Pinole Municipal Code Ch. 8.10 Organics Reductions and Recycling

The city finds and declares:

A. This chapter shall be entitled "Organics Reduction and Recycling Ordinance."

B. The purpose of this chapter is to reduce the amount of organic and recyclable materials deposited in landfills from commercial and residential generators in accordance with applicable law, including SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, and the regulations adopted to implement such laws.

C. The City Council may, by resolution, authorize and designate other entities to carry out responsibilities under this chapter, to the extent allowed by applicable law, and no amendment of this chapter shall be required. (Ord. 2021-01 § 2 (part), 2021)

The following definitions govern the use of terms in this chapter:

A. CALRECYCLE. California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on jurisdictions (and others).

B. CALIFORNIA CODE OF REGULATIONS or CCR. 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).

C. CITY. The City of Pinole.

D. COMMERCIAL BUSINESS or COMMERCIAL. A firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five (5) units is not a commercial business for purposes of implementing this chapter.

E. COMMERCIAL EDIBLE FOOD GENERATOR. A tier one or a tier two commercial edible food generator as defined in this chapter 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).

F. COMMUNITY COMPOSTING. 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 (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

G. COMPLIANCE REVIEW. A review of records by a jurisdiction to determine compliance with this chapter.

H. COMPOST. Has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective 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.

I. CONTAINER CONTAMINATION or CONTAMINATED CONTAINER. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

J. C&D. Construction and demolition debris.

K. DESIGNEE. 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, the franchise hauler, a private entity, or a combination of those entities.

L. EDIBLE FOOD. 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 solid waste 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.

M. ENFORCEMENT ACTION. An action of the city to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

N. EXCLUDED WASTE. 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 city's or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose 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 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. EXCLUDED WASTE does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined 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 the city or the designee for collection services.

O. FOOD DISTRIBUTOR. 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).

P. FOOD FACILITY. The same meaning as in Section 113789 of the Health and Safety Code.

Q. FOOD RECOVERY. Actions to collect and distribute food for human consumption that otherwise would be disposed of, or as otherwise defined in 14 CCR Section 18982(a)(24).

R. FOOD RECOVERY ORGANIZATION. 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.

S. FOOD RECOVERY SERVICE. 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).

T. FOOD SCRAPS. All food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, 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.

U. FOOD SERVICE PROVIDER. 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).

V. FOOD-SOILED PAPER. Compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes and milk cartons.

W. FOOD WASTE. Food scraps and food-soiled paper, in combination or separately.

X. FRANCHISE HAULER. Such persons, firms or corporations collecting and delivering for disposal, recycling or processing solid waste originating in the city and doing so under a contract or franchise agreement with the city.

Y. GARBAGE. Those elements of the solid waste stream designated for the garbage container, and excludes hazardous waste, excluded waste, materials designated for the organics container or recycling container or materials which have been separated for reuse.

Z. GARBAGE CONTAINER. Has the same meaning as gray container in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of garbage.

AA. GROCERY STORE. 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).

BB. HAULER ROUTE. 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).

CC. HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY. 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 (50%) between January 1, 2022 and December 31, 2024, and seventy-five percent (75%) 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).

DD. INSPECTION. A site visit where a jurisdiction reviews records, containers, and an entity's collection, handling, recycling, or landfill 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 defined in 14 CCR Section 18982(a)(35).

EE. ENFORCEMENT OFFICIAL. The city manager, or his or her designee, or an authorized designee.

FF. LARGE EVENT. 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 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

GG. LARGE VENUE. A permanent venue facility that annually seats or serves an average of more than 2,000 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.

HH. LOCAL EDUCATION AGENCY. A school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

II. MIXED WASTE ORGANIC COLLECTION STREAM or MIXED WASTE. Organic waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility, or as otherwise defined in 14 CCR Section 17402(a)(11.5).

JJ. MULTI-FAMILY RESIDENTIAL COMPLEX or MULTI-FAMILY. For purposes of SB 1383 compliance requirements, being of, from, or pertaining to residential premises with five (5) or more dwelling units. MULTI-FAMILY COMPLEX does not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses for purposes of SB 1383 compliance.

KK. NON-COMPOSTABLE PAPER. Includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

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

MM. NOTICE OF VIOLATION (NOV). 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.

NN. ORGANICS CONTAINER. Has the same meaning as green container in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated organic waste designated for compost processing, including food waste and landscape and pruning waste accepted in the city's organic waste collection program, and other organic materials as determined by the city as acceptable for the ORGANICS CONTAINER.

OO. ORGANIC WASTE. 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 organic 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).

PP. ORGANIC WASTE GENERATOR. A person or entity that is responsible for the initial generation or accumulation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

QQ. 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).

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

SS. PROHIBITED CONTAINER CONTAMINANTS.

1. Discarded materials placed in the recycling container that are not identified as acceptable source separated recyclable materials for the recycling container;

2. Discarded materials placed in the organics container that are not identified as acceptable source separated organic waste for the organics container;

3. Discarded materials placed in the garbage container that are acceptable source separated recyclable materials and/or source separated organic wastes not correctly placed in the organics container and/or recycling container; and

4. Excluded waste placed in any container.

TT. RECOVERED ORGANIC WASTE PRODUCTS. Products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

UU. RECOVERY. Any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

VV. RECYCLED-CONTENT PAPER. Paper products and printing and writing paper that consists of at least thirty percent (30%), by fiber weight, post-consumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

WW. RECYCLING CONTAINER. Has the same meaning as blue container in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.

XX. REGIONAL AGENCY. Regional agency as defined in Public Resources Code Section 40181.

YY. REGIONAL OR COUNTY AGENCY ENFORCEMENT OFFICIAL. A regional or county agency enforcement official, designated by the city with responsibility for enforcing the ordinance in conjunction or consultation with City's Enforcement Official.

ZZ. REMOTE MONITORING. The use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

AAA. RENEWABLE GAS. Gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

BBB. RESTAURANT. 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).

CCC. ROUTE REVIEW. 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).

DDD. SB 1383. 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.

EEE. SB 1383 REGULATIONS or SB 1383 REGULATORY. 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.

FFF. SELF-HAULER. A generator, that hauls solid waste, organic waste or recyclable materials it has generated, using its own vehicles and equipment, driven by the generator or its employees, to an appropriate approved materials processing or disposal facility. SELF-HAULER also includes a person who back-hauls waste,). "Back-haul" means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees, vehicles and equipment.

GGG. SINGLE-FAMILY. Of, from, or pertaining to any residential premises with fewer than five (5) units.

HHH. SOLID WASTE. The same meaning as defined in State Public Resources Code Section 40191, which defines 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 fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid 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 defined 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);

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 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.

III. SOURCE SEPARATED. 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 defined in 14 CCR Section 17402.5(b)(4). 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 different containers for the purpose of collection such that SOURCE SEPARATED materials are separated from mixed waste or other solid waste for the purposes of collection and processing.

JJJ. SOURCE SEPARATED RECYCLING CONTAINER ORGANIC WASTE. Source separated organic waste that can be placed in a recycling container that is designated and limited to the collection of those and non-organic recyclable as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).

KKK. SOURCE SEPARATED ORGANIC WASTE. Source separated organic waste materials that can be placed in an organics container that is specifically intended for the separate collection of organic waste materials by the generator, excluding source separated recycling container organic waste, textiles and carpets, non-compostable paper.

LLL. SOURCE SEPARATED RECYCLABLE MATERIALS. Source separated non-organic recyclables and source separated recycling container organic waste.

MMM. STATE. The State of California.

NNN. SUPERMARKET. A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), 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).

OOO. TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR. 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 (10,000) square feet;

• 3. Food service provider;
• 4. Food distributor;
• 5. 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.

PPP. TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR. A commercial edible food generator that is one of the following:

1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet;

• 2. Hotel with an on-site food facility and two hundred (200) or more rooms;
• 3. Health facility with an on-site food facility and one hundred (100) or more beds;
• 4. Large venue;
• 5. Large event;

6. A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet;

7. 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.

QQQ. UNCONTAINERIZED YARD WASTE COLLECTION SERVICE or UNCONTAINERIZED SERVICE. A collection service that collects yard waste that is placed in a pile, tie-bundled or bagged for collection at the curb 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 defined in 14 CCR Section 189852(a)(75).

RRR. WHOLESALE FOOD VENDOR. 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 189852(a)(76). (Ord. 2021-01 § 2 (part), 2021)

Except single-family generators that meet the self-hauler requirements in section 8.10.090 of this chapter, single-family organic waste generators shall comply with the following requirements:

A. Shall subscribe to city's organic waste collection services for all organic waste generated as described below in subsection B. City shall have the right to review the commodity type, number and size of a generator's containers to evaluate adequacy of capacity provided for each commodity type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust their service level for its collection services as requested by the city. Generators may additionally manage their organic waste materials by preventing or reducing their organic waste, managing organic waste materials on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c);

B. Shall 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 organic waste, including food waste, in the organics container for this purpose; source separated recyclable materials in the recycling container for this purpose; and garbage in the garbage container for this purpose. Generators shall not place garbage into the recycling or organics containers. (Ord. 2021-01 § 2 (part), 2021)

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

A. Subscribe to city's collection services and comply with requirements of those services as described below in subsection B, except commercial businesses that meet the self-hauler requirements in section 8.10.090 of this chapter. City shall have the right to review the commodity type, number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the city;

B. Except commercial businesses that meet the self-hauler requirements in section 8.10.090 of this chapter, participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below. Generators shall place source separated organic waste, including food waste, in the organics container; source separated recyclable materials in the recycling container; and garbage in the garbage container. Generator shall not place garbage into the recycling or organics. Supply and allow access to adequate commodity type, number, size and location of collection containers with sufficient labels or colors (conforming with subsections D.1 or 2 below) for employees, contractors, tenants, and customers' use, consistent with city's collection service or, if self-hauling, per the Commercial businesses' instructions to support its compliance with its self-haul program, in accordance with section 8.10.090;

C. Excluding multi-family residential complexes, provide containers of sufficient capacity and numbers for the collection of source separated organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers' on-site disposal of materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

1. A body or lid that conforms with the following container colors, with either lids conforming to these color requirements or bodies conforming to these color requirements, or both lids and bodies conforming to these color requirements: gray or black containers for garbage, blue containers for recycling containers, and green containers for organics containers. SB 1383 compliant container colors provided through the franchise hauler collection service provided by city. Commercial businesses are not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

2. Container shall have labels or imprinted text that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

D. Multi-family residential complexes are not required to comply with container placement requirements or labeling requirement in subsection D pursuant to 14 CCR Section 18984.9(b);

E. To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential complexes, prohibit employees from placing materials in a container not designated for those materials per the city's franchise hauler's collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with section 8.10.090;

F. Excluding multi-family residential complexes , periodically inspect 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);

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

H. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials separate from garbage (when applicable) and the location of containers and the rules governing their use at each property;

I. 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;

J. Accommodate and cooperate with any remote monitoring program established by a the city or its designee for inspection of the types of materials placed in containers for prohibited container contaminants to evaluate generator's compliance with this chapter;

K. At commercial business's option and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its recycling, organics, and garbage containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in containers subject to written notification to or approval by the city or its designee;

L. If a commercial business wants to self-haul, meet the self-hauler requirements in section 8.10.090 of this chapter;

M. Nothing in this section prohibits 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);

N. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to section 8.10.060. (Ord. 2021-01 § 2 (part), 2021)

A. De Minimis Waivers. Upon application by a customer, the city may waive a commercial business' obligation (including multi-family residential complexes) 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 of twenty (20) gallons of organic waste materials as described in subsection A.2 below. Commercial businesses requesting a de minimis waiver shall:

1. Submit an application, on the form provided by the city or designee. specifying the organic materials collection services that they are requesting a waiver from and provide documentation as noted in subsection A.2 below;

2. Provide documentation that either:

a. The commercial business' total solid waste collection service is two (2) cubic yards or more per week and organic waste comprises less than twenty (20) gallons per week per applicable container of the business' total waste; or

b. The commercial business' total combined solid waste collection service is less than two (2) cubic yards per week and organic waste comprises less than ten (10) gallons per week per applicable container of the business' total waste.

c. For the purposes of subsections A and B above, TOTAL SOLID WASTE shall be the sum of weekly garbage, source separated recyclable materials, and source separated organic waste measured in cubic yards.

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

4. If the waiver is granted, provide written verification of continued eligibility for de minimis waiver to city every five (5) years.

B. Physical Space Waivers. Upon customer application, the city may waive a commercial business' or property owner's obligations (including multi-family residential complexes) 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, the franchised hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the recyclable and organic waste collection requirements of this chapter. A commercial business or property owner may request a physical space waiver through the following process:

1. Submit an application form, provided by the city of its designee, specifying the type(s) of collection services for which they are requesting a compliance waiver;

2. Provide documentation that the premises lacks adequate space for recyclables and organics containers including documentation from the franchise hauler, licensed architect, licensed engineer, or other person authorized by the city;

3. If the waiver is granted, provide written verification to the city of continued eligibility for a physical space waiver every five (5) years.

C. The city manager, or his or her designee, shall be responsible for the review and approval of waivers pursuant to this section. The city manager may adopt guidelines for the review and approval or such waivers. (Ord. 2021-01 § 2 (part), 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:

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: (i) the collection of edible food for food recovery; or (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery;

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

4. Allow 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;

5. 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.

6. Tier one commercial edible food generators and tier two commercial edible food generators shall provide, upon request, a food recovery report to the city that includes the information in subsection C.5. Entities shall provide the requested information within sixty (60) days of the request.

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).

E. Nothing in this chapter prohibits a commercial edible food generator from donating edible food directly to end recipients for consumption, pursuant to Health and Safety Code Section 114432(a). (Ord. 2021-01 § 2 (part), 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):

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 specified by 14 CCR Section 18991.5(a)(2):

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

2. 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).

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 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) no later than March 31, 2023, and no later than every March 31 thereafter, submit a report covering the period of January 1 to December 31 of the previous calendar year.

E. Food recovery capacity planning. 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, upon request, information and consultation to the city 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 (60) days, unless a shorter timeframe is otherwise specified by the city. (Ord. 2021-01 § 2 (part), 2021)

A. Requirements for Haulers.

1. The city's franchise hauler providing residential, commercial, or industrial organic waste collection services to generators within the city shall be deemed to meet the following requirements:

a. Through written notice to the city annually on or before March 31, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, source separated organic waste, and mixed waste;

b. Transport source separated recyclable materials, source separated organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2;

c. Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste (i) to a community composting site, (ii) in conformance with a post-collection services agreement to which the city and/or the franchise hauler is a party, or (iii) lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, this chapter, and all other applicable laws, regulations and rules.

2. The franchised hauler collecting organic waste shall:

a. Up to four (4) times per year, provide reports to the city on commercial business account information and service levels in a form to be specified by the city;

b. Assist in the dissemination of SB 1383 educational materials to single-family and commercial business accounts;

c. Conduct or comply with container contamination minimization efforts such as route reviews or waste evaluations. Inform generators when container contamination is observed by the franchised hauler;

d. If requested by the city, assist generators with verification of physical space constraints when generator submits an application for a physical space waiver;

e. Provide commercial business accounts with interactive assistance such as employee trainings, in a virtual or in-person format, when recycling container collection service or composting container collection service is added, or upon request.

3. The franchised hauler has been designated the exclusive authorized collector for all solid waste generated or accumulated within the boundaries of the city, including garbage, recyclable materials and organic waste. No other person or commercial enterprise shall be permitted to operate a collection system within the city. No single-family, multi family complex or commercial business generator may contract with another commercial enterprise or person for the collection of such materials.

4. No person may collect, transport, or convey discarded single-family or commercial garbage, recyclable materials or organic waste where any fee, net fee or other remuneration whatsoever is charged or accepted for the collection, transportation, conveyance, processing or disposal of such material, including discounted fees, without holding a franchise from the city. This excludes collection of materials associated with services paid for and provided by a company as an incidental part of a total service offered by that company rather than as a hauling service as determined by the city, and excludes excluded waste such as tires, and hazardous waste.

5. It is unlawful for any person other than the franchised hauler to collect or inspect recyclable materials, organic waste or garbage placed on city curbs in public use containers for collection.

B. Requirements for Facility Operators and Community Composting Operation.

1. Owners of facilities, operations, and activities located within the city that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon 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 (60) days.

2. Community composting operators located within the city, upon 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 (60) days. (Ord. 2021-01 § 2 (part), 2021)

A. Self-haulers shall source separate all recyclable materials and organic waste generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

B. Commercial business self-haulers shall haul their source separated recyclable materials to a recycling facility that recovers those materials; and haul their source separated organic waste to an approved solid waste facility that processes or recovers source separated organic waste or to a high diversion organic waste processing facility; and haul their garbage to a fully permitted solid waste facility .

C. Self-haulers that are commercial businesses (including multi-family residential complexes) shall keep a record of the amount of organic waste delivered to each approved solid waste facility, that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:

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

2. 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. Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in section 8.10.090.C to city if requested.

E. A residential organic waste generator that self hauls organic waste is not required to record or report information in section 8.10.090.C and D. (Ord. 2021-01 § 2 (part), 2021)

Persons applying for a permit from the city for new construction and building additions and alternations shall comply with all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, which have been adopted by the city pursuant to chapter 15.08 of this code. (Ord. 2021-01 § 2 (part), 2021)

All landscape projects in the city shall comply with chapter 15.54, Water Efficient Landscaping, of this code as applicable. Chapter 15.54 codifies the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7. (Ord. 2021-01 § 2 (part), 2021)

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

1. If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty percent (30%), by fiber weight, post-consumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items;

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

B. Mulch Standards. Any mulch sold or otherwise provided to city in connection with city's compliance with the State of California's Recovered Organic Waste Product Procurement Target requirements set forth in Section 18993.1 of Title 14 of the California Code of Regulations shall:

1. Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in Subsections 17852(a)(24.5)(A)1 through 3 of Title 14 of the California Code of Regulations; and

2. Be produced at one of more of the following:

a. A compostable material handling operation or facility as defined in Section 17852(a)(12) of Title 14 of the California Code of Regulations, other than a chipping and grinding operation or facility as defined in Section 17852(a)(10) of Title 14 of the California Code of Regulations, that is permitted or authorized under this division;

b. A transfer/processing facility or transfer/processing operation as defined in Sections 17402(a)(30) and (31) of Title 14 of the California Code of Regulations, respectively, that is permitted or authorized under this division; or

c. A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under Division 2 of Title 27 of the California Code of Regulations. (Ord. 2021-01 § 2 (part), 2021)

A. City, franchise hauler representatives and/or city's designated entity, including designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city or franchise hauler to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with this chapter, city or franchised hauler may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to this chapter.

B. A person or entity subject to the requirements of 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 employee, franchised hauler or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment (optional); or (iii) access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described.

C. Any records obtained by a city or franchised hauler during its inspections, remote monitoring, 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 or franchise hauler representatives, city's designated entity, and/or designee are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

E. The city or franchised hauler shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 Regulations, including receipt of anonymous complaints. (Ord. 2021-01 § 2 (part), 2021)

A. Violation of any provision of this chapter may constitute grounds for issuance of a Notice of Violation and assessment of a fine in the discretion of the Enforcement Official. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The city's procedures for imposition of administrative fines are hereby incorporated by reference 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.

C. Except as otherwise specified herein, the procedures for issuance of the Notice of Violation and the assessment of fine shall be those procedures set forth in chapter 8.25.

D. Process for Enforcement.

1. The city, franchised hauler and/or its designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring).

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

3. City may issue a Notice of Violation requiring compliance within sixty (60) days of issuance of the notice.

4. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, city is authorized to commence an action to impose penalties, via an administrative citation and fine, pursuant to the city's standard procedures.

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

1. For a first violation, the amount of the penalty shall be fifty dollars ($50) to one hundred dollars ($100) per violation.

2. For a second violation, the amount of the penalty shall be one hundred dollars ($100) to two hundred dollars ($200) per violation.

3. For a third or subsequent violation, the amount of the penalty shall be two hundred fifty dollars ($250) to five hundred dollars ($500) per violation.

F. Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this chapter if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

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

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

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

G. 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 the city's codes 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.

H. Education Period for Noncompliance. Beginning January 1, 2022 and through December 31, 2023, city will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if city determines that 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, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required starting on January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

I. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the jurisdiction determines that an organic waste generator, 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 chapter, as needed.

J. Delegation. The City Council may, by resolution, authorize and designate other entities to carry out responsibilities under this chapter, to the extent allowed by applicable law, and no amendment of this chapter shall be required. (Ord. 2021-01 § 2 (part), 2021)