Article II — MANDATORY REDUCTION REQUIREMENTS

For the purposes of this article, the following words, terms, phrases, and their derivations have the meanings given herein. Terms defined elsewhere in the municipal code shall have the same meanings herein unless expressly defined in this article. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number.

"Authorized contractor" or "contractor" is defined at Section 8.08.040.

"Blue container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials (non-organic recyclable material = glass, metal, and plastic) or source separated blue container organic waste (organic recyclable material such as clean paper and cardboard).

"CalRecycle" means California's Department of Resources Recycling and Recovery, and any successor agencies, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on cities (and others).

"California Code of Regulations" or "CCR" is defined at Section 8.08.040.

"Commercial business" or "commercial" is defined at Section 8.08.040.

"Commercial edible food generator" includes a tier one, or a tier two commercial edible food generator as defined in Sections 8.08.260 and 8.08.270 of this article or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

"Compliance review" means a review of records by the town to determine compliance with this section.

"Community organic waste" means any activity that creates organic waste green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and organic waste on-site at any one time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

"Compost" is defined at Section 8.08.040.

"Compostable plastic" or "compostable plastics" means plastic materials that meet the ASTM D6400 standard for composability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1) (C).

"Container" or "containers" is defined at Section 8.08.040.

"Container contamination" or "contaminated container" means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

"Construction and demolition debris" or "C&D" is defined at Section 8.08.040.

"Designee" means an entity that the town contracts with or otherwise arranges to carry out any of the town's responsibilities of this section as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.

"Direct service provider" means a person, company, agency, district, or other entity that provides a service or services to the town pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).

"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not MSW if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Article 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

"Enforcement action" means an action of the town to address non-compliance with this article including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"Excluded waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the town and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in class III landfills or accepted at the facility by permit conditions, waste that in the town's, or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose town, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family MSW after implementation of programs for the safe collection, processing, recycling,

treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, electronic waste, and/or latex paint when such materials are defined as allowable materials for collection through the town's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by town or its designee for collection services.

"Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

"Food facility" means a commercial & business establishment that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption.

"Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

"Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

A food bank as defined in Section 113783 of the Health and Safety Code;

A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and,

A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Article 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

"Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Article 12 pursuant to 14 CCR Section 18982(a)(7).

"Food scraps" means all surplus, spoiled or unsold food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, eggshells and solid fats, oils and grease.

"Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

"Food-soiled paper" is organic wastepaper material that has come in contact with food or liquid, such as, but not limited to, organic wastepaper plates, paper coffee cups, napkins, pizza boxes, coffee filters, tea bags, wax paper, butcher paper and waxed cardboard, paper take out boxes, paper egg cartons, and milk cartons.

"Food waste" means food scraps.

"Gray container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste.

"Gray container waste" means MSW that is collected in a gray container that is part of a three (3) container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

"Green container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

"Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

"Hauler route" means the designated daily, weekly, etc. itinerary or sequence of stops for each segment of the town's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

"High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty (50) percent between January 1, 2022 and December 31, 2024, and seventy- five (75) percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a) (11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

"Inspection" is defined at Section 8.08.040.

"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.

"Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this article and implementation of 14 CCR, Division 7, Article 12, a venue facility includes, but

is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this article and implementation of 14 CCR, Division 7, Article 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition in 13 CCR Section 18982(a)39 shall apply to this section.

"Local education agency" means a school district, charter school, or county office of education that is not subject to the control of town or county regulations related to MSW, or as otherwise defined in 14 CCR Section 18982(a)(40).

"Multi-family complex" is defined at Section 8.08.040.

"Municipal MSW" or "MSW" is defined at Section 8.08.040.

"MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Article 2.7.

"Non-organic waste paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the organic waste process, or as otherwise defined in 14 CCR Section 18982(a)(41).

"Non-local entity" means the following entities that are not subject to the town's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

State agencies located within the boundaries of the town, including all public-school locations.

"Non-organic recyclable material" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

"Notice of violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

"Organic waste" means MSW containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

"Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

"Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

"Printing and writing papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

"Prohibited container contaminants" means the following:

Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the town blue container.

Discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the town green container.

Discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in town green container and/or blue container; and

Excluded waste placed in any container.

"Recovered organic waste products" means products made from state landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

"Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

"Recycled-content paper" means paper products and printing and writing paper that consists of at least thirty (30) percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a) (61).

"Recyclable materials" is defined at Section 8.08.040.

"Regional agency" means regional agency as defined in Public Resources Code Section 40181.

"Regional or county agency enforcement officer" means a regional or county agency enforcement officer, designated by the town with responsibility for enforcing this ordinance in conjunction or consultation with the town enforcement officer or town designee.

"Renewable gas" means gas derived from organic waste that has been diverted from a state landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on- premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

"Route review" means a visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Article

Single-family organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in Section 8.08.290 of this article:

A.

Shall subscribe to the town's MSW, recycling and organic waste collection services for all MSW, recycling, and organic waste generated as described below in subsection B. Single-family MSW, recycling, and organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in Section 8.08.290 of this article.

B.

Shall participate in the town's MSW, recycling, and 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 material, including food scraps and yard waste, in the green container; source separated recyclable materials in the blue container; and gray container MSW in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

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

A.

Subscribe to town's three (3) container collection services and comply with requirements of those services as described below in subsection 8.08.240B, except commercial businesses that meet the self-hauler requirements in Section 8.08.290 of this article. Town 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 town.

B.

Except commercial businesses that meet the self-hauler requirements in Section 8.08.290 of this article, participate in the town's MSW, recycling and organic waste collection service(s) by placing designated materials in designated containers as described below.

Generator shall place source separated green container organic waste material including food scraps and yard waste, in the green container; source separated recyclable materials in the blue container; and gray container MSW in the gray container. Generators 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 collection containers with sufficient labels or colors (conforming with subsections 8.08.240D1 and D2 below) for employees, contractors, tenants, and customers, consistent with town'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 8.08.290.

D.

Excluding multi-family complexes, 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 Section 18984.9(b), the containers provided by the business shall have either:

A body or lid that conforms with the container colors provided through the collection service authorized by town, 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.

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 complexes are not required to comply with container placement requirements or labeling requirements in subsection 8.08.240D pursuant to 14 CCR Section 18984.9(b).

F.

To the extent practical through education, training, inspection, and/or other measures, excluding multi- family complexes, prohibit employees from placing materials in a container not designated for those materials per the town'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 8.08.290.

G.

Excluding multi-family complexes, 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 wastes and source separated blue cart 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 blue container 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 town, its agent or designee to their properties during all inspections conducted in accordance with Section 8.08.330 of this article to confirm compliance with the requirements of this article.

K.

If a commercial business wants to self-haul, meet the self-hauler requirements in Section 8.08.290.

L.

Nothing in this section prohibits a generator from preventing or reducing MSW generation, managing organic wastes on site, or using a community composting site pursuant to 14 CCR Section 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 8.08.260.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

A.

De Minimis Waivers. The town may waive a commercial business' obligation (including multi-family complexes) to comply with some or all of the organic waste requirements of this article if the commercial business can demonstrate and certify to the satisfaction of the town compliance officer or his or her designee that such organic waste collection service is not needed because the owner or occupant satisfies any of the following criteria:

Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection 8.08.250A2 below.

Provide documentation that either:

a.

The commercial business' total MSW 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 business' total waste; or,

b.

Commercial business' total MSW 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 business' total waste.

Notify the town if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

Provide written verification of eligibility for de minimis waiver every five (5) years if the town has approved de minimis waiver.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

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:

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

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.

Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

Allow town's town compliance officer or designee to access the premises and review records pursuant to 14 CCR Section 18991.4.

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.

No later than March 31 of each year, commencing no later than February 1, 2023, for tier one commercial edible food generators and February 1, 2025, for tier two commercial edible food generators, provide an annual food recovery report to the town that includes the following information:

a.

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

b.

The quantity of food, measured in annual pounds recovered, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

c.

The name, address and contact information of the food recovery service or food recovery organization.

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 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Article 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. 619, §§ 1, 2, 7-12-2022)

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 Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

The quantity in pounds of edible food collected from each commercial edible food generator per month.

The quantity in pounds of edible food transported to each food recovery organization per month.

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):

The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

The quantity in pounds of edible food received from each commercial edible food generator per month.

The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

C.

No later than March 31 of each year, commencing March 31, 2023, food recovery organizations and food recovery services that have their primary address physically located in the town 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 town 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).

D.

Food recovery capacity planning. In order to support edible food recovery capacity planning assessments or other studies conducted by the town or its designee, food recovery services and food recovery organizations operating in the town shall provide information and consultation to the town, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the town and its commercial edible food generators. A food recovery service or food recovery organization

contacted by the town shall respond to such request for information within sixty (60) days unless a shorter timeframe is otherwise specified by the town.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

A.

Requirements for Haulers.

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

a.

Through written notice to the town annually on or before April 1 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, Article 12, Article 2.

c.

Obtain approval from the town 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, this section, and town's C&D ordinance.

Exclusive franchised hauler authorized 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 the town.

B.

Requirements of Facility Operators and Community Composting Operations.

Owners of facilities, operations, and activities that recover MSW, recycling and organic waste, including, but not limited to, landfills, material recovery facilities, transfer stations, compost facilities, in-vessel

digestion facilities, and publicly owned treatment works shall, upon town 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 town shall respond within sixty (60) days.

Community composting operators, upon town request, shall provide information to the town 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 town shall respond within sixty (60) days.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

A.

Self-haulers shall source separate all recyclable materials and organic waste (materials that town otherwise requires generators to separate for collection in the town's recycling materials and organic waste collection program) generated on-site from MSW 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 MSW 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 complexes) shall keep a record of the amount of organic waste delivered to each MSW facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the town. The records shall include the following information:

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

The amount of material in cubic yards or tons transported by the generator to each entity.

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 subsection 8.08.290C to town, if requested.

E.

A residential organic waste generator that self-hauls organic waste, as described in Section 8.08.290 is not required to record or report information in subsection 8.08.290C and D.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

A.

Direct service providers of landscaping maintenance, renovation, and construction shall:

Use organic waste and SB 1383 eligible mulch, as practicable, produced from recovered organic waste, for all landscaping renovations, construction, or maintenance performed for the town, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 eligible mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5) (A)(1) through (3).

Keep and provide records of procurement of recovered organic waste products (either through purchase or acquisition) to town, upon completion of projects. Information to be provided shall include:

a.

General description of how and where the product was used and if applicable, applied.

b.

Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the recovered organic waste products were procured.

c.

Type of product.

d.

Quantity of each product; and,

e.

Invoice or other record demonstrating purchase or procurement.

B.

All vendors providing paper products and printing, and writing paper shall:

If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty (30) percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items or at a total cost of no more than ten (10) percent of the total cost for non-recycled items.

Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the town. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the town is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).

Provide records to the town's recovered organic waste product procurement recordkeeping staff, in accordance with the town's recycled-content paper procurement policy(ies) of all paper products and printing and writing paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the town. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required [by this article] for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non- recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

A.

Persons applying for a permit from the town for new construction, building additions, and alternations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent than the requirements of this section, the CALGreen requirements shall apply.

B.

Project applicants shall refer to town's building division for complete CALGreen requirements.

C.

For projects covered by CALGreen, the applicants must, as a condition of the town's permit approval, comply with the following:

Where five (5) or more multi-family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three (3) container collection program offered by the town, or comply with provision of adequate space for recycling for multi-family complexes and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

New commercial construction or additions resulting in more than thirty (30) percent of the floor area shall provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three (3) container collection program offered by the town, or shall comply with provision of adequate space for recycling for multi-family complexes and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with town's C&D ordinance, Chapter 15.01 of this code, and all written and published town policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

A.

Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the town, who are constructing a new single-family, multi-family, public, institutional, or commercial project with a landscape area greater than five hundred (500) square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred (2,500) square feet, shall comply with 23 CCR, Division 2, Article 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of organic waste and mulch as delineated in this section.

B.

The following compost and mulch use requirements that are part of the MWELO are now also included as requirements of this section.

C.

Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection 8.08.320A above shall:

Comply with Sections 492.6 (a)(3)(B)(C)(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:

a.

For landscape installations, compost at a rate of a minimum of four (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six (6) percent organic matter in the top six (6) inches of soil are exempt from adding compost and tilling.

b.

For landscape installations, a minimum three (3) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five (5) percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

c.

Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in this section shall consult the full MWELO for all requirements in 23 CCR, Division 2, Article 2.7.

D.

If, after the adoption of this article, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Article 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires the town to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Article 2.7 shall be enforced.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

A.

Town enforcement officer and/or its designated entity, including 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 section by organic waste generators, commercial businesses (including multi-family complexes), property owners, commercial edible food generators, authorized contractors, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow town 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 town'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 of this article described herein. Failure to provide or arrange for:

Access to an entity's premises; or

Access to records for any inspection or investigation is a violation of this ordinance and may result in penalties described.

C.

Any records obtained by a town 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.

Town 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 ordinance, subject to applicable laws.

E.

Town shall receive written complaints from persons regarding an entity that may be potentially non- compliant with SB 1383 Regulations, including receipt of anonymous complaints.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

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 town compliance officer or designee. Enforcement actions under this article are issuance of an administrative citation and assessment of a fine. The town's procedures on imposition of administrative fines set forth in Chapter 1.09 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 article and any rule or regulation adopted pursuant to this article, except as otherwise indicated in this article.

B.

Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. Town may pursue civil actions in the state courts to seek recovery of unpaid administrative citations. Town may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of town staff and resources.

C.

Responsible Entity for Enforcement.

Enforcement pursuant to this article may be undertaken by the town compliance officer, which may be the town manager or their designated entity, legal counsel, or combination thereof.

Enforcement may also be undertaken by a regional or county agency enforcement officer, designated by the town, in consultation with town compliance officer.

a.

Town compliance officer(s) and regional or county agency enforcement officer will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and,

determine if compliance standards are met.

b.

Town compliance officer(s) and regional or county agency enforcement officer may issue notices of violation(s).

D.

Process of Enforcement.

Town compliance officers or regional or county enforcement officers and/or their designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 8.08.340 establishes town's right to conduct inspections and investigations.

Town may issue an officer notification to notify regulated entities of its obligations under the ordinance.

Town shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.

Absent compliance by the respondent within the deadline set forth in the notice of violation, town shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the town's administrative citation ordinance in Chapter 1.09.

Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the town or if no such address is available, to the 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.

Penalty Amounts for Types of Violations. The penalty levels are as follows:

A fine not exceeding one hundred dollars ($100.00) for a first violation.

A fine not exceeding two hundred dollars ($200.00) for a second violation of the same code section within twelve (12) months.

A fine not exceeding five hundred dollars ($500.00) for each day of each additional violation of the same code section within twelve (12) months.

F.

Compliance Deadline Extension Considerations. The town may extend the compliance deadlines set forth in a notice of violation issued in accordance with Section 8.08.340 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters.

Delays in obtaining discretionary permits or other government agency approvals; or,

Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the town is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

G.

Appeals Process. Consistent with Chapter 1.09, 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 town's procedures in the town's codes for appeals of administrative citations. Evidence may be presented at the hearing. The town will appoint a hearing officer who shall conduct the hearing and issue a final written order.

H.

Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, town or its designee will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the town determines that the organic waste generator, self-hauler, authorized contractor, 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 and a notice that violations may be subject to administrative civil penalties starting on January 1, 2024.

I.

Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the town determines that an organic waste generator, self-hauler, hauler, authorized contractor, 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, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to Section 8.08.340, as needed.

J.

Enforcement Table.

Table 1. List of Violations

Requirement Description of violation

Commercial business and Commercial business fails to provide or arrange for organic waste commercial business owner collection services consistent with town requirements and as outlined responsibility requirement in this ordinance, for employees, contractors, tenants, and   customers, including supplying and allowing access to adequate Section 8.08.240 numbers, size, and location of containers and sufficient signage and container color.

Organic waste generator Organic waste generator fails to comply with requirements adopted requirement pursuant to this chapter for the collection and recovery of organic   waste. Sections 8.08.230 and 8.08.240

Hauler requirement A hauler providing residential, commercial, or industrial organic waste   collection service fails to transport organic waste to a facility, Section 8.08.280 operation, activity, or property that recovers organic waste, as prescribed by this chapter.

Hauler requirement A hauler providing residential, commercial, or industrial organic waste   collection service fails to obtain applicable approval issued by the Section 8.08.280 town to haul organic waste as prescribed by this chapter.

Hauler requirement A hauler fails to keep a record of the applicable documentation of its   approval by the town, as prescribed by this chapter. Section 8.08.280

Self-hauler requirement A generator who is a self-hauler fails to comply with the requirements   of 14 CCR Section 18988.3(b). Section 8.08.290

Commercial edible food Tier one commercial edible food generator fails to arrange to recover generator requirement the maximum amount of its edible food that would otherwise be   disposed by establishing a contract or written agreement with a food Section 8.08.260 recovery organization or food recovery service and comply with this section commencing Jan. 1, 2022.

Commercial edible food Tier two commercial edible food generator fails to arrange to recover generator requirement the maximum amount of its edible food that would otherwise be   disposed by establishing a contract or written agreement with a food Section 8.08.260 recovery organization or food recovery service and comply with this section commencing Jan. 1, 2024.

Commercial edible food Tier one or tier two commercial edible food generator intentionally generator requirement spoils edible food that is capable of being recovered by a food

recovery organization or food recovery service. Section 8.08.260

Organic waste generator, Failure to provide or arrange for access to an entity's premises for commercial business owner, any inspection or investigation. commercial edible food generator, food recovery organization or food recovery service

Sections 8.08.230, 8.08.240, 8.08.260, 8.08.270

Recordkeeping requirements Tier one or tier two commercial edible food generator fails to keep for commercial edible food records, as prescribed by Section 8.08.260. generator

Section 8.08.260

Recordkeeping requirements for A food recovery organization or food recovery service that has food recovery services and food established a contract or written agreement to collect or receive recovery organizations edible food directly from a commercial edible food generator   pursuant to 14 CCR Section 18991.3(b) fails to keep records, as Section 8.08.260 prescribed by Section 8.08.270.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

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

(Ord. No. 619, §§ 1, 2, 7-12-2022)