§ 6-3

The City Council of the City of Ontario hereby finds and declares: (a) The intent and purpose of this chapter is to comply with state law on solid waste management as it is found in California Public Resources § 40000 et seq. (b) State law requires local agencies such as the City to control and reduce their waste streams, and to meet per capita waste generation goals each year. This reduction requires an ongoing evolution of the practices within the City to include elements that reduce waste generation, promote reuse, and require collection of recyclables and organic waste. (c) The accumulation, collection, removal, disposal, composting, and recycling of solid waste shall be controlled by the City for the protection of the public health, safety and welfare, and to contribute toward the diminution of health

hazards and pollution in the City. The City Council finds that to give practical effect to this policy, a comprehensive system for the periodic collection, removal, disposal, composting and/or recycling of integrated waste from all premises in the City is essential and benefits all residents of the City; therefore, all such occupants are made responsible for the collection, disposal, composting, and/or recycling of solid waste. (d) The provisions of this chapter shall control in the event of any inconsistencies between this chapter and any other City ordinances, resolutions, or other written arrangements. (e) Nothing in this chapter shall limit the right of an individual person, organization, or other entity to donate, sell or otherwise dispose of recyclables or organics, provided that any such donation, sale or disposal is in accordance with the provisions of this chapter, including but not limited to the provisions of § 6-3.808(b). (f) The City Manager shall be responsible for reviewing solid waste collection services, contracts, permits, fees and rates, and for making recommendations on the administration of the above to the City Council for final approval. (§ 1, Ord. 3187, eff. January 1, 2022, as amended by Ord. 3216, eff. August 18, 2022)

This chapter sets forth uniform requirements and regulations for the direct and indirect users of the solid waste collection services of the City. It also allows for the City to comply with all applicable state and federal laws, including, but not limited to, The Integrated Waste Management Act of 1989, California Code Title 14, Division 7, and any subsequent amendments to each. (§ 1, Ord. 3187, eff. January 1, 2022)

Sec 6-3.103. Administration.

Except as otherwise provided in this chapter, the City Manager shall administer, implement, direct and cause enforcement of the provisions of this chapter. Whenever any power is granted to or a duty is imposed upon the City Manager, the City Manager or his or her designee shall exercise this power or perform this duty. (§ 1, Ord. 3187, eff. January 1, 2022)

Sec 6-3.104. Applicability.

(a) This chapter shall apply to all waste generators within the City, and to waste generators outside the City who are, by permit, contract, or agreement with the City, users of the City's non-organic waste, recycling and green waste and other organics collection services, or are conducting business or activities within the City which fall under the provisions of this chapter. (b) The inspection, reporting, and enforcement provisions of this chapter shall further apply to the donation, sale, or disposal of Non-Waste, as that term is defined in Section 6-3.106, as though the purchasers, recipients, collectors, transporters, recyclers, haulers, or other persons in receipt of such Non-Waste were collectors of solid waste. (§ 1, Ord. 3187, eff. January 1, 2022, as amended by Ord. 3216, eff. August 18, 2022)

Sec 6-3.105. Exclusive jurisdiction.

(a) The collection of all solid waste within the City shall be performed under the direction of the City Manager, and for such purposes, the City may use City personnel, enter into contract agreements with private hauling firms or approve franchise agreements to perform such collection, provided that the City shall respect all continuation rights required by the Public Resources Code.

(b) Residential, integrated, waste management collection services and commercial, integrated, waste management collection services shall be provided exclusively by or under the direction of the City. A solid waste enterprise may not provide waste collection services except as authorized by the City pursuant to § 6-3.105(a). This section does not prohibit the commercial collection of recyclables or organics pursuant to §§ 6-3.502 through 6-3.510, provided all such commercial collection of recyclables or organics complies with the provisions of this chapter. (c) Each violation of this section will be considered an infraction and subject to penalties listed in § 1-2.01. (§ 1, Ord. 3187, eff. January 1, 2022)

For the purpose of this chapter, unless otherwise apparent from context, certain words and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal or state laws or regulations. Words used in this chapter in the singular may include the plural, and the plural may include the singular. Use of the masculine shall also mean the feminine and neuter. (a) "Account." A statement or record utilized by the City for billing customers that receive integrated waste services. (b) "Administrator." The City Utilities Manager or his or her designee. (c) "Bin." City-provided or privately-owned, integrated waste containers, generally with a lid, that are collected by a front-loading collection vehicle. (d) "Blue container" has the same meaning as in 14 CCR § 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 waste. (e) "Bulky item." Any item unable to be collected through normal collection methods, such as an appliance, furniture or bundled brush. (f) "Business recycling plan." A business recycling plan as set forth in § 6-3.601. (g) "C & D" or "construction and demolition debris." Lumber, paper, cardboard, metals, masonry (brick, concrete, and the like), carpet, plastic, pipe (plastic, metal, and clay), drywall, rocks, dirt, and green waste related to land development. These materials produce debris that is not hazardous waste, as defined by Cal. Pub. Resources Code § (h) "California Code of Regulations" or "CCR" means the State of California Code of Regulations. (i) "CalRecycle" means California's Department of Resources Recycling and Recovery. (j) "Cart." The City-provided, plastic, solid waste container with a tight-fitting lid and wheels, collected by an automated, side-loading collection vehicle. Carts may be in the sizes and colors determined by the City. (k) "City." The City of Ontario, California. (l) "City Manager." The chief administrative officer of the City or his or her designee. (m) "Collection." The operation of gathering together and transporting of materials subject to this chapter to a point of disposal and/or a recycling or composting center/facility. (n) "Collector." A person employed by the City or any other person (or the agents or employees thereof) with whom the City shall have contracted to collect, carry, transport, compost, and/or recycle non-organic waste, recyclables and organics within the City. (o) "Commercial" or "commercial business." A business, industrial, commercial establishment, or construction site, and any multiple-family, residential dwelling with five (5) units or more on one (1) account. (p) "Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in CCR §§ 18982(a)(73) and (a)(74). (q) "Compactor." A privately-owned receptacle for compressing waste used in commercial establishments, collected by a front-loading or a roll-off vehicle.

(r) "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 § 17855(a)(4); or, as otherwise defined by 14 CCR § 18982(a)(8). (s) "Compliance review" means a review of records by the City to determine compliance with Article 8. (t) "Compost." The product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal waste stream, or that are separated at a centralized facility. (u) "Container." A cart, bin, roll-off, compactor or similar receptacle used to temporarily store solid waste, organics or recyclables for collection service. (v) "Container contamination" or "contaminated container" means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR § 18982(a)(55). (w) "Customer." The owner and/or occupant of any property within the City that is required to participate in the City's integrated waste collection program, including green waste, other organics and recyclables. (x) "Designated source separated organic waste facility", shall have the same definition as 14 CCR § 18982(14.5). (y) "Designee" means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities as authorized in 14 CCR § 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities. (z) "Discard" means to dispose of solid waste through means other than sale or donation. (aa) "Discarded materials" means materials set out for collection by a generator in one or more containers. (bb) "Divert." To use material for any purpose other than disposal in a landfill or transformation facility. (cc) "Donate" means to gratuitously surrender or part with material of value to the donator, with no net payment between the donator and the donee. (dd) "Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a) (18). "Edible food" is not solid waste if it is recovered and not discarded. (ee) "Enforcement action" means an action of the City to address non-compliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. (ff) "Enforcement Officer" means the city manager, county administrative official, chief operating officer, executive director, or other executive in charge or their authorized designee(s) who is/are partially or whole responsible for enforcing Article 8. (gg) "Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24). (hh) "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 § 18982(a)(25), including, but not limited to: (1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and, (3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. (ii) "Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR § 18982(a)(26). (jj) "Food waste." Discarded raw, cooked, or processed edible substances, ices, beverages, ingredients used or intended for use or for sale, in whole or in part, for human consumption, and chewing gum. Food waste includes compostable plastics. Food waste is a subset of organics. (kk) "Generator" or "waste generator" means a person or entity that is responsible for the initial creation of waste.

(ll) "Gray container" has the same meaning as in 14 CCR § 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste. (mm) "Gray container waste" means solid waste that is collected in a gray container that is part of a three (3)- container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR § 18984.1(a)-(b), or as otherwise defined in 14 CCR § 17402(a)(6.5). (nn) "Green building." The use of materials in a more efficient manner. Green building practices can include salvaging dimensional lumber from structures, using reclaimed aggregates, or designing a structure in a way that requires less material. (oo) "Green container" has the same meaning as in 14 CCR § 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste. (pp) "Green waste." Tree and shrubbery trimmings, tree roots less than six (6) inches in diameter, vegetation matter resulting from land clearing, grass, weeds, straw, or leaves, wood chips, sawdust and other household garden, organic materials that have been segregated from other solid waste materials for the purpose of deposit at a designated collection location, including curbside location, for collection and transportation to a compost facility. Green waste does not include palm fronds, cactus or tree limbs, roots or stumps larger than six (6) inches in diameter. Green waste is a subset of organics. (qq) "Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR § 18982(a)(30). (rr) "Hazardous waste." A waste, or combination of wastes, which, because of its quantity, concentration or physical, chemical, or infectious characteristics, may do either of the following: (1) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (2) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Unless expressly provided otherwise, "hazardous waste" includes extremely hazardous waste and acutely hazardous waste. (ss) "High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR § 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent (50%) percent between January 1, 2022 and December 31, 2024, and seventy-five percent (75%) after January 1, 2025, as calculated pursuant to 14 CCR § 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR § 17402(a)(11.5); or, as otherwise defined in 14 CCR § 18982(a)(33). (tt) "Inspection" means a site visit where a City reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in Article 8, or as otherwise defined in 14 CCR § 18982(a)(35). (uu) "Integrated waste." The City's Integrated Waste Department. (vv) "Integrated waste collection" means the collection of source separated green container organic waste in the green container, source separated recyclable materials in the blue container; and gray container waste in the gray container. (ww) "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.

(xx) "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. 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. 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. (yy) "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 solid waste, or as otherwise defined in 14 CCR § 18982(a)(40). (zz) "Mixed waste organic collection stream" or "mixed waste" means organic waste collected in a container that is required by 14 CCR §§ 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR § 17402(a)(11.5). (aaa) "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. (bbb) "Non-organic waste." Solid waste that does not include recyclables and organics. (ccc) "Non-Waste" means material generated by a generator that would otherwise be disposed of as solid waste, and that may be properly placed in a container set out for City collection by a generator, but is instead sold for value or donated to a Non-Waste Dealer. Non-Waste does not include solid waste, recyclable materials, or organic waste that is abandoned or discarded. (ddd) "Non-Waste Dealer" means a person or entity who, as part of a regular and continuing part or whole of their business practice, purchases Non-Waste or receives donated Non-Waste, including but not limited to a scrap buyer, compostable materials buyer, or recyclables broker. (eee) "Notice of violation" or "NOV" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR § 18982(a)(45) or further explained in 14 CCR § 18995.4 (fff) "Occupant." One who has certain legal rights to or control over the premises occupied; a tenant or owner. (ggg) "Organics," "organic waste," and "organic material." 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. (hhh) "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 § 18982(a)(48). (iii) "Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR § 18982(a)(51). (jjj) "Person." An individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. (kkk) "Printing and writing papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white woven envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR § 18982(a)(54). (lll) "Prohibited container contaminants" means the following: (1) Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the City's blue container;

(2) 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; (3) 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. (mmm) "Property owner." The record owner of a property, including the homeowner/business owner association of a residential/business condominium project. (nnn) "Recovered organic waste products" means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR § 18982(a) (60). (ooo) "Recovery" means any activity or process described in 14 CCR § 18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49). (ppp) "Recyclable materials" or "recyclables." Non-organic, reusable waste materials, including, but not limited to, metal, glass, and plastic, that are to be collected, separated or processed and used as raw materials. "Recyclables" may include paper products, printing and writing paper, wood, dry lumber and textiles. (qqq) "Recycle" or "recycling." The process of collecting, sorting, cleansing, treating, and reconstructing materials that would otherwise become refuse or garbage, and returning them to the economic mainstream in the form of raw material for new, revised, or reconstituted products that meet the quality standards necessary to be used in the marketplace. This includes, without limitation, items intended for "re-use" or "personal use," irrespective of their intended return to the economic mainstream or marketplace. (rrr) "Recycled-content paper" means paper products and printing and writing paper that consists of at least thirty percent (30%), by fiber weight, post- consumer fiber, or as otherwise defined in 14 CCR § 18982(a)(61). (sss) "Residential." Any residential dwelling or apartment house. (ttt) "Reuse." Further or repeated use of construction or demolition debris. (uuu) "Roll-off bin" or "roll-off." A compactor or open-top, City-owned or private container collected by a roll-off collection vehicle. (vvv) "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 § 18982(a)(65). (www) "Sale" and "sold" means the act of transferring ownership of Non-Waste for value between a generator and a Non-Waste Dealer. A transaction is not a sale if it does not result in a net payment to the Non-Waste generator, as evaluated under the totality of the circumstances (including, but not limited to, any rebates, bin rental fees, etc.). If a transaction purporting to be the sale of Non-Waste involves a net charge, fee, or cost to the Non-Waste generator, it is not a sale of Non-Waste and is instead solid waste hauling activity subject to the solid waste provisions of this Code. (xxx) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016. (yyy) "SB 1383 Regulations" or "SB 1383 Regulatory" means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. (zzz) "Scavenging." The removal of any solid waste material without authorization of the property owner and/or the City. (aaaa) "Self-hauler" means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR § 18982(a)(66). Back-haul means generating and transporting organic 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 § 18982(a) (66)(A). (bbbb) "Single-family" means of, from, or pertaining to any residential premises with fewer than five (5) units. (cccc) "Solid waste." All putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge that is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous, radioactive waste or medical waste. (dddd) "Solid waste enterprise." An entity authorized by the County of San Bernardino or other regulatory authority to provide integrated waste services in such area prior to its annexation by the City. (eeee) "Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meetthe quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR § 17402.5(b)(4). 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/mixed waste or other solid waste for the purposes of collection and processing. (ffff) "Source separated blue container waste" means source separated wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in 14 CCR § 18982(a) (43), or as otherwise defined by 14 CCR § 17402(a)(18.7). (gggg) 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 waste, carpets, non-compostable paper, and textiles. (hhhh) "Supermarket" means a full-line, self-service retail store with gross annual sales of Two Million Dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR § 18982(a)(71). (iiii) "Tier one commercial edible food generator" means a commercial edible food generator that is one (1) of the following: (1) Supermarket. (2) Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet. (3) Food service provider. (4) Food distributor. (5) Wholesale food vendor. (jjjj) "Tier two commercial edible food generator" means a commercial edible food generator that is one (1) of the following: (1) Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet. (2) Hotel with an on-site food facility and two hundred (200) or more rooms. (3) Health facility with an on-site food facility and one hundred (100) or more beds. (4) Large venue. (5) Large event. (6) A State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

(7) A local education agency facility with an on-site food facility. (kkkk) "Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR § 189852(a)(76). (§ 1, Ord. 3187, eff. January 1, 2022, as amended by Ord. 3216, eff. August 18, 2022)

Article 2. Prohibitions

(a) Every person owning or occupying any building, lot or premises in the City shall keep such property in a clean and sanitary condition; this includes placing all solid waste, with the exception of bulky items, in the appropriate container. The property owner or occupant shall not cause or permit organic waste to collect or accumulate for more than one (1) week, or cause or permit any other solid waste to accumulate for a period in excess of one (1) month; provided, however, the provisions of this section shall not be construed to interfere with any occupant keeping building materials upon premises during construction, reconstruction, or repair of a building or structure thereon under a valid building permit, nor with the keeping of wood neatly piled upon such premises for household use. (b) The Administrator may require a greater number of collections per week or may require placement of additional containers upon finding that an unhealthful, unsightly, or public nuisance exists under the current service level. The Administrator may also reduce the number of collections per week or permit fewer containers upon a finding that the lower collection frequency and/or fewer containers are sufficient to maintain the premises in a clean and sanitary condition and will not result in putrescible materials accumulating for greater than one week. In either event, the customer will be charged for collections and/or containers at the current fee schedule. Prior to imposing such service and rate adjustments, the City shall provide at least two (2) written notifications, at least seven (7) days apart, to the customer as listed on the City billing. The customer may appeal such a determination in writing to the City Manager within seven (7) days of the second notice. The City shall not impose the service adjustments until the seven (7) day appeal period has passed, or if appealed, until the City Manager determines the outcome of the appeal. (c) If a member of the Integrated Waste staff observes that a property owner or occupant will violate this section, Integrated Waste will notify Code Enforcement. If the Code Enforcement officer determines a violation of this section, the Code Enforcement officer will tag the container or property with a notice of violation, requiring the property owner or occupant to bring the property into compliance. It is expected that the property owner's or occupant's attempt to comply with the directives of the notice of violation will require input from the Integrated Waste Department. If the property owner or occupant does not respond to or comply with the notice of violation, the City will take the necessary steps to bring the property into compliance, including, if necessary, cleaning and sanitizing the container and area. The property owner shall be held responsible for all fees and costs incurred as a result of the City bringing the property into compliance. (§ 1, Ord. 3187, eff. January 1, 2022, as amended by § 2, Ord. 3213, eff. July 21, 2022)

No solid waste shall be burned within the City. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) No person shall place in any container identified for refuse, recyclables, green waste, food waste or organics, any material other than that identified material. The containers set aside for refuse, recyclables, green waste, food waste or organics shall be used only for refuse, recyclables, green waste, food waste or organics, and for no other materials. Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and refuse in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container, nor place materials designated for the green container or blue container into the gray container. (b) If, upon inspection by the Collector, it is determined that the recyclables, green waste, food waste or organics container is contaminated, it shall be tagged and the container shall not be collected. If the customer wishes a special return collection prior to the next scheduled collection day, the customer may be charged for the special collection in accordance with § 6-3.811(d)(3) and § 6-3.402 of this chapter. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) No person shall place or deposit in any container for collection, pursuant to the provisions of this chapter, any unbroken and exposed hypodermic needles, medicines, pills, poisons, caustic acids, explosives or similar dangerous substances that may cause human injury or harm. (b) No person shall place or deposit in any container for collection, pursuant to the provisions of this chapter, wearing apparel, bedding or other articles from any home or place where any infectious or contagious disease has prevailed. The owner or occupant of any premises where an infectious or contagious disease has prevailed shall forthwith notify the San Bernardino County Health Officer, and shall dispose of such articles in accordance with his or her directions. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) No person shall place or deposit upon any public street, park or alley, or in any container for the collection pursuant to the provisions of this chapter, any dead animal. (b) The bodies of any dead animals within the City shall be promptly removed to such place as may be designated by the Administrator. In the event the owner of such dead animal is known, such owner shall pay the cost of removal of the dead animal. If such animal is found upon any public street, park or alley, or upon private property, the City shall arrange for its removal in the event its owner is not found. (§ 1, Ord. 3187, eff. January 1, 2022)

No person shall dump, place or deposit upon, or bury in any lot, land, street, alley, water or waterway within the City, any solid waste or substance condemned by the San Bernardino County Health Department, or any other deleterious or offensive substance; provided, however, the provisions of this section shall not apply to any land used as a properly-permitted landfill, transfer station, materials-recovery facility, organic waste-processing facility or similar use. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) Only the City may remove any recyclables or organics, which have been segregated from other solid waste, and placed at the curbside or at a location designated for the collection of recyclables or organics. (b) Such recyclables or organics are the property of the City upon placement of the container for collection. No unauthorized person shall remove non-organic waste, recyclables or organics from City containers. (c) In any civil action by the City against a person alleged to have violated any provision of this section, the court may award a civil penalty of not more than One Thousand Dollars ($1,000.00) for each unauthorized removal against the unauthorized person removing the solid waste. (d) Violation of this section is unlawful and shall be a misdemeanor. Each separate unauthorized removal shall be a separate violation. (§ 1, Ord. 3187, eff. January 1, 2022, as amended by Ord. 3216, eff. August 18, 2022)

Solid waste not subject to routine collection shall include large household appliances, furniture, logs, stumps, construction waste, dirt, or junked automobiles or automobile parts. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) Containers used to collect solid waste placed in the City by unauthorized collectors or haulers are subject to impoundment. Containers shall be placed in a storage facility and the hauler shall be responsible for all fees incurred as a result of the impoundment. (b) Containers violating this section of the chapter shall be tagged by Code Enforcement, or Integrated Waste Department staff, for removal within twenty-four (24) hours. If it is not removed within twenty-four (24) hours, the container will be impounded by the City without granting any further notice or warning. The confiscated container will be placed in a storage facility and the hauler shall be responsible for all fees incurred as a result of the impoundment. (c) This Section shall not apply to a Non-Waste Dealer operating pursuant to the provisions of this chapter and possessing all necessary business license(s) and permit(s) to the extent that such a Non-Waste Dealer uses its own Non-Waste container for the purchase or donation of Non-Waste and not for a fee. The provision of such a Non-Waste container cannot involve any net payment by any individual to the Non-Waste Dealer or Non-Waste container's provider; any net payment by the generator of purported Non-Waste to the person receiving it renders that transaction an act of solid waste collection subject to the provisions of this Code. (§ 1, Ord. 3187, eff. January 1, 2022, as amended by Ord. 3216, eff. August 18, 2022)

Article 3. Solid Waste Services

The property owner or occupant of any residential unit within the City is responsible to provide for the removal of solid waste from such premises in accordance with provisions of this chapter. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) All solid waste shall be placed in suitable containers furnished by the City. (b) Ashes shall be thoroughly moistened to prevent them from scattering and starting the container on fire. (c) Dog droppings, sanitary napkins, and items that are unsanitary and offensive shall be securely wrapped and placed in the non-organic waste container. (d) Hazardous wastes, such as, but not limited to, pesticides, used motor oil and other lubricants, car batteries, television and computer monitors, and tires, shall not be placed into the City's containers. Household hazardous waste may be disposed of properly by being taken to household hazardous waste collection centers or any other designated collection points. (e) All lubricants, such as motor oil, shall be disposed of in the proper manner by being taken to a household hazardous waste drop-off center or any other officially designated collection point. (f) All solid waste placed in a container shall be placed loosely in such container so as to ensure the ease of disposal. (g) All materials placed into a container shall be contained within the container, and the lid, if applicable, shall be completely shut. Until removed by the Collector, the customer shall be responsible for the clean-up of any and all discards the customer has generated, dumped, spilled or otherwise lost or littered, notwithstanding human and animal interference, wind or other natural forces and weather during storage, collection, removal or transfer. The Collector shall be responsible for any discards spilled during collection, removal or transfer by the Collector. (§ 1, Ord. 3187, eff. January 1, 2022)

All collection containers shall be kept in clean and sanitary condition by the owner or person using the same. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) Every person owning or occupying a residential unit within the City shall provide for integrated waste collection services in accordance with the provisions of this chapter. (b) It shall be unlawful for the owner or occupant of any residential unit within the City to fail or neglect to provide for the removal of non-organic waste, recyclables, green waste or other organics from such premises in accordance with provisions of this chapter. (§ 1, Ord. 3187, eff. January 1, 2022)

Any customer may make an application for exemption from integrated waste collection services on the basis that a developed property is unoccupied, and that no non-organic waste, green waste, other organics or recyclable materials shall be placed or offered for collection by the City or its authorized Collector, from such property. The Administrator may temporarily exempt such property from participation in the City's integrated waste collection program for the limited period while the property is unoccupied; provided, that any such statement or representation shall be made in affidavit form, fully sworn to by the person making such statement or representation, and filed with the Administrator. An exemption shall be valid only for the time that the statements made in the affidavit continue to be true. Any violation of provisions of the exemption shall result in termination of the exemption and shall require the customer to subscribe to the integrated waste collection services in accordance with this chapter. (§ 1, Ord. 3187, eff. January 1, 2022)

As many needed City-provided carts may be used and shall be charged according to the integrated waste schedule of charges contained in § 6-3.401(a). (§ 1, Ord. 3187, eff. January 1, 2022)

All non-organic waste, recycling, green waste and other organics shall be collected from residential units a minimum of one (1) time per week. The City shall specify the number and different types of carts required. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) Residential, non-organic waste, recycling, and green waste carts shall be placed for collection by 6:00 a.m. on the scheduled collection day, but not prior to the evening preceding the collection day. Carts shall be removed no later than the evening after collection day. Such carts shall be placed for collection along the alley where a useable alley exists. Where there is no useable alley, such carts shall be placed for collection near the street curb. Where no curbs or walks exist, such carts shall be placed in a location convenient for collection along the street right-of-way, and at least three (3) feet from any mailboxes, cars, or any other obstructions for safety and efficiency. (b) Any obstructing object(s) that prevent the Integrated Waste Collector from collecting residential carts will be reported to Code Enforcement. The Code Enforcement officer will tag the obstructing object(s) (e.g., a basketball hoop) with a notice of violation requiring immediate removal. If the property owner is issued two (2) notice of violations for the same obstructing object(s), the City will impound the object(s) without granting any further notice or warning. The confiscated object(s) will be placed in a storage facility and the property owner shall be responsible for all fees incurred as a result of the impoundment. (c) If the provisions of this section are not fully complied with, the Integrated Waste Collector shall place a tag indicating a violation on the cart. No collection shall be made until the provisions of this section are complied with. The resident may request a collection prior to the next scheduled collection date and shall be charged as listed in § 6- 3.401(a) of this chapter. (d) It shall be the customer's responsibility to provide means of entering and exiting premises, adequate collection vehicle turning radius, and vertical and horizontal clearance for the Integrated Waste Collectors and equipment. (e) In all cases of dispute or complaints arising from or concerning the place where carts from residential units shall be placed while awaiting the removal of their contents, the Administrator shall forthwith designate the place and his or her decision shall be final. (f) Residential customers may receive bin service when permitted by the Administrator. Except as otherwise determined by the Administrator, bin service shall be subject to the same provisions in this chapter for residential cart service. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) Residential customers are entitled to four (4) bulky item pick-ups per calendar year as part of the regular residential monthly service fees, on an appointment basis that is to be made one (1) week prior to the desired

collection day. Items are to be identified to ensure efficient and proper collection. Additional collections are subject to charges listed in § 6-3.401(a) of this chapter. (b) Materials to be collected shall be limited to five (5) individual items that can be easily handled by two (2) persons. (c) If the bulky item pick-up exceeds the customer's bulky item collection limits as specified in subsections (a) or (b), the City may pick up the bulky item and charge the customer according to fees listed in § 6-3.401(a). (§ 1, Ord. 3187, eff. January 1, 2022)

(a) The property owner or occupant of any commercial establishment within the City shall make arrangements for the removal of non-organic waste, recyclables, green waste and other organics from such premises in accordance with provisions of this chapter. (b) It shall be unlawful for the owner or occupant of any commercial establishment within the City to fail or neglect to provide for the removal of non-organic waste, recyclables, green waste or other organics from such premises in accordance with provisions of this chapter. (§ 1, Ord. 3187, eff. January 1, 2022)

All commercial establishments shall utilize one (1) of the various sizes of bins, roll-offs or other containers available through the City for the collection of non-organic waste, recyclables, green waste and other organics. The commercial establishment may utilize cart service with the Administrator's consent, and the Administrator shall otherwise establish the minimum level of required collection service pursuant to the procedures in § 6-3.201. (§ 1, Ord. 3187, eff. January 1, 2022)

All non-organic waste, recycling, green waste and other organics generated at commercial establishments shall generally be collected a minimum of one (1) time per week. Roll-off service shall generally be provided a minimum of one (1) time every fourteen (14) days if the collection material is free from putrescible material, or the container may be removed. However, in all cases, the Administrator may increase or decrease the minimum level of required collection service pursuant to the procedures in § 6-3.201. (§ 1, Ord. 3187, eff. January 1, 2022, as amended by § 3, Ord. 3213, eff. 7-21-2022)

(a) All commercial collection carts, bins, roll-offs or other containers shall be placed in an area approved by the City, which shall be easily accessible to the Integrated Waste Collector. (b) In all cases of disputes or complaints arising from or concerning the placement of carts, bins, roll-offs or other containers, a written notice shall be given to the City. In all cases of disputes or complaints, the Administrator shall designate the placement, and his or her decision shall be final. (§ 1, Ord. 3187, eff. January 1, 2022)

All new development projects utilizing commercial collection bins, rather than cart collection of non-organic waste, which: (a) Have submitted a site plan on or after September 1, 1993, for development plan review as prescribed by Title 9, Development Code; (b) Are existing development projects which will be adding thirty percent (30%) or more to the existing floor area; or (c) Are existing development projects which will be adding one thousand (1,000) square feet or more; shall meet the requirements of this section. All qualifying development projects shall include an area set aside for the provision of adequate and accessible enclosures for the storage of recyclables, non-organic waste and organics in proper containers. The design, construction and accessibility of the enclosures shall be shown on the site plan in conformance with the standards and specifications of the Integrated Waste Department, the design guidelines adopted by the City's Planning Department, and §§ 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11. (§ 1, Ord. 3187, eff. January 1, 2022)

Article 4. Rates and Provisions for Services and Billing

(a) In addition to other fees, assessments or charges provided by the Municipal Code or adopted by the City Council, the owner or occupant of any residential unit or any commercial establishment shall pay monthly integrated waste service charges as established from time to time by a resolution of the City Council. (b) The Revenue Services Department shall collect all charges authorized by the City Council pursuant to this section. (c) The City Council may require any person liable for payment of integrated waste service charges to make a reasonable, advanced payment with the Revenue Services Department as security for the payment of such charges. (d) All monies received from the collection of integrated waste shall be deposited in the integrated waste fund of the City. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) Charges for special services shall be based on actual costs of collection and disposal as determined by the Administrator. (b) The Administrator may establish charges for integrated waste collection services for special events or other special circumstances. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) Any customer may make a request for a waiver of the advanced payments required for temporary, residential and construction-site, commercial bin service, residential, roll-off service, and commercial, roll-off service. The Administrator has the authority, in his or her sole discretion, to grant a waiver of any such advanced payments. In exercising such discretion, the Administrator shall take into account the following conditions: (1) Whether the customer has maintained an active, water or integrated waste account for at least six (6) months;

(2) Whether the customer has kept the water or integrated waste account current and has a good payment history; and (3) That the weekend and construction-site bin service shall not be used by the customer for cleaning up the property for the purpose of vacating said property. (b) Any customer may request a waiver for deposit fees for residential, integrated waste services if the customer resides in a newly annexed area of the City and integrated waste service to the customer was previously provided by a solid waste enterprise. Customer shall be required to provide proof of previous service in the form of a bill in order to obtain a waiver. The Administrator has the authority, in his or her sole discretion, to grant a waiver of any such deposits. (§ 1, Ord. 3187, eff. January 1, 2022)

Eligible customers may apply for and receive a physically challenged or senior citizen's discount pursuant to § 6- 8.50. (§ 1, Ord. 3187, eff. January 1, 2022)

Physically challenged and/or elderly customers with infirmities, who do not have an able-bodied person assisting with their household or business activities, may receive set-out/set-back service for automated containers, upon written request, on the proper form to and approval by the Administrator. The request shall describe the infirmity and/or other factors, and the care they are receiving from a family member, a service provider or other assistant, for their infirmity, which require the applicant to receive such service. For those persons approved for the service, there shall be no additional charge. The applicant may be requested to re-certify to the City upon notice. If the City deems it necessary, the applicant may be required to provide proof from a physician of the physical challenge or infirmity. (§ 1, Ord. 3187, eff. January 1, 2022)

All roll-offs and compactors are limited to a maximum of twelve (12) tons. It is the customer's responsibility to ensure that the containers are not overloaded, and the load contents are balanced for safe collection. If the contents are not balanced, or excess tonnage is apparent, the City may require excess tonnage to be off-loaded by the customer prior to City collection. In the event the City hauls excess tonnage, charges for violation of weight limitations in excess of twelve (12) tons of solid waste matter per commercial roll-off shall be imposed, in addition to the existing disposal charges in effect at the time of disposal for actual weight over twelve (12) tons. (§ 1, Ord. 3187, eff. January 1, 2022)

All forms of solid waste not otherwise collected through normal, integrated waste service may be collected by the City for such charges as the Administrator shall determine as reasonable. (§ 1, Ord. 3187, eff. January 1, 2022)

The fees established by the City Council shall be billed to and paid for by the property owner; provided, however, that the owner shall have the right to reimbursement from the respective occupants or proprietor for whose benefit the charge is paid. For residential users, such fees may be billed to and paid for by the owner, occupant, tenant or lessor. Fees may be established or amended by resolution. (§ 1, Ord. 3187, eff. January 1, 2022)

The City may use a unified billing system for City-furnished services. The charges for water, integrated waste, storm water abatement and wastewater services may be billed on the water bill and collected as one (1) item. Failure to pay the amount due in full will result in penalties listed in § 1-2.07. (§ 1, Ord. 3187, eff. January 1, 2022)

Any delinquent fees are subject to the provisions of § 1-2.07. (§ 1, Ord. 3187, eff. January 1, 2022)

Article 5. Allowable Composting and Recycling, Non-Waste Disposal

(a) Notwithstanding any other provision of this chapter, residents are encouraged to compost green wastes, including grass clippings, leaves, plant trimmings, wood ashes and vegetable kitchen scraps (but not including other household refuse or animal wastes). The following conditions regarding composting must be met: (1) Compost piles or containers are located in the rear or side yard, not visible from a public street, and no greater than five (5) feet in height; (2) The compost piles or containers are at least five (5) feet from the property line or separated from adjacent property by a solid wall; (3) Compost piles are maintained so that they do not generate an offensive odor or harbor rodents; (4) The maximum size of any pile or container is five (5) feet in height by five (5) feet in width by five (5) feet in length; (5) The compost is enclosed, screened or otherwise maintained to minimize insects or pests; and (6) The pile or container shall not permit surface run-off or leachate to another property. (b) The Administrator may authorize, for educational purposes, the creation of a composting demonstration area visible to the public at a City park or other facility. (c) No composting shall be permitted at any location that is determined to be a fire hazard by the City's Fire Department. (Ord. 3216, eff. August 18, 2022)

(a) Non-Waste Dealers shall be expressly subject to all inspection, reporting, and enforcement provisions of this chapter, and all other applicable regulations, permits, charges for use, terms, and fees established by the City.

Conditions for lawfully operating as a Non-Waste Dealer shall be enforced by the City in accordance with this chapter and all applicable county, state, and federal regulations. (b) Any such Non-Waste Dealer operating at any time in the City shall furnish, at a frequency established by the City, but no less than quarterly each calendar year, a report of the amount of Non-Waste (including but not limited to all materials that would be deemed recyclables, organics, or contaminated materials if otherwise discarded as solid waste) collected from within the City. The report shall contain the weight and type of Non-Waste collected, the names and addresses of generators from which the Non-Waste was collected, and the final destination of the Non-Waste collected, as further detailed in subdivision (g) below. The report shall be submitted in a format necessary to meet state criteria. The report shall be considered late if submitted thirty (30) days after the date due. Failure to provide the report within thirty (30) days from the due date is hereby declared an infraction and subject to penalties listed in OMC § 1- 2.01. (c) All such businesses operating as a Non-Waste Dealer shall keep their collection containers in good condition and free from graffiti. Containers must be kept in a clean and sanitary condition and must be appropriately sanitized upon notification from the City. (d) Such bins, roll-offs, or other containers to collect Non-Waste by Non-Waste Dealers must be placed according to the standards set by the City. Such containers shall not be placed in the public right-of-way. The containers shall be placed in enclosure(s) which meet City standards when applicable. Separate containers for recyclables and organics shall be provided if applicable. Bins, roll-offs or other containers utilized by a Non-Waste Dealer shall be clearly identified by the name of the Non-Waste Dealer and other information the Administrator may require. The Administrator may regulate the colors and look of such containers as necessary to ensure they are distinguishable from those utilized by the City's Collector(s). (e) Bins, roll-offs, or other containers to collect Non-Waste by Non-Waste Dealers must be used exclusively for the collection of Non-Waste, as applicable. Residual material within a container other than Non-Waste regularly purchased by or donated to the Non-Waste Dealer must not exceed five percent (5%) in any container, as determined at the discretion of the Administrator. (f) Each violation of sections 6-3.502, 6-3.503, 6-3.504, 6-3.505 and 6-3.506 will be considered an infraction and subject to penalties listed in OMC § 1-2.01 and section 6-3.811 of this Code, with the exception of subdivisions (f) and (g) of Section 6-3.811. (1) Notwithstanding any language to the contrary, the obligations of Non-Waste Dealers under this chapter are effective immediately and subject to all enforcement measures, administrative penalties, and civil penalties for non- compliance with no regard to any education period or other delay. If the City determines that a Non-Waste Dealer or similar entity is not in compliance with this Article 8, it shall document the noncompliance or violation, issue a Notice of Violation, and take enforcement action pursuant to this § 6-3.811. Subdivisions (f) and (g) of this § 6-3.811 are inapplicable to Non-Waste Dealers. (g) (1) Non-Waste Dealers, including, but not limited to, scrap buyers and compostable material buyers, shall keep a record of the amount and type of Non-Waste purchased or received from any entity in any transaction as part of the Non-Waste Dealer's regular course of business. This record shall be subject to inspection by the City, and shall include, at a minimum, the following information: (i) The Non-Waste Dealer's receipts and weight tickets for any transaction. (ii) The amount of Non-Waste in cubic yards or tons, purchased by, transported by, or donated to the Non-Waste Dealer from each entity in any transaction. If the nature of the Non-Waste Dealer's business involves the purchase or receipt of Non-Waste that is not reasonably suited for recordation in cubic yards or tons (i.e. used furniture, etc.), the record shall instead reflect the number and weight of each item of Non-Waste. (iii) A general description of the type of Non-Waste collected in any given transaction.

(iv) The date of each transaction. (v) The name and contact information of each entity that sold, donated, or otherwise disposed of the Non-Waste material in a given transaction. (vi) The location to which all Non-Waste was taken or hauled in a given transaction. (2) If solid waste, recyclable materials, or organic waste is inadvertently collected in the receipt of Non-Waste, such materials are the responsibility of the Non-Waste Dealer and will be considered to have been generated by the Non-Waste Dealer as a commercial generator. In that event, all such materials shall be subject to all other applicable provisions of this chapter, including but not limited to Section 6-3.809. (3) Non-Waste Dealers shall provide all records collected pursuant to this Section to the City at a frequency determined by the City, but no less than quarterly each calendar year. Such records shall be considered late if received thirty (30) days or more after their due date, and is an infraction subject to penalties listed in OMC § 1-2.01. (h) The Administrator may issue a compliance order, whereby the Non-Waste Dealer must comply with all directives, conditions, and requirements therein within the time prescribed. The compliance order shall contain terms and conditions to ensure compliance with this chapter. The Administrator may issue citations pursuant to Sec. 6-3.811 when it is determined that a Non-Waste Dealer: (1) Fails to comply with any provision of this chapter, a City administrative order, a City compliance order, or a City compliance agreement; (2) Knowingly provides a false statement, representation, record, report, or document to the City; (3) Refuses to provide records or other documents required by the City to determine compliance with the permit or this chapter. (Ord. 3216, eff. August 18, 2022)

(a) Pursuant to § 1-4.01, any affected Non-Waste Dealer may appeal in writing to the City Council, by filing with the City Clerk a written notice of such appeal, setting forth grounds thereof. The appellant shall file such notice within fourteen (14) days after receipt of the notice of the administrative decision concerned. (b) The order of the City Council shall be deemed final upon its adoption. (c) If the Non-Waste Dealer fails to appeal to the City Council, or the City Council fails to reverse or modify the administrative decision, the Administrator's administrative decision shall be deemed final. (Ord. 3216, eff. August 18, 2022)

(a) Businesses seeking to obtain a Commercial Recycler Collection Permit shall complete and file with the City, prior to commencing collection efforts, an application on the forms prescribed by the City, and pay any applicable application fees. Any such business collecting recyclables and organics in the City shall have a business license pursuant to OMC § 3-1.105, and shall be registered with any other applicable regulatory authorities. (b) Applicants may also be required to submit information related to the applicant's anticipated destination of material and potential annual tonnages as may be requested by the City to properly evaluate the permit application. (c) The permit application may be denied if the applicant fails to establish to the City's satisfaction that the business has failed to obtain a business license, has failed to comply with the health and sanitation regulations of the City, San Bernardino County and the State of California, or if the applicant has, in the past, demonstrated an inability or unwillingness to comply with state or federal solid waste law, or the requirements set forth in this article.

(d) After evaluation of the data, the Administrator may issue a Commercial Recycler Collection Permit, subject to terms and conditions set forth in this chapter, and as otherwise determined by the Administrator to be appropriate to comply with applicable law. (§ 1, Ord. 3187, eff. January 1, 2022)

For Non-Waste collected by businesses other than the City, the property owner shall be responsible for contracting with the Non-Waste Dealer for regular pick-up and collection of the Non-Waste. Recyclables, organics, solid waste, and Non-Waste shall not be permitted to accumulate such that a visual or public health and safety nuisance is created. The City shall have the authority to abate any such nuisance and charge the property owner or Non-Waste Dealer for the expense of abating the nuisance. (Ord. 3216, eff. August 18, 2022)

No person, expressly including, but not limited to, a Non-Waste Dealer, may charge a fee or receive any compensation for the collection, transport, disposal, processing, or recycling of Non-Waste, recyclable materials, organics, or solid waste, or charge a rental fee for a container of any such material to be collected within the City. Non-Waste Dealers shall collect only those Non-Waste materials that are sold or donated by the generator thereof. Nothing in this chapter limits the right of any person to donate, sell, or otherwise dispose of his or her Non-Waste. (Ord. 3216, eff. August 18, 2022)

Article 6. Business Recycling Requirements

(a) The purpose of this article is to: (1) Promote recycling and diversion of commercial solid waste by requiring certain specified businesses, non- residential properties, commercial buildings and construction and demolition projects to divert recyclable materials from the landfill. (2) Comply with California Green Building Standards Code (CalGreen), requiring diversion of waste from specified construction and demolition projects. (3) Comply with state commercial recycling laws, requiring recycling by certain specified businesses. (4) Comply with state commercial organic waste recycling laws, requiring organic waste recycling for certain specified businesses. (b) Each violation of this article will be considered an infraction and subject to penalties listed in § 1-2.01. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) A business recycling plan shall be submitted by customers using commercial collection service and proposing to conduct the following business activity:

(1) Addition of a new development for which a site plan for development review has been submitted as prescribed by Title 9, Development Code; (2) Addition of thirty percent (30%) or more to the existing floor area of any existing development; or (3) Addition of one thousand (1,000) square feet or more to any existing development projects. (b) Submitted plans shall include, but not be limited to, the following information: (1) A written description of the projected annual waste generation rates; (2) The estimated type of generated waste by volume; (3) The measures to be taken to reduce waste; (4) The methods to be used to separate recyclable material from the waste stream and temporarily store them inside the building prior to transport to the outside storage area for collection by an authorized recycler; and (5) Identification of the proposed business used to collect or receive recycled material. (c) All customers subject to the provisions of this chapter shall submit a business recycling plan to the Administrator within thirty (30) days of receipt of written notice. Business recycling plans shall be considered complete once final approval is made by the Administrator. (d) All customers subject to the provisions of this chapter, and regardless of permit status, shall implement, at a minimum, the measures identified in the business recycling plan for reduction of waste. (e) Business recycling plans shall be updated at a frequency as determined by the City. (§ 1, Ord. 3187, eff. January 1, 2022)

Wastes going to landfill from construction and demolition activities must be minimized to the greatest extent possible by recycling, deconstruction for reuse, or by use of "green building" practices. Material targeted for recycling shall include concrete, asphalt, clean wood (unpainted or untreated), brick, metal, cardboard and sheetrock. The City Manager may modify the targeted materials based on available markets. (a) A construction and demolition recycling plan shall be submitted for conducting the following types of development activities: (1) The construction of any structure; (2) Additions or alterations of non-residential structures; (3) Additions or alterations of residential structures that increase the structure's conditioned area, volume or size. (b) In preparing the construction and demolition recycling plan, customers for building or demolition permits involving the removal of all or part of an existing structure shall consider deconstruction to the maximum extent feasible. (c) Plans may be required to be submitted on City-approved forms. Plans shall ensure the diversion of at least sixty-five percent (65%) of the total construction and demolition debris generated by the project for reuse or recycling, and shall include, but not be limited to, the following information: (1) The estimated volume or weight of the project construction and demolition debris to be generated, by materials type, the estimated volume or weight of construction and demolition debris that can feasibly be diverted for reuse or recycling, and the estimated volume or weight of construction and demolition debris that will be hauled as refuse. In estimating the volume or weight of materials identified in the construction and demolition recycling plan, the customer shall use the standardized conversion rates approved by the City for this purpose; (2) A drawing that identifies an area for the loading and collection of recyclable materials, with appropriate access for collection vehicles; (3) A description of how the materials will be separated at the source and/or recycled by utilizing the services of a processor;

(4) Identification of the recycled materials to be used in the construction or remodeling of the facility; (5) Identification of the proposed vendor or facility proposed to collect or receive recycled material; and (6) A description of green building practices in use, if any. (d) All customers with projects subject to the provisions of this chapter shall implement, at a minimum, the measures identified in the construction and demolition recycling plan, and shall demonstrate compliance with the following construction-site requirements: (1) Construction waste and demolition debris shall be removed from the construction site on a regular basis, and shall not be stored on site and in the open for a period in excess of four (4) weeks, provided that such waste is not hazardous or noxious and does not constitute a nuisance, in which case it must be appropriately secured and regularly removed from the construction site; (2) Reasonable efforts shall be demonstrated to provide for segregation of recyclable construction materials and demolition debris for diversion from landfills; and (3) Construction waste and demolition debris that may become windblown shall be containerized to prevent litter. (e) No demolition permit or building permit shall be issued for any development activity subject to this chapter, unless the construction and demolition recycling plan has been approved by the City. (f) The issuance of the certificate of occupancy will be conditional on submittal of a report that documents the construction and demolition debris recycled. The report shall be submitted to the Administrator and shall contain the following information: (1) The estimated and actual quantities of all construction waste and demolition debris listed in the construction and demolition recycling plan; (2) Copies of recycling receipts or other pertinent documentation that demonstrate waste diversion and recycling in conformance with the approved construction and demolition recycling plan. Customers shall make reasonable efforts to ensure that all construction and demolition debris diverted for recycling or hauled to a landfill are measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed by measurement on scales in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, customers shall use the standardized conversion rates approved by the City for this purpose; and (3) Any additional information the customer believes is relevant to determining its efforts to comply in good faith with this section. (§ 1, Ord. 3187, eff. January 1, 2022)

As an alternative to the sixty-five percent (65%) diversion requirement, a customer may meet the diversion requirements by ensuring that the combined weight of new construction disposal does not exceed three and four-tenths (3.4) pounds per square foot of the building area for low-rise residential structures, and two (2) pounds per square foot of building area for other structures. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) The following commercial customers shall recycle and divert from the landfill recyclable materials generated by the customer in accordance with this § 6-3.604: (1) A commercial business that generates four (4) cubic yards or more of solid waste per week;

(2) A multi-family dwelling of five (5) units or more. (b) Businesses subject to this § 6-3.604 shall arrange for recycling services from the Collector or a Non-Waste Dealer. A customer subject to this § 6-3.604 shall take at least one (1) of the following actions: (1) Source separate recyclable materials from other solid waste and subscribe to a basic level of recycling service that includes collection, self-hauling, or other arrangements for the pickup of the recyclable materials. (2) Subscribe to a recycling service that may include mixed-waste processing that yields diversion results comparable to source separation. (c) A customer meeting the conditions of § 6-3.604(a) may request an exemption from the requirements of § 6- 3.604(b) by submitting an application on a form prescribed by the Administrator. After reviewing the exemption request, the Administrator shall either approve or disapprove the exemption request. To be eligible for an exemption from requirements of this section, the business must demonstrate that: (1) There are no recyclable materials being generated by any activities of the customer; (2) There is inadequate storage space for the storage of recyclable materials; (3) There is no viable market for the recycling materials or recycling facility available. (§ 1, Ord. 3187, eff. January 1, 2022, as amended by Ord. 3216, eff. August 18, 2022)

(a) A customer meeting the conditions of § 6-3.604(a)(1) that generates four (4) cubic yards of solid waste per week shall recycle and divert from the landfill organics generated by the customer. (b) A customer subject to this section shall arrange for organics service from the Collector or a Non-Waste Dealer. A customer subject to this section shall take at least one (1) of the following actions: (1) Source separate organic waste from other solid waste and subscribe to a basic level of organics recycling service that includes collection and recycling of organics. (2) Recycle its organics onsite or self-haul its own organics for recycling. (3) Subscribe to an organics service that may include mixed-waste processing that specifically recycles organics. (c) A customer subject to this section may request an exemption from the requirements of § 6-3.605(b) by submitting an application on a form prescribed by the Administrator. After reviewing the exemption request, the Administrator shall either approve or disapprove the exemption request. To be eligible for an exemption from the requirements of § 6-3.605(b), the customer must demonstrate that: (1) There is less than one-half (½) of a cubic yard per week of organics being generated by any activities of the customer; (2) There is inadequate storage space for the storage of organics; (3) There is no viable market for the organics or organic recycling facility available. (§ 1, Ord. 3187, eff. January 1, 2022, as amended by Ord. 3216, eff. August 18, 2022)

Article 7. Reduction and Reuse Provisions

(a) In procurement of goods for the City, a preference shall be given to purchase recycled goods. Special emphasis shall be placed on the purchase of products manufactured with post-consumer recycled materials. Fitness and quality being equal, the City shall purchase recycled products instead of non-recycled products whenever available at no more than the total cost of non-recycled products. Recycled goods are defined and provided for in such state legislation as

the State Agency Buy Recycled Campaign (commencing with Cal. Pub. Con. Code § 12153) and the California Integrated Waste Management Act of 1989 (commencing with Cal. Pub. Res. Code § 40000). (b) All City departments and direct service providers to the City, as applicable, must comply with the City's Recovered Organic Waste Product procurement policy and Recycled-Content Paper procurement policy. (c) All City departments may, at their option and with purchasing concurrence, require procurement of designated recycled products or recycled products as specified in § 6-3.701(a). (d) The City shall require its contractors and consultants to use and specify recycled products in fulfilling contractual obligations whenever practicable. (e) The City shall promote the use of recycled products, publicizing its procurement policy whenever practicable. (§ 1, Ord. 3187, eff. January 1, 2022)

Article 8: Mandatory Organic Waste Disposal Reduction

(a) Single-family organic waste generators shall comply with the following requirements: (1) Shall subscribe to the City's green waste or organic waste collection services for all organic waste generated as described below in § 6-3.801(a)(2) unless exempt by § 6-3.305. The City 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 of materials and containment of materials; and, single-family generators shall adjust its service level for its collection services as requested by the City. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste through backyard residential composting pursuant to § 6-3.501, and/or using a community composting site. (2) Shall participate in the City's green waste or organic waste collection service(s) by placing designated materials in designated containers in accordance with § 6-3.203. (b) City may choose to comply with § 6-3.802 instead of this § 6-3.801. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) Single-family organic waste generators. (1) Shall be automatically enrolled in the City's integrated waste collection services in accordance with § 6-3.304 and § 6-3.307 with a minimum source separated recyclable materials service level of thirty-two (32) gallons per week, and with a minimum source separated green container organic waste service level of thirty-two (32) gallons per week, approved by the City (2) Manager or his or her designee. City shall have the authority to change this minimum required levels of service over time. City shall have the right to review the number, size, and location of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, generator shall adjust its service level for its collection services as requested by the City. (3) Shall participate in the City's three (3)-container system for source separated blue container recyclable materials, source separated green container organic materials, and gray container waste collection services. Generator participation in the collection programs requires that generators place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the 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, nor place materials designated for the green container or blue container into the gray container. (4) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste through backyard residential composting pursuant to § 6-3.501, and/or using a community composting site. (b) City may choose to comply with § 6-3.801 instead of this § 6-3.802. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) Generators that are commercial businesses, including multi-family residential dwellings, shall: (1) Subscribe to the City's three (3)-container collection services and comply with requirements of those services as described below in § 6-3.803(a)(2). The City 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 of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the City. (2) Participate in the City's three (3)-container collection services by placing source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generator shall not place materials designated for the gray container into the green container or blue container, nor place materials designated for the green container or blue container into the gray container. (3) Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors (conforming with § 6-3.803(a)(4)(i) and § 6-3.803(a)(4)(ii) below) 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 § 6-3.605(b)(2). (4) 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 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 § 18984.9(b), the containers provided by the business shall have either: (i) A body or lid that conforms with the container colors provided through the collection service provided by 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 containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (ii) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR § 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022. (5) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in § 6-3.803(a)(4) pursuant to 14 CCR § 18984.9(b). (6) To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials in

accordance with § 6-3.203, or if recycling organics onsite or self-hauling under § 6-3.605(b)(2) per the commercial businesses' instructions to support its compliance with its onsite recycling or self-haul program, in accordance with § 6-3.809. (7) Excluding multi-family residential dwellings, periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR § 18984.9(b)(3). (8) 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. (9) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes 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. (10) Provide or arrange access for the City or its agent to their properties during all inspections conducted in accordance with § 6-3.809 to confirm compliance with the requirements of this Article 8. (11) If a commercial business wants to self-haul, meet the self-hauler requirements in § 6-3.809. (12) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site. (13) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to § 6-3.806. (b) City may choose to comply with § 6-3.804 instead of this § 6-3.803. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) Commercial businesses, which includes multi-family residential dwellings, shall: (1) With the exception of self-haulers subject to § 6-3.809, be automatically enrolled in the City's three (3)- container collection services with a source separated recyclable materials service level of thirty-two (32) gallons and with a source separated green container organic waste service level of thirty-two (32) gallons, approved by the City Manager or his or her designee. The City shall have the authority to change the minimum required service levels over time. (2) With the exception of self-haulers subject to § 6-3.809, participate in the City's three (3)-container collection services by placing source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generator shall not place materials designated for the gray container into the green container or blue container, nor place materials designated for the green container or blue container into the gray container. (3) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors, for employees, contractors, tenants and customers, consistent with the City's three (3)-container collection services. The containers provided by the commercial business must have either: (i) A body or lid that conforms with the container colors provided through the collection service provided by 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 containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

(ii) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR § 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022. (4) 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 type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. (5) Excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials to the extent practical through education, training, inspection, and/or other measures. (6) Excluding multi-family residential dwellings, periodically inspect blue container, green container, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers. (7) 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. This information shall also be provided to new tenants within fourteen (14) days of occupation of the premises. (8) Provide or arrange access for the City or its agent to their properties during all inspections to confirm compliance with SB 1383 Regulations. (b) City may choose to comply with § 6-3.803 instead of this § 6-3.804. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) De minimis waivers. The City may waive a commercial businesses' obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in § 6-3.805(a)(2) below. Commercial businesses requesting a de minimis waiver shall: (1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in § 6-3.805(a)(2) below. (2) Provide documentation that either: (i) The commercial businesses' total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty (20) gallons per week per applicable container of the businesses’ total waste; or, (ii) The commercial businesses' total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten (10) gallons per week per applicable container of the businesses' total waste. (3) Notify City if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded. (4) Provide written verification of eligibility for de minimis waiver every five (5) years, if the City has approved de minimis waiver. (b) Physical space waivers. The City may waive a commercial businesses' 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 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. A commercial business or property owner 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 lacks adequate space for blue containers and/or green 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 (5) years, if the City has approved application for a physical space waiver. (c) Additional waivers. The City may provide any additional waivers of the requirements of this chapter to the extent permitted by applicable law. The City Manager or his or her designee shall be responsible for determining the grounds for the waiver, its scope, and appropriate administration. (d) Review and approval of waivers by City. Review and approval of waivers will be the responsibility of the City Manager or his or her designee. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) Tier one commercial edible food generators must comply with the requirements of this § 6-3.806 commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024. (b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this § 6-3.806, 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: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery. (3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service. (4) Allow the City's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR § 18991.4. (5) Keep records that include the following information, or as otherwise specified in 14 CCR § 18991.4: (i) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR § 18991.3(b). (ii) A copy of all contracts or written agreements established under 14 CCR § 18991.3(b). (iii) A record of the following information for each of those food recovery services or food recovery organizations: (A) The name, address and contact information of the food recovery service or food recovery organization. (B) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization. (C) The established frequency that food will be collected or self-hauled. (D) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

(d) Nothing in this article shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557, Chapter 557, Statutes of 2017. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(1): (1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food. (2) The quantity in pounds of edible food collected from each commercial edible food generator per month. (3) The quantity in pounds of edible food transported to each food recovery organization per month. (4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery. (b) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR §18991.5(a)(2): (1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food. (2) The quantity in pounds of edible food received from each commercial edible food generator per month. (3) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery. (c) Food recovery organizations and food recovery services that have their primary address physically located in the City and contract with or have written agreements with one (1) or more commercial edible food generators pursuant to 14 CCR § 18991.3(b) shall report to the City it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR § 18991.3(b) no later than December 31 annually. (d) Food recovery capacity planning. (1) Food recovery services and food recovery organizations. In order to support edible food recovery capacity planning assessments or other studies, food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified by the City. (§ 1, Ord. 3187, eff. January 1, 2022)

(a) Requirements for facility operators and community composting operations. (1) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and

activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within sixty (60) days. (2) Community composting operators, upon the City's request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within sixty (60) days. (§ 1, Ord. 3187, eff. January 1, 2022, as amended by Ord. 3216, eff. August 18, 2022)

(a) Self-haulers shall source separate all recyclable materials and organic waste generated on-site from solid waste in a manner consistent with 14 CCR §§ 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility. (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 waste. (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 that are commercial businesses (including multi-family self-haulers) shall provide information collected in § 6-3.809(c) to the City if requested. (e) A residential organic waste generator that self-hauls organic waste is not required to record information in § 6- 3.809(c) or report information in § 6-3.809(d). (§ 1, Ord. 3187, eff. January 1, 2022)

(a) City representatives and/or its designated entity, including designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, Non-Waste container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this Article 8 by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, Non-Waste Dealers, self-haulers, hauler, food recovery service, and food recovery organizations, subject to applicable laws. This section does not allow the City to enter the interior of a private residential property for inspection. (b) The regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the City's employee or its designated entity/designee 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 described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any inspection or investigation is a violation of this Article 8 and may result in penalties described in § 6-3.811. (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 Government Code Section 6250 et seq. (d) City representatives, its designated entity, and/or designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this Article, subject to applicable laws. (e) City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. (§ 1, Ord. 3187, eff. January 1, 2022, as amended by Ord. 3216, eff. August 18, 2022)

(a) Violation of any provision of this Article shall constitute grounds for issuance of a notice of violation and assessment of a fine by a Enforcement Officer. Enforcement actions under this Article are issuance of an administrative citation and assessment of a fine. The procedures in § 1.2.01 et seq. shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Article 8 and any rule or regulation adopted pursuant to this Article 8, except as otherwise indicated in this Article 8. (b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. (c) Penalty amounts for types of violations. The penalty levels are as follows: (1) For a first violation, the amount of the base penalty shall be Fifty Dollars ($50.00) to One Hundred Dollars ($100.00) per violation. (2) For a second violation, the amount of the base penalty shall be One Hundred Dollars ($100.00) to Two Hundred Dollars ($200.00) per violation. (3) For a third or subsequent violation, the amount of the base penalty shall be Two Hundred Fifty Dollars ($250.00) to Five Hundred Dollars ($500.00) per violation. (d) Factors considered in determining penalty amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range: (1) The nature, circumstances, and severity of the violation(s). (2) The violator's ability to pay. (3) The willfulness of the violator's misconduct. (4) Whether the violator took measures to avoid or mitigate violations of this chapter. (5) Evidence of any economic benefit resulting from the violation(s). (6) The deterrent effect of the penalty on the violator. (7) Whether the violation(s) were due to conditions outside the control of the violator. (e) Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to § 1-4.01 et seq. (f) Education period for non-compliance. 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 organic waste generator, self-hauler, hauler, 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 Article 8 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.

(g) Civil penalties for non-compliance. Beginning January 1, 2024, if the City determines that an organic waste 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 Article 8, it shall document the noncompliance or violation, issue a Notice of Violation, and take enforcement action pursuant to this § 6-3.811. (§ 1, Ord. 3187, eff. January 1, 2022, as amended by Ord. 3216, eff. August 18, 2022)

CHAPTER 4: HEALTH AND SAFETY CODE

CHAPTER 4: HEALTH AND SAFETY CODE

6-4.01 Adoption of Portions of Title 3 of the San Bernardino County Code 6-4.02 Definitions 6-4.03 Validity and Severability 6-4.04 Existing Law Continued 6-4.05 No Liability/No Warranty 6-4.06 Vector Control 6-4.07 Penalties 6-4.08 Adoption of the San Bernardino Code 6-4.09 Enforcement agency designated 6-4.10 Schedule and collection of fees 6-4.11 Violations; Penalty