Chapter 8.18 — MANDATORY ORGANIC WASTE DISPOSAL REDUCTION

The city council Nnds and declares:

A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989

(California Public Resources Code Section 40000 et seq., as amended, supplemented, superseded, and replaced

from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste

generated in their cities and counties to the maximum extent feasible before any incineration or landNll disposal

of waste, to conserve water, energy, and other natural resources, and to protect the environment.

B. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the state of California on October

5, 2011), which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001, and added

Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30,

and added and repealed Section 41780.02 to the Public Resources Code (as amended, supplemented, superseded

and replaced from time to time), places requirements on businesses and multifamily property owners that

generate a speciNed threshold amount of solid waste to arrange for recycling services and requires jurisdictions to

implement a mandatory commercial recycling program.

C. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the state of California

on September 28, 2014), which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of

the Public Resources Code relating to solid waste), as amended, supplemented, superseded, and replaced from

time to time), requires businesses and multifamily property owners that generate a speciNed threshold amount of

     The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires cities

and counties to implement a recycling program to divert organic waste from businesses subject to the law, and

requires jurisdictions to implement a mandatory commercial organics recycling program.

D. SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations

to reduce organics in landNlls as a source of methane. The regulations place requirements on multiple entities

including cities and counties, residential households, commercial businesses and business owners, commercial

edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support

achievement of statewide organic waste disposal reduction targets.

E. SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires cities and counties to adopt and

enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383, and local

implementation of SB 1383 requirements will also help reduce food insecurity by requiring commercial edible

food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed,

be recovered for human consumption.

F. Requirements in this chapter are consistent with other adopted goals and policies of the city including: city of

Petaluma Resolutions 2019-114 NCS (Adopting Zero Waste Principles) and 2021-007 NCS (Adopting a Climate

Emergency Framework).

(Ord. 2800 NCS §3 (Exh. A), 2021.)

This chapter shall be entitled "Mandatory Organic Waste Disposal Reduction." (Ord. 2800 NCS §3 (Exh. A), 2021.)

A. "Blue container" has the same meaning as in 14 CCR Section 18982(a)(5), as amended from time to time, and

shall be used for the purpose of storage and collection of source separated recyclable materials or source

separated blue container organic waste.

B. "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.

C. "California Code of Regulations" or "CCR" means the state of California Code of Regulations. CCR references in

this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14

of CCR).

D. "City" means the city of Petaluma, a California municipal corporation and charter city.

     The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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E. "City enforcement oPcial" means the city manager, or his or her authorized designee(s) who is/are partially or

wholly responsible for enforcing this chapter.

F. "Commercial business" or "commercial" means a Nrm, partnership, proprietorship, joint-stock company,

corporation, or association, whether for-proNt or nonproNt, strip mall, industrial facility, or a multifamily residential

dwelling, or as otherwise deNned in 14 CCR Section 18982(a)(6), as amended from time to time. A multifamily

residential dwelling that consists of fewer than Nve units is not a commercial business for purposes of this

chapter.

G. "Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as

deNned in subsections MMM and NNN of this section or as otherwise deNned in 14 CCR Sections 18982(a)(73) and

(a)(74), as amended from time to time. For the purposes of this deNnition, food recovery organizations and food

recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7), as amended

from time to time.

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

I. "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 Nfty square feet, as speciNed

in 14 CCR Section 17855(a)(4); or as otherwise deNned by 14 CCR Section 18982(a)(8), as these sections may be

amended from time to time.

J. "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), as amended from time to time, which

stated, as of the eQective date of this chapter, that "compost" means the product resulting from the controlled

biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream,

or which are separated at a centralized facility.

K. "Container contamination" or "contaminated container" means a container, regardless of color, that contains

prohibited container contaminants, or as otherwise deNned in 14 CCR Section 18982(a)(55), as amended from time

to time.

L. "C&D" means construction and demolition debris.

M. "Designee" means a person or entity that the city contracts with or otherwise authorizes to carry out any of

the city’s responsibilities under this chapter as authorized in 14 CCR Section 18981.2, as amended from time to

time. City designee(s) for purposes of this chapter may include an authorized city employee, a government entity,

a hauler, a private entity, or a combination of them.

N. "Edible food" means food intended for human consumption, or as otherwise deNned in 14 CCR Section

18982(a)(18), as amended from time to time. For the purposes of this chapter or as otherwise deNned in 14 CCR

Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or

in 14 CCR Division 7, Chapter 12, as amended from time to time, requires or authorizes the recovery of edible food

that does not meet the food safety requirements of the California Retail Food Code.

     The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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O. "Enforcement action" means an action of the city to address noncompliance with this chapter including, but

not limited to, issuing administrative citations, Nnes, penalties, or seeking other remedies.

P. "Excluded waste" means hazardous substances; hazardous waste; infectious waste; designated waste;

volatile, corrosive, or medical waste; regulated radioactive waste; and toxic substances or material that facility

operator(s) that 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 landNlls or

accepted at the facility due to applicable permit conditions; waste that in the reasonable opinion of the city or its

designee would present a signiNcant risk to human health or the environment, cause a nuisance or otherwise

create or expose the city, or its designee, to potential liability. Excluded waste does not include de minimis

volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid

waste 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, as

amended from time to time. Excluded waste also does not include used motor oil and Nlters, household batteries,

universal wastes, and/or latex paint when such materials are deNned as allowable materials for collection through

the city’s collection programs and the generator or customer has properly placed the materials for collection

pursuant to instructions provided by city or its designee for collection services.

Q. "Food distributor" means a company that distributes food to entities including, but not limited to,

supermarkets and grocery stores, or as otherwise deNned in 14 CCR Section 18982(a)(22), as amended from time

to time.

R. "Food facility" has the same meaning as in Section 113789 of the Health and Safety Code, as amended from

time to time.

S. "Food recovery" means actions to collect and distribute food for human consumption that otherwise would

be disposed, or as otherwise deNned in 14 CCR Section 18982(a)(24), as amended from time to time.

T. "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 deNned in 14 CCR Section 18982(a)(25), as amended from time to time,

including, but not limited to:

 1.  A food bank as deNned in Section 113783 of the Health and Safety Code, as amended from time to time;

 2.  A nonproNt charitable organization as deNned in Section 113841 of the Health and Safety Code, as

amended from time to time; and

 3.  A nonproNt charitable temporary food facility as deNned in Section 113842 of the Health and Safety

Code, as amended from time to time.

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), as amended from time

to time.

     The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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If the deNnition in 14 CCR Section 18982(a)(25) for food recovery organization, as amended from time to time,

diQers from the deNnition of food recovery organization in this chapter, the deNnition in 14 CCR Section

18982(a)(25), as amended from time to time, shall control.

U. "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 deNned

in 14 CCR Section 18982(a)(26), as amended from time to time. 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), as amended from time to time.

V. "Food scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellNsh,

bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such

materials are source separated from other food scraps.

W. "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 deNned in 14 CCR Section 18982(a)(27), as amended from time to time.

X. "Food-soiled paper" is compostable paper material that has come in contact with food or liquid, such as, but

not limited to, compostable paper plates, paper coQee cups, napkins, pizza boxes, and milk cartons.

Y. "Food waste" means food scraps and food-soiled paper.

Z. "Gray container" has the same meaning as in 14 CCR Section 18982(a)(28), as amended from time to time,

and shall be used for the purpose of storage and collection of gray container waste.

AA. "Gray container waste" means solid waste that is collected in a gray container that is part of a three-

container organic waste collection service that prohibits the placement of organic waste in the gray container as

speciNed in 14 CCR Sections 18984.1(a) and (b), or as otherwise deNned in 14 CCR Section 17402(a)(6.5), as these

provisions may be amended from time to time.

BB. "Green container" has the same meaning as in 14 CCR Section 18982(a)(29), as amended from time to time,

and shall be used for the purpose of storage and collection of source separated green container organic waste.

CC. "Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and

vegetables; fresh meats, Nsh, 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 deNned

in 14 CCR Section 18982(a)(30), as amended from time to time.

DD. "Hauler route" means the designated itinerary or sequence of stops for each segment of the city’s collection

service area, or as otherwise deNned in 14 CCR Section 18982(a)(31.5), as amended from time to time.

EE. "High diversion organic waste processing facility" means a facility that is in compliance with the reporting

requirements of 14 CCR Section 18815.5(d), as amended from time to time, and meets or exceeds an annual

average mixed waste organic content recovery rate of Nfty percent between January 1, 2022, and December 31,

2024, and seventy-Nve percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for

     The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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organic waste received from the "mixed waste organic collection stream" as deNned in 14 CCR Section

17402(a)(11.5); or as otherwise deNned in 14 CCR Section 18982(a)(33), as these provisions may be amended from

time to time.

FF. "Inspection" means a site visit where the city reviews records, containers, and an entity’s collection, handling,

recycling, or landNll disposal of organic waste or edible food handling to determine if the entity is complying with

requirements set forth in this chapter, or as otherwise deNned in 14 CCR Section 18982(a)(35), as amended from

time to time.

GG. "Large event" means an event, including, but not limited to, a sporting event or a Oea 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, nonproNt, or privately

owned park, parking lot, golf course, street system, or other open space when being used for a large event. If the

deNnition in 14 CCR Section 18982(a)(38), as amended from time to time, diQers from the deNnition of large event

in this chapter, the deNnition in 14 CCR Section 18982(a)(38) shall control.

HH. "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 large venue facility includes, but is not limited

to, a public, nonproNt, 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, as amended from to time, 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 deNnition

in 14 CCR Section 18982(a)(39) diQers from the deNnition of large venue in this chapter, the deNnition in 14 CCR

Section 18982(a)(39), as amended from time to time, shall control.

II. "Local education agency" means a school district, charter school, or county oPce of education that is not

subject to the control of city or county regulations related to solid waste, or as otherwise deNned in 14 CCR Section

18982(a)(40), as amended from time to time.

JJ. "Multifamily residential dwelling" or "multifamily" means of, from, or pertaining to residential premises with

Nve or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy

facilities, which are considered commercial businesses.

KK. [Reserved]

LL. "Noncompostable paper" includes but is not limited to paper that is coated in a plastic material that will not

break down in the composting process, or as otherwise deNned in 14 CCR Section 18982(a)(41), as amended from

time to time.

MM. "Nonlocal entity" means an entity that is an organic waste generator but is not subject to the control of a

jurisdiction’s regulations related to solid waste. These entities may include but are not limited to special districts,

federal facilities, prisons, facilities operated by the state parks system, public universities and state agencies, as

deNned in 14 CCR Section 18982(a)(42), as amended from time to time.

     The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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NN. "Nonorganic recyclables" means nonputrescible and nonhazardous recyclable wastes including but not

limited to bottles, cans, metals, plastics and glass, or as otherwise deNned in 14 CCR Section 18982(a)(43), as

amended from time to time.

OO. "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 deNned in Chapter 1.14 of the Petaluma Municipal Code, or in 14

CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4, as these sections may be amended from

time to time.

PP. "Organic waste" means solid 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 deNned in 14 CCR Section 18982(a)(46), as amended from time to time. Biosolids and digestate are

as deNned by 14 CCR Section 18982(a), as amended from time to time.

QQ. "Organic waste generator" means a person or entity that is responsible for the initial creation of organic

waste, or as otherwise deNned in 14 CCR Section 18982(a)(48), as amended from time to time.

RR. "Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, Nle

folders, hanging Nles, corrugated boxes, tissue, and toweling, or as otherwise deNned in 14 CCR Section

18982(a)(51), as amended from time to time.

SS. "Printing and writing papers" include, but are not limited to, copy, xerographic, watermark, cotton Nber,

oQset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, notepads, writing

tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports,

magazines, and publications, or as otherwise deNned in 14 CCR Section 18982(a)(54), as amended from time to

time.

TT. "Prohibited container contaminants" means the following: (1) discarded materials placed in the blue

container that are not identiNed as acceptable source separated recyclable materials for the city’s blue container;

(2) discarded materials placed in the green container that are not identiNed as acceptable source separated green

container organic waste for the city’s green container; (3) 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 city’s green container and/or blue container; and, (4) excluded waste placed in any container.

UU. "Recovered organic waste products" means products made from California, landNll-diverted recovered

organic waste processed in a permitted or otherwise authorized facility, or as otherwise deNned in 14 CCR Section

18982(a)(60), as amended from time to time.

VV. "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise deNned in

14 CCR Section 18982(a)(49), as these provisions may be amended from time to time.

WW. "Recycled-content paper" means paper products and printing and writing paper that consists of at least

thirty percent, by Nber weight, postconsumer Nber, or as otherwise deNned in 14 CCR Section 18982(a)(61), as

amended from time to time.

     The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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XX. "Regional agency" means regional agency as deNned in Public Resources Code Section 40181, as amended

from time to time.

YY. "Renewable gas" means gas derived from organic waste that has been diverted from a California landNll and

processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic

waste, or as otherwise deNned in 14 CCR Section 18982(a)(62), as amended from time to time.

ZZ. "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises

or immediate consumption, or as otherwise deNned in 14 CCR Section 18982(a)(64), as amended from time to

time.

AAA. "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 deNned in 14 CCR Section 18982(a)(65), as amended from time to time.

BBB. "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 eQort to reduce emissions of short-lived climate pollutants as

amended, supplemented, superseded, and replaced from time to time.

CCC. "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 enacted 14 CCR Division 7, Chapter 12 and amended portions of regulations in 14 and 27 CCR.

DDD. "Self-hauler" means a person who hauls solid waste, organic waste or recyclable material he or she has

generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise deNned in

14 CCR Section 18982(a)(66), as amended from time to time. "Back-haul" means generating and transporting

organic waste to a destination owned and operated by the generator using the generator’s own employees and

equipment, or as otherwise deNned in 14 CCR Section 18982(a)(66)(A).

EEE. "Single-family" means of, from, or pertaining to any residential premises with fewer than Nve units.

FFF. "Solid waste" has the same meaning as deNned in state Public Resources Code Section 40191, as amended

from time to time, which deNnes "solid waste" as all putrescible and nonputrescible 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 Nxed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid

wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any

of the following wastes:

 1.  Hazardous waste, as deNned in the state Public Resources Code Section 40141.

 2.   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).

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 3.   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 landNll, as deNned 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.

GGG. "Source separated" means materials, including commingled recyclable materials, that have been separated

or kept separate from the solid waste 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 deNned in 14 CCR Section 17402.5(b)(4), as amended from time to time. For

the purposes of this chapter, source separated shall include separation of materials by the generator, property

owner, property owner’s employee, property manager, or property manager’s employee into diQerent containers

for the purpose of collection such that source separated materials are separated from gray container waste/mixed

waste or other solid waste for the purposes of collection and processing.

HHH. "Source separated blue container organic waste" means source separated organic wastes that can be

placed in a blue container that is limited to the collection of those organic wastes and nonorganic recyclables as

deNned in 14 CCR Section 18982(a)(43), or as otherwise deNned by 14 CCR Section 17402(a)(18.7), as these

provisions may be amended from time to time.

III. "Source separated green container organic waste" means source separated organic waste that can be placed

in a green container that is speciNcally intended for the separate collection of organic waste by the generator,

excluding source separated blue container organic waste, carpets, noncompostable paper, and textiles.

JJJ. "Source separated recyclable materials" means source separated nonorganic recyclables and source

separated blue container organic waste.

KKK. "State" means the state of California.

LLL. "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 deNned in 14 CCR Section 18982(a)(71), as amended from time to time.

MMM. "Tier one commercial edible food generator" means a commercial edible food generator that is one of the

following:

 1.   Supermarket.

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

 3.  Food service provider.

 4.  Food distributor.

 5.   Wholesale food vendor.

     The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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If the deNnition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator, as amended from

time to time, diQers from the deNnition of tier one commercial edible food generator in this chapter, the deNnition

in 14 CCR Section 18982(a)(73) shall control.

NNN. "Tier two commercial edible food generator" means a commercial edible food generator that is one of the

following:

 1.   Restaurant with two hundred Nfty or more seats, or a total facility size equal to or greater than Nve

thousand square feet.

 2.   Hotel with an on-site food facility and two hundred or more rooms.

 3.   Health facility with an on-site food facility and one hundred or more beds.

 4.   Large venue.

 5.   Large event.

 6.  A state agency with a cafeteria with two hundred Nfty or more seats or total cafeteria facility size equal to

or greater than Nve thousand square feet.

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

If the deNnition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator, as amended from

time to time, diQers from the deNnition of tier two commercial edible food generator in this chapter, the deNnition

in 14 CCR Section 18982(a)(74) shall control.

OOO. "Uncontainerized green waste and yard waste collection service" or "uncontainerized service" means a

collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the

street in front of a generator’s house or place of business for collection and transport to a facility that recovers

source separated organic waste, or as otherwise deNned in 14 CCR Section 18982(a)(75), as amended from time to

time.

PPP. "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 deNned in 14 CCR Section

18982(a)(76), as amended from time to time.

(Ord. 2800 NCS §3 (Exh. A), 2021.)

Single-family organic waste generators, except for those that meet the self-hauler requirements in Section

8.18.100, shall:

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A. Subscribe to city’s organic waste collection services for all organic waste generated as described in subsection

B of this section. 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. Single-family generators shall adjust the service level for their collection services as

requested by the city. Generators may manage their organic waste by preventing or reducing their organic waste,

managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c),

as amended from time to time.

B. Participate in the city’s organic waste collection service(s) by placing designated materials in designated

containers as described below, and shall not place prohibited container contaminants in collection containers.

Generators shall place source separated green container organic waste, including food waste, in the green

container; source separated recyclable materials in the blue container; and gray container waste in the gray

container. Generators shall not place materials designated for the gray container into the green container or blue

container.

(Ord. 2800 NCS §3 (Exh. A), 2021.)

Generators that are commercial businesses, including multifamily residential dwellings, but excluding commercial

businesses that meet the self-hauler requirements in Section 8.18.100, shall:

A. Subscribe to city’s three-container collection services and comply with requirements of those services as

described in subsection B of this section. City shall have the right to review the number and size of a generator’s

containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection

service for proper separation of materials and containment of materials. Commercial businesses shall adjust their

service level for their collection services as requested by the city.

B. Participate in the city’s organic waste collection service(s) by placing designated materials in designated

containers as follows: Generator shall place source separated green container organic waste, including food waste,

in the green container; source separated recyclable materials in the blue container; and gray container waste in

the gray container. Generator shall not place materials designated for the gray container into the green container

or blue container.

C. Supply and allow access to adequate number, size and location of collection containers with suPcient labels

or colors (conforming with subsections (D)(1) and (2) of this section) for employees, contractors, tenants, and

customers, consistent with city’s blue container, green container, and gray container collection service or, if self-

hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in

accordance with Section 8.18.100.

D. Except for commercial businesses that are multifamily residential dwellings, provide containers for the

collection of source separated green container organic waste and source separated recyclable materials in all

indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that

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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), as amended from time to time, the containers provided by the business shall have either:

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

  city, with either lids conforming to the color requirements or bodies conforming to the color requirements or

both lids and bodies conforming to color requirements. 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 this section prior to the end of the useful life of those containers, or prior to January 1, 2036,

whichever comes Nrst.

 2.   Container labels that include language or graphic images, or both, indicating the primary material

accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic

images that indicate the primary materials accepted and primary materials prohibited in the container.

Pursuant to 14 CCR Section 18984.8, as amended from time to time, the container labeling requirements are

required on new containers commencing January 1, 2022.

E. Commercial businesses that are multifamily residential dwellings are not required to comply with container

placement requirements or labeling requirements in subsection D of this section pursuant to 14 CCR Section

18984.9(b), as amended from time to time.

F. To the extent practical through education, training, inspection, and/or other measures, except for commercial

businesses that are multifamily residential dwellings, commercial businesses shall prohibit employees from

placing materials in a container not designated for those materials per the city’s blue container, green container,

and gray container collection service or, if self-hauling, per the commercial business’s instructions to support its

compliance with its self-haul program, in accordance with Section 8.18.100.

G. Except for commercial businesses that are multifamily residential dwellings, commercial businesses shall

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), as amended from time to time.

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

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

separated recyclable materials.

I. Provide education information before or within fourteen days of occupation of the premises to new tenants

that describes requirements to keep source separated green container organic waste and source separated

recyclable materials separate from gray container waste (when applicable) and the location of containers and the

rules governing their use at each property.

J. Provide or arrange access for city or its designee to commercial business’s properties during all inspections

conducted in accordance with Section 8.18.140 to conNrm compliance with the requirements of this chapter.

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K. Commercial businesses that intend to self haul must satisfy the self-hauler requirements in Section 8.18.100.

L. Nothing in this section shall prohibit a generator from preventing or reducing waste generation, managing

organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c), as amended

from time to time.

M. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with

food recovery requirements, pursuant to Section 8.18.070.

(Ord. 2800 NCS §3 (Exh. A), 2021.)

A. De Minimis Waivers. The city may waive the obligations of commercial businesses (including commercial

businesses that are multifamily residential dwellings) to comply with some or all of the organic waste

requirements of this chapter if the commercial business provides documentation that the business generates

below a speciNed amount of organic waste material in accordance with subsection (A)(2) of this section.

Commercial businesses requesting a de minimis waiver shall:

 1.   Submit an application specifying the requirements that they are requesting be waived and provide

documentation as noted in subsection (A)(2) of this section.

 2.   Provide documentation that either:

       a.  The commercial business’s total solid waste collection service is two cubic yards or less per week

   and organic waste subject to collection in a blue container or green container comprises less than twenty

     gallons per week per applicable container of the business’s total waste; or

      b.  The commercial business’s total solid waste collection service is less than two cubic yards per week

   and organic waste subject to collection in a blue container or green container comprises less than ten

     gallons per week per applicable container of the business’s total waste.

 3.   Notify city if circumstances change such that commercial business’s organic waste exceeds thresholds

required for waiver, in which case waiver will expire.

 4.   Provide written veriNcation of eligibility for de minimis waiver every Nve years, following city approval of

a de minimis waiver.

B. Physical Space Waivers. The city may waive the obligations of a commercial business (including the obligations

of commercial businesses that are multifamily residential dwellings) or those of property owners to comply with

some or all of the recyclable materials and/or organic waste collection service requirements in this chapter if the

city has satisfactory evidence from its own staQ, a hauler, licensed architect, or licensed engineer demonstrating

that the premises lack adequate space for the collection containers required for compliance with the organic

waste collection requirements of Section 8.18.050.

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A commercial business or property owner may request a physical space waiver by:

 1.   Submitting an application form specifying the type(s) of collection services which they are requesting be

waived.

 2.   Providing documentation that the premises lack adequate space for blue containers and/or green

 containers including documentation from its hauler, licensed architect, or licensed engineer.

 3.   Providing written veriNcation to the city that the commercial business or property owner is still eligible

 for physical space waiver every Nve years, once the city has approved an application for a physical space

 waiver.

(Ord. 2800 NCS §3 (Exh. A), 2021.)

A. Tier one commercial edible food generators must comply with the requirements of subsection C 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, as amended from time to time.

B. Large venue or large event operators not providing food services, but permitting food to be provided by

others, shall require food facilities operating at the large venue or large event to comply with the requirements of

subsection C of this section, commencing January 1, 2024.

C. Commercial edible food generators shall:

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

 2.   Contract with or enter into a written agreement with food recovery organizations or food recovery

 services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the

commercial edible food generator self-hauls to the food recovery organization for food recovery.

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

food recovery service.

 4.   Allow city’s enforcement oPcial to access the premises and review records pursuant to subsection (C)(5)

 of this section and 14 CCR Section 18991.4, as amended from time to time.

 5.  Keep records that include the following information, or as otherwise speciNed 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), as amended from time

     to time.

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

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        c.  A record of the following information for each of those food recovery services or food recovery

     organizations:

             (1)  The name, address and contact information of the food recovery service or food recovery

          organization.

             (2)  The types of food that will be collected by or self-hauled to the food recovery service or food

         recovery organization.

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

             (4)  The quantity of food, measured in pounds recovered per month, collected or self-hauled to a

        food recovery service or food recovery organization for food recovery.

D. Nothing in this chapter shall be construed to limit or conOict 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. 2800 NCS §3 (Exh. A), 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 speciNed by 14 CCR Section 18991.5(a)(1), as these provisions may be amended from time to time:

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

 service collects edible food.

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

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

 4.  The name, address, and contact information for each food recovery organization that the food recovery

 service transports edible food to for food recovery.

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food

generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the

following records, or as otherwise speciNed by 14 CCR Section 18991.5(a)(2), as these provisions may be amended

from time to time:

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Title 8 Health and Welfare | Petaluma Municipal Code Page 45 of 128

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

 organization receives edible food.

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

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

 receives edible food from for food recovery.

C. Food recovery organizations and food recovery services shall inform generators about California and federal

Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement

established under 14 CCR Section 18991.3(b), as amended from time to time.

D. Food recovery organizations and food recovery services whose primary address physically is 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 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), as amended from time to time, no later than

March 1st annually.

E. Food Recovery Capacity Planning.

 1.   Food Recovery Services and Food Recovery Organizations. In order to support edible food recovery capacity

planning assessments or other studies food recovery services and food recovery organizations operating in

the city shall provide information and consultation to the city, 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 shall respond to such

request for information within sixty days, unless a shorter time frame is otherwise speciNed by the city.

(Ord. 2800 NCS §3 (Exh. A), 2021.)

A. Requirements for Haulers.

 1.  Any exclusive franchised hauler and nonexclusive franchised haulers providing residential, commercial,

or industrial organic waste collection services to generators within the city’s boundaries shall, as a condition

 of approval of a contract, agreement, or other authorization with the city to collect organic waste:

       a.  Through written notice to the city annually, identify the facilities to which they will transport organic

    waste including facilities for source separated recyclable materials, source separated green container

     organic waste, and mixed waste.

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Title 8 Health and Welfare | Petaluma Municipal Code Page 46 of 128

      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 deNned in 14 CCR

      Division 7, Chapter 12, Article 2, as amended from time to time, and this chapter.

        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, as amended from time to time, Section 8.18.110, and Chapter 8.16.

 2.  Any exclusive franchised hauler, nonexclusive franchised haulers, and permitted haulers authorization to

 collect organic waste in the city 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 with city and/or in accordance with this code and

other applicable law.

B. Requirements for Facility Operators and Community Composting Operations.

 1.  Owners of facilities, operations, and activities that recover organic waste, including, but not limited to,

compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon city request,

provide information regarding available and potential new or expanded capacity at their facilities, operations,

and activities, including information about throughput and permitted capacity necessary for planning

purposes. Entities contacted by the city shall respond within sixty days.

 2.  Community composting operators, upon city request, shall provide information to the city to support

 organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste

 anticipated to be handled at the community composting operation. Entities contacted by the city shall

respond within sixty days.

(Ord. 2800 NCS §3 (Exh. A), 2021.)

A. Self-haulers shall source separate all recyclable materials and organic waste (materials that city otherwise

requires generators to separate for collection in the city’s organics and recycling collection program) generated on

site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, as amended from time to

time, or shall haul organic waste to a high diversion organic waste processing facility as speciNed in 14 CCR Section

18984.3, as amended from time to time.

B. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials;

and haul their source separated green container organic waste to a solid waste facility, operation, activity, or

property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic

waste to a high diversion organic waste processing facility.

C. Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record

of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes

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or recovers organic waste. These records shall be subject to inspection by the city and shall include the following

information:

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

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

 3.    If the material is transported to an entity that does not have scales on site, or employs scales incapable

 of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received,

the self-hauler is not required to record the weight of material but shall keep a record of the entities that

 received the organic waste.

D. A residential organic waste generator that self hauls organic waste is not required to record or report

information as speciNed in subsection C of this section.

(Ord. 2800 NCS §3 (Exh. A), 2021.)

Persons applying for a permit from the city for new construction and building additions and alterations shall

comply with all applicable requirements of the California Green Building Standards Code, 24 CCR Part 11, known

as CALGreen, as adopted by the city pursuant to Section 17.04.010(J). (Ord. 2800 NCS §3 (Exh. A), 2021.)

Property owners and their building or landscape designers, including anyone requiring a building or planning

permit, plan check, or landscape design review from the city, who are constructing a new (single-family,

multifamily, public, institutional, or commercial) project with a landscape area greater than Nve hundred square

feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand Nve hundred

square feet, shall comply with all applicable water ePcient landscaping requirements of the city, including, but not

limited to, the requirements in Section 15.17.050(C)(4). (Ord. 2800 NCS §3 (Exh. A), 2021.)

and vendors.

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

A. If Ntness and quality are equal, provide recycled-content paper products and recycled-content printing and

writing paper that consists of at least thirty percent, by Nber weight, postconsumer Nber instead of nonrecycled

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products whenever recycled paper products and printing and writing paper are available at the same or lesser

total cost than nonrecycled items.

B. Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability

standard as deNned in 16 Code of Federal Regulations (CFR) Section 260.12.

C. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper

products and printing and writing paper oQered or sold to the city. This certiNcation requirement may be waived if

the percentage of postconsumer material in the paper products, printing and writing paper, or both can be

veriNed by a product label, catalog, invoice, or a manufacturer or vendor internet website.

D. Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper

oQered or sold to the city are eligible to be labeled with an unqualiNed recyclable label as deNned in 16 Code of

Federal Regulations (CFR) Section 260.12 (2013).

E. Provide records to the city’s recovered organic waste product procurement recordkeeping designee within

thirty days of the purchase (both recycled content and nonrecycled content, if any is purchased) made by any

division or department or employee of the city including a copy (electronic or paper) of the invoice or other

documentation of purchase, written certiNcations as required in subsections C and D of this section for recycled-

content purchases, including purchaser name, quantity purchased, date purchased, and recycled content

(including products that contain none), and if nonrecycled-content paper products or printing and writing papers

are provided, provide a description of why recycled-content paper products or printing and writing papers were

not provided.

(Ord. 2800 NCS §3 (Exh. A), 2021.)

Subject to the requirements of the Fourth Amendment to the U.S. Constitution and other applicable law, city

enforcement oPcials are hereby authorized to conduct inspections and investigations to verify compliance with

the requirements of this chapter, in response to complaints from members of the public, at random or otherwise,

including, but not limited to, inspections and investigations of any collection container, collection vehicle loads, or

transfer, processing, or disposal facility for materials collected from generators, or source separated materials to

conNrm compliance with this chapter by organic waste generators, commercial businesses (including multifamily

residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery

services, and food recovery organizations. City enforcement oPcials shall be granted access at all reasonable

times to conduct inspections and investigations pursuant to this chapter. Such inspections and investigations may

include, but are not limited to, conNrmation of proper placement of materials in containers, review of edible food

recovery activities, review of records, and inspection, investigation or review of compliance with any other

requirement of this chapter. Failure to provide or arrange for: (A) access to a premises subject to this chapter; or

(B) access to records for any inspection or investigation in accordance with this chapter is a violation of this

chapter subject to enforcement in accordance with Section 8.18.150. (Ord. 2800 NCS §3 (Exh. A), 2021.)

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A. Violation of any requirement of this chapter shall be subject to enforcement and penalties speciNed in this

section, Chapters 1.10 through 1.16, and any other applicable laws or regulations. In the sole discretion of the city

and city enforcement oPcials acting on behalf of the city, violations of this chapter may be enforced

administratively, or by civil or criminal enforcement action, in accordance with Chapters 1.10 through 1.16.

B. Enforcement of Prohibited Container Contaminant Violations. City enforcement oPcials may issue a notice to any

generator found to have prohibited container contaminants in a container in violation of this chapter. Such notice

will be provided via a cart tag or other communication upon identiNcation of the prohibited container

contaminants after determining that a violation has occurred. Upon the third notice to a generator of prohibited

container contaminants in a generator’s containers within a three-month period, the city enforcement oPcial may

issue the generator a notice of violation in accordance with Section 1.14.020 or seek other remedies for such

violations in accordance with Chapters 1.10 through 1.16 or other applicable laws or regulations.

C. Enforcement of Other Violations. Regarding violations of the requirements of this chapter other than prohibited

container contaminant violations, city enforcement oPcials may issue a notice of violation requiring compliance

within the time stated in the notice of violation in accordance with Section 1.14.020 or seek other remedies for

such violations in accordance with Chapters 1.10 through 1.16 or other applicable laws or regulations.

Absent compliance within the deadline set forth in the notice of violation, city enforcement oPcials may

commence an action to impose penalties, via an administrative citation and Nne, pursuant to Chapters 1.10

through 1.16. Notices of violation shall be sent to single-family generators, commercial business generators,

organic waste generators, self-haulers, haulers, tier one commercial edible food generators, food recovery

organizations, food recovery services, or other entities subject to this chapter at the oPcial address maintained by

the tax collector for the city 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 at the dwelling or

commercial property.

D. Penalty Amounts for Violations. The amounts of the penalties for code violations imposed pursuant to this

chapter shall be set forth in a schedule of penalties established by resolution of the city council in accordance with

E. Compliance Deadline Extension Considerations. The city enforcement oPcial may in the oPcial’s sole discretion

extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if he or

she Nnds that there are extenuating circumstances beyond the control of the generator named in the notice that

make compliance within the deadlines impracticable, which circumstances may include but are not limited to the

following:

 1.   Acts of God such as earthquakes, wildNres, Oooding, and other emergencies or natural disasters;

 2.   Delays in obtaining discretionary permits or other government agency approvals; or

 3.   DeNciencies 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 deNciencies.

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F. Hearings and Appeals. Hearings and appeals concerning notices of violation and other enforcement actions

brought for violations of this chapter shall be in accordance with the provisions of Chapters 1.10 through 1.16, as

applicable.

G. Grace Period. Notwithstanding any other provision of this chapter to the contrary, beginning January 1, 2022,

and continuing through December 31, 2023, city enforcement oPcials will conduct inspections, route reviews or

waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine

compliance, and if the city determines that a single-family or commercial business organic waste generator, self-

hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or

other entity is not in compliance with the requirements of this chapter, city enforcement oPcials shall provide

educational materials to the entity in violation describing its obligations under this chapter and a notice that

compliance is required, and that violations may be subject to administrative civil penalties and/or other

enforcement beginning on January 1, 2024.

(Ord. 2800 NCS §3 (Exh. A), 2021.)