Orange County Municipal Code Art. 4 Organic Waste Disposal Reduction

Orange County finds and declares:

(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

(b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program.

(c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.

(d) Senate Bill (SB) 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.

(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.(f) Therefore, in its effort to protect the environment, extend County landfill life and comply with State law as it pertains to recycling and organics reduction, the County adopts this Article 4 of the Orange County Codified Ordinances to enable it to enforce State mandated recycling and organics reduction laws.

(Ord. No. 21-011, 11-16-21)

Unless otherwise provided, the terms found in this Article 4 shall follow the SB 1383 definitions provided in 14 CCR Section 18982.

(Ord. No. 21-011, 11-16-21)

Single-family organic waste generators shall comply with the following requirements except Single-Family generators that meet the Self-Hauler REQUIREMENTS in Section 4-3-208 of this ordinance:

(a) Shall subscribe to County's Organic Waste collection services for all organic waste generated as described below in Section 4-3-202(b). County 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 County. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

(b) Shall participate in the County's Organic Waste collection service(s) by placing designated materials in designated containers as described below and shall not place prohibited container contaminants in collection containers.

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 Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

(Ord. No. 21-011, 11-16-21)

Generators that are commercial businesses, including multi-family residential dwellings, shall:

(a) Subscribe to County's three (3), or three-plus, container collection services and comply with requirements of those services as described below in Section 4-3-203(b), except commercial businesses that meet the self-hauler requirements in Section 4-3-208. County 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 County.

(b) Except commercial businesses that meet the self-hauler requirements in Section 4-3-208, participate in the County's Organic Waste collection services by placing designated materials in designated containers as described below.

(1) Generator shall place Source Separated Green Container Organic Waste, excluding food waste in the Green Container, Source Separated Food Waste in a separate 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.

(c) Supply and allow access to adequate number, size and location of indoor collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with County's Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with Section 4-3-208.

(d) Excluding multi-family residential dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one (1) type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

(1) A body or lid that conforms with the container colors provided through the collection service provided by County, 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.

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

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

(f) 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 per the County's Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 4-3-208.

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

(h) 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.

(i) 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.

(j) Provide or arrange access for County or its agent to their properties during all inspections conducted in accordance with Section 4-3-209 to confirm compliance with the requirements of this article.

(k) Accommodate and cooperate with County's Remote Monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance. The remote monitoring program shall involve installation of remote monitoring equipment on or in the Blue Containers, Green Containers, and Gray Containers.

(l) At commercial business's option and subject to any approval required from the County, implement a remote monitoring program for inspection of the contents of its Blue Containers, Green Containers, and Gray Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the Blue Containers, Green Containers, and Gray Containers subject to written notification to or approval by the County or its Designee.

(m) If a commercial business wants to self haul, meet the self-hauler requirements in Section 4-3-234 of this ordinance.

(n) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

(o) Commercial businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with food recovery requirements, pursuant to Section 4-3-206.

(Ord. No. 21-011, 11-16-21)

The Director may grant waivers to the requirements of this article as may be authorized by SB 1383 Regulations.

(Ord. No. 21-011, 11-16-21)

(a) Tier One Commercial Edible Food Generators must comply with the requirements of this section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

(b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

(c) Commercial Edible Food Generators shall comply with the following requirements:

(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.

(2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (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 County's Enforcement Officer or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

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

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

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

(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:

(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.

(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.

(iii) The established frequency that food will be collected or self-hauled.

(iv) 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 ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 21-011, 11-16-21)

(a) Food Recovery Services collecting or receiving edible food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects edible food.

(2) The quantity in pounds of edible food collected from each Commercial Edible Food Generator per month.

(3) The quantity in pounds of edible food transported to each Food Recovery Organization per month.

(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports edible food to for food recovery.

(b) Food Recovery Organizations collecting or receiving edible food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives edible food.

(2) The quantity in pounds of edible food received from each Commercial Edible Food Generator per month.

(3) The name, address, and contact information for each Food Recovery Service that the organization receives edible food from for food recovery.

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

(d) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the County and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the County the total pounds of edible food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).

(e) 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 conducted by the County, Food Recovery Services and Food Recovery Organizations operating in the County shall provide information and consultation to the County, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the County and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the County shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified by the County.

(Ord. No. 21-011, 11-16-21)

(a) Requirements for haulers.

(1) Exclusive and non-exclusive franchise haulers providing residential, commercial, or industrial organic waste collection services to generators within the County shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the County to collect organic waste:

(A) Through written notice to the County annually on or before January 1, 2022, identify the facilities to which they will transport organic waste including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste.

(B) Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

(C) Obtain approval from the County to haul organic waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, and County's Construction and Demolition recycling program.

(2) Exclusive and non-exclusive franchise haulers authorization to collect organic waste in the County unincorporated areas shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into with County.

(b) 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 County 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 County shall respond within sixty (60) days.

(2) Community Composting operators, upon County request, shall provide information to the County 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 County shall respond within sixty (60) days.

(Ord. No. 21-011, 11-16-21)

(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 Sections 18984.1 and 18984.2, or shall haul organic waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

(b) Self-haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, self-haulers may haul organic waste to a High Diversion Organic Waste Processing Facility.

(c) Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the County. 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 Section 4-3-208(c) to County if requested.

(e) A residential Organic Waste Generator that self hauls organic waste is not required to record or report information in Sections 4-3-208(c) and (d).

(Ord. No. 21-011, 11-16-21)

(a) County Enforcement Officer and/or Designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, commercial businesses (including multi-family residential dwellings), property owners, Commercial Edible Food Generators, haulers, self-haulers, Food Recovery Services, and Food Recovery Organizations - "Regulated Entity", subject to applicable laws. This section does not allow County to enter the interior of a private residential property for inspection.

(b) A regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the County's Enforcement Officer and/or 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 of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment; or (ii) access to records for any inspection or investigation is a violation of this ordinance and may result in penalties described.

(c) County Enforcement Officer and/or Designee are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.

(Ord. No. 21-011, 11-16-21)

(a) Violation of any provision of this article shall be deemed an infraction and shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a County Enforcement Officer or Designee. Enforcement actions under this ordinance are issuance of an administrative citation and may include assessment of a fine. The County's procedures on imposition of administrative fines (OCCO Title 1, Article 2, Subarticle 2, Section 1-1-40.2 et seq.) are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.

(b) Responsible Entity for Enforcement.

(1) Enforcement pursuant to this Article 4 may be undertaken by the Enforcement Officer as provided in OCCO 1-1-40.2(d).

(c) Process for Enforcement.

(1) County Enforcement Officer and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an inspection program (that may include remote monitoring).

(2) County may issue an official notification to notify regulated entities of its obligations under this article.

(3) For incidences of Prohibited Container Contaminants found in containers, County will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within five (5) days after determining that a violation has occurred.

(4) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, County shall commence an action to impose penalties, via an administrative citation and fine, as provided in 4-3-210(e).

Notices shall be sent to property owner at the official address of the owner maintained by the tax collector for the County or if no such address is available, to the property owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information.

(e) Notice of Violation Penalty Amounts. Penalties are subject to fines as provided in California Government Code Section 25132.(f) 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 or whether to prosecute as a misdemeanor, infraction or other available legal remedy:

(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.

(g) Compliance Deadline Extension Considerations. The County may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this Article if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable.

(h) Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with County's procedures in the County's codes for appeals of administrative citations (OCCO Sec. 1-1-40.10). Evidence may be presented at the hearing. The County will appoint a hearing officer who shall conduct the hearing and issue a final written order.

(i) Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, the County Enforcement Officer or Designee will conduct inspections, remote monitoring, route reviews or waste evaluations, and Compliance reviews, to determine compliance. If County determines that a regulated entity is not in compliance, County will provide educational materials to the entity describing its obligations under this ordinance 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.

(j) Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the County determines that a regulated entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this article, as needed.

(k) Enforcement Table.

Table 1. List of Violations

(Ord. No. 21-011, 11-16-21)

This ordinance shall be effective commencing on January 1, 2022.

(Ord. No. 21-011, 11-16-21)