28 of this Code.

Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the County Assessor or if no such address is available, to the owner at the address of the multi-family residential dwelling or commercial business, depending upon available information.

(d) Penalty amounts for types of violations. For the purposes of this article, the penalty levels for violations of the provisions are as follows:

(1) For a first violation, the amount of the base penalty shall be One Hundred and no/100ths ($100.00) Dollars per violation.

(2) For a second violation, the amount of the base penalty shall be Two Hundred and no/100ths ($200.00) Dollars per violation.

(3) For a third or subsequent violation, the amount of the base penalty shall be Five Hundred and no/100ths ($500.00) Dollars per violation.

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

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

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

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

(f) Appeals. Administrative citations or fines imposed under this Article may be appealed pursuant to Section 1-4.01.

(Ord. No. 21-03, § 1, 12-8-2021)