Pismo Beach Municipal Code Ch. 8.13 Mandatory Organic Waste Disposal Reduction

Generators, commercial edible food generators, food recovery organizations, food recovery services, haulers, and owners of facilities, operations, and activities that recover organic waste are subject to the Short-lived Climate Pollutant Reduction Act of 2016 ("Act") and Senate Bill 1383 Regulations. The foregoing persons and entities shall fully comply with all applicable requirements of the Act, SB 1383 Regulations, this chapter, and any collection agreement in effect. In the event of a conflict between the provisions of this chapter and other provisions of this Code, the provisions of this chapter shall control. In the event of a conflict between the provisions of the SB 1383 Regulations and the provisions of this chapter, the SB 1383 Regulations shall control.

(Ord. O-2021-004 § 1 (part), 2021)

For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms that are not in this section and defined elsewhere in this Code shall have the same meanings in this chapter unless the context otherwise requires. In the event of a conflict between a definition in the Code and a definition in 14 CCR Section 18982, the definitions in Section 18982 shall control for the purposes of this chapter. Additionally, for the purposes of this chapter, the definitions in 14 CCR Section 18982 shall control for terms used in this chapter and not defined in this Code. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. Unless otherwise specified herein, references to a statute or regulation means that section, as amended, supplemented, superseded, and replaced from time to time.

"Blue container" has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of source separated recyclable materials. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of source separated recyclable materials and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) shall be deemed to be blue containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.

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

"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).

"City" means the City of Pismo Beach.

"Commercial business" or "commercial" means 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 residential multi-family dwelling that consists of fewer than five (5) units is not a commercial business for purposes of implementing this chapter.

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

"Community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed one hundred (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).

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

"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 or as otherwise defined in 14 CCR Section 17896.2(a)(4).

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

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

"Contract agent" means an agent or employee of the city, or any person, business, or hauler with whom the city shall have duly contracted under a solid waste collection agreement to collect, transport through the streets, alleys, or public ways of the city, and dispose of solid waste produced within the limits of the city, organized and operating under the laws of the State of California and its officers, directors, employees, agents, companies, related-parties, affiliates, subsidiaries, and subcontractors.

"County Enforcement Official" means an agency enforcement official of San Luis Obispo County.

"Customer" means the person whom a contract agent submits its billing invoice to and collects payment from for collection services provided to a premises. The customer may be either the occupant or owner of the premises.

"C&D" means construction and demolition debris.

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

"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not 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 Health and Safety Code, including the California Retail Food Code.

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

"Enforcement official" means the city manager, city attorney, or other executive in charge of an authorized designee(s) who is or are partially or wholly responsible for enforcing this chapter, including, if applicable, the County Enforcement Official.

"Excluded waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s) receiving materials from the city and its generators, and/or a contract agent 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 California Public Resources Code Sections 41500 and 41802. Excluded waste does not include used motor oil and filters when such materials are defined as allowable materials for collection through the city's collection programs and the generator has properly placed the materials for collection pursuant to instructions provided by the city, a contract agent, or the city's designee for collection services.

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

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

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

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

1. A food bank as defined in Health and Safety Code Section 113783;

2. A nonprofit charitable organization as defined in Health and Safety Code Section 113841; and,

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

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).

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

"Food scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.

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

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

"Food waste" means food scraps, food-soiled paper, and compostable plastics.

"Food waste self-hauler" means a self-hauler who generates and hauls, utilizing their own employees and equipment, an average of one (1) cubic yard or more per week, or six thousand five hundred (6,500) pounds or more per quarter of their own food waste to a location or facility that is not owned and operated by that self-hauler. Food waste self-haulers are a subset of self-haulers.

"Generator" means a person or entity that is responsible for the initial creation of solid waste and with respect to organic waste, means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

"Gray container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of gray container waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of gray container waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28) shall be deemed to be gray containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.

"Gray container waste" means solid waste that is collected in a gray container that is part of the city's three-container collection service that prohibits the placement of organic waste, other than carpets and textiles, in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

"Green container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of source separated green container organic waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of source separated green container organic waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) shall be deemed to be green containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.

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

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

"Hazardous substance" means any of the following: (a) any substances defined, regulated or listed (directly or by reference) as "hazardous substances", "hazardous materials", "hazardous wastes", "toxic waste", "pollutant", or "toxic substances", or similarly identified as hazardous to human health or the environment, in or pursuant to: (i) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC §1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7901 et seq.; and, (vii) California Water Code §13050; (b) any amendments, rules, or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and, (c) any other hazardous or toxic substance, material, chemical, waste, or pollutant identified as hazardous or toxic or regulated under any other applicable law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyls (PCBs), petroleum, natural gas, and synthetic fuel products, and by-products.

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

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

"Infectious waste" means (a) equipment, instruments, utensils, and other fomites of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must, therefore, be isolated as required by public health agencies; (b) laboratory wastes, including pathological specimens (i.e., all tissues, specimens of blood elements, excreta, and secretions obtained from patients or laboratory animals) and disposable fomites (any substance that may harbor or transmit pathogenic organisms) attendant thereto; and/or (c) surgical operating room pathologic specimens, including recognizable anatomical parts, human tissue, anatomical human remains, and disposable materials from hospitals, clinics, outpatient areas, and emergency rooms, as defined in 14 CCR Section 17225.36.

"Inspection" means a site visit where an enforcement official or the city's designee 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).

"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 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, or as otherwise defined in 14 CCR Section 18982(a)(38).

"Large venue" means 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, or as otherwise defined in 14 CCR Section 18982(a)(39). 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.

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

"Multi-family residential dwelling" or "multi-family" or "MFD" means of, from, or pertaining to residential premises with five or more dwelling units including such premises when combined in the same building with commercial establishments, that receive centralized, shared, collection service for all units on the premises which are billed to one customer at one address.

"Non-compostable 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 defined in 14 CCR Section 18982(a)(41).

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

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

"Occupant" means the person who occupies a premises.

"Organic 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 defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

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

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

"Printing and writing 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).

"Premises" means and includes any land, building and/or structure, or portion thereof, in the city where solid waste is produced, generated, or accumulated. All structures on the same legal parcel, which are owned by the same person shall be considered as one premises.

"Prohibited container contaminants" means the following, unless otherwise defined in 14 CCR Section 18982(a)(55): (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container; (ii) non-organic waste and any other discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container including carpet, hazardous wood waste and non-compostable paper; (iii) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic waste to be placed in the city's blue container or green container; and, (iv) excluded waste placed in any container, or as otherwise defined in 14 CCR Section 18982(a)(55).

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

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

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

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

"SB 1383" means Senate Bill 1383 of 2016 approved by the California Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

"SB 1383 Regulations" or "SB 1383 Regulatory" means 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 14 CCR and 27 CCR.

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

"Self-hauler" means a person or entity, who, in compliance with all applicable requirements of this chapter, hauls solid waste, organic waste or recyclable materials they have generated to another person or entity, or as otherwise defined in 14 CCR Section 18982(a)(66). Self-hauler also includes a landscaper, or a person who back-hauls waste. Back-haul means generating and transporting recyclable materials or organic waste to a destination owned and operated by the generator using the generator's own employees and equipment.

"Service level" refers to the container size and the frequency of collection service for a customer of a contract agent.

"Single-family" means of, from, or pertaining to any premises with fewer than five (5) dwelling units.

"Solid waste" unless otherwise defined in Public Resources Code Section 40191 means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable, or animal solid and 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 defined in the Public Resources Code Section 40141.

2. Radioactive waste regulated pursuant to the Radiation Control Law, commencing with Health and Safety Code Section 114960.

3. Medical waste regulated pursuant to the Medical Waste Management Act, commencing with Health and Safety Code Section 117600. Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in 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 Public Resources Code, commencing with Section 40000.

Notwithstanding any provision to the contrary, solid waste may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Public Resources Code Section 41500 and 41802 as may be amended from time to time.

"Source separated" means materials, including commingled recyclable materials and organic waste, 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 the 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 solid waste for the purposes of collection and additional sorting or processing of those materials.

"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 non-organic recyclables, as defined in 14 CCR Section 18984.1 (a)(43), or as otherwise defined by 14 CCR 17402(a)(26.7) or specified in 14 CCR Sections 18984.1(a) and (b). Source separated blue container organic waste includes paper products, printing and writing paper, wood and dry lumber, and textiles unless otherwise specified by the city, and excludes source separated green organic waste.

"Source separated green container organic waste" means source separated organic waste, including food waste, that can be placed in a green container that is limited to the collection of that organic waste; or as otherwise specified in 14 CCR 18984.1(a) and (b), and excludes source separated blue container organic waste, carpets, non-compostable paper, and textiles.

"Source separated recyclable materials" means source separated non-organic recyclables and source separated blue container organic waste.

"State" means the State of California.

"Supermarket" means 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 non-food items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following, or as otherwise defined in 14 CCR Section 18982(a)(73):

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.

"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following, or as otherwise defined in 14 CCR Section 18982(a)(74):

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.

"Ton" or "tonnage" means a unit of measure for weight equivalent to two thousand (2,000) standard pounds where each pound contains sixteen (16) ounces.

"Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

(Ord. O-2021-004 § 1 (part), 2021)

A. Except generators of single-family premises that meet the self-hauler requirements in Section 8.13.100, generators of single-family premises shall comply with the following requirements:

1. Subscribe to and pay for city's three-container collection services of gray container waste, source separated green container organic waste, and source separated recyclable materials generated by the single-family premises and comply with requirements of those services as described below in Section 8.13.030(A)(2). City and its designee(s) shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. The generators of single-family premises shall adjust their service level for their collection services as requested by the city.

2. Participate in the city's three-container collection service(s) in the manner described below.

a. Place source separated green container organic waste in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container.

b. Not place prohibited container contaminants in collection containers and not place materials designated for the green containers or blue containers in the gray containers.

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

(Ord. O-2021-004 § 1 (part), 2021)

A. Generators of multi-family premises shall provide or arrange for gray container waste, source separated green container organic waste, and source separated recyclable materials collection services consistent with this chapter for employees, contractors, and tenants. Generators of multi-family premises may receive waivers pursuant to Section 8.13.060 for some requirements of this section.

B. Except for generators of multi-family premises that meet the self-hauler requirements in Section 8.13.100, including hauling services arranged through a landscaper, generators of multi-family premises shall:

1. Subscribe to and pay for city's three-container collection services and comply with requirements of those services for gray container waste, source separated green container organic waste, and source separated recyclable materials generated at the multi-family premises as further described below in this section. City and its designee(s) shall have the right to review the number and size of the multi-family premises' collection containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. The generator of a multi-family premises shall adjust their service level for their collection services as requested by the city or its designee.

2. Participate in the city's three-container collection service for collection of gray container waste, source separated green container organic waste and source separated recyclable materials in the manner described below.

a. Place source separated green container organic waste in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container.

b. Not place prohibited container contaminants in collection containers and to not place materials designated for the green containers or blue containers in the gray containers.

3. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with city's blue container, green container, and gray container collection service or, if self-hauling, consistent with the multi-family premises' approach to complying with self-hauler requirements in Section 8.13.100.

4. 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.

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

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

7. Accommodate and cooperate with the city's or the city's designee's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.

8. At the 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 blue containers, green containers, and gray 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 the blue containers, green containers, and gray containers subject to written notification to or approval by the city or its designee.

C. If the generator of a multi-family premises wants to self-haul, meet the self-hauler requirements in Section 8.13.100.

D. Multi-family premises that generate two (2) cubic yards or more of total solid waste per week (or other threshold defined by the state) that arrange for gardening or landscaping services shall require any contract or work agreement between the owner, occupant, or operator of a multi-family premises and a gardening or landscaping service specify that the organic waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the Public Resources Code.

E. Nothing in this section prohibits a generator of a multi-family premises 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).

(Ord. O-2021-004 § 1 (part), 2021)

A. Generators of commercial businesses shall provide or arrange for gray container waste, source separated green container organic waste, and source separated recyclable materials collection services consistent with this chapter and for employees, contractors, tenants, and customers. Generators of commercial premises may receive waivers pursuant to Section 8.13.060 for some requirements of this section.

B. Except generators of commercial businesses that meet the self-hauler requirements in Section 8.13.100, including hauling services arranged through a landscaper, generators of commercial premises shall:

1. Subscribe to and pay for city's three-container collection services and comply with requirements of those services for gray container waste, source separated green container organic waste, and source separated recyclable materials generated at the commercial premises as further described below in this section. City and its designee(s) shall have the right to review the number and size of a commercial premises' containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. The generator of the commercial business shall adjust their service level for their collection services as requested by the city or its designee.

2. Participate in the city's three-container collection service for collection of gray container waste, source separated green container organic waste and source separated recyclable materials in the manner described below.

a. Place and/or direct its generators to place source separated green container organic waste in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container.

b. Not place and/or direct its generators to not place prohibited container contaminants in collection containers and to not place materials designated for the green container or blue container in the gray containers.

3. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (4)(A)) and (4)(B) below) for employees, contractors, tenants, and customers, consistent with city's blue container, green container, and gray container collection service or, if self-hauling, consistent with the commercial premises' approach to complying with self-hauler requirements in Section 8.13.100.

4. Provide containers for customers for the collection of source separated recyclable materials and source separated green container organic waste in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that commercial business. Such containers shall be adjacent to disposal containers, visible and easily accessible. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, as demonstrated through an approved de minimis waiver per Section 8.13.060(A), then the generator of the commercial business does not have to provide that particular container in all areas where gray containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the generator of the commercial business shall have either:

a. A body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. The generator of the commercial business is not required to replace functional containers that do not comply with the requirements of this subsection prior to whichever of the following comes first: (i) the end of the useful life of those containers, or (ii) January 1, 2036.

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

5. 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 instructions of the commercial business to support its compliance with self-hauler requirements in Section 8.13.100.

6. 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).

7. 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.

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

9. Provide or arrange access for 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.

10. Accommodate and cooperate with the city's or the city designee's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.

11. At the 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 blue containers, green containers, and gray 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 the blue containers, green containers, and gray containers subject to written notification to or approval by the city or its designee.

C. If the generator of a commercial business wants to self-haul, meet the self-hauler requirements in Section 8.13.100.

D. Commercial businesses that generate two (2) cubic yards or more of total solid waste per week (or other threshold defined by the state) that arrange for gardening or landscaping services shall require any contract or work agreement between the owner, occupant, or operator of a commercial business and a gardening or landscaping service specify that the organic waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the Public Resources Code.

E. Nothing in this section prohibits a generator of a commercial business 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).

F. Generators of commercial businesses that are tier one or tier two commercial edible food generators shall comply with Section 8.13.070.

(Ord. O-2021-004 § 1 (part), 2021)

A. De minimis waivers for multi-family premises and commercial premises. The city, or the city's designee, at the city's discretion and in accordance with 14 CCR Section 18984.11(a)(1), may waive a generator's obligation to comply with some or all organic waste requirements of this chapter if the generator of the commercial business or multi- family premises provides documentation, or the city or the city's designee has evidence demonstrating, that the commercial business or multi-family premises meets one of the following criteria:

1. The commercial business's or multi-family premises' total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty (20) gallons per week per applicable material stream of the multi-family premises' or commercial business's total waste; or,

2. The commercial business's or multi-family premises' total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten (10) gallons per week per applicable material stream of the multi-family premises' or commercial business's total waste.

For the purposes of subsections (1) and (2) above, the total solid waste shall be the sum of weekly container capacity measured in cubic yards in the gray container, blue container, and green container. Hauling through paper shredding service providers or other incidental services may be considered in granting a de minimis waiver.

B. Physical space waivers. The city, or the city's designee, at the city's discretion and in accordance with 14 CCR Section 18984.11(a)(2), may waive a commercial business's or multi-family premises' obligation to comply with some or all of the source separated recyclable materials and/or organic waste collection service requirements if the city or its designee has evidence from its own staff, a contract agent, hauler, licensed architect, or licensed engineer demonstrating that the business or premises lacks adequate space for blue containers and/or green containers required for compliance with the source separated recyclable materials and organic waste collection requirements of Section 8.13.030, 8.13.040, or 8.13.050 as applicable.

C. Review and approval of waivers.

1. Generators of premises requesting waivers shall submit a completed application form to the city, or the city's designee, for a waiver specifying the waiver type requested, type(s) of collection services for which they are requesting a waiver, the reason(s) for such waiver, and documentation supporting such request. Generators of premises who so request a waiver shall reapply to the city, or the city's designee, for a waiver upon the expiration of the waiver period and shall submit any required documentation, and/or fees/payments as required by the city. Failure to submit a completed application shall equate to an automatic denial of said application.

2. Upon waiver approval, the city, or the city's designee, shall specify the duration for which the waiver is valid.

3. A waiver holder shall notify city, or the city's designee, if circumstances change such that such waiver holder may no longer qualify for the waiver granted, in which case waiver will be rescinded.

4. Any waiver holder must cooperate with the city and/or the city's designee for any on-site assessment of the appropriateness of the waiver.

5. The city, or the city's designee, shall revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable.

6. If the city's designee does not approve a waiver application or revokes a waiver, the city may review the decision by the designee, and if deemed appropriate in the city's sole discretion, the city may approve or reinstate the waiver. The city may also, after meeting and conferring with the designee, direct the designee to approve the waiver application and/or reinstate the waiver.

(Ord. O-2021-004 § 1 (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 with the requirements of this section 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. Food that is donated shall be free from adulteration, spoilage, and meet the food safety standards of the California Health and Safety Code. Food cannot be donated if it is not in compliance with the food safety standards of the California Health and Safety Code, including food that is returned by a customer, has been served or sold and in the possession of a consumer, or is the subject of a recall.

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

4. Allow enforcement official or designee 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. No later than January 31 of each year commencing no later than January 31, 2023 for tier one commercial edible food generators and January 31, 2025 for tier two commercial edible food generators, provide an annual food recovery report to the city or its designee that includes the following information:

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

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

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

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

D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017, commencing with Section 49580 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. O-2021-004 § 1 (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 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 and the city's designee, if applicable, the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b). The annual report shall be submitted to the city and the city's designee, if applicable, no later than January 31 of each year commencing in January 2022.

D. In order to support edible food recovery capacity planning assessments or other studies conducted by the city that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city and city's designee, if applicable, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city and/or its designee shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified by the city.

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

F. Nothing in this chapter prohibits a food recovery organization or food recovery service from refusing to accept edible food from a commercial edible food generator.

(Ord. O-2021-004 § 1 (part), 2021)

A. Requirements for haulers. Haulers, including a contract agent, providing residential, commercial, or industrial collection services to generators within the city's boundaries shall meet the requirements and standards of 14 CCR, Division 7, Chapter 12 as a condition of approval of a collection agreement or other authorization to collect organic waste and the following requirements:

1. Through written notice to the city, identify the facilities to which they will transport organic waste.

2. Comply with the applicable requirements of 14 CCR, Division 7, Chapter 12, Article 3.

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

4. Obtain approval of the city pursuant to CCR Section 18988.1 and keep a record of the documentation of its approval by the city.

B. Paragraph A. of this Section 8.13.090 is not applicable to a hauler that consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the Public Resources Code, is transporting source separated organic waste to a community composting site or to a hauler that is lawfully transporting construction and demolition debris ("C&D") in a manner that complies with 14 CCR Section 18989.1 and applicable requirements of this Code.

C. Franchise hauler(s), including a contract agent, authorized to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, or other agreement entered into with city.

D. Requirements for facility operators and community composting operations.

1. Owners of facilities, operations, and activities located in the city's boundaries 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 the city 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 with operations located in the city's boundaries, 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 (60) days.

(Ord. O-2021-004 § 1 (part), 2021)

A. Self-haulers of organic waste shall comply with the requirements in 14 CCR Section 18988.3.

B. Every self-hauler shall source separate its recyclable materials and organic waste (materials that city otherwise requires generators to separate for collection in the city's three-container collection program) generated on-site from solid waste in a manner consistent with 14 CCR Section 18984.1 and the city's collection program and deliver their materials to facilities described in subsection (C) below or shall haul its organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

C. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials and shall haul their source separated green container organic waste to a 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.

D. Self-haulers that are commercial businesses or multi-family premises shall keep records of the amount of organic waste delivered to each facility, operation, activity, or property that processes or recovers organic waste. These records shall be subject to review by the city and/or its designee(s). 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. Notwithstanding subdivision (D)(1) and (D)(2), 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.

E. Self-haulers that are commercial businesses or multi-family premises shall provide copies of records required in Section 8.13.100(D) to city if requested.

F. A generator of a single-family premises that self-hauls organic waste is not required to record or report information in Section 8.13.100(D) and (E).

G. Pursuant to 14 CCR Section 18815.9, food waste self-haulers are required to maintain records and report to CalRecycle information on the tons of food waste self-hauled and the facilities or each use of such material. Food waste self-haulers shall provide to the city on a quarterly basis copies of all reports they are required to report to CalRecycle.

(Ord. O-2021-004 § 1 (part), 2021)

Direct service providers to the city and all vendors providing paper products and printing and writing papers must comply with the city's policy regarding recovered organic waste product procurement, including recycled-content paper procurement.

(Ord. O-2021-004 § 1 (part), 2021)

A. City representatives or its designee 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 generators, commercial edible food generators, a contract agent, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city or its designee to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with this chapter, the city or the city's designee may conduct container inspection for prohibited container contaminants.

B. Entities regulated by this chapter shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or representative or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure of a generator to provide or arrange for: 1. access to an entity's premises; or 2. access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.13.130.

C. Any records obtained by a city or its designee during its inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act.

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

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

(Ord. O-2021-004 § 1 (part), 2021)

A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by an enforcement official. Enforcement actions under this chapter include, but are not limited to, issuance of an administrative citation and assessment of a fine. The city's procedures on imposition of administrative fines as specified in Chapters 1.20, 1.24, and 1.28 of the city's municipal code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.

B. Process for enforcement.

1. City enforcement officials and/or designee will monitor compliance with the chapter through compliance reviews, route reviews, investigation of complaints, and an inspection program. Enforcement officials and/or their designee may also monitor compliance with the chapter randomly. Section 8.13.120 establishes the city's right to conduct inspections and investigations.

2. For incidences of prohibited container contaminants found in containers, city or its designee will issue an informational notice of contamination to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within fifteen (15) days after determining that a violation has occurred. If the city or its designee observes prohibited container contaminants in a generator's containers on more than two (2) consecutive occasion(s), the city or the city's designee may assess contamination processing fees or the city may assess contamination penalties on the generator.

3. With the exception of violations of contamination of container contents, city shall 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 shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 1.24 and 1.28 of this Code.

Notices shall be sent to "owner" at the official address of the owner maintained by the County Assessor, or if no such address is available, to the owner at the address of the multi-family premises or commercial premises, depending upon available information.

C. Penalty amounts for types of violations. The penalty levels are as follows, as prescribed by 14 CCR Section 18997.2 and any other applicable code or regulation:

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

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

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

D. Compliance deadline extension considerations. City may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

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 city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

E. Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to the procedures in Chapter 1.24 of this Code.

(Ord. O-2021-004 § 1 (part), 2021)