Mountain View Municipal Code Div. 1 General Provisions

The City of Mountain View must comply with applicable regulations established by the state of California. Senate Bill 1383 (SB 1383), the Short-Lived Climate Pollutant Reduction Act, as enacted in 2017 (Lara, Chapter 395, Statutes of 2016), sets statewide organic waste disposal reduction targets of fifty (50) percent by 2020 and seventy-five (75) percent by 2025 and requires that not less than twenty (20) percent of edible food that is currently disposed be recovered for human consumption by 2025. SB 1383 requires jurisdictions, residential households, commercial businesses and their owners, commercial edible food generators, haulers, self-haulers, food recovery organizations and food recovery services to implement specific measures to achieve these organic waste disposal reduction goals. SB 1383's regulations require jurisdictions by January 1, 2022 to adopt and enforce a local ordinance or other enforceable mechanism to carry out relevant provisions of SB 1383's implementing regulations.

This chapter facilitates city compliance with regulations set forth by SB 1383; reduces organic material sent to landfill and increases participation by residents and businesses in the city's organics collection programs to help meet goals in the city's 2018 Zero Waste Policy and 2019 Zero Waste Plan; and reduces food insecurity in the community by ensuring surplus edible food feeds hungry people.

(Ord. No. 11.21, § 1, 12/14/21.)

Unless otherwise expressly stated, whenever used in this chapter, the following terms shall have the meanings set forth below:

a. "Blue container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source-separated recyclable materials or source-separated blue container organic waste.

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

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

d. "City" means the City of Mountain View.

e. "City enforcement official" means the city manager or authorized designee(s) who is/are partially or wholly responsible for enforcing or administering this chapter as authorized in 14 California Code of Regulations Section 18981.2.

f. "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 chapter.

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

h. "Community composting" means any activity that composts green material, agricultural material, food material and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4) or as otherwise defined by 14 CCR Section 18982(a)(8).

i. "Community composting operator" means an entity responsible for a community composting operation.

j. "Compliance review" means a review of records by the city enforcement official to determine compliance with this chapter.

k. "Compost" means the product resulting from the controlled biological decomposition of organic solid waste that is source-separated from the municipal solid waste stream, or which is separated at a centralized facility, or as otherwise defined in 14 California Code of Regulations Section 17896.2(a)(4).

l. "Compostable plastic bags" means only such plastic bags that meet the biodegradable products institute-certified ASTM D6400 standard for compostability or such bags that are approved by the city for placement in the green container.

m. "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).

n. "Construction and demolition debris" or "C&D debris" means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair or demolition operations on any pavement, house, commercial building or other structure.

o. "Designee" means an entity that the city contracts with or otherwise arranges to carry out or assist with any of the city's responsibilities for compliance with solid waste-related laws or regulations or administration or enforcement of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity or a combination of those entities.

p. "Dual-stream recycling" means a collection system with two (2) completely separate recycling material streams instead of comingling materials in one (1) container. For all dual-stream recycling services, dark blue lids or container bodies are used for source-separated organic waste (paper and cardboard) and light blue lids or container bodies for source-separated nonorganic recyclables (bottles, cans, metals, plastics and glass). Residential dwellings with individual service are provided split carts where the blue container is divided internally into two (2) compartments. Other residential dwellings are provided group (shared) carts with two (2) separate blue containers or shared bins with two (2) separate blue containers.

q. "Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter 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.

r. "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 chapter, 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 and/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 and/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 California Public Resources Code. Excluded waste does not include used motor oil and filters, household batteries and/or universal wastes when such materials are defined as allowable materials for collection through the city's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the city and/or its designee for collection services.

s. "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).

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

u. "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).

v. "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: (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; and, (c) a nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

w. "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 chapter and implementation of 14 CCR, Division 7, Chapter 12, pursuant to 14 CCR Section 18982(a)(7).

x. "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.

y. "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).

z. "Food-soiled paper" is 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.

aa. "Food waste" means food scraps, food-soiled paper, and compostable plastic bags.

bb. "Generator" means any person or entity whose act first causes solid waste to become subject to regulation under this chapter of the City Code or under federal, state or local laws or regulations.

cc. "Gray container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and which may be colored gray or black and shall be used for the purpose of storage and collection of gray container waste.

dd. "Gray container waste" means solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

ee. "Green container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source-separated green container organic waste.

ff. "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).

gg. "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).

hh. "Health facility" has the same meaning as in Section 1250 of the Health and Safety Code.

ii. "Hotel" has the same meaning as in Section 17210 of the Business and Professions Code.

jj. "Inspect" or "inspection" means the city enforcement official's electronic or on-site visit and review of records, containers and an entity's collection, handling, recycling or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

kk. "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. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

ll. "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. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one (1) large venue that is contiguous with other large venues in the site is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

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

nn. "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.

oo. "Noncompostable paper" includes, but is not limited to, paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

pp. "Nonlocal entity" means an entity that is an organic waste generator but is not subject to the control of the city or county regulations related to solid waste. These entities may include, but are not limited to, special districts, federal facilities, prisons, facilities operated by the state park system, public universities, including community colleges, county fairgrounds and state agencies.

qq. "Nonorganic recyclables" means nonputrescible and nonhazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

rr. "Notice of violation" 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.

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

tt. "Organic waste generator" 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).

uu. "Prohibited container contaminants" means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source-separated recyclable materials for the city's blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source-separated green container organic waste for the city's green container; (iii) discarded materials placed in the gray container that are acceptable source-separated recyclable materials and/or source-separated green container organic wastes to be placed in the city's green container and/or blue container; and (iv) excluded waste placed in any container.

vv. "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).

ww. "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 the purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants. Remote monitoring may involve the installation of remote monitoring equipment on or in commercial businesses' blue containers, green containers, and gray containers. A remote monitoring program may be implemented by the city, its designee and/or a commercial business at a later date, consistent with the terms of this chapter. Remote monitoring is not expected to be used for any residential premises.

xx. "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).

yy. "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).

zz. "SB 1383" means Senate Bill 1383 of 2016 approved by the governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7 and 39730.8 to the Health and Safety Code and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the 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.

aaa. "SB 1383 regulations" or "SB 1383 regulatory" means or refers to, for the purposes of this chapter, the short-lived climate pollutants, organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12, and amended portions of regulations of 14 CCR and 27 CCR.

bbb. "Self-hauler" means a person who hauls solid waste, organic waste or recyclable material one has generated 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 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).

ccc. "Share table" has the same meaning as in Section 114079 of the Health and Safety Code.

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

eee. "Solid waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as 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 semisolid wastes and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes: (a) hazardous waste, as defined in the State Public Resources Code Section 40141; (b) radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8, commencing with Section 114960, of Part 9 of Division 104 of the State Health and Safety Code); and, (c) medical waste regulated pursuant to the State Medical Waste Management Act (Part 14, commencing with Section 117600, of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State 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 State Public Resources Code.

fff. "Source-separated" means materials, including comingled 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 of 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 the chapter, "source-separated" shall include separation of materials by the generator, property owner, property owner's employee, property manager or property manager's employee into different containers for the purpose of collection such that source-separated materials are separated from gray container waste or other solid waste for the purposes of collection and processing.

ggg. "Source-separated blue container organic waste" means source-separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and nonorganic recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).

hhh. "Source-separated green container organic waste" means source-separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source-separated blue container organic waste, carpets, noncompostable paper and textiles.

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

jjj. "State" means the state of California.

kkk. "Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00) 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).

lll. "Tier one commercial edible food generator" means one of the following: (a) supermarket; (b) grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet; (c) food service provider; (d) food distributor; (e) wholesale food vendor. If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter. For purposes of this chapter, food recovery organizations and food recovery services are not tier one commercial edible food generators.

mmm. "Tier two commercial edible food generator" means the following: (a) restaurants with two hundred fifty (250) or more seats or a total facility size equal to or greater than five thousand (5,000) square feet; (b) hotels with an on-site food facility and two hundred (200) or more rooms; (c) health facilities with an on-site food facility and one hundred (100) or more beds; (d) large venues; (e) large events; (f) state agencies 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; and (g) local education agency facilities with on-site food facilities. If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter. Nonlocal entities that operate a facility that meets this definition are tier two commercial edible food generators. For the purposes of this chapter, food recovery organizations and food recovery services are not tier two commercial edible food generators.

nnn. "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 or prepared for distribution to a retailer, warehouse, distributor or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

(Ord. No. 11.21, § 1, 12/14/21.)

Single-family generators shall:

a. Subscribe to the city's organic waste collection services for all organic waste generated. The city enforcement official shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials. Single-family generators shall adjust the service level for its collection services as requested by the city enforcement official.

b. Participate in the city's organic waste collection service by placing designated materials in designated containers, as described below, and shall not place prohibited container contaminants in collection containers. Generators shall place source-separated green container organic waste, including food waste, in the green container; source-separated recyclable materials in the dual-stream recycling blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.

c. Nothing in this section prohibits an organic waste generator from additionally managing 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).

(Ord. No. 11.21, § 1, 12/14/21.)

Commercial business generators, including multi-family residential dwellings, shall:

a. Subscribe to the city's collection services and comply with requirements of those services for all organic waste generated except commercial businesses that meet the self-hauler requirements in Section 16.106 of this Code or meet the waiver requirements in Section 16.104 of this Code. The city enforcement official shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials. Commercial businesses shall adjust their service level for their collection services as requested by the city enforcement official.

b. Excluding commercial businesses that meet the self-hauler requirements in Section 16.106 of this Code or meet the waiver requirements in Section 16.104 of this Code, participate in the city's organic waste collection service by placing designated materials in designated containers as described below and shall not place prohibited container contaminants in collection containers generated. Commercial business organic waste generators shall place source-separated green container organic waste, including food waste, in the green container.

c. Excluding commercial businesses that meet the self-hauler requirements in Section 16.106 of this Code or meet the waiver requirements in Section 16.104 of this Code, commercial businesses shall place source-separated recyclable materials in the blue container and gray container waste in the gray container. Business generators subscribe to a comingled or mixed recycling service but may add a "cardboard only" container for source-separated cardboard or "container only" blue container for bottles and cans. Multi-family residential dwellings must subscribe to dual-stream recycling. Commercial business generators shall not place materials designated for the gray container into the green container or blue container.

d. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 16.103.D.1 and 16.103.D.2 of this Code) for employees, contractors, tenants and customers consistent with the city's blue container, green container and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 16.106.

e. Excluding multi-family residential dwellings, provide containers for the collection of source-separated green container organic waste and source-separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one (1) type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

1. A body or lid that conforms with the collection container colors provided through the collection service provided by the city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional collection containers, including collection 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 collection containers, or prior to January 1, 2036, whichever comes first; or

2. Container labels that include language or graphic images or both indicating the primary material accepted and the primary materials prohibited in that container or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container-labeling requirements are required on new containers commencing January 1, 2022.

f. Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in Section 16.103(d) pursuant to 14 CCR Section 18984.9(b).

g. Excluding multi-family residential dwellings, to the extent practical through education, training, inspection and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the city's blue container, green container and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 16.106 of this Code.

h. Excluding multi-family residential dwellings, periodically inspect blue containers, green containers and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

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

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

k. Provide or arrange access for the city enforcement official to their properties during all inspections conducted in accordance with Section 16.108 of this Code to confirm compliance with the requirements of this chapter.

l. Accommodate and cooperate with the city's remote monitoring program, if any, for inspection of the contents of containers for prohibited container contaminants, to evaluate the generator's compliance with Section 16.108.

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

n. If a commercial business wants to self-haul, the commercial business must meet the self-haul requirements in Section 16.106 of this chapter.

o. Nothing in this section prohibits a commercial business generator 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).

p. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with Section 16.110.

(Ord. No. 11.21, § 1, 12/14/21.)

a. De minimis waivers. The city enforcement official may waive the obligation of a commercial business (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below the threshold amounts of organic waste material as described in this section. Commercial businesses requesting a de minimis waiver shall:

1. Submit an application to the city enforcement official specifying the collection services for which it is requesting a compliance waiver and provide documentation as noted in the section below.

2. Provide documentation that either:

(a) Shows the total solid waste collection service of the commercial business 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 total waste of the commercial business; or

(b) Shows the total solid waste collection service of the commercial business 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 total waste of the commercial business.

For the purposes of this section, "total solid waste" shall be the sum of all weekly container capacity measured in cubic yards for the commercial business's blue containers, green containers and gray containers.

3. Notify the city enforcement official if circumstances change such that the commercial business's organic waste exceeds the threshold required for a waiver, in which case the waiver will be rescinded.

4. Provide written verification of eligibility for a de minimis waiver every five (5) years if the city enforcement official has approved a de minimis waiver.

b. Physical space waivers. The city enforcement official may waive a commercial business' or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city and/or its designee has evidence from its own staff, a hauler, licensed architect or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter. A commercial business requesting a physical space waiver shall:

1. Submit an application to the city enforcement official specifying the collection services for which it is requesting a compliance waiver.

2. Provide documentation that the premises lacks adequate space for blue containers and/or green containers, including documentation from its hauler, licensed architect or licensed engineer.

3. Notify the city enforcement official if the commercial business's physical space configurations change, in which case waiver may be rescinded.

4. Provide written verification to the city enforcement official that it is still eligible for physical space waiver every five (5) years if the city enforcement official has approved application for a physical space waiver.

(Ord. No. 11.21, § 1, 12/14/21.)

a. Requirements for disposal service operator:

1. The disposal service operator as defined in Section 16.1 providing residential, commercial or industrial organic waste collection services to generators within the city's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement or other authorization with the city to collect organic waste:

(a) The agreement with the disposal service operator will identify the facilities to which the disposal service operator will transport organic waste, including facilities for source-separated recyclable materials, source-separated green container organic waste and mixed waste.

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

2. The disposal service operator with authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting and other requirements contained within the disposal service operator's agreement entered into with the city.

3. Nothing in this section is applicable to the transport of source-separated organic waste to a community composting site in a manner otherwise consistent with law, or lawfully transporting C&D debris in a manner that complies with 14 CCR Section 18989.1 and the city's C&D debris chapter, codified at Chapter 16, Article III.

4. Self-haulers shall comply with the requirements of Section 16.106 of this Code.

b. Requirements for facility operators and community composting operations:

1. Facility operators. 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 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 shall, upon the city's request, 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.

(Ord. No. 11.21, § 1, 12/14/21.)

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

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

c. Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity or property that processes or recovers organic waste. This record shall be subject to inspection by the city. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the organic waste and/or source-separated recyclable materials.

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

3. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

d. Self-haulers shall, upon the city's request, provide the records collected pursuant to this section within sixty (60) days of such request.

e. A residential organic waste generator that self-hauls organic waste is not required to record or report information to the city.

(Ord. No. 11.21, § 1, 12/14/21.)

Mulch procured for the purpose of meeting the city's annual recovered organic waste product procurement target pursuant to 14 CCR Chapter 12 of Division 7 must meet the following requirements for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4):

a. Mulch must be produced at one of the following facilities:

1. A compost material-handling operation or facility as defined in 14 CCR Section 17852(a)(12) that is permitted or authorized under 14 CCR Division 7 other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10);

2. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or

3. A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.

b. Meet or exceed the physical contamination, maximum metal concentration and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5)(A)1 through 3.

(Ord. No. 11.21, § 1, 12/14/21.)

a. The city enforcement official is authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads or transfer, processing or disposal facility for materials collected from generators or source-separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food-recovery services, and food-recovery organizations, subject to applicable laws. this section does not allow the city enforcement official to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with Section 16.104 of this Code, the city enforcement official may conduct container inspections for prohibited container contaminants using remote monitoring, if such a program is adopted, and commercial business shall accommodate and cooperate with such remote monitoring pursuant to Section 16.103.l. of this Code.

b. Entities subject to Division 1 of this chapter shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city enforcement official during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, records review or observation to determine compliance with any other requirement of this chapter described herein. Failure of the regulated entity to provide or arrange for: (1) access to the premises; (2) installation and operation of remote monitoring equipment, if remote monitoring is implemented; or (3) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Sections 16.109 and Chapter I, Article II of this Code.

c. Any records obtained by the city enforcement official during 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 Government Code Section 6250, et seq.

d. The city enforcement official 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.

e. The city shall accept written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations and this chapter, including anonymous complaints.

(Ord. No. 11.21, § 1, 12/14/21.)

a. For the period from January 1, 2022 through December 31, 2023, the city enforcement official will conduct inspections, remote monitoring (if such a program is adopted), route reviews, compliance reviews and investigation of complaints, depending upon the type of regulated entity, to determine compliance with requirements of Division 1 of this chapter. If the city enforcement official determines that an organic waste generator, self-hauler, disposal service operator, as defined in Section 16.1, or other entity is not in compliance, the city enforcement official shall provide educational materials to the entity describing its obligations under Chapter 16, Article VI of this Code and that violations may be subject to administrative citations, fines, civil penalties or other remedies beginning on January 1, 2024.

b. Beginning January 1, 2024, any organic waste generator, self-hauler, disposal service operator or other entity violating or failing to comply with any requirement of this article may be subject to enforcement and penalties pursuant to Chapter 1 of the City Code.

c. Violation of this Division 1 shall be deemed to constitute a public nuisance subject to all applicable civil, administrative and criminal remedies and penalties according to the provisions and procedures contained in this Division 1 and state law including, but not limited to, an action for abatement or injunctive relief.

d. The remedies and penalties provided by this Division 1 are cumulative and in addition to any other remedies available at law or in equity.

e. The city enforcement official will monitor compliance with Chapter 16, Article VI, Division 1, of this Code through compliance reviews, route reviews, investigation of complaints and an inspection program (that may include remote monitoring, if such a program is adopted).

f. The city enforcement official may issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.

(Ord. No. 11.21, § 1, 12/14/21.)