Pittsburg Municipal Code Art. I General Provisions

A. California recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste as defined in PMC § 8.04.030 generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

B. California organics recycling law, Assembly Bill 1826 of 2014, which added Chapter 12.9, commencing with Section 42649.8, to Part 3 of Division 30 of the California Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time, requires property owners and occupants of commercial premises that generate two cubic yards or more of solid waste per week to participate in mandatory organics diversion.

C. SB 1383, the short-lived Climate Pollutant Reduction Act of 2016, requires the state of California to develop regulations to reduce organics in landfills as a source of methane. The regulations place mandatory requirements on multiple entities including cities, property owners and occupants of residential premises, commercial premises, collection contractors, and self-haulers, as defined in PMC § 8.04.030, to support achievement of statewide organics disposal reduction targets.

D. SB 1383, the short-lived Climate Pollutant Reduction Act of 2016, requires cities to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 regulations.

E. Requirements in this chapter are consistent with citywide health and safety measures implemented in Chapters 8.04 and 8.06 PMC.

(Ord. 21-1489 § 3, 2021)

A. Failure to comply with the provisions of this chapter shall lead to enforcement actions as stated in this chapter and pursuant to Chapter 8.04 PMC, Article IV, V or VI.

B. Tier One commercial edible food generators must comply with the requirements of this chapter commencing January 1, 2022, and Tier Two commercial edible food generators must comply commencing January 1, 2024.

C. Retail food facilities operating at large venues or large events shall comply with the requirements of this chapter commencing January 1, 2024.

(Ord. 21-1489 § 3, 2021)

In this chapter, unless the context otherwise requires:

A.

"Commercial edible food generators"

include:

"Tier One commercial edible food generator"

includes grocery as defined by PMC § 18.08.080, establishments with a total facility size equal to or greater than 10,000 square feet and any other food providers as defined by PMC § 18.08.020 participating in food and beverage sales or wholesale of food as defined by PMC § 18.08.080.

"Tier Two commercial edible food generator"

includes restaurants with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet, hotels with an on-site food facility and 200 or more rooms, health facilities with an on-site food facility and 100 or more beds, large venues, large events, California agencies with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet, and local education agency facilities with an on-site food facility.

B.

"Community composting"

means any activity allowed by city zoning code or a use permit that composts organics, and the total amount of feedstock and compost on site at any one time does not exceed 100 cubic yards and 750 square feet.

C.

"Compost"

means the product resulting from the controlled biological decomposition of organic solid wastes.

D.

"Compostable plastic"

means plastic-like organic materials capable of decomposing as defined by the city or collection contractor.

E.

"Edible food"

means food intended for human consumption that meets the food safety requirements of the California Retail Food Code.

F.

"Food distributor"

means a company that distributes food to commercial entities including, but not limited to, supermarkets and grocery stores.

G.

"Food recovery"

means actions to collect and distribute edible food for human consumption that otherwise would be disposed.

H.

"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.

I.

"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.

J.

"Food-soiled paper"

is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. This organic refuse is suitable for disposal in the green cart or container and must be free of plastic coating.

K.

"Green cart waste" or "green container waste"

means refuse that is appropriate for storage and disposal in the green cart or container, or as described in PMC § 8.04.060(A) and includes organic refuse.

L.

"Organic refuse"

means all organics designated by the city and collection contractor to be collected in the green cart or container during curbside collection programs or via a special collection service, including:

Wood waste under three inches by 13 inches.

Yard waste under three inches by 13 inches.

Food scraps.

Food-soiled paper.

Compostable plastics.

Schedule A prohibited organics.

Other items as defined by the city or collection contractor.

M.

"Organics"

means solid waste composed of material originating from living organisms and their metabolic waste products, including organic refuse and Schedules A, B, C, and D prohibited organics.

N.

"Organics generator"

means a person or entity that is responsible for the initial creation of organics.

O.

"Organics recovery service"

means a person or entity that collects and transports organics from a generator to a disposal area appropriate for processing the organics, including but not limited to landscapers and tree removal services.

P.

"Paper products"

include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, toweling, and other items as defined by the city or collection contractor. Paper products must be free of plastic coating and separated from any nonorganic materials like staples, paper clips, plastic windows, and bindings.

Q.

"Prohibited organics"

means organics that are prohibited from being placed in the green carts and containers and includes:

Schedule A prohibited organics includes: wood waste and yard waste exceeding three inches by 13 inches, and other items as defined by the city or collection contractor.

Schedule B prohibited organics includes: paper products, printing and writing papers as defined in PMC § 8.06.030, and other items as defined by the city or collection contractor.

Schedule C prohibited organics includes: plastic-coated paper products, plastic-coated printing and writing papers, organic textiles and carpets, manure, and other items as defined by the city or collection contractor.

Schedule D prohibited organics includes: dead animals, chemically treated wood, sewage, sludge, and human biological wastes.

R.

"Remote monitoring"

means the use of cameras or other devices to visualize the contents of carts or containers for purposes of identifying the quantity of solid waste and/or presence of prohibited waste material or prohibited organics in each cart or container.

S.

"Retail food facility"

means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including but not limited to eating and drinking establishments as described in PMC § 18.08.080, cafeterias, hospitals, and hotels.

T.

"Wholesale food vendor"

means a business engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retail food facility, warehouse, distributor, or other destination.

U.

"Wood waste"

includes discarded wood products, whole trees, stumps, or pruned branches, lumber, trim, shipping pallets, and other dry, nonchemically treated wood debris from construction and demolition. Wood waste must be free of contaminants like paint, stain, screws, nails, and staples and under three inches by 13 inches for placement in the green cart or container.

V.

"Yard waste"

means cut grass, cut leaves, and branches cut from bushes or trees, but excludes rocks, bricks, cement, and soil.

(Ord. 21-1489 § 3, 2021)