Chapter 7.40 — RECYCLING AND ORGANIC WASTE COLLECTION

Editor's note— Ord. No. 1114, § 3(Exh. A), adopted December 7, 2021, repealed Ch. 7.40, §§ 7.40.010—7.40.030, and enacted a new Ch. 7.40 as set out herein and later amended. Former Ch. 7.40 pertained to similar subject matter and derived from Ord. 671 N.S., adopted 1994.

SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organic waste in landfills as a source of methane. CalRecycle adopted the Short Lived Climate Pollutant (SLCP): Organic Waste Reductions regulations (SB 1383 Regulations) in November 2020. The SB 1383 Regulations require multiple entities including the city, residential households, multi-family premises, commercial businesses, commercial edible food generators, waste haulers, self-haulers, food recovery organizations, food recovery services, transfer stations, recycling facilities, and landfills to support achievement of the SB 1383 statewide organic waste disposal reduction targets, in order to reduce emissions of methane.

SB 1383 requires the city to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This chapter will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.

(Ord. No. 1114, § 3(Exh. A), 12-7-2021)

This chapter shall be known by the short title of "Mandatory Organic Waste Disposal Reduction Ordinance."

(Ord. No. 1114, § 3(Exh. A), 12-7-2021)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section unless a different meaning is expressed or clear from the context:

"Alternative daily cover (ADC)" has the same meaning as in Section 20690 of Title 27 of the California Code of Regulations.

"Alternative intermediate cover (AIC)" has the same meaning as in Section 20700 of Title 27 of the California Code of Regulations.

"Bulk household waste" or "bulky item" means all discarded household waste matter which is too large to be placed in a covered container including, but not limited to, vehicle tires and/or wheels, furniture, appliances, discarded carpets, discarded mattresses, discarded electronic equipment, residential wastes (including untreated wood waste, tree branches, untreated scrap wood) and similar large items produced from residential premises, and is considered refuse for purposes of this agreement. Bulky items do not include abandoned automobiles, large auto parts, trees, construction and demolition debris, or items herein defined as excluded waste.

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

"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g. "14 CCR" refers to Title 14 of CCR).

"City" means the City of Paso de Robles, California, its authorized designee, and all the territory lying within the city's jurisdictional boundaries.

"City enforcement official" means the city manager or their designee or their authorized person(s) who is/are partially or wholly responsible for enforcing this chapter.

"Commercial business" or "commercial" means of, from, or pertaining to non-residential premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon residential property which are permitted under applicable zoning regulations and are not the primary use of the property. A commercial business may be a firm, partnership, sole proprietorship, joint-stock company, corporation or other business entity, or association, whether for-profit or nonprofit, strip mall or industrial facility.

"Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in this section 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).

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

"Compliance review" means a review of records by the city to determine compliance with this chapter.

"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4) and includes a controlled biological decomposition of organic waste yielding a safe and nuisance free compost product.

"Contractor" means the city's franchised hauler, organized and operating under the laws of the state.

"Customer" means the person whom contractor submits its billing invoice to and collects payment from for collection services provided to a premises.

"C&D" means construction and demolition debris.

"Designated waste" means non-hazardous waste which may pose special disposal problems because of its potential to contaminate the environment, and which may be disposed of only in class II disposal sites or class III disposal sites pursuant to a variance issued by the California Department of Toxic Substances Control. Designated waste consists of those substances classified as designated waste by the state, in California Code of Regulations Title 23, Section 2522 as may be amended from time to time.

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

"Discarded materials" means recyclable materials, organic materials, and refuse placed by a generator in a collection container and/or at a location for the purposes of collection excluding excluded waste. Discarded materials may include bulk household waste when placement of such materials are authorized for collection by the contractor.

"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 refuse if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 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 city to address non-compliance with this chapter 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 city 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 city, 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 city, 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 refuse 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.

"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" has the same meaning as in Section 113789 of the Health and Safety Code.

"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:

(1)

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

(2)

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

(3)

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, Chapter 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, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"Food scraps" means those discarded materials that will decompose and/or putrefy including:

All kitchen and table food waste;

Animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs;

Fruit waste, grain waste, dairy waste, meat, and fish waste; and

Vegetable trimmings, houseplant trimmings and other compostable organic waste common to the occupancy of residential dwellings.

Food scraps are a subset of food waste. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

"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 compostable paper material that has come in contact with food scraps or liquid, such as, but not limited to, compostable paper plates, napkins, and pizza boxes.

"Food waste" means source separated food scraps and food-soiled paper.

"Generator" means a person or entity that is responsible for the initial creation of one or more types of discarded materials.

"Green waste" means those discarded materials generated from any landscape that will decompose and/or putrefy, including, but not limited to, grass clippings, leaves, prunings, tree trimmings, pine needles, weeds, branches and brush. Green waste does not include items herein defined as excluded waste. Green waste are a subset of organic materials. Acceptable green waste may be added to or removed from this list from time to time.

"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 itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

"Hazardous substance" means any of the following:

Any substances defined, regulated or listed (directly or by reference) as "hazardous substances," "hazardous materials," "hazardous wastes," "toxic waste," "pollutant," or "toxic substances," or similarly identified as hazardous to human health or the environment, in or pursuant to:

a.

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC § 9601 et seq. (CERCLA);

b.

The Hazardous Materials Transportation Act, 49 USC § 1802, et seq.;

c.

The Resource Conservation and Recovery Act, 42 USC § 6901 et seq.;

d.

The Clean Water Act, 33 USC § 1251 et seq.;

e.

California Health and Safety Code §§ 25115-25117, 25249.8, 25281, and 25316;

f.

The Clean Air Act, 42 USC § 7901 et seq.; and

g.

California Water Code § 13050.

Any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and

Any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's (PCBs), petroleum, natural gas, and synthetic fuel products, and by-products.

"Hazardous waste" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state in Health and Safety Code § 25110.02, § 25115, and § 25117, or in the future amendments to or recodifications of such statutes, or substances identified and listed as solar panels from residential premises, and hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC § 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

"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 percent between January 1, 2022 and December 31, 2024, and seventy-five 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).

"Infectious waste" means:

Equipment, instruments, utensils and other fomites of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must, therefore, be isolated as required by public health agencies;

Laboratory wastes, including pathological specimens (i.e. all tissues, specimens of blood elements, excreta and secretions obtained from patients or laboratory animals) and disposable fomites (any substance that may harbor or transmit pathogenic organisms) attendant thereto; and/or

Surgical operating room pathologic specimens—including recognizable anatomical parts, human tissue, anatomical human remains and disposable materials from hospitals, clinics, outpatient areas and emergency rooms, as defined in 14 CCR Section 17225.36.

"Inspection" means a site visit where a city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of recyclable materials, organic waste, refuse or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

"Landfill and organic waste recycling facility" means the city-owned Paso Robles Municipal Landfill. The landfill accepts commingled and source-separated loads of organic waste from the contractor and other customers. In order to divert organic waste such as dimensional lumber, pallets, other wood waste, brush, tree limbs, tree stumps, cardboard, and biosolids, the city's contract landfill operator segregates, stockpiles, and prepares these materials for hauling to other processors.

"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 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 chapter. Large event includes the California Mid-State Fair.

"Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and

implementation of 14 CCR, Division 7, Chapter 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 chapter and implementation of 14 CCR, Division 7, Chapter 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, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter. Large venue includes the Vina Robles Amphitheater and the Paso Robles Event Center.

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

"Multi-family residential dwelling" or "multi-family" means of, from, or pertaining to residential premises with five or more dwelling units including such premises when combined in the same building with commercial establishments, that receive centralized, shared, collection service for all units on the premises which are billed to one customer at one address. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

"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.

"Occupant" means the person who occupies a premises.

"Organic materials" means green waste and food waste, individually or collectively that are set aside, handled, packaged, or offered for collection in a manner different from refuse for the purpose of processing. No discarded material shall be considered to be organic materials, however, unless it is separated from recyclable material and refuse. Organic materials are a subset of organic waste.

"Organic materials container" shall be used for the purpose of storage and collection of source separated organic materials and has the same meaning as "green container" in 14 CCR Section 18982(a)(29).

"Organic waste" means wastes 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).

"Owner" means the person(s) holding legal title to real property and/or any improvements thereon and shall include the person(s) listed on the latest equalized assessment roll of the county assessor.

"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 paper" 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).

"Premises" means and includes any land, building and/or structure, or portion thereof, in the city where discarded materials are produced, generated, or accumulated.

"Prohibited container contaminants" means the following:

Discarded materials placed in the recyclable materials container that are not identified as acceptable source separated recyclable materials for the city's recyclable materials container;

Discarded materials placed in the organic materials container that are not identified as acceptable source separated organic materials for the city's organic materials container;

Discarded materials placed in the refuse container that are acceptable source separated recyclable materials and/or source separated organic materials to be placed in city's organic materials container and/or recyclable materials container; and

Excluded waste placed in any container.

"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).

"Recyclable materials" means those discarded materials that the generators set out in recyclables containers for collection for the purpose of recycling by the service provider and that exclude excluded waste. No discarded materials shall be considered recyclable materials unless such material is separated from organic materials and refuse. Recyclable materials shall include, but not be limited to newsprint, corrugated material, high-grade paper, white paper and mixed paper, telephone books, glass, aluminum cans, tin cans, steel and other types of scrap metals, polyethylene terephthalate containers ("PET") marked "1", high density polyethylene containers ("HDPE") marked "2" and low density polyethylene containers ("LDPE") marked "4", ferrous metals, non-ferrous metals, and California redemption containers. For the purpose of collection of recyclable materials through contractor's collection services, recyclable materials shall be limited to those materials identified by the collection contractor as acceptable recyclable materials.

"Recyclable materials container" shall be used for the purpose of storage and collection of source separated recyclable materials and has the same meaning as "blue container" in 14 CCR Section 18982(a)(5).

"Refuse" shall mean solid waste other than recyclable materials, organic materials, and construction and demolition debris when such materials are source separated. Notwithstanding any provision to the contrary, refuse may include de minimis volumes or concentrations of waste of a type and amount normally found in residential refuse after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Refuse includes salvageable materials only when such materials are included for collection in a refuse container not source separated from solid waste at the site of generation. Refuse generated in the city is disposed in the Paso Robles Municipal Landfill.

"Refuse container" shall be used for the purpose of storage and collection of refuse and has the same meaning as "gray container" in 14 CCR Section 18982(a)(28).

"Residential" shall mean of, from, or pertaining to a single-family premises or multi-family premises including single- family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments.

"Responsible party" means the owner of a premises who has the primary responsibility for subscribing to and paying for recyclable materials, organic materials, and/or refuse collection services for a residential premises or commercial business in the city that generate such waste. The existence of a responsible party shall not be deemed to excuse any generator from complying with the requirements of this chapter or any SB 1383 Regulations.

"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).

"San Luis Obispo County Integrated Waste Management Authority (SLO IWMA)" or "IWMA" means the joint powers authority that has the responsibilities as defined by the joint power agreement related to the city's compliance with applicable law.

"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 Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

"SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

"Self-haul" means to act as a self-hauler.

"Self-hauler" means a person who hauls refuse, organic waste or recyclable material they have generated to a facility that recovers source separated organic waste, source separated recyclable materials, or to a solid waste disposal facility such as the Paso Robles Municipal Landfill, as the case may be. Self-hauler may include a landscaper transporting green waste as part of the landscaping services provided by landscaper at a premises located within the city, or a person who back-hauls waste. Back-haul means generating and transporting recyclable materials or organic waste to a destination owned and operated by the generator or responsible party using the generator's or responsible party's own employees and equipment.

"Service level" refers to the size of a customer's container and the frequency of collection service.

"Single-family" refers to any detached or attached house or residence of four units or less each designed or used for occupancy by one family, provided that collection service feasibly can be provided to such premises as an independent unit, and the owner or occupant of such independent unit is billed directly for the collection service. Single-family includes townhouses, and each independent unit of duplex, tri-plex, or four-plex residential structures, regardless of whether each unit is separately billed for their specific service level.

"Solid waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes. Solid waste does not include any of the following wastes:

Hazardous waste, as defined in the State Public Resources Code Section 40141.

Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

"Source separated" or "source separated materials" means materials, including commingled recyclable materials and organic materials, that have been separated or kept separate from the refuse stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the chapter, source separated shall include separation of materials by the generator, responsible party, or responsible party's employee, into different containers for the purpose of collection such that source separated materials are separated from refuse for the purposes of collection and processing.

"Source separated organic materials" means organic materials that are source separated and placed in an organic materials container.

"Source separated recyclable materials" means recyclable materials that are source separated and placed in a recyclable materials container.

"State" means the State of California.

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following:

Supermarket.

Grocery store with a total facility size equal to or greater than ten thousand square feet.

Food service provider.

Food distributor.

Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.

"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following:

Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.

Hotel with an 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 total cafeteria facility size equal to or greater than five thousand square feet.

A local education agency facility with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.

"Ton" or "tonnage" means a unit of measure for weight equivalent to two thousand standard pounds where each pound contains sixteen ounces.

"Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76).

(Ord. No. 1114, § 3(Exh. A), 12-7-2021)

A.

Except responsible parties of single-family premises that meet the self-hauler requirements in Section 7.40.130 of this chapter, responsible parties, generators or occupants of single-family premises shall comply with the following requirements:

Subscribe to and pay for the city's three-container collection services for weekly collection of recyclable materials, organic materials, and refuse generated by the single-family premises and comply with requirements of those services as described below in subsection A2. 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. The responsible parties for single-family premises shall adjust their service level for their collection services as requested by the city.

Participate in the city's three-container collection services in the manner described below.

a.

Place and direct its generators to place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and refuse in the refuse container.

b.

Not place and direct its generators to not place prohibited container contaminants in collection containers and not place materials designated for the organic materials containers or recyclable materials containers in the refuse containers.

B.

Nothing in this section prohibits a responsible party or generator of a single-family premises from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(Ord. No. 1114, § 3(Exh. A), 12-7-2021)

A.

Responsible parties of multi-family premises shall provide or arrange for recyclable materials, organic materials, and refuse collection services consistent with this chapter for employees, contractors, and tenants.

B.

Except for responsible parties or occupants of multi-family premises that meet the self-hauler requirements in Section

Subscribe to and pay for the city's three or more-container collection services and comply with requirements of those services for all recyclable materials, organic materials, and refuse generated at the multi-family premises as further described below in this section. The city shall have the right to review the number and size of the multi-family premises' collection 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. The responsible party of a multi- family premises shall adjust their service level for their collection services as requested by the city or its designee.

Participate in the city's three container collection services for at least weekly, if not more frequent, collection of recyclable materials, organic materials, and refuse in the manner described below.

a.

Place and direct its generators to place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and refuse in the refuse container.

b.

Not place and direct its generators to not place prohibited container contaminants in collection containers and to not place materials designated for the organic materials containers or recyclable materials containers in the refuse containers.

Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the city's recyclable materials container, organic materials container, and refuse container collection service or, if self-hauling, consistent with the multi-family premises' approach to complying with the self-hauler requirements in Section 7.40.130 of this chapter.

Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and refuse.

Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep source separated organic materials and source separated recyclable materials separate from each other and from refuse (when applicable) and the location of containers and the rules governing their use at each property.

Provide or arrange access for the city and its designee to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.

C.

If the occupant of a multi-family premises wants to self-haul, meet the self-hauler requirements in Section 7.40.130 of this chapter.

D.

Multi-family premises that generate two cubic yards or more of total refuse, recyclable materials, and organic materials per week (or other threshold defined by the state) that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a multi-family premises and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this chapter.

E.

Nothing in this section prohibits a responsible party or generator of organic waste at a multi-family premises from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(Ord. No. 1114, § 3(Exh. A), 12-7-2021)

A.

Responsible parties of commercial businesses premises shall provide or arrange for recyclable materials, organic materials, and refuse collection services consistent with this chapter for employees, contractors, tenants, and customers.

B.

Except responsible parties or occupants of commercial businesses that meet the self-hauler requirements in Section

Subscribe to and pay for city's three or more-container collection services and comply with requirements of those services for all recyclable materials, organic materials, and refuse generated at the commercial business as further described below in this section. The city shall have the right to review the number and size of a commercial business' 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. The responsible party of the commercial business shall adjust their service level for their collection services as requested by the city or its designee.

Participate in the city's three container collection services for at least weekly collection of recyclable materials, organic materials, and refuse in the manner described below.

a.

Place and direct its generators to place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and refuse in the refuse container.

b.

Not place and direct its generators to not place prohibited container contaminants in collection containers and to not place materials designated for the organic materials containers or recyclable materials containers in the refuse containers.

Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subdivisions E1 and E2 below) for employees, contractors, tenants, and customers, consistent with city's recyclable materials container, organic materials container, and refuse container collection service or, if self- hauling, consistent with the commercial business' approach to complying with self-hauler requirements in Section

Provide containers for the collection of source separated recyclable materials and source separated organic materials in all indoor and outdoor areas where refuse containers are provided for customers, for materials generated by that commercial business. Such containers shall be visible and easily accessible. 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 responsible party of the commercial business does not have to provide that particular container in all areas where refuse containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the responsible party of the commercial business shall have either:

a.

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. The responsible party of the commercial business is not required to replace functional containers that do not comply with the requirements of this subsection prior to whichever of the following comes first:

(i)

The end of the useful life of those containers; or

(ii)

January 1, 2036.

b.

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.

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 recyclable materials container, organic materials container, and refuse collection service or, if self-hauling, per the instructions of the commercial business's responsible party to support its compliance with self-hauler requirements in Section 7.40.130 of this chapter.

Periodically inspect recyclable materials containers, organic materials containers, and refuse 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).

Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and refuse.

Provide education information before or within fourteen days of occupation of the premises to new employees and tenants that describes requirements to source separate recyclable materials and organic materials and to keep source separated organic materials and source separated recyclable materials separate from each other and from other refuse (when applicable) and the location of containers and the rules governing their use at each property.

Provide or arrange access for the city or its designee to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.

C.

If the responsible party of a commercial business wants to self-haul, meet the self-hauler requirements in Section

D.

Nothing in this section prohibits a responsible party, or owner of a commercial business, or a generator at that business from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

E.

Responsible parties of commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 7.40.100 of this chapter.

(Ord. No. 1114, § 3(Exh. A), 12-7-2021)

A.

De Minimis Waivers for Multi-Family Premises and Commercial Business. The city may waive a multi-family premises' or commercial business's obligation to comply with some or all recyclable materials and organic waste requirements of this chapter if the responsible party of the commercial business or multi-family premises provides documentation that the commercial business or multi-family premises meets one of the criteria in subsections 1 and 2 below. For the purposes of subsections 1 and 2, the total solid waste shall be the sum of weekly container capacity measured in cubic yards for refuse, recyclable materials, and organic materials collection service.

The commercial business's or multi-family premises' 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 twenty gallons per week; or

The commercial business's or multi-family premises' 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 ten gallons per week.

B.

Physical Space Waivers. The city may waive a commercial business's or multi-family premises' obligation to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for recyclable materials containers and/or organic materials containers required for compliance with the recyclable materials and organic materials collection requirements of Section 7.40.080 or 7.40.090 as applicable.

C.

Review and Approval of Waivers by the City. Waivers shall be granted to responsible parties by the city according to the following process:

Responsible parties of premises seeking waivers shall submit a completed application form to the city's waste hauling contractor for a waiver specifying the waiver type requested, type(s) of collection services for which they are requesting a waiver, the reason(s) for such waiver, and documentation supporting such request.

The contractor shall review each application for compliance with the waiver criteria and make a written recommendation to the city of whether the waiver should be approved. The recommendation must include a copy of the application. If the city approves the waiver, the city will notify the contractor in writing, and the contractor will in turn notify the applicant. Only the city is authorized to approve waivers.

Upon waiver approval, the city shall specify that the waiver is valid for five years, and the contractor shall inform the responsible party of the length of the waiver.

Waiver holder shall notify the city's contractor if circumstances change such that commercial business's or multi- family premises' may no longer qualify for the waiver granted, in which case waiver will be rescinded.

Any waiver holder or applicant shall cooperate with the city or its contractor for any on-site assessment of the appropriateness of the waiver.

Waiver holder shall reapply to the city's contractor for a waiver upon the expiration of the waiver period and shall submit any required documentation, and/or fees/payments as required by the city. Failure to submit a completed application shall equate to an automatic denial of said application.

The city may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable.

D.

Review and Approval of Waivers by the IWMA. As an alternative to the process described above, responsible parties of premises seeking waivers may submit a completed application form directly to the city's designee, the San Luis

Obispo County Integrated Waste Management Authority. The application must specify the waiver type requested, type(s) of collection services for which they are requesting a waiver, the reason(s) for such waiver, and documentation supporting such request. Waivers approved by the IWMA are subject to the same restrictions described above.

(Ord. No. 1114, § 3(Exh. A), 12-7-2021)

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 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.

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

Allow city's designated enforcement entity or designated third party enforcement entity 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.

Maintain records required by this section for five years.

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

a.

The amount, in pounds, of edible food donated to a food recovery service or food recovery organization annually; and

b.

The amount, in pounds of edible food rejected by a food recovery service or food recovery organization annually.

c.

Any additional information required by the city, or the city's designee.

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, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the

Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 1114, § 3(Exh. A), 12-7-2021)

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 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.

Maintain records required by this section for five years.

D.

Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city it is located in and the IWMA 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). The annual report shall be submitted to the city and the IWMA no later than April 1 of each year.

E.

In order to support edible food recovery capacity planning assessments or other studies conducted by the city that provides refuse collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city and IWMA, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city and/or IWMA shall respond to such request for information within sixty days, unless a shorter timeframe is otherwise specified by the city.

F.

Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators shall include language in all agreements with tier 1 and tier 2 edible food generators located in the city identifying and describing the California Good Samaritan Act of 2017.

(Ord. No. 1114, § 3(Exh. A), 12-7-2021)

A.

Requirements for Haulers.

Franchise hauler(s) providing recyclable materials, organic waste, and/or refuse collection services to generators within the city's boundaries shall meet the following requirements and standards as a condition of approval of its contract, agreement, permit, or other authorization with the city to collect recyclable materials, organic materials, and/or solid waste:

a.

Through written notice to the city annually on or before April 1 of each year, identify the facilities to which they will transport discarded materials, including facilities for source separated recyclable materials, source separated organic materials, and refuse.

b.

Transport source separated recyclable materials to a facility that recovers those materials; transport source separated organic materials to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; transport refuse to the Paso Robles Municipal Landfill; and transport manure to a facility that manages manure in conformance with 14 CCR Chapter 12 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC).

c.

Obtain approval from the city 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, Section 12 of this chapter, and city's C&D ordinance.

Franchise hauler(s) authorized to collect recyclable materials, organic materials, and/or refuse shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement with the city.

B.

Requirements for Facility Operators and Community Composting Operations.

Owners of facilities, operations, and activities located in the city's boundaries that recover organic waste, including, but not limited to, the Paso Robles Municipal Landfill, compost facilities, in-vessel digestion facilities, and publicly- owned treatment works shall, upon the city's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty days.

Community composting operators with operations located in the city's boundaries, upon the city's request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty days.

(Ord. No. 1114, § 3(Exh. A), 12-7-2021)

A.

Self-hauling of solid waste is generally discouraged, especially by residential and small commercial generators. Self- hauling is subject to the requirements of Chapter 7.16. Every self-hauler shall source separate its recyclable materials and organic materials (materials that the city otherwise requires generators or responsible parties to separate for collection in the city's recyclable materials and organic materials collection program) generated on-site from Refuse in a manner consistent with 14 CCR Section 18984.1 and the city's collection program. Self-haulers shall deliver their materials in leak-proof containers to facilities described in subdivision B below. Alternatively, self-haulers may choose not to source separate recyclable materials and organic materials and shall haul its refuse (that includes recyclable materials and organic materials) to the Paso Robles Municipal Landfill or a high diversion organic waste processing facility subject to advance written approval by the city.

B.

Self-haulers that source separate their recyclable materials and organic materials shall haul their source separated recyclable materials to a facility that recovers those materials; haul their source separated organic materials to a facility, operation, activity, or property that processes or recovers source separated organic waste, including the Paso Robles Municipal Landfill; and, haul their refuse to the Paso Robles Municipal Landfill.

C.

All self-haulers, including those that are responsible parties of commercial businesses or multi-family premises shall keep records of the amount of recyclable materials, organic waste, and refuse delivered to each facility, operation, activity, or property that processes or recovers recyclable materials and organic waste and processes or disposes of refuse or shall keep records of refuse delivered to high diversion organic waste processing facilities. These records shall be subject to review by the city or its designee. The records shall include the following information:

Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic materials, and refuse.

The amount of material in cubic yards or tons transported by the generator or responsible party 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 recyclable materials, organic materials, and refuse/solid waste.

D.

Self-haulers shall retain all records and data required to be maintained by this section for no less than five years after the recyclable materials, organic materials, and/or refuse was first delivered to the facility accepting the material.

E.

Self-haulers that are commercial businesses or multi-family premises shall provide copies of records required by this section to city if requested by the city and shall provide the records at the frequency requested by the city.

F.

A single-family generator or single-family responsible party that self-hauls recyclable materials, organic waste, or refuse is not required to record or report information in subsections C or D.

(Ord. No. 1114, § 3(Exh. A), 12-7-2021)

A.

City representatives or its designee(s) are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by generators, responsible parties of single-family premises, responsible parties of commercial businesses, responsible parties of multi-family premises, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city or its designee to enter the interior of a private residential property for inspection.

B.

Entities regulated by this chapter shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's representative or its designee during such inspections

and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure of a responsible party 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 chapter and may result in penalties described in Section 7.40.150.

C.

Any records obtained by a city or its designee during its inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

D.

City representatives or their designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

E.

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

F.

City representatives and/or their designee are authorized to provide informational notices to entities regulated by this chapter regarding compliance with this chapter.

(Ord. No. 1114, § 3(Exh. A), 12-7-2021)

A.

Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The city's procedures on imposition of administrative fines as specified in Chapter 1.03 of this Code 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 chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.

B.

Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City 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 city staff and resources.

C.

Responsible Entity for Enforcement.

Enforcement pursuant to this chapter may be undertaken by the city enforcement official, which may be the city manager or their designated person, entity, legal counsel, or combination thereof.

a.

City enforcement official(s) will interpret this chapter; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.

City enforcement official(s) may issue notices of violation(s).

D.

Process for Enforcement.

City enforcement officials and/or their designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 7.40.140 establishes city's right to conduct inspections and investigations.

City may issue an official notification to notify regulated entities of its obligations under this chapter.

For incidences of prohibited container contaminants found in containers, city or its designee may issue an informational notice of contamination to any generator or responsible party found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within seven days after determining that a violation has occurred. If the city observes prohibited container contaminants in a responsible party's containers on more than two consecutive occasion(s), the city may assess contamination processing fees or contamination penalties on the generator.

With the exception of violations of contamination of container contents addressed under subsection D3, city shall issue a notice of violation requiring compliance within thirty days of issuance of the notice.

Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the city's procedures set forth in Chapter 1.03 of this Code.

Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the county assessor or if no such address is available, to the owner at the address of the multi-family premises or commercial

business or to the responsible party for the collection services, depending upon available information.

E.

Penalty Amounts for Types of Violations. Notwithstanding Section 1.03.020, the penalty levels for violations of this chapter are as follows:

For a first violation, the amount of the base penalty shall be fifty dollars to one hundred dollars per violation.

For a second violation, the amount of the base penalty shall be one hundred dollars to two hundred dollars per violation.

For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty dollars to five hundred dollars per violation.

F.

Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:

The nature, circumstances, and severity of the violation(s).

The violator's ability to pay.

The willfulness of the violator's misconduct.

Whether the violator took measures to avoid or mitigate violations of this chapter.

Evidence of any economic benefit resulting from the violation(s).

The deterrent effect of the penalty on the violator.

Whether the violation(s) were due to conditions outside the control of the violator.

G.

Compliance Deadline Extension Considerations. City may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section 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 city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

H.

Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with city's procedures in Chapter 1.03 of this Code for appeals of administrative citations. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order.

I.

Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, city 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 city or its designee determines that generator, responsible party, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

J.

Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the city determines that a generator, responsible party, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.

(Ord. No. 1114, § 3(Exh. A), 12-7-2021)