Ontario Municipal Code Art. 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)