Pomona Municipal Code § 62-702 Responsibility for disposal

This division applies to collection, disposal or diversion of solid waste or recyclable solid waste from multifamily residential, commercial, industrial or residential premises in the city.

Each owner and/or each occupant of a commercial, multifamily, industrial, or institutional establishment shall be responsible for the disposal and/or diversion, where appropriate, of solid waste through the contractual services of a franchised solid waste enterprise that has been granted such by action of the city council.

(Code 1959, § 12-78; Ord. No. 3884, § 1 (part))

Under this division each container shall be placed consistent with zoning ordinance section .503-C and in a manner that is accessible to collection and does not constitute an obstruction to public areas, rights-of-way or cause or contribute to littering or a nuisance and does not conflict with an area specifically designated for collection by this article. Containers shall be constructed of metal with tight fitting lids constructed so as not to permit the contents to shift or pass through any opening therein, other than the lid of the container while depositing refuse into or collecting refuse from the container pursuant to section 62-812. Each container authorized and obtained pursuant to section 62-811 shall maintain the outside of each container, in legible letters and numerals not less than one inch in height, the name and telephone number of such business and shall at all times keep such containers in clean and sanitary conditions which conform to the highest industry standards. Each such bin shall be externally equipped with reflectorized devices within one foot of each end on all four sides of the container and shall also be equipped with reflectorized devices on the inside of each cover that that in the darkness drivers of approaching vehicles may readily see the full extent, bulk, and location of each container.

(Code 1959, § 12-80; Ord. No. 3884, § 1 (part); Ord. No. 4098, § 3, 3-17-2008)

Collection of solid waste, recyclable material, and green waste from commercial, industrial, institutional and multifamily premises shall not be conducted between the hours of 7:00 p.m. through 6:00 a.m. in commercial, industrial, institutional, or multifamily zones adjacent to residential zones or any other zone with residential use.

(Code 1959, § 12-77; Ord. No. 3884, § 1 (part))

A solid waste enterprise that has been notified by a commercial solid waste service recipient that commercial solid waste service is to be discontinued shall remove all of its commercial bins from the premises of the service recipient who is discontinuing service within one week following the receipt of notification that service is to be discontinued. Nothing contained within this section shall interfere with the lawfully executed agreement between a solid waste enterprise and its customers.

(Code 1959, § 12-81; Ord. No. 3884, § 1 (part))

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State Law reference— Fees, Public Resources Code § 41900 et seq.

Should the city council determine the granting of one or more franchises for solid waste removal shall be deemed necessary to protect the health, safety, and well-being of those persons and businesses located within the lawfully established borders of the city, the maximum rates to be charged for such collections shall be the fee schedule set forth in the agreement between the franchised hauler and the city, as adjusted in accordance with such agreement.

(Code 1959, § 12-79; Ord. No. 3884, § 1 (part); Ord. No. 4331, § 8, 6-5-2023)

The franchised hauler may have the right to bill and collect for its services as set forth in such agreement. Rates enacted under this subdivision for the purpose of solid waste collection shall be billed and collected in advance of collection service and may be presented or mailed for periods of one month, two months, or three months in advance. Under no circumstance shall the billing period exceed 90 days or one quarter of the calendar year. Each owner/occupant shall be liable for the collection charge, whether or not collection services are utilized. Charges hereunder shall be collected upon billing by the city's franchised hauler and shall be payable upon presentation of a statement and shall be delinquent 30 days thereafter.

(Code 1959, § 12-53; Ord. No. 3884, § 1 (part); Ord. No. 4331, § 9, 6-5-2023)

As the city under this article possesses no liability or responsibility for the billing, collection, or servicing of any residential, commercial, industrial, institutional or multifamily premises or establishment within the city, any refund associated with any residential, commercial, industrial, institutional or multifamily premises establishment shall be the sole responsibility of the solid waste enterprise operating under the lawful issuance of a franchise agreement to refund any solid waste collection fees or any portion thereof as established and paid in accordance with this subdivision.

(Code 1959, § 12-54; Ord. No. 3884, § 1 (part); Ord. No. 4331, § 10, 6-5-2023)

(a) The city's franchised hauler, the designated entity for the collection of fees, shall be entitled to payment from the account holder for any collection services rendered.

(b) If any account holder fails to pay the franchised hauler for collection for a 30-day period, the account shall be deemed delinquent and the franchised hauler shall mail or email the owner a final request for payment for the amounts owed, plus penalties. The final request shall include a warning notice that if the service charges are not paid within 60 days, they will be turned over to the city for placement on the tax rolls. The warning notice shall also include information concerning the additional administrative charges that will become due if a lien is recorded against the property.

(c) The form and content of the warning notice sent by the franchised hauler shall be approved by the director of public works of the city.

(d) The franchised hauler shall maintain, and make available to the city, a list of all delinquent accounts by parcel number(s), the name or names of the owner, the address of the property served, the period of the service, and the amounts due plus penalties, to the city. Based on such list, any account holder who, as of May 1st of any given year, is delinquent as to any charges or penalties due as of March 31st of that same year, shall be sent, by mail, written notification that the director of public works, or his/her designee, will review all such delinquent accounts and will make a recommendation to the city council with respect to submitting the delinquent accounts to recorder of Los Angeles County no later than August 1, to be included as an assessment for the respective affected parcel on the county property tax rolls. Any property owner whose property is so affected shall have the right to appear before the director of public works, or his/her designee, to contest placement on the property assessment rolls of the county. The director of public works, or his/her designee, shall set a time and place for a hearing before the director of administrative services, or his/her designee. The city shall mail any such notices required hereunder, or request that the collector mail such notices on behalf of the city. At the time of such written notification, a penalty shall be added to the delinquent account, to cover the administrative costs of any mailing and hearing procedure.

(e) The director of public works, or his/her designee, shall prepare recommendations as to whether an assessment should be imposed upon the property owner. The recommendations of the director of public works shall be forwarded to the city council. The city council may adopt or modify the recommendations of the director of public works, or his/her designee, as it deems appropriate.

(f) If the city council approves the delinquent charges against the owner of the property and the owner fails to pay said charges, an assessment on the real property for which the service was rendered may be recorded with the recorder of Los Angeles County as determined by the city.

(Ord. No. 3999, § 1(12-54.1), 1-12-2004; Ord. No. 4331, § 11, 6-5-2023)

The city may collect any debt transferred pursuant to section 62-724 according to the following procedures:

(1) Any resolution to transfer debt shall serve as a special assessment against the property by which the debt was incurred, and shall constitute a lien on such property for the amount of such debt, plus administrative costs.

(2) The lien created attaches upon recordation, in the office of the county recorder, of a certified copy of the resolution of confirmation. All laws applicable to the levy, collection and enforcement of city ad valorem property taxes shall be applicable to such assessment.

(3) Upon the city's collection of debt, whether by lien foreclosure or assessment collection, or otherwise, the city shall refund to the solid waste franchise the collected funds, less city's administrative costs incurred in the collection.

(Ord. No. 3999, § 1(12-54.2), 1-12-2004)

(a) Any person who has been properly billed by a solid waste franchisee for solid waste collection services provided pursuant to this article, and who intentionally or recklessly refuses to pay for such services, shall be guilty of an infraction for the first offense, and a misdemeanor for each subsequent offense. Each bill not so paid shall constitute a separate offense.

(b) Each infraction shall be punishable by a fine not exceeding $250.00. Infraction violations under this section may be enforced by any city officer or employee duly authorized to enforce infraction violations, or by the city attorney or the county district attorney, or by any other department or office with appropriate authority and jurisdiction.

(c) Each misdemeanor shall be punishable as provided in section 1-7 of this Code. Misdemeanor violations under this section may be enforced by the city attorney, the city prosecutor or district attorney, or by any other department or office with appropriate legal authority and jurisdiction.

Nothing in this section shall be construed to preclude the application or enforcement of other laws relating to collection of debts, public nuisances, or of any other matter.

(Ord. No. 3999, § 1(12-54.3), 1-12-2004)

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Charter reference— Franchises, § 1301 et seq.

No company shall engage in the business of collecting, transporting, carrying, dumping or depositing any solid waste upon any property located within the city pursuant to this division without first having obtained a franchise agreement pursuant to authorization of the city coun-cil. However, this section shall not apply to any company representative in the employ of the city who may be assigned, either in the conduct of regular business or as may be assigned from time to time, in the collection, removal, disposal, or depositing of solid waste of or to any company with whom the city is contracting for the collection, removal, disposal, or dumping of such waste or any employee of such contractor during such time as the contract shall remain in force. Should the city council determine that such a franchise warrants issuance, such franchise shall be conditional upon the compliance with all of the requirements and regulations established with respect to collection, removal, disposal, or dumping of any solid waste.

(Code 1959, § 12-56; Ord. No. 3884, § 1 (part))

The city council may award one or more franchises for the collection and disposal and/or diversion of solid waste or recyclable solid waste from all or any portion of the multifamily residential, commercial, industrial or institutional premises in the city. All franchises shall be granted in accordance with such terms and conditions as established by the city council and at its sole discretion. Each franchise awarded pursuant to the terms and conditions of this subdivision shall remain in effect for two years, provided the solid waste franchise remains in compliance with the requirements established within the context of this Code and its executed franchise agreement with the city. The effective dates for any franchise granted or extended after the two-year timeframe shall be at the sole discretion of the city council and/or the provisions set forth in an executed franchise agreement. Should a solid waste franchisee, upon the enactment of the ordinance from which this article is derived, possess an executed franchise agreement with the city, nothing contained within this section shall limit or otherwise alter the term of services provisions established in the executed franchise agreement.

(Code 1959, § 12-21; Ord. No. 3884, § 1 (part))

No franchise granted pursuant to this subdivision shall be entitled to be assigned, transferred, conveyed, sublet, or to otherwise dispose of any right, liability or interest to another solid waste enterprise without first having obtained the written consent of the city council, which shall not be unreasonably withheld.

(Code 1959, § 12-22; Ord. No. 3884, § 1 (part))

(a) It shall be at the sole discretion of the city to conduct public hearings to determine:

(1) The quality of performance and service rendered by any franchise authorized to collect, transport, or dispose of solid waste; or

(2) Any and all diversion activity, quantity, and/or related services relative to the collection, transportation, transformation, or ultimate disposition of solid waste or recyclable material.

(b) Any franchisee who has been noticed of the review of its services shall have the right to participate in the public hearings, as well as provide testimony, which may refute any and all claims that may have been made. Following the conclusion of the public hearing, the city, at its discretion, may issue a report as to the adequacy of the performance and the quality of services provided by the stated franchise. Should the city direct the franchisee take measures to correct any operational deficiencies found, such deficiencies shall be corrected within 30 days from the date of notice or a period to be established by the city council.

(Code 1959, § 12-23; Ord. No. 3884, § 1 (part))

It shall be at the sole discretion of the city to perform a review of solid waste handling services provided by the franchisee. The purpose of the stated review shall be to promote greater efficiency of services rendered by the franchisee. The city reserves the right to conduct a review of relevant technological, economic, and regulatory changes in the collection, recycling, composting, and disposal of any solid waste generated within the city limits. The city further reserves the right to examine the feasibility of new services resulting from a change in technology, processing, developments in the law, or other regulatory changes to either one or more of any existing service or any which may be proposed in the future. It shall be at the discretion of the city and the franchisee to include additional topics for consideration during the review of systems or services provided in this section.

(Code 1959, § 12-24; Ord. No. 3884, § 1 (part))

(a) Franchises granted pursuant to this subdivision shall be required at a minimum to provide compliance with the following:

(1) Each franchisee shall comply with this article and any and all other applicable sections of this Code; the Public Resources Code; or any other local, state, or federal code having jurisdiction. Additionally, each franchisee shall be required to maintain compliance with that jurisdictional information either contained and/or compiled in accordance with this article or any such compilation or accumulation of informational material.

(2) Each franchisee shall be required to cooperate with the city in solid waste generation studies or sitting elements, the preparation of waste stream audits, and the submission of information required by the city to meet the reporting requirements of AB 939 or other applicable legislation, as may be amended from time to time, and to implement measures consistent with the city's source reduction and recycling element (SRRE) and household hazardous waste element (HHWE) in order for the city to reach the mandated diversion and other goals as established by AB 939, as it may be amended from time to time.

(3) Each franchisee shall be required to pay a franchise fee in an amount to be determined by resolution of the city council.

(4) Each franchise shall not be transferred, sold, sublet or assigned, nor shall any of the rights or privileges contained therein be leased, assigned, sold in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of the franchisee or otherwise, unless authorization for such transfer, sale, subletting or assignment is obtained and approved in writing from the city council.

(b) Notwithstanding subsection (a) of this section, any person or solid waste enterprise may collect solid waste or recyclable material within the city limits without having first obtained a franchise if that person meets one of the following requirements:

(1) Has the right to continue providing services in accordance with and pursuant to Public Resources Code div. 30, pt. 8, ch. 6, art. 3 (Public Resources Code § 49520 et seq.) and complies with all other applicable provisions of law.

(2) Is an officer, employee or agent of the city acting or conducting services in the course of official duty.

(3) Is disposing of green waste or composting material in accordance with city-authorized, sponsored programs or other programs generally accepted by the appropriate jurisdictional agency as a bona fide green waste or composting program in the course of his regular business activities as authorized by the city so long as the person is the holder of a valid city business license or permit as a gardener, landscape contractor or tree trimmer/remover or other activity or enterprise who, in the course of regular business, may be required to provide for the distribution of such material.

(Code 1959, § 12-25; Ord. No. 3884, § 1 (part))

Any person or solid waste enterprise who is conducting business under an existing license or permit issued by the city pursuant to article VIII of chapter 50 shall be required by this section to obtain a franchise with the city.

(Code 1959, § 12-26; Ord. No. 3884, § 1 (part))

(a) Under this subdivision each franchisee shall maintain the following minimum insurance coverages:

(1) Workers' compensation insurance. As required by Labor Code § 1860, each franchisee shall secure payment of workers' compensation to his employees in accordance with Labor Code § 3700. Each franchisee shall supply to the city the certificate required by Labor Code § 1861.

(2) General liability insurance. Each franchisee shall procure and maintain public liability and property damage insurance with the following coverages and minimum coverage limits:

a. General aggregate, $5,000,000.00.

b. Products and completed operations aggregate, $5,000,000.00.

c. Per occurrence minimum limit, $1,000,000.00.

d. Personal injury and advertising injury, $1,000,000.00.

e. Fire damage, $50,000.00.

f. Medical expense for any one person, $5,000.00.

(3) Automobile liability in the amount of $1,000,000.00 combined single limit for bodily injury and property damage.

(b) Each franchisee shall require its insurance carrier to issue an additional insured endorsement which names, as additional insureds, the city and its elected and appointed officials, directors, officers, agents, employees, representatives, volunteers, and contractors.

(c) The general liability and automobile liability policies required in this section are to contain or be endorsed to contain assurances that the insurance coverage shall be primary over any other valid and collectible insurance available to the city. Any insurance maintained by the city shall be in excess of the franchisee's insurance and shall not contribute with it. Coverage shall not be suspended, voided, or canceled except after 30 days' prior written notice by certified mail, return receipt requested, given to the city.

(d) Insurance is to be placed with insurers, which are state-admitted (licensed) companies, approved by the state department of insurance and which have a current A.M. Best's rating of no less than A-VIII.

(e) Prior to commencing or conducting business within the city, the franchisee shall file with the city clerk original endorsements effecting the liability coverage required by this section. In addition, the city shall have the right of inspection of all insurance policies required. This subsection shall survive the expiration of the period during which collection services are provided.

(Code 1959, § 12-27; Ord. No. 3884, § 1 (part); Ord. No. 3889, § 1)

The city may require all persons granted a franchise under this subdivision to obtain a performance bond. Such bond shall be supplied to the city and maintained on file and in effect by either a cashier's check or certified check or surety bond executed by a recognized company or on a time certificate of deposit in the amount to be established by resolution of the city council and in the favor of the city, guaranteeing that the franchisee will fulfill all of the applicable sections set forth in this Code for the entire time for which services are to be provided.

(Code 1959, § 12-28; Ord. No. 3884, § 1 (part))

Each franchisee under this subdivision shall defend, indemnify and hold harmless the city and its elected officials, officers, employees, volunteers and agents from and against any and all losses, fines, penalties, claims, damages, liabilities or judgments, including attorney's fees, arising out of or resulting in any way from the franchisee's conduct of business in the city or with respects to any operations or actions relating in any way to the city's granting of the franchise, unless such a claim against the city is due to the sole and total negligence or willful misconduct of the city or its elected officials, officers, agents, employees or volunteers. For the purpose of this section the term "agents" shall not be inclusive of any franchise, franchisee, or solid waste enterprise acting on behalf of the city by way of franchise, contract or other authorization for the collection and disposal of solid waste and/or recyclable material within the city.

(Code 1959, § 12-29; Ord. No. 3884, § 1 (part))

(a) Each franchisee under this subdivision shall be required to obtain a letter of credit, in an amount to be determined by resolution of the city council, and shall issue such documents to the city prior to the granting of a franchise agreement. Under the provisions established by this article and the executed franchise agreement, the franchisee's limit of liability shall be limited to the extent contained in the specified letter of credit and/or the indemnification fund established pursuant to this subdivision and the amount or proportion of the franchisee's individual waste stream. If a franchisee can establish to the reasonable satisfaction of the city that it has not ever deposited solid waste, recyclable solid waste, or other material at a particular solid waste landfill or solid waste facility, that franchisee's letter of credit and/or indemnification fund contribution shall not be used to defend or indemnify the city for any potential or actual liability arising from such landfill or solid waste facility. A franchisee shall establish its nonuse of a particular landfill or solid waste facility either through its own records or the records of the landfill or solid waste facility.

(b) Nothing contained within the context of this section or this article shall prevent, limit, or otherwise alter the city's alternatives to the extent allowable by law. Such letters shall be in the amount determined by resolution and shall be utilized for the purpose of indemnification of the city should any potential liabilities arise which may be associated CERCLA claims or other applicable associated costs to the city. Under the provisions established by this article, letters of credit provided pursuant to this section will be reduced and/or discontinued upon achieving the predetermined balances for the CERCLA defense fund as established by resolution of the city council.

(c) It shall be at the discretion of the city to require each solid waste enterprise to pay into a CERCLA indemnification fund to assist in defending the city against CERCLA liability. If so directed, the funds exacted for CERCLA indemnification shall be set by resolution of the city council. Such funds shall be deposited into a CERCLA indemnification fund in accordance with section 62-760. The director of finance is authorized under this article to establish the appropriate accounting procedures in accordance with this article. Funds deposited into this special fund, together with any accrued interest thereon, shall be used and applied to protect and indemnify the city against any claims which may arise. Funds deposited under this section shall remain with the city during the entire period for which liabilities may be incurred.

(Code 1959, § 12-30; Ord. No. 3884, § 1 (part))

Each franchisee under this subdivision shall maintain data retention and preservation systems which can establish where solid waste collected in the city was disposed with a copy or summary of the reports required by this article for 50 years after the term during which collection services are provided or to provide copies of such records to the city upon request. Should the franchisee decide not to retain such information at its primary place of business, it may, with approval from the city, place such information in the safe custody of a bona fide records firm approved by the city.

(Code 1959, § 12-31; Ord. No. 3884, § 1 (part))

Each franchisee under this subdivision shall exercise good faith efforts in meeting the requirements of city's source reduction and recycling element with respect to the solid waste it collects within the city, including but not limited to compliance with the requirements set forth in the California Integrated Waste Management Act of 1989 (Public Resources Code § 40000 et seq.), any and all source reduction programs including recycling, composting, special waste, education and public information programs. Should a solid waste enterprise fail to sufficiently comply with the established good faith effort provisions of this section in meeting the requirements of AB 939, it shall be at the discretion of the city council, upon just and reasonable cause, to require each solid waste enterprise to protect, defend, indemnify and hold harmless, under the provisions specified in this article, the city and its officers, agents, or employees against all fines or penalties imposed by the state integrated waste management board if: (i) the diversion, source reduction and recycling goals of AB 939 or other applicable legislation are not met by the city with respect to the solid waste enterprise's waste stream or (ii) the solid waste enterprise has delayed in providing information preventing the city from submitting reports required by AB 939 or other applicable legislation in a timely manner. The city shall require, as a condition to issuance of a franchise or business license, that the solid waste enterprise sign and deliver to the city an agreement, on a form approved by the city attorney, to effectuate the indemnification provisions of this article.

(Code 1959, § 12-32; Ord. No. 3884, § 1 (part))

(a) Under this subdivision each franchisee shall be required, at the discretion of the city, to submit monthly, quarterly, and annual reports containing information relative to collection and disposal tonnage of solid waste or recyclable material collected and/or disposed of within the city limits, customer participation rates, and other information as may be reasonably required by the city to determine the effectiveness of services provided, effectiveness of city- and/or hauler-sponsored programs, as well as current collection and disposal tonnages within the city. Such records shall be submitted in a format approved by the city with the affixed signature of a duly authorized signature company representative. Such reports shall be submitted to the city within the following timeframes:

(1) Draft reports shall be submitted to the city within 15 calendar days after the close of the established reporting period.

(2) Final reports with executed affixed signatures shall be submitted within 45 calendar days after the closing of the established reporting period.

(b) Each franchisee shall maintain all records relating to the services provided for in this article for the full term during which collection services are provided. The city shall have the right, upon reasonable advance notice, to inspect or audit records which may be relevant to operations within the city or relating to the imposition of any fees which may be imposed by the city. Such records shall be made available to the city at the solid waste enterprise's regular place of business. Should an inspection or audit of a franchisee result in the obtaining of proprietary information between the franchisee and the city, any exchange of information between the city and a franchisee shall be considered to be proprietary between the city and the individual franchisee and of the utmost confidential nature to the extent allowable by law.

(Code 1959, § 12-33; Ord. No. 3884, § 1 (part))

In addition to reports required by other sections of this article, each franchisee shall be required to maintain a customer inquiry register of all complaints and/or inquiries made by any individual, group, business, or other entity, as may be relative to any and all operations, customer service, or performance-related issues by the individual franchisee. Each franchisee shall also submit to the city such other information or reports in such forms and at such times as the city may reasonably request or require.

(Code 1959, § 12-34; Ord. No. 3884, § 1 (part))

Each solid waste franchisee shall be required to submit an annual source reduction and recycling plan SRRP that is exclusive to the city. The SRRP must include, but is not limited to, the following:

(1) Targeted materials, including special wastes for source reduction, recycling and composting;

(2) Hazardous waste exclusion plan;

(3) Diversion methods;

(4) Reporting methodology;

(5) Contingency plans; and

(6) Methods for the handling of white goods including CFC removal, PCB removal, and compliance with the requirements of Public Resources Code div. 30, pt. 3, ch. 3.5 (Public Resources Code § 42160 et seq.).

(Code 1959, § 12-35; Ord. No. 3884, § 1 (part))

Upon the granting of a franchise under this subdivision, the franchisee shall certify in writing to the city that it is currently in full compliance with all applicable sections contained within this Code. All reports required shall be signed under penalty of perjury, by a responsible corporate official, that the report is true and correct.

(Code 1959, § 12-39; Ord. No. 3884, § 1 (part))

Under this subdivision each franchisee shall cooperate with the city and or designated consultants in solid waste disposal characterization studies and waste stream audits and shall implement measures adequate to achieve the city's source reduction, recycling and waste stream diversion goals for the solid waste stream. Each franchisee, at its own expense, shall submit to the city information and reports necessary for the city to meet its reporting obligations imposed by AB 939 and/or other legislation and the regulations implementing AB 939 and/or other legislation.

(Code 1959, § 12-44; Ord. No. 3884, § 1 (part))

Each franchisee under this subdivision shall comply at a minimum with this article as well as those sections set forth in other applicable chapters and sections of this Code or the Public Resources Code. Additionally, each franchisee shall be required to maintain compliance with that information which is either contained and/or compiled in accordance with this article or any such compilation or accumulation of informational material.

(Code 1959, § 12-45; Ord. No. 3884, § 1 (part))

(a) Franchise fees. The solid waste franchisee shall be required to pay a franchise fee in an amount to be determined by resolution of the council. Any and all such fees shall be paid at the conclusion of each quarter on or before the 25th of each month following the end of each quarter or in accordance with the provisions established by resolution of the city council.

(b) AB 939 fee. The franchisee shall be required to pay an AB 939 fee in an amount to be determined by resolution of the city council. A special fund shall be established and known as the AB 939 cost recovery special fund. Funds deposited into this special fund shall be used and applied to pay for costs associated with the preparation, adoption, and implementation of the city SRRE. Any and all such fees shall be paid at the conclusion of each quarter on or before the last day of each month following the end of each quarter or in accordance with the provisions established by resolution of the city council.

(c) CERCLA indemnification fund. If so established in accordance with section 62-751 which pertains to CERCLA indemnification, the franchisee shall be required to pay into a CERCLA indemnification fund an amount to be established by resolution of the city council. Funds deposited within this special fund shall be utilized in the prescribed manner set forth in this article.

(d) City cleanup fund. The franchisee shall pay such consideration as established by resolution of the city council or by a lawfully executed franchise agreement authorized by the city council, which the city may use for and apply to certain community public right-of-way cleanup activities as designated annually by the city council for city cleanup activities. The due date of such payment shall be established by resolution of the city council.

(Code 1959, § 12-46; Ord. No. 3884, § 1 (part))

Each franchisee exercising rights under this subdivision, in addition to obtaining a franchise from the city, shall possess a current city business license and shall display a current city-issued decal on the rear of each collection vehicle operating within the city.

(Code 1959, § 12-47; Ord. No. 3884, § 1 (part))

Any franchise issued under this subdivision is subject to revocation or suspension for cause. Should a franchisee be found in noncompliance with any applicable section of this article, the franchisee shall be subject to immediate disciplinary action up to and including suspension or termination of the franchise. Should the utility services director determine that there is sufficient reason to authorize the suspension or revocation of a franchise, the director shall revoke or suspend the franchise by issuing a written order to the franchisee clearly stating the reasons for such suspension or revocation and the date on which such suspension or revocation shall become effective.

(Code 1959, § 12-48; Ord. No. 3884, § 1 (part))

Unless the franchisee supplies sufficient verification as to the correction of the deficiency stated pursuant to section 62-762 to the city within 15 days of the written order, the franchise may be revoked or suspended by the city within 15 days after the mailing of such order. The order shall be mailed by certified mail to the solid waste enterprise.

(Code 1959, § 12-49; Ord. No. 3884, § 1 (part))

Should a franchise issued to a solid waste enterprise be revoked, such solid waste enterprise shall not be issued a franchise to collect solid waste within the city until such time as the solid waste enterprise is able to demonstrate to the satisfaction of the city that the solid waste enterprise is able to fully comply with all of the sections of this article and the Public Resources Code.

(Code 1959, § 12-50; Ord. No. 3884, § 1 (part))

The rights of a solid waste enterprise pursuant to this article may be suspended or revoked by the city pursuant to section 62-762.

(Code 1959, § 12-51; Ord. No. 3884, § 1 (part))

Should any franchise be revoked or suspended in accordance with this subdivision or any other section set forth in this article or applicable legislation, the solid waste enterprise shall have the right to appeal the decision to the city manager. The request must be in the form of a written request made within 15 calendar days of the effective date of the suspension or revocation. Such requests must be filed directly with the city manager by way of certified mail or personal delivery. The decision of the city manager shall be appealable to the city council only if an appeal is filed with the city clerk within 15 days of the city manager's decision. Nothing contained within the context of this section shall prevent any person or solid waste enterprise from pursuing remedies to the extent allowable by law.

(Code 1959, § 12-52; Ord. No. 3884, § 1 (part))

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State Law reference— Recycling, Public Resources Code § 41000 et seq.

Every solid waste franchise shall be required to offer recycling services to all multifamily, commercial, industrial and institutional establishments as well as other entities throughout the city.

(Code 1959, § 12-40; Ord. No. 3884, § 1 (part))

Upon placement by the owner of recyclable solid waste at a designated recycling collection location or placement of recyclable solid waste in a container provided by an authorized recycling agent for the collection of recyclable solid waste, the recyclable solid waste shall become the property of the authorized recycling agent upon the transfer of such material into the vehicle operated by an authorized recycling agent or by operation of law. If a solid waste enterprise is authorized by franchise to provide services related to solid waste and recyclable material, sole ownership of stated materials shall remain with the authorized solid waste enterprise providing such service. At no time shall the city obtain any right of ownership or possession of any residential solid waste, green waste, or recyclable material which is placed out for collection by any customer for collection by an authorized residential enterprise operating under a franchise agreement.

(Code 1959, § 12-41; Ord. No. 3884, § 1 (part))

It shall be the responsibility of the solid waste franchisee to provide materials sufficient to educate its customers as to the recycling services provided by such franchisee as well as any materials which the city may require to meet necessary educational requirements as well as any information which may assist the city in meeting the requirements of AB 939 or other applicable legislation as may be amended from time to time.

(Code 1959, § 12-42; Ord. No. 3884, § 1 (part))

(a) In accordance with the provisions set forth in AB 939, as may be amended from time to time, each solid waste franchisee must put forth a good faith effort in complying with the following performance schedule to ensure that the city meets the mandated diversion requirements as established with respect to the franchisees operational waste stream within the city. Diversion percentages shall have a goal as provided in Public Resources Code § 42901.

(b) Should a franchisee encounter circumstances whereby a commercial, industrial, or institutional establishment is engaged in the process of recycling, either individually or as a group or with another franchised solid waste enterprise or recycling company, in lieu of the services provided by the franchisee, upon sufficient verification of such implemented programs, diversion rates for these programs may be credited towards the diversion performance of the franchisee.

(c) The city reserves the right under this section to establish diversion requirements at any time to ensure the city possesses the ability to comply with all applicable legislation.

(Code 1959, § 12-43; Ord. No. 3884, § 1 (part))

(a) Purpose. Pursuant to Public Resources Code § 42649, the purpose of mandatory commercial recycling is to preserve local landfill space and to reduce greenhouse gas emissions by diverting commercial solid waste to recycling efforts and to expand the opportunity for additional recycling services in Pomona.

(b) On and after July 1, 2012, a business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal:

(1) Source separating recyclable and/or compostable materials from the solid waste they are discarding and either self-hauling, subscribing to a hauler, and/or otherwise arranging for the pickup of recyclable and/or compostable materials separately from the solid waste to divert them from disposal.

(2) Subscribing to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation.

(3) To comply with this section, property owners of commercial or multifamily complexes may require tenants to source separate their recyclable materials. Tenants must source separate their recyclable materials if required to by property owners of commercial or multifamily complexes.

(4) Subscribing for the removal and transportation of solid waste to a waste-to-energy facility. Commercial solid waste franchisees must obtain written consent from the city manager or designee to establish this option.

(c) The commercial recycling program shall include education and outreach to businesses and public agencies. The city manager or designee shall determine the types of educational and outreach programs to insure that the program targets the components of the city's waste stream.

(d) The commercial recycling program shall include identification and monitoring of businesses to assess if they are complying with this section. If any businesses are not in compliance, the commercial solid waste franchisee shall notify those businesses that are out of compliance.

(e) The city manager or designee may determine the specific material types included in its commercial recycling program, which could include, but are not limited to, paper (including cardboard), plastics, glass, metals, organics, food waste, and non-hazardous construction and demolition.

(f) A business may be granted an exemption as deemed appropriate by the city manager or designee. Appropriate exemptions include, but are not limited to, zoning requirements, lack of sufficient space in multifamily complexes to provide additional recycling bins, lack of markets, non-generation of recyclable materials, or current implementation by a business of actions that result in recycling of a significant portion of its commercial waste.

(g) Costs for services imposed on commercial establishments pursuant to Public Resources Code § 42649, shall be established by commercial solid waste franchise haulers.

(Ord. No. 4153, § 1, 4-2-2012)

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

(a) Subscribe to city's three-, three-plus, two-, or one-container collection services and comply with requirements of those services as described below in section 62-786(b), except commercial businesses that meet the self-hauler requirements in section 62-792 of this article. The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; 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 62-792 of this article, participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below.

(1) A three- and three-plus-container collection service (blue container, green container, and black container)

a. Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and black container waste in the black container. Generator shall not place materials designated for the black container into the green container or blue container.

b. Generator shall place source separated green container organic waste, except food waste, in the green container; source separated recyclable materials in the blue container; and mixed waste, including food waste, in the black container. Generator shall not place materials designated for the green containers or blue containers in the black containers.

(2) Two-container collection service (green container/black container system or blue container/black container system)

a. Green container/black containers: generator shall place only source separated green container organic waste in a green container. Generator shall place all other materials (mixed waste) in a black container.

b. Blue container/black containers: generator shall place only source separated recyclable materials in a blue container. Generator shall place all other materials (mixed waste) in a black container.

(3) An unsegregated single container (one-container) collection service

a. Generator shall place all materials (mixed waste) in a black container.

(c) 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 collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program.

(d) Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that 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 container colors provided through the collection service provided by the city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

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

(e) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement pursuant to 14 CCR section 18984.9(b).

(f) To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's blue container, green container, and black container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program.

(g) Excluding multi-family residential dwellings, periodically inspect blue containers, green containers, and black 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).

(h) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.

(i) Provide education information before or within 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 black container waste or mixed waste container (when applicable) and the location of containers and the rules governing their use at each property.

(j) Provide or arrange access for the city or its agent to their properties during all inspections conducted to confirm compliance with the requirements of this article.

(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 blue containers, green containers, and black 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 black or black 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 62-792.

(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 section 62-789.

(Ord. No. 4304, § 3, 8-2-2021)

(a) De minimis waivers: The city may waive a commercial business' obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this article if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in section 62-787(a)(2) below. Commercial businesses requesting a de minimis waiver shall:

(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in section 62-787(2)(A) below.

(2) Provide documentation that either:

a. The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business' total waste; or,

b. The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per applicable container of the business' total waste.

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

(4) Provide written verification of eligibility for de minimis waiver every five years, if city has approved de minimis waiver.

(b) Physical space waivers: The city may waive a commercial business' or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements.

A commercial business or property owner may request a physical space waiver through the following process:

(1) Submit an application form 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 blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.

(3) Provide written verification to city that it is still eligible for physical space waiver every five years, if city has approved application for a physical space waiver.

(Ord. No. 4304, § 4, 7-19-2021)

(a) Tier one commercial edible food generators must comply with the requirements of this section 62-789 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 the 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) No later than January 1 of each year commencing no later than January 1, 2023 for tier one commercial edible food generators and January 1, 2026 for tier two commercial edible food generators, provide an annual food recovery report to the city that includes the following information:

a. How much food do these organizations and services currently recover?

b. What kinds of food do these organizations and services accept for food recovery? (e.g. produce, fresh grocery, cold prepared foods, hot prepared foods, etc.)

(d) Nothing in this article shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the governor of the state of California on September 25, 2017, which added article 13 [commencing with section 49580] to chapter 9 of part 27 of division 4 of title 2 of the Education Code, and to amend section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 4304, § 5, 8-2-2021)

(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 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 January 1st.

(d) Food recovery capacity planning;

(1) Food recovery services and food recovery organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district 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, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city.

(Ord. No. 4304, § 6, 8-2-2021)

(a) Requirements for haulers;

(1) Exclusive franchised haulers, non-exclusive franchised haulers, permitted haulers, and licensed haulers providing residential, commercial, or industrial organic waste collection services to generators within the city's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:

a. Through written notice to the city annually on or before January 15th, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, source separated green container organic waste, and mixed waste.

b. Transport source separated recyclable materials, source separated green container 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 to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR section 18989.1, section 62-793 and city's C&D ordinance.

(2) Exclusive franchised haulers, non-exclusive franchised haulers, permitted haulers, and licensed haulers authorization 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, license, or other agreement entered into with city.

(b) Requirements for facility operators and community composting operations

(1) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.

(2) Community composting operators, upon the city's request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days.

(Ord. No. 4304, § 7, 8-2-2021)

(a) Self-haulers shall source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city's organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR section 18984.3.

(b) Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

(c) Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property 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) A residential organic waste generator that self hauls organic waste is not required to record or report information in section 62-792(c) and (d).

(Ord. No. 4304, § 8, 8-2-2021)

(a) Persons applying for a permit from the city for new construction and building additions and alternations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the city. If the requirements of CALGreen are more stringent then the requirements of this section, the CALGreen requirements shall apply.

Project applicants shall refer to city's building and/or planning code for complete CALGreen requirements.

(b) For projects covered by CALGreen, the applicants must, as a condition of the city's permit approval, comply with the following:

(1) Where five or more multi-family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three-, three-plus, or two-container collection program offered by the city, or comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(2) New commercial construction or additions resulting in more than 30 percent of the floor area shall provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three-, three-plus, or two-container collection program offered by the city, or shall comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with city's C&D ordinance, division 7, section 62-871 to section 62-899 of city's municipal code, and all written and published city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

(Ord. No. 4304, § 9, 8-2-2021)

(a) City representatives and/or its 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 article 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 to enter the interior of a private residential property for inspection.

(b) Regulated entity 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 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 article described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) access to records for any inspection or investigation is a violation of this article and may result in penalties described.

(c) Any records obtained by the city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code section 6250 et seq.

(d) City representatives, its designated entity, and/or designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this article, subject to applicable laws.

(e) City 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. No. 4304, § 10, 8-2-2021)

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

(b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of the city's staff and resources.

(c) Responsible entity for enforcement;

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

(2) Enforcement may also be undertaken by a regional or county agency enforcement official, designated by the city in consultation with city enforcement official.

a. City enforcement official(s) (and regional or county agency enforcement official, if using) will interpret this article; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.

b. City enforcement official(s) (and regional or county agency enforcement official, if using) may issue notices of violation(s).

(d) Process for enforcement;

(1) City enforcement officials or regional or county enforcement officials and/or their designee will monitor compliance with the article randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 62-794 establishes the city's right to conduct inspections and investigations.

(2) City may issue an official notification to notify regulated entities of its obligations under the article.

(3) With the exception of violations of generator contamination of container contents, city shall issue a notice of violation requiring compliance within 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 the city's policy/ordinance/guidelines or requirements contained below in subsection (k), table 1, List of Violations.

Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.

(e) Penalty amounts for types of violations. The penalty levels are as follows:

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

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

(3) For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.

(f) Factors considered in determining penalty amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:

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

(2) The violator's ability to pay.

(3) The willfulness of the violator's misconduct.

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

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

(6) The deterrent effect of the penalty on the violator.

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

(g) Compliance deadline extension considerations. The 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.

(h) Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with city's procedures in 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.

(i) Education period for non-compliance. Beginning January 1, 2022 and through December 31, 2023, city will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if city determines that an 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 article and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

(j) Civil penalties for non-compliance. Beginning January 1, 2024, if the city determines that 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 article, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.

(k) Enforcement table:

Table 1. List of Violations

(Ord. No. 4304, § 11, 8-2-2021)