Chapter 6.06 — STATE MANDATED MUNICIPAL SOLID WASTE DIVERSION PROGRAMS

The City Council finds and declares that the regulations contained in this chapter are necessary and appropriate to protect the health, safety and welfare of the citizens of the City by providing minimum standards for the safe and sanitary collection, storage, and transportation of solid waste, food scraps, green waste, wood and recyclable materials generated within the City and the diversion of food scraps, green waste, wood and recyclable materials from the landfill. (Ord. 2021-25 § 2 (Exh. B), 2021)

For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms defined in Chapter 6.04 shall have the same meanings herein unless expressly defined in this chapter. Any undefined term shall have the same meaning as that term is defined in the City’s agreement(s) with solid waste haulers for the disposal of residential and commercial municipal solid waste and divertible materials and Chapter 3 of Title 14 of the California Code of Regulations. In the event of any inconsistency between the definitions in the City’s agreement(s) and the California Code of Regulations, the City’s agreement(s) with solid waste haulers for the disposal of residential municipal solid waste and divertible materials shall apply. 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.

“AB 341 dirty materials recovery facility” or “AB 341 dirty MRF” means a facility, or that certain portion of a facility, that processes municipal solid waste to separate recyclable materials for sale to end users.

“AB 341 generator” means all municipal solid waste generators required by AB 341 to divert recyclable materials generated on site from disposal, including: (1) all businesses located and operating within the City, and the responsible parties, property owners, owners, operators, property managers, tenants and lessees of same, that generate four or more cubic yards of municipal solid waste per week; including, but not limited to, retail stores, restaurants, offices, supermarkets, convenience stores, malls, strip malls, service businesses, hospitals, assisted living facilities, and Federal, State and local government facilities; (2) multifamily residential dwellings consisting of five units or more regardless of the amount of municipal solid waste generated; (3) the City, its facilities, and its nonresidential properties; and (4) special events that take place within the City that generate four or more cubic yards of municipal solid waste per event, whether or not sponsored by the City.

“Alternative daily cover” or “ADC” means cover material other than earthen material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day to control vectors, flies, fires, odors, blowing litter and scavenging.

“CalRecycle” means the California Department of Resources Recycling and Recovery or any successor agencies.

“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 multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.

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City of Newport Beach, CA § 6.06.010 HEALTH AND SANITATION § 6.06.010

“Commercial edible food generator” means a tier one commercial edible food generator or tier two commercial edible food generator or as otherwise defined in 14 CCR Sections 18982(a)(73) and (a)(74). For 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).

“Compost appliance” means an enclosed on-site device that utilizes aerobic microbial digestion of food scraps.

“Construction and demolition debris” and/or “C&D” means all inert material of every nature, description or kind, which has resulted from the building or demolition of a structure, pavements, sidewalks, curbs, gutters and other concrete structures, including all lumber scraps, shingles, plaster, sheetrock, packaging, rubble, brick, stone, concrete, asphalt, dirt, rock and other building materials.

“Container” means any object designed and used to hold or store municipal solid waste, recyclable materials, food scraps, green waste, or construction and demolition debris. “Container” includes, but is not limited to, carts, bins, open top roll-off boxes, and compactors.

“Contamination” means materials which are not specified for collection in particular carts or for processing at any processing facility and which would either interfere with such processing or reduce the quality and value of recovered materials. For example, metals and plastics constitute “contamination” if placed in a cart designated for food scraps and green waste. Tree trimmings constitute “contamination” if placed in a cart designated for recyclable materials. Contamination of municipal solid waste means the presence of divertible materials in the cart designated for municipal solid waste such as recyclable materials, food scraps, and/or yard trimmings.

“Director” means the Director of the Municipal Operations Department.

“Diversion” or “divert” means any combination of recycling, sorting, composting and/or other processing activities conducted at a clean materials recovery facility, a compost facility, an anaerobic digestion facility, a bioengineered feedstock facility, a construction and demolition debris processing facility or another City-approved processing facility in order to prepare, use and/or market the materials for reuse, remanufacture, reconstitution or otherwise return the materials to the economic marketplace and to prevent the materials from being disposed of in a landfill.

“Divertible materials” or “divertible” means recyclable materials, food scraps, green waste, wood, construction and demolition debris, food soiled paper if directed by the City, electronic waste, universal waste, and all other materials that may be diverted from landfill disposal and includes, but is not limited to, all materials required to be diverted from landfill disposal by the City, CalRecycle or any State or Federal agency.

“Edible food for human consumption” or “edible food” means food that has been prepared but not served, and includes but is not limited to: any appetizer, soup, salad, entree, dessert, raw fruit and vegetables that may or may not have been sliced, grated, cooked, baked or otherwise prepared for consumption but not served; any packaged sandwich, salad, fruit and fruit salad; and other nonserved food that meets State and local requirements as being edible for human consumption.

“Food distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.

“Food facility” shall have the same meaning as that term is defined in California Health and Safety Code Section 113789.

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City of Newport Beach, CA § 6.06.010 NEWPORT BEACH CODE § 6.06.010

“Food recovery” shall have the same meaning as that term is defined in 14 CCR Section 18982(a)(24).

“Food recovery organization” means an entity that collects or receives edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to, a: (1) food bank as defined in California Health and Safety Code Section 113783; (2) nonprofit charitable organization as defined in California Health and Safety Code Section 113841; and (3) nonprofit charitable temporary food facility as defined in California Health and Safety Code Section 113842. For purposes of this chapter, a food recovery organization is not a commercial edible food generator.

“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. For purposes of this chapter, a food recovery service is not a commercial edible food generator.

“Food scraps” means discarded material resulting from the production, processing, preparation or cooking of food for human consumption that is separated from municipal solid waste and includes surplus or unsold edible food, raw food left over after food preparation, leftover cooked food, as well as spoiled food such as vegetables, culls, and plate scrapings. “Food scraps” includes food from food facilities as defined in California Health and Safety Code Section 113789, food processing establishments (as defined in California Health and Safety Code Section 111955), grocery stores, farmers’ markets, institutional cafeterias (such as schools, hospitals and assisted living facilities), restaurants, and residential food scraps. For purposes of this chapter, “food scraps” does not include edible food for human consumption that is donated or sold or foodsoiled paper.

“Food service provider” shall have the same meaning as that term is defined in 14 CCR Section 18982(a)(27).

“Food soiled paper” means paper towels, tissue products, paper napkins, paper plates and cups, coffee filters, tea bags, waxed paper, butcher paper, paper take-out boxes and containers, greasy pizza boxes, paper bags, cardboard and wax-coated card-board produce boxes that are contaminated with food scraps. For purposes of this chapter, “food soiled paper” does not include aluminum foil, foil-lined wrap, plastic wrap, polystyrene, expanded polystyrene or diapers.

“Generator” means an AB 341 generator or SB 1383 generator.

“Grocery store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruit 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).

“Large event” means an event that charges an admission price, or is operated by a local agency, and serves an average of two thousand (2,000) or more individuals per day of operation of the event, at a location including, but 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.

“Large venue” means a permanent venue facility that annually seats or serves an average of two thousand (2,000) or more individuals per day of operation of the venue facility. For purposes

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City of Newport Beach, CA § 6.06.010 HEALTH AND SANITATION § 6.06.010

of this chapter, 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, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply.

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

“Multifamily residential dwelling” or “multifamily” means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

“Municipal solid waste” or “MSW” means putrescible and nonputrescible solid and semisolid wastes generated in or upon, related to the occupancy of, remaining or emanating from any premises within City including, but not limited to, garbage, trash, rubbish, refuse, ashes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes. For purposes of this chapter, “municipal solid waste” does not include recyclable materials, food scraps, green waste, wood waste or construction and demolition debris which shall be separated and segregated from municipal solid waste for diversion and/or (1) hazardous waste or household hazardous waste, (2) low-level radioactive waste regulated under California Health and Safety Code Section 114960 et seq., or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, California Health and Safety Code Section 117600 et seq.

“Permitted processing facility” means a processing facility for diverted materials that holds all required Federal, State, and local permits and is operating in accordance with all permit requirements including, but not limited to, materials recovery facilities (clean MRFs), mixed waste processing materials recovery facilities (dirty MRFs), composting facilities, anaerobic digestion facilities, publicly owned treatment works that accept food scraps and/or bioengineered feedstock for digestion, and processing facilities for construction and demolition debris.

“Recyclable materials” shall have the same meaning as that term is defined in Section 6.04.020.

“Responsible party” means property owners, business owners, property managers, property management firms and business managers as well as the person(s) that subscribes to and pays for municipal solid waste and/or divertible materials collection service for a premises or business located within the City, or that otherwise arranges for removal of municipal solid waste and/ or divertible material from the business premises and that has the legal authority to compel generators to comply with the requirements of this chapter.

“SB 1383 generator” means all entities that generate food scraps, green waste, wood and other material that can be collected, recovered, and recycled into new products including compost, biofuel, or electricity, as codified in California Public Resources Code Section 42652, in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

“Self-hauler” means a person, who transports municipal solid waste, food scraps, green waste and/or recyclable materials by the person who generated the municipal solid waste, food scraps, green waste and/or and/or recyclable materials, or by the owner or manager of a premises at which the materials and/or municipal solid waste were generated to another person. Self-

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City of Newport Beach, CA § 6.06.010 NEWPORT BEACH CODE § 6.06.020

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 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 units.

“Special event” means a temporary gathering for a specific event or purpose such as concerts, fairs, festivals, swap meets, athletic events, boat shows, fireworks displays, and outdoor weddings, which requires a Level 2 or Level 3 City permit pursuant to Chapter 11.03.

“Tier one commercial edible food generator” means a commercial edible food generator that is a supermarket, grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet, food service provider, food distributor, or 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.

“Tier two commercial edible food generator” means a commercial edible food generator that is a 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; hotel with an onsite food facility and one hundred (100) or more beds; health facility with an on-site food facility and one hundred (100) or more beds; large venue; large event; 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 local education agency facility with an on-site food facility.

“Wholesale food vendor” shall have the same meaning as that term is defined in 14 CCR Section 18982(a)(76).

“Wood waste” or “wood” means all nonhazardous wood material that is not painted with lead- based or other paints containing materials identified as hazardous, or treated with creosote or other hazardous materials and includes, but is not limited to, tree branches and other wood trimmings, dimensional lumber and other pieces of wood generated during the manufacture or processing of wood products, and the wood debris from construction and demolition activities. (Ord. 2021-25 § 2 (Exh. B), 2021; Ord. 2023-22 § 377, 2023; Ord. 2025-37, 1/13/2026)

A. An AB 341 generator shall divert all recyclable materials generated at their premises by one or more of the following methods, and shall fully participate in the method(s) selected:

1. Separate all recyclable materials from other municipal solid waste and subscribe to a
recyclable materials collection service a minimum of once a week from a City-
authorized franchisee and fully participate in the diversion program provided by the
franchisee;

2. Separate recyclable materials from other municipal solid waste; and

a. Self-haul the recyclable materials to a permitted recycling center or a permitted
processing facility for diversion; or

b. Donate or sell the recyclable materials to a recycling business that collects and/
or accepts the materials for recycling as described in Section 12.63.150(B); and/
or

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City of Newport Beach, CA § 6.06.020 HEALTH AND SANITATION § 6.06.040

3. Subscribe to a recycling service offered by a City-authorized franchisee that uses a
City-approved AB 341 dirty MRF to separate recyclable materials from other
municipal solid waste that yields diversion results comparable to source separation.

B. For purposes of this section, to be considered as fully participating while utilizing a City-
authorized franchisee, an AB 341 generator shall comply with all requirements in Section

uses a City-approved AB 341 dirty MRF to separate recyclable materials from other municipal solid waste that yields diversion results comparable to source separation. (Ord. 2021-25 § 2 (Exh. B), 2021)

Except SB 1383 single-family generators that meet the self-hauler requirements in Section 6.06.070, an SB 1383 single-family generator shall comply with the following requirements:

A. Subscribe to the City’s waste collection services and comply with the requirements
described in subsection (B) of this section. The City shall have the right to review the
number and size of a SB 1383 single-family containers to evaluate adequacy of capacity
provided for each type of collection service for proper separation of materials and
containment of materials; and single-family generators shall adjust the collection service
levels as requested by the City. SB 1383 single-family generators may additionally manage
waste by preventing or reducing their food scraps, green waste, and wood waste, managing
such waste on site, and/or using a community composting site pursuant to 14 CCR Section
18984.9(c); and

B. Participate in the City’s divertible materials collection services by placing food scraps in
the container designated for food scraps, recyclable materials in the container designated
for recyclable materials, green waste and wood waste in the designated container, and all
other municipal solid waste in the designated container. For purposes of this section, to be
considered as fully participating while utilizing a City-authorized franchisee, an SB 1383
generator shall comply with all requirements in Section 6.06.060.
(Ord. 2021-25 § 2 (Exh. B), 2021)

Generators that are SB 1383 commercial businesses, including multifamily residential dwellings, shall:

A. Subscribe to the City’s waste collection services for all such waste generated and comply
with requirements of those services as described in subsection (B) of this section, except
for SB 1383 commercial generators that meet the self-hauler requirements in Section
6.06.070.

The City shall have the right to review the number and size of a SB 1383 commercial
generator’s containers and frequency of collection to evaluate adequacy of capacity
provided for each type of collection service for proper separation of materials and
containment of materials. Commercial businesses shall adjust their service level for their
collection services as requested by the City, separate all recyclable materials from other
municipal solid waste and subscribe to a recyclable materials collection service through a
City-authorized franchisee a minimum of once a week;

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City of Newport Beach, CA § 6.06.040 NEWPORT BEACH CODE § 6.06.060

B. Except commercial businesses that meet the self-hauler requirements in Section 6.06.070,
participate in the City’s divertible materials collection service(s) by placing food scraps in
the container designated for food scraps, recyclable materials in the container designated
for recyclable materials, green waste and wood waste in the designated container, and all
other municipal solid waste in the designated container. For purposes of this section, to be
considered as fully participating while utilizing a City-authorized franchisee, an SB 1383
generator shall comply with all requirements in Section 6.06.060.
(Ord. 2021-25 § 2 (Exh. B), 2021)

Prohibited.

A. Any person collecting green waste or wood waste in City shall compost the green waste and/or wood waste on site or deliver the green waste and/or wood waste to a permitted green waste and/or wood waste processing facility for diversion.

B. No generator of green waste and/or wood waste shall permit any green waste or wood waste collected in City to be used as alternative daily cover at a landfill as an end use including, but not limited to, green waste and wood waste processed at a permitted processing facility. (Ord. 2021-25 § 2 (Exh. B), 2021)

A generator shall fully participate in the diversion program(s) the generator selects for their premises such that all the following requirements are met:

A. Except commercial businesses that meet the self-hauler requirements in Section 6.06.070,
participate in the City’s food scraps, green waste and recyclable materials collection
services by placing food scraps and waste including food scraps in the designated container
designated for green waste, recyclable materials in the container designated for recyclables,
and all other municipal solid waste in the designated container.

B. Supply and allow access to adequate number, size and location of collection containers
with sufficient labels or colors that clearly identify the designated container(s) for food
scraps, green waste, recyclable materials, and all other municipal solid waste for
employees, contractors, tenants, and customers. If self-hauling, the SB 1383 commercial
business shall comply with the self-hauler requirements set forth in Section 6.06.070.

C. Excluding multifamily residential dwellings, provide containers for the collection of food
scraps, green waste and recyclable materials in all indoor and outdoor areas where disposal
containers are provided for customers, for materials generated by that business. Such
containers are not required in restrooms. If a commercial business does not generate any of
the materials that would be collected in one type of container, then the commercial 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 container colors provided through the collection
service provided by the City or its authorized solid waste franchise hauler, with either
lids conforming to the color requirements or bodies conforming to the color

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City of Newport Beach, CA § 6.06.060 HEALTH AND SANITATION § 6.06.070

requirements or both lids and bodies conforming to color requirements. A commercial
business is not required to replace functional containers, including containers
purchased prior to January 1, 2022, that do not comply with the requirements of the
subsection prior to the end of the useful life of those containers, or prior to January 1,
2036, whichever comes first; and

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.

D. Multifamily residential dwellings are not required to comply with container placement
requirements or labeling requirement in subsection (C) of this section, pursuant to 14 CCR
Section 18984.9(b).

E. To the extent practical through education, training, inspection, and/or other measures,
excluding multifamily residential dwellings, prohibit employees from placing materials in
a container not designated for those materials or, if self-hauling, per the commercial
business’ instructions to support its compliance with its self-haul program in accordance
with Section 6.06.070.

F. Excluding multifamily residential dwellings, periodically inspect food scraps, green waste,
recyclable materials and municipal solid waste 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).

G. Annually provide information to employees, contractors, tenants, and customers about food
scraps and green waste recovery requirements and proper sorting of food scraps, green
waste and recyclable materials.

H. Provide education information before or within fourteen (14) days of occupation of the
premises to new tenants that describes requirements to keep food scraps, green waste and
recyclable materials separate from municipal solid waste, when applicable, and the location
of containers and the rules governing their use at each property.

I. Provide or arrange access for the City or its agent to their properties during all inspections
to confirm compliance with the requirements of this chapter.

J. If a commercial business self-hauls, the commercial business shall meet the self-hauler
requirements in Section 6.06.070.

K. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing food scraps and green waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

L. Commercial businesses that are tier one or tier two commercial edible food generators shall
comply with food recovery requirements pursuant to Sections 6.06.110 and 6.06.120.
(Ord. 2021-25 § 2 (Exh. B), 2021)

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City of Newport Beach, CA § 6.06.070 NEWPORT BEACH CODE § 6.06.080

A. Self-haulers shall source separate all recyclable materials, food scraps and green waste
generated on site from municipal solid waste in a manner consistent with 14 CCR Sections
18984.1 and 18984.2, or shall haul recyclable materials, food scraps and green waste to a
high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

B. Self-haulers shall haul their recyclable materials to a facility that recovers those materials;
and/or food scraps and green waste to a solid waste facility, operation, activity, or property
that processes or recovers said waste. Alternatively, self-haulers may haul food scraps and
green waste to a high diversion organic waste processing facility.

C. Self-haulers that are commercial businesses (including multifamily residential dwellings)
shall keep a record of the amount of recyclable material, food scraps and green waste
delivered to each solid waste facility, operation, activity, or property that processes or
recovers said waste; this record shall be subject to inspection by the City. The records shall
include the following information:

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

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

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 waste.

D. A residential SB 1383 generator that self-hauls waste, recyclable materials, food scraps or
green waste is not required to record or report information in subsections (B) and (C) of
this section.
(Ord. 2021-25 § 2 (Exh. B), 2021)

A. The City’s representative 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 AB 341 generators, SB 1383 generators, property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not authorize the City to enter the interior of a private residential property for inspection.

B. Generators shall provide or arrange for access during all inspections (with the exception of
residential property interiors) and shall cooperate with the City’s employee during such
inspections and investigations. Such inspections and investigations may include
confirmation of proper placement of materials in containers, edible food recovery
activities, records, or any other requirement of this chapter described herein. Failure to
provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any
inspection or investigation is a violation of this chapter.

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

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City of Newport Beach, CA § 6.06.080 HEALTH AND SANITATION § 6.06.100

D. The City’s representative is authorized to conduct any inspections, or other investigations
as reasonably necessary to further the goals of this chapter, subject to applicable laws.

E. The City shall receive written complaints from persons regarding an entity that may be
potentially noncompliant, including receipt of anonymous complaints.
(Ord. 2021-25 § 2 (Exh. B), 2021; Ord. 2023-22 § 378, 2023)

A property owner of a multifamily residential dwelling, mall, strip mall or other commercial building shall require tenants and lessees to separate the divertible materials generated in the unit or space they occupy from municipal solid waste and place the divertible materials in designated containers described in Section 6.06.060 for each type of material to aid in compliance with this chapter. (Ord. 2021-25 § 2 (Exh. B), 2021)

A. The promoter, coordinator or responsible party for a Level 2 or 3 special event pursuant to Chapter 11.03 shall provide sufficient containers to handle all municipal solid waste, recyclable materials and food scraps from the event and shall ensure the proper storage, collection and diversion of recyclable materials and food scraps.

B. The responsible party shall, as part of the application for a Level 2 or 3 special event permit,
submit an implementation plan for the handling and diversion of recyclable materials and
food scraps generated at the event that meets the requirements of this section and submit a
deposit of two hundred fifty dollars ($250.00) for a Level 2 event or a deposit of five
hundred dollars ($500.00) for a Level 3 event with the application.

C. The promoter, coordinator or responsible party shall provide three types of containers at
appropriate locations at the special event to facilitate the source separation of municipal
solid waste, recyclable materials and food scraps by event employees, vendors and
attendees. The three types of containers shall:

1. Be appropriate in number and size with respect to the quantity of municipal solid
waste, recyclable materials, and food scraps anticipated to be generated at the special
event;

2. Bear appropriate signage to identify the type of materials to be contained and meet
any additional design criteria established by the City; and

3. Be placed together as municipal solid waste, recyclable materials and food scrap
stations throughout the special event venue to provide equally convenient access to
users for disposal of municipal solid waste and diversion of recyclable materials and
food scraps.

D. If the promoter or coordinator determines that vendor booths at the special event will
require municipal solid waste containers, the coordinator, promoter or responsible party
shall provide the vendor with a set of three containers bearing appropriate signage to
identify the type of material to be contained in each container.

E. The use of public municipal solid waste containers or public recyclable materials or food

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City of Newport Beach, CA § 6.06.100 NEWPORT BEACH CODE § 6.06.110

scraps containers at special events is prohibited. The promoter, coordinator or responsible party shall remove or cover all public municipal solid waste, recycling and food scraps receptacles to prevent their use during the special event.

F. The promoter, coordinator or responsible party shall arrange for collection of all municipal solid waste, recyclable materials and food scraps at frequencies that prevent the overflow of said materials from storage containers at the special event. For special events of more than one day in duration, all municipal solid waste, recyclable materials and food scraps shall be either collected and transported off site at the end of each day, or emptied into interim containers (lidded wheeled carts, lidded bins or covered roll-off boxes) at the end of each day as required to prevent odors, vectors and blowing litter.

G. The promoter, coordinator or responsible party shall arrange for collection and transport of
all municipal solid waste to a fully permitted landfill or other fully permitted disposal site,
and shall arrange for collection and transport of all recyclable materials and food scraps to
permitted processing facilities for these materials to be diverted.

H. The promoter, coordinator or responsible party shall obtain weight tickets from the disposal
site and all permitted processing facilities showing the date and weight of the materials
delivered to the facility from the special event.

I. The promoter, coordinator or responsible party shall submit the following information to
the City within thirty (30) days of the end of the special event:

1. Name and date(s) of the special event;

2. Contact information for the responsible party, promoter or coordinator;

3. Address of location where event was held;

4. Number of attendees for each day of the event;

5. Quantity of municipal solid waste collected and disposed;

6. Quantity of recyclable materials collected and diverted;

7. Quantity of food scraps collected and diverted; and

8. Copies of weight tickets from municipal solid waste disposal facility and all permitted
processing facilities where recyclable materials and food scraps were delivered.

J. The deposit paid by the promoter, coordinator or responsible party shall be returned upon
City verification that the diversion program was carried out in compliance with this section.
The deposit shall be retained by the City in the event the Director determines that the solid
waste diversion program was not implemented in compliance with this section.
(Ord. 2021-25 § 2 (Exh. B), 2021; Ord. 2023-22 § 379, 2023)

A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18995.1.

B. Large venue or large event operators not providing food services, but allowing for food to

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City of Newport Beach, CA § 6.06.110 HEALTH AND SANITATION § 6.06.110

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. 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 to access the premises and review records pursuant to 14 CCR Section
18991.4; and

5. Keep records that include the following information, or as otherwise specified in 14
CCR Section 18991.4:

a. A list of each food recovery service or organization that collects or receives its
edible food pursuant to a contract or written agreement established under 14
CCR Section 18991.3(b);

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

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

i. Name, address and contact information of the food recovery service or
food recovery organization;

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

iii. Established frequency that food will be collected or self-hauled; and

iv. 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. Tier one commercial edible food generators must comply with the requirements of this
section commencing January 1, 2022, and tier two commercial edible food generators must
comply commencing January 1, 2024, pursuant to 14 CCR Section 18995.1.

E. Nothing in this chapter shall be construed to limit or conflict with the protections provided
by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan
Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017,
which added Article 13 (commencing with Section 49580) to California Education Code
Title 2, Division 4, Part 27, Chapter 9, and to amend California Health and Safety Code
Section 114079 relating to food safety.

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City of Newport Beach, CA § 6.06.110 NEWPORT BEACH CODE § 6.06.130

(Ord. 2021-25 § 2 (Exh. B), 2021; Ord. 2023-22 § 380, 2023)

and Regional Agencies.

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. Name, address, and contact information for each commercial edible food generator
from which the service collects edible food;

2. Quantity in pounds of edible food collected from each commercial edible food
generator per month;

3. Quantity in pounds of edible food transported to each food recovery organization per
month; and

4. Name, address, and contact information for each food recovery organization that the
food recovery service transports edible food 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. Name, address, and contact information for each commercial edible food generator
from which the organization receives edible food;

2. Quantity in pounds of edible food received from each commercial edible food
generator per month; and

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

C. Food recovery organizations and food recovery services that have their primary address
physically located in the City and contract with or have written agreements with one or
more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall
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).

D. In order to support edible food recovery capacity planning assessments or other studies
conducted by the County, City, special district that provides solid waste collection services,
or its designated entity, food recovery services and food recovery organizations operating
in the City shall provide information and consultation to the City, upon request, regarding
existing, or proposed new or expanded, food recovery capacity that could be accessed by
the City and its commercial edible food generators. A food recovery service or food
recovery organization contacted by the City shall respond to such request for information
within sixty (60) days, unless a shorter time frame is otherwise specified by the City.
(Ord. 2021-25 § 2 (Exh. B), 2021; Ord. 2023-22 § 381, 2023)

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City of Newport Beach, CA § 6.06.130 HEALTH AND SANITATION § 6.06.140

Composting Operations.

A. Requirements for Haulers. Franchisees providing residential, commercial or industrial
waste collection services shall meet the following requirements and standards as a
condition of approval of a contract, agreement, franchise, or other authorization with the
City to collect food scraps, or green waste:

1. Through written notice to the City annually, in accordance with the City franchise, on
or before June 30th, identify the processing facilities to which they will transport
divertible materials.

2. Obtain approval from the City to haul food scraps and/or green waste unless it is
transporting these materials to a community composting site or lawfully transporting
C&D in a manner that complies with 14 CCR Section 18989.1.

3. Comply with education, equipment, signage, container labeling, container color,
contamination monitoring, reporting, and other requirements contained within its
franchise agreement, permit, or license issued by the City and within SB 1383
regulations.

B. Requirements for Facility Operators and Community Composting Operations.

1. Owners of processing facilities, operations, and activities that recover food scraps and
green waste including, but not limited to, compost facilities, in-vessel digestion
facilities, and publicly-owned treatment works shall, upon City 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, upon City request, shall provide information to the
City to support food scrap and green waste capacity planning, including, but not
limited to, an estimate of the amount of such waste anticipated to be handled at the
community composting operation. Entities contacted by the City shall respond within
sixty (60) days.
(Ord. 2021-25 § 2 (Exh. B), 2021)

A. De Minimis Waivers. The City may waive an AB 341 generator, SB 1383 commercial generator and/or the underlying property owner’s obligation to comply with some or all of the diversion requirements of this chapter if the generator submits an application to the City specifying the services that they are requesting a waiver from and provide documentation that the business generates food scraps, green waste or recyclable materials below the following thresholds:

1. For an AB 341 generator, the generator’s total solid waste collection service is
adequate for the quantities generated at the premises, and consists of four cubic yards
or more of the business’s total waste.

2. For an SB 1383 commercial generator, the commercial business’ total municipal solid

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City of Newport Beach, CA § 6.06.140 NEWPORT BEACH CODE § 6.06.140

waste collection service is two cubic yards or more per week and organic waste is less
than twenty (20) gallons per week of the business’s total waste; or the commercial
business’s total municipal solid waste collection service is less than two cubic yards
per week and organic waste subject to collection is less than ten (10) gallons per week
of the business’s total waste.
In the event the City approves the application for a de minimis waiver, the applicant
shall notify the City if circumstances change such that the thresholds identified above are
exceeded, in which case waiver will be rescinded. Additionally, the applicant shall provide
written verification of eligibility for de minimis waiver every five years, if the City has
approved de minimis waiver.

B. Physical Space Waivers. The City may waive an AB 341, SB 1383 commercial generator,
and/or underlying property owner’s obligations (including multifamily residential
dwellings) to comply with some or all of the diversion requirements of this chapter if the
City has evidence as described herein that the premises lack adequate space for the
collection containers required for compliance with the food scraps, green waste and/or
recyclable materials collection requirements.

An AB 341 or SB 1383 commercial generator may request a physical space waiver through
the following process:

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

2. Provide documentation that the premises lack adequate space for food scraps, green
waste and/or recyclable material containers including documentation from its hauler,
licensed architect, or licensed engineer.

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

   C. An application for a waiver shall be submitted on a form provided by the Director, with the application fee, and include all information necessary for the Director to make his/her decision, including but not limited to documentation specified above. The Director may require the applicant to provide additional information to permit the Director to determine facts regarding the waiver application.

   D. The Director may approve, conditionally approve, or deny the waiver application, in whole or in part.

   E. The Director’s decision shall be final thirty (30) days after notice is provided to the applicant in the manner provided in Section 1.08.080, unless appealed to the Assistant City Manager within that time frame. Any appeal shall be submitted to the Assistant City Manager on a form approved by the Assistant City Manager along with the appeal fee. If appealed, the Assistant City Manager shall complete his/her review and issue a written decision upholding, overturning or modifying the decision of the Director within thirty (30) days. The decision of the Assistant City Manager shall be final.

   F. A generator granted a waiver by the City is required to reapply prior to the end of the waiver period and demonstrate continued conditions that warrant the granting of another waiver for a period of up to one year.

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City of Newport Beach, CA § 6.06.140 HEALTH AND SANITATION § 6.06.150

G. The City Council may adopt, by resolution, a fee to recover costs associated with processing the waiver application and an appeal fee. (Ord. 2021-25 § 2 (Exh. B), 2021; Ord. 2023-22 § 382, 2023)

A. Process for Enforcement.

1. The Municipal Operations Director will monitor compliance with this chapter
randomly and through compliance reviews, route reviews, investigation of
complaints, and an inspection program. Section § 6.06.080 establishes the City’s right
to conduct inspections and investigations.

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

3. The 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, the City shall commence an action to impose penalties, via an
administrative citation and fine, pursuant to Chapter 1.05 (Administrative Code
Enforcement Program).
Notices shall be sent to “owner” at the official address of the owner maintained by the tax
collector for the City or, if no such address is available, to the owner at the address of the
dwelling or commercial property or to the party responsible for paying for the collection
services, depending upon available information.

B. Penalty Amounts for Types of Violations. The penalty levels are as set forth in Section

C. Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

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

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

3. Deficiencies in 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.

D. Appeals Process. Persons receiving an administrative citation containing a penalty for an
uncorrected violation may request a hearing to appeal the citation pursuant to Section
1.05.060.

E. Education Period for Noncompliance. Beginning January 1, 2022, and through December
31, 2023, the City will conduct inspections, route reviews or waste evaluations, and
compliance reviews, depending upon the type of regulated entity, to determine compliance,
and if the City determines that a food scrap and green waste generator, self-hauler, hauler,

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City of Newport Beach, CA § 6.06.150 NEWPORT BEACH CODE § 6.06.160

tier one commercial edible food generator, food recovery organization, food recovery
service, or other entity is not in compliance, it shall provide educational materials to the
entity describing its obligations under this chapter and a notice that compliance is required
by January 1, 2022, and that violations may be subject to administrative civil penalties
starting on January 1, 2024.

F. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the City determines that
the SB 1383 generator, self-hauler, hauler, tier one or tier two commercial edible food
generator, food recovery organization, food recovery service, or other entity is not in
compliance with this chapter, it shall document the noncompliance or violation, issue a
notice of violation, and take enforcement action pursuant to this section.
(Ord. 2021-25 § 2 (Exh. B), 2021; Ord. 2023-22 § 383, 2023; Ord. 2025-37, 1/13/2026)

The degree of protection required by this chapter is considered to be reasonable for regulatory purposes. The standards set forth in this chapter are minimal standards and do not imply that compliance will ensure safe handling of recyclable materials, food scraps, green waste, wood waste or municipal solid waste. This chapter shall not create liability on the part of the City, or any of its officers or employees, for any damages that result from reliance on this chapter or any administrative decision lawfully made in accordance with this chapter. All persons handling discarded materials within the City should be and are advised to conduct their own inquiry as to the handling of such materials. In undertaking the implementation of this chapter, the City is assuming an undertaking to comply with State law and to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Ord. 2021-25 § 2 (Exh. B), 2021)

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City of Newport Beach, CA § 6.08.010 HEALTH AND SANITATION § 6.08.030