Chapter 8.21 — RECYCLING/AB 939 COMPLIANCE

The city is required to adhere to state mandated policies and thus is establishing citywide requirements applicable to the 1989 California Integrated Waste Management Act—Assembly Bill 939 (AB 939). This specifically includes amendment provisions for AB 341, signed into law October 2011, Recycling of Commercial Solid Waste, AB 1826, signed into law September 2014, Recycling of Organic Waste, and

Senate Bill No 1383, signed into law September 2016, Short-lived climate pollutants and any future bills signed into law under AB 939. AB 341 and AB 1826 impacting commercial businesses and multifamily dwellings with five or more units, whereas SB 1383 impacts commercial businesses, multifamily dwellings, and single family dwellings. These assembly bills are intended to increase the diversion of recyclable material and organic waste from landfill disposal, reduce greenhouse gas emissions, conserve water, energy and other natural resources, and protect the environment. This ordinance is to ensure citywide compliance of state mandated policies and document enforcement penalties to ensure full awareness.

(Ord. No. 386, § 1, 6-24-2019; Ord. No. 390, 5-11-2022)

For the purpose of this chapter, certain words and terms are defined as follows:

A.

"AB 939" means the Division 30 Waste Management in the California Public Resource Code.

B.

"AB 341" means Chapter 12.8 Recycling of Commercial Solid Waste in Part 3 of Division 30 in the California Public Resource Code.

C.

"AB 1826" means Chapter 12.9 Recycling of Organic Waste in Part 3 of Division 30 in the California Public Resource Code.

D.

"SB 1383" means Chapter 395 Short-lived climate pollutants: methane emissions: dairy and livestock: organic waste: landfills.

E.

"City" means seated council, as voted on by residents within Orange Cove City Limits, approved regulations and all businesses/residents geographically located within city limits.

F.

"Business" or "businesses" means any commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, corporation, or an association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling.

G.

"Multi-family dwelling(s)" means any residential structure used for housing, with five or more units.

H.

"Residential" or "resident(s)" means any residential structure used for single-family housing or multi-family dwelling with less than five units.

I.

"Owner" means the holder(s) of the legal title to the real property.

J

"Source separation" means to divide refuse at the place of discard generation, prior to collection, into separate containers that are designated for recyclables, organic, organic/green waste, and solid waste/trash.

K.

"Recycling program" means (1) pick-up by authorized franchise hauler, (2) self-haul directly to landfill or transfer station, (3) resale for profit to a third party, and (4) composting onsite.

L.

"Recycle" or "recycling" means source separation of: (1) recyclables, (2) organic green waste, and (3) organic food waste.

M

"Recyclable" means any material that can be sorted and reconstituted, for the purpose of using the altered form in the manufacture of a new product, as approved by the city and its authorized franchise hauler.

N.

"Organic food waste" means solid, semisolid, and liquid food waste, such as fruit, vegetables, cheese, meat, bones, poultry, seafood, bread, rice, pasta, coffee grounds and filters, and tea bags, as defined by the authorized franchise hauler.

O.

"Organic green waste" means biodegradable/compostable, such as branches, grass, floral trimmings, landscape & pruning waste, leaves, non-treated wood waste, shrubs, trees, and weeds, as defined by the authorized franchise hauler.

P.

"Organic waste" means food waste and green waste, as defined by the franchise hauler.

Q.

"Solid waste" means all materials of any kind that is not organic, organic/green, or recyclable as defined by the authorized franchise hauler.

R.

"Trash" means material that is designated for landfill disposal and does not include either recyclable or compostable materials. The term trash does not include hazardous waste material.

S.

"Franchise hauler" means the hauler that is contracted with the city by a franchise agreement and has an exclusive agreement to collect solid waste, recyclables, organic waste, electronic waste, and construction and demolition materials.

T.

"Bulky items" means discarded waste that is too large to be placed in a closed waste/recycle bin/cart, so items are not protruding out the top including, but not limited to, large appliances, furniture, carpets, mattresses, and similar large items that require special handling due to the size.

U.

"Bin" means a metal or plastic container for the collection of solid waste, organic waste, or recyclable material.

V.

"Cart" means a ninety-six-gallon plastic container used for the collection of solid waste, organic green waste, organic food waste, or recyclable material.

W.

"Contamination" means bin/cart contains material other than what is allowed, as defined by the franchise hauler.

X.

"Self-haul" means transport and disposal of solid waste, recyclable materials, organic green waste, or organic food waste at the landfill or transfer station by a member of the household where it was generated. For a business, "self-haul" means transport and disposal by an individual listed on its payroll as an employee, but not as an agent.

Y.

"Special event" means a community, public, commercial, recreational or social event which may serve food or drink, and which may require a permit from the city. Special event may include the temporary or periodic use of a public street, publicly owned site or facility, or public park.

Z.

"Food recovery" means edible food collected and redistributed to feed people in need rather than going to the landfill for disposal.

AA.

"Tier one commercial edible food generators" mean a supermarket, grocery store with a total size equal or greater than ten thousand square feet, food service provider, food distributor, or wholesale vendor.

BB.

"Tier two commercial edible food generator means" a restaurant with two hundred fifty or more seats or with a total size equal or greater than five thousand square feet, hotel with on-site food facility and two hundred or more rooms, health facility with an on-site food facility and one hundred or more beds, large venue, large event, a state agency with a cafeteria with two hundred fifty or more seats or a cafeteria with a total size equal or greater than five thousand square feet, and a local education agency with an on-site food facility.

(Ord. No. 386, § 1, 6-24-2019; Ord. No. 390, 5-11-2022)

A.

Commencing August 1, 2019, all businesses, multi-family dwellings, and residents within city limits shall adhere to state mandated laws and regulations outlined under AB 939 as well as all current and/or future amendments, i.e., AB 341, AB 1826, SB 1383, etc.

B.

Designated recyclable materials shall be source separated prior to collection, removal, transportation or disposal.

C.

Business and multi-family owners must subscribe to city approved recycling programs of (1) pick-up by approved franchise hauler, (2) self-haul, (3) resale for profit, or (4) on-site composting.

Should an owner subscribe to self-haul, resale for profit and/or on-site composting, they are required to provide quarterly/annual proof of recycling through scale tickets or arranged site visits with city personnel and/or designated representative for on-site composting.

D.

Businesses, multi-family dwellings, and residents subscribing to approved franchise hauler will be provided bins or carts based on their recycling subscription.

E.

Businesses, multi-family dwellings, and residents will recycle, by source separation, into designated bins or carts.

F.

Businesses that generate solid waste are required to subscribe to both a recyclable and organic waste recycling program.

State law determines solid waste generation requirements.

G.

Multi-family dwellings must subscribe to both recyclable and organic waste recycling programs.

H.

Residential customers must subscribe to both recyclable and organic waste recycling programs and be required to source separate materials as defined by the franchise hauler.

I.

Food waste bins shall be locked with master key held by franchise hauler and duplicate provided to business.

(Ord. No. 386, § 1, 6-24-2019; Ord. No. 390, 5-11-2022)

A.

It is unlawful for any business, multifamily dwelling, or resident to fail to comply with any provision or requirement set forth in this chapter/division, which is applicable to such business, multifamily dwelling, or resident.

(Ord. No. 386, § 1, 6-24-2019)

A.

Owners of multi-family dwellings are responsible for providing tenants with required recycling receptacles and subscribing to mandated/required recycling programs.

B.

Multi-family dwellings recycling programs available are: (1) recyclables and (2) organic waste.

C.

Owners or managers of multi-family dwellings are responsible for ensuring their tenants compliance in all recycling programs.

D.

Owners of multi-family dwellings shall provide a location for placement of communal recycling containers that are convenient for tenants and approved by the director of public works and/or their designated representative.

E.

Owners and/or property managers shall provide tenants documented instructions about their subscribed recycling programs and the requirement to source separate.

F.

All multi-family dwelling properties shall ensure carts are stored at their approved location at all times other than service day (Section 8.20.040).

(Ord. No. 386, § 1, 6-24-2019; Ord. No. 390, 5-11-2022)

A.

Commercial businesses are required to subscribe to approved recycling programs.

B.

Commercial recycling programs available are: (1) recyclables, (2) organic food waste and (3) organic green waste.

Recycling program subscriptions are based on guidelines set by the State of California. Assessment by the franchise hauler will determine the recycling program a business is required to subscribe to.

C.

Business owners are responsible for ensuring their employees compliance in all recycling programs.

D.

Owners and/or businesses shall provide a location for placement of recycling container(s) approved by the director of public works and/or their designated representative.

E.

Businesses shall provide all employees documented instructions about their subscribed recycling programs and the requirement to source separate.

(Ord. No. 386, § 1, 6-24-2019; Ord. No. 390, 5-11-2022)

A.

Owners of residential dwellings shall subscribe to approved recycling programs.

B.

Residential recycling programs available are: (1) recyclables, (2) organic waste.

C.

Owners and/or property managers of residential dwellings shall provide tenants documented instructions about their subscribed recycling program and the requirement to source separate.

D.

All residential properties that utilize ninety-six-gallon blue recycling and green waste carts for curbside service shall ensure carts are stored at their approved location at all times other than service day (Section 8.20.040).

(Ord. No. 386, § 1, 6-24-2019; Ord. No. 390, 5-11-2022)

A.

Special event recycling will be determined as part of the application approval process by the department of public works.

B.

Coordinators of special events may be required to temporarily subscribe to a recycling program. Subscription should cover: (1) setup, (2) event, and (3) teardown.

C.

Recycling programs available are: (1) recyclables and (2) organic food waste.

The required subscription is based on what is offered at event, i.e., if there is no food being offered, then subscription to the organic food waste recycling program is not required.

D.

Coordinators of special events must have enough receptacles to cover the venue adequately.

(Ord. No. 386, § 1, 6-24-2019; Ord. No. 390, 5-11-2022)

A.

All construction and demolition projects shall adhere to Chapter 15.32, Construction and Demolition Materials Management.

(Ord. No. 386, § 1, 6-24-2019)

A.

Businesses, multi-family dwellings, and/or residents that elect to self-haul recyclables and/or organic waste will be required to provide proof, such as scale tickets, on a quarterly/annual basis to prove compliance to recycling programs. Scale tickets shall include the material collected and the amount received in cubic yards or tons. Should the material be taken to a location that does not have scales or is incapable of weighing the self-haulers vehicle, then the self-hauler is required to keep a record, with the date, of the entity that received the material.

(Ord. No. 390, 5-11-2022)

Editor's note— Ord. No. 390, adopted May 11, 2022, renumbered the former § 8.21.100 as § 8.21.120 and enacted a new § 8.21.100 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A.

Commercial edible food generators shall recover the maximum amount of edible food for distribution to food recovery organizations that accept edible food. A large venue or event operator that does not provide food services, but allows food to be provided shall arrange for edible food to be collected and distributed to food recovery organizations that accept edible food.

B.

Any edible food generator that intentionally spoils edible food capable of recovery will be subject to citation and fees.

(Ord. No. 390, 5-11-2022)

Editor's note— Ord. No. 390, adopted May 11, 2022, renumbered the former § 8.21.110 as § 8.21.130 and enacted a new § 8.21.110 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A.

Blue recycling containers for recyclable material containing any unrecyclable material, as determined by the franchise hauler, may be subject to receiving a citation for contamination and subject to fees.

B.

Green recycling containers for organic food and organic green waste containing any unrecyclable material, as determined by the franchise hauler, may be subject to receiving a citation of contamination and subject fees.

C.

Black/grey trash containers for trash containing recyclables and/or organic waste, as determined by the franchise hauler, may be subject to receiving a citation of contamination and subject to fees.

D.

Recycling bins and carts may be subject to contamination citations and fees.

E.

Contamination of blue or green recycling and black/grey trash containers will be determined by the franchise hauler at time of service and documented with pictures.

F.

When a black/grey trash, blue recyclable, and/or green organic waste container has been deemed contaminated:

Franchise hauler will not dump container on first and second consecutive occurrences to allow customer until next service day to correct.

a.

Customer will be issued a citation advising of contamination and fees for additional contaminations.

b.

Franchise hauler will document, with pictures, contaminated container for all occurrences.

Franchise hauler will dump container on third consecutive occurrence and apply contamination fee.

Occurrence and citation will be retained on customer's account.

G.

When an organic waste container has been deemed contaminated:

Franchise hauler will dump contaminated container on the scheduled service day or no later than the next business day, subject to franchise hauler discretion.

For the first occurrence within a ninety-day period, customer will be issued a citation advising of contamination and fees for additional contaminations.

Multiple occurrences within a ninety-day period will be subject to citation and additional fees.

(Ord. No. 386, § 1, 6-24-2019; Ord. No. 390, 5-11-2022)

Editor's note— Ord. No. 390, adopted May 11, 2022, amended § 8.21.120 and in doing so changed the numbering of said section from 8.21.100 to 8.21.120 and changed the title of said section from "Contaminated recycling containers" to "Contaminated containers," as set out herein.

Any person, firm or corporation violating any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished accordingly, as set forth in Section 1.24.010 of this code.

(Ord. No. 386, § 1, 6-24-2019; Ord. No. 390, 5-11-2022)

Editor's note— See editor's note at § 8.21.110.