Chapter 8.30

This chapter is entitled "Organic Waste Disposal Reduction Ordinance." (Ord. 13-21, 2021)

Single-family organic waste generators, except single-family generators that meet the self-hauler requirements in Section 8.29.040 of this title, shall comply with the following requirements:

• A. Shall subscribe to the City's organic waste collection services for all organic waste generated as described in subsection B below. 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 on site, and/or using a community composting site pursuant to 14 CCR 18984.9(c).

• B. Shall participate in the City's organic waste collection service(s) by placing designated materials in designated containers as described herein, and shall not place prohibited container contaminants in collection containers. On or before the earlier of January 1, 2036 or the replacement of the applicable container, 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. 13-21, 2021)

Generators that are commercial businesses shall:

• A. Excluding commercial businesses that meet the self-hauler requirements in Section 8.29.040 of this title, subscribe to the City's three-container collection services and comply with requirements of those services as described in subsection B below. 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.

• B. Excluding commercial businesses that meet the self-hauler requirements in Section 8.29.040 of this title, participate in the City's organic waste collection service(s) by placing designated materials in designated containers as described herein. On or before the earlier of January 1, 2036 or the replacement of the applicable container, 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

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City of Orange, CA

HEALTH AND SAFETY

§ 8.30.030

§ 8.30.030

container into the green container or blue container.

• C. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (D)(1) and (D)(2) below) for employees, contractors, tenants, and customers, consistent with City's blue container, green container, and gray container collection service or, if self-hauling, per the commercial business's instructions to support its compliance with its self-haul program, in accordance with Section 8.29.040 of this title.

• 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 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:

  1. 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.

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.

   3. Pursuant to 14 CCR 18984.7, a commercial business is not required to replace functional containers that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Pursuant 14 CCR18984.8, the container labeling requirements are required on new containers commencing January 1, 2022, with all containers to be labeled by January 1, 2036.

• E. Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in subsection D above, pursuant to 14 CCR 18984.9(b).

• F. Excluding multi-family residential dwellings, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the City's blue container, green container, and gray container collection service or, if self-hauling, per the commercial business's instructions to support its compliance with its self-haul program, in accordance with Section 8.29.040.

• 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 18984.9(b)(3).

• H. Annually provide information to employees, contractors, tenants, and customers about

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City of Orange, CA

ORANGE CODE

§ 8.30.030

§ 8.30.040

organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.

• I. Provide education information to new tenants within 14 days of occupation of the premises 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 the City or its agent to their properties during all inspections conducted in accordance with Section 8.30.090 of this chapter to confirm compliance with the requirements of this chapter.

• K. If a commercial business wants to self-haul, meet the self-hauler requirements in Section 8.30.080 of this chapter.

• L. Nothing in this section prohibits an organic waste generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR 18984.9(c).

• M. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.30.050.

• (Ord. 13-21, 2021)

• A. De Minimis Waivers. A City may waive a commercial business's obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection (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 subsection (A)(2) below.

  2. Provide documentation that either:

     • a. The commercial business's total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business's total waste; or,

     • b. The commercial business's total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per applicable container of the business's 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 years.

• B. Physical Space Waivers. The City may waive a commercial business's or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the

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City of Orange, CA

HEALTH AND SAFETY

§ 8.30.040

§ 8.30.050

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 of this chapter.

A commercial business or property owner requesting a physical space waiver shall:

1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (B)(2) below.

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 of eligibility for physical space waiver every five years.

• C. Review and Approval of Waivers by City. Review and approval of waivers will be performed by the City Enforcement Official.

• (Ord. 13-21, 2021)

• 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 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 of.

  2. Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

  3. 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:

     • 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 18991.3(b).

     • b. A copy of all contracts or written agreements established under 14 CCR

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City of Orange, CA § 8.30.050

ORANGE CODE

§ 8.30.060

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.

  • 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. A reasonable estimate of the food collected or self-hauled to a food recovery service or food recovery organization for food recovery, measured in pounds recovered per month or other identifiable means of quantification.

• D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, the California Retail Food Code, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017.

• (Ord. 13-21, 2021)

• 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. A reasonable estimate of the food collected from each commercial edible food generator per month, measured in pounds recovered or other identifiable means of quantification.

  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 receiving edible food from the food recovery service.

• 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. A reasonable estimate of the edible food received from each commercial edible food generator per month, measured in pounds received or other identifiable means of quantification.

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City of Orange, CA

HEALTH AND SAFETY

§ 8.30.060

§ 8.30.070

• C. Food recovery organizations collecting or receiving edible food directly from a food recovery service shall maintain a record of the name, address, and contact information for each such food recovery service.

• D. Food recovery organizations and food recovery services with a primary address in the City, that have contracts or written agreements with one or more commercial edible food generators pursuant to 14 CCR 18991.3(b), shall report to the City no later than March 31 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 a contract or written agreement with pursuant to 14 CCR 18991.3(b).

• E. Food Recovery Capacity Planning. Food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City, within 60 days after request, regarding existing, or proposed new or expanded food recovery capacity that could be accessed by the City and its commercial edible food generators.

• (Ord. 13-21, 2021)

• A. Requirements for Hauler(s).

  1. The City's franchised waste hauler providing residential, commercial, or industrial organic waste collection services to generators within the City's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect organic waste:

     • a. Provide written report to the City annually, identifying the facilities to which it 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.

  2. The City's franchised waste hauler's obligation to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with City as defined by state law or the franchise agreement, whichever is more stringent.

• 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 publiclyowned treatment works shall, upon City request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.

  2. Community composting operators, upon City 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

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City of Orange, CA

ORANGE CODE

§ 8.30.070

§ 8.30.090

composting operation. Entities contacted by the City shall respond within 60 days. (Ord. 13-21, 2021)

• A. Self-haulers shall source separate all recyclable materials and organic waste (materials that City otherwise requires generators to separate for collection in the City's organics and recycling collection program) 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 as specified in 14 CCR 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 City. The records shall include the following information:

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

  2. A reasonable estimate of the amount of material transported by the generator to each entity, measured in cubic yards, tons, or other identifiable means of quantification.

  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. A residential organic waste generator that self-hauls organic waste is not required to record or report information in subsection C above.

• (Ord. 13-21, 2021)

• A. The City is authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or facility for materials collected from generators or source separated materials to confirm compliance with this chapter 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, subject to applicable laws. This section does not allow City to enter the interior of a private residential property for inspection.

• B. Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the City during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter. Failure to provide or arrange

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City of Orange, CA

HEALTH AND SAFETY

§ 8.30.090

§ 8.30.100

for access to an entity's premises or access to records for any inspection or investigation is a violation of this chapter and may result in penalties described herein.

• 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 Section6250 et seq.

• D. City shall accept written complaints, including anonymous complaints, from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations.

• (Ord. 13-21, 2021)

Enforcement of this chapter shall be as provided in Section 8.28.030 of this title. (Ord. 13-21, 2021)

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City of Orange, CA § 8.31.010

HEALTH AND SAFETY

§ 8.31.030