Portola Valley Municipal Code Ch. 8.08 Refuse Disposal and Collection and Mandatory Organic Waste Disposal…

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Editor's note— Ord. No. 2022-445, §§ 1, 2, adopted April 13, 2022, repealed the former ch. 8.08., §§ 8.08.010—8.08.0180, and enacted a ch 8.08 as set out herein. The former chapter pertained to garbage and derived from Ord. 1964-19, adopted 1964; Ord. 2000-328, adopted 2000.

"Back-haul" means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR section 18982(a)(66)(A).

"Blue container" has the same meaning as in 14 CCR section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.

"CalRecycle" means the state'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).

"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 multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with edible food recovery requirements contained in the requirements for tier one and tier two commercial edible food generators section of this chapter, including the self-hauling provisions.

"Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in this section. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.

"Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed one hundred cubic yards and seven hundred fifty 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 a jurisdiction to determine compliance with this chapter.

"Compost" has the same meaning as in 14 CCR section 17896.2(a)(4), which stated, as of the effective date of this section, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

"Compostable plastics" or "compostable plastic" 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).

"C&D" means construction and demolition debris.

"Designee for edible food recovery" means the county office of sustainability with which the town has a memorandum of understanding for the purposes of edible food recovery including, but not limited to, inspection, investigation, and enforcement of the edible food recovery provisions of this chapter. Contact information for the designee for edible food recovery can be found on the county office of sustainability website.

"Edible food" means food intended for and fit for human consumption and collected or received from a tier one or tier two commercial edible food generator. For the purposes of this chapter, "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, division 7, chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

"Edible food recovery" means actions to collect, receive, and/or re-distribute edible food for human consumption from tier one and tier two commercial edible food generators that otherwise would be disposed.

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

"Excluded waste" means hazardous material, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the jurisdiction and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in jurisdictions, 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 jurisdiction, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, household batteries, universal wastes and/or compact fluorescent bulbs when such materials are defined as allowable materials for collection through the jurisdiction's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by jurisdiction or its designee for collection services.

"Exclusive franchised hauler" also referred to as "hauler" means the person or entity with whom the town has contracted to collect, receive, carry and/or transport solid waste and other waste streams in accordance with the provisions of chapter 8.08.070.

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

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

"Food recovery organization" means an entity that engages in the collection or receipt of edible food from tier one or tier two commercial edible food generators and distributes that edible food either directly or through other entities, including, but not limited to:

1. A food bank as defined in section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in section 113841 of the Health and Safety code; and

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

A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, division 7, chapter 12 pursuant to 14 CCR section 18982(a)(7).

"Food recovery service" means a person or entity that collects and transports edible food from a tier one or tier two commercial edible food generator to a food recovery organization or other entities for edible food recovery. 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 kitchen and table food wastes; food soiled paper, animal or vegetable wastes resulting from storage, preparation, cooking, processing, or handling of food or food stuffs and is included in mixed compostable materials.

"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.

"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 and is included in mixed compostable materials.

"Garbage" means putrescible wastes including kitchen and table food wastes; food soiled paper, animal or vegetable wastes resulting from storage, preparation, cooking, processing, or handling of food or food stuffs; non-putrescible wastes that are mixed in the same container with or are contaminated by putrescible wastes; infectious wastes, such as used tissues, which are normally produced at residential premises; small dead animals not exceeding ten pounds in weight; and any putrefactive or easily decomposable waste material which is likely to attract flies, vermin, birds or rodents. Garbage does not include recyclable materials, yard trimmings, manure, or hazardous material. Garbage includes food scraps and food-soiled paper and is included in mixed compostable materials.

"Gray container" has the same meaning as in 14 CCR section 18982.2(a)(28) and shall be used for the purpose of storage and collection of mixed compostable materials.

"Greenhouse gas (GHG)" means carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and other fluorinated greenhouse gases as defined in this section.

"Greenhouse gas emission reduction" or "greenhouse gas reduction" means actions designed to achieve a calculated decrease in greenhouse gas emissions over time.

"Green Container" has the same meaning as in 14 CCR section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste/yard trimmings.

"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 jurisdiction's collection service area, or as otherwise defined in 14 CCR section 18982(a)(31.5).

"Hazardous material" means any material or combination of materials which because of its quantity, concentration, or physical, chemical or infectious characteristics may either: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed. Hazardous material include, but are not limited to, hazardous wastes as defined under state or federal law or any regulations promulgated pursuant to such law, as such law or regulations may from time to time be amended.

"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 compostable materials organic content recovery rate of fifty 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).

"Inspection" means a site visit where a jurisdiction reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR section 18982(a)(35). For the purposes of edible food recovery, "inspection" means actions to review contracts and other records related to the recovery of edible food, and may occur off-site via email and other forms of electronic communication, as well as the on-site review of an entity's records and collection, handling, and other procedures for the recovery of edible food to determine if the entity is complying with the requirements of this chapter.

"Jurisdiction" means the Town of Portola Valley. Sometimes jurisdiction is used interchangeably with "town."

"Jurisdiction enforcement official" means the town manager or designee, enforcement official defined in the town's administrative penalty provision, county administrative official, chief operating officer, executive director, or other executive in charge or their authorized designee(s) who is/are partially or [wholly] responsible for enforcing the ordinance. See also "regional or county agency enforcement official".

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

"Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, division 7, chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, division 7, chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR section 18982(a)(39) differs from this definition, the definition in 14 CCR section 18982(a)(39) shall apply to this chapter.

"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).

"Manure" means stable matter (manure and other waste matter normally accumulated in stables or in livestock or poultry enclosures) and does not include recyclable materials, yard trimmings (unless manure is collected as mixed compostable material), garbage (unless manure collected as mixed compostable material), or hazardous material.

"Mixed compostable materials organic collection stream" or "mixed compostable materials" means:

1. For three-container collection service (blue container, green container, and gray container) mixed compostable materials means garbage (including food scraps and food-soiled paper), and/or manure that is separated from yard trimmings.

2. For two-container collection service (gray container and blue container) mixed compostable materials means garbage (including food scraps and food-soiled paper), yard trimmings and/or manure.

3. Mixed compostable materials do not include recyclable materials or hazardous material.

"Mixed waste organic collection stream" or "mixed waste" means organic waste collected in a container that is required by 14 CCR sections 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR section 17402(a)(11.5). This also includes mixed compostable materials as defined [by the] town's franchise agreement with the exclusive franchised hauler.

"Multi-family residential dwelling" or "multi-family" means of, from, or pertaining to residential premises with five or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

"MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, division 2, chapter 2.7.

"Non-local entity" means the following entities that are not subject to the jurisdiction's enforcement authority, or as otherwise defined in 14 CCR section 18982(a)(42):

Special district(s) located within the boundaries of the jurisdiction, including but not limited to: Midpeninsula Regional Open Space District, San Mateo County Mosquito & Vector Control District, Sequoia Healthcare District, West Bay Sanitary District and Woodside Fire Protection District.

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

"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).

"Organic waste generator" 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).

"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).

"Permitted hauler" means a person or entity who has a license from the town to collect, receive, carry and/or transport any waste stream in accordance with the provisions of this chapter. Permitted haulers' operations shall not conflict with the town's agreement with the exclusive franchised hauler.

"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).

"Prohibited container contaminants" means:

1. For a three-container collection service (blue container, green container, and gray container): "Prohibited container contaminants" means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the jurisdiction's blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the jurisdiction's green container; (iii) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in jurisdiction's green container and/or blue container; and, (iv) excluded waste placed in any container.

2. For a two-container (blue container and gray container) collection service for source separated recyclable materials and mixed compostable materials): "Prohibited container contaminants" means the following: (i) discarded materials placed in a blue container that are not identified as acceptable source separated recyclable materials for jurisdiction's blue container; (ii) discarded materials placed in the gray container that are identified as acceptable source separated recyclable materials, which are to be separately collected in jurisdiction's blue container; and, (iii) excluded waste placed in any container.

"Recovered organic waste products" means products made from state, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR section 18982(a)(60).

"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).

"Recyclable materials" means those designated materials that have been source separated from other discards including mixed compostable materials and/or yard trimmings. Recyclable materials may be either a mixed stream of commingled source separated recyclable materials, or a stream consisting of a single type of acceptable recyclable materials (such as cardboard). Recyclable materials includes small dry-cell batteries and compact fluorescent light bulbs in sealed (e.g., Ziploc®) plastic bags set out for collection as required. Recyclable materials does not include mixed compostable materials, yard trimmings, manure, excluded waste or hazardous materials. Recyclable materials are outlined in exhibit D of agreement with exclusive franchised hauler and may change by mutual written agreement with jurisdiction.

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

"Refuse" means any and all collected waste streams, including but not limited to solid waste, garbage recyclable materials, mixed waste, mixed waste compostable materials and yard trimmings.

"Regional agency" means regional agency as defined in Public Resources Code section 40181.

"Regional or county agency enforcement official" means a regional or county agency enforcement official, designated by the jurisdiction with responsibility for enforcing the ordinance in conjunction or consultation with jurisdiction enforcement official.

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

"Renewable gas" means gas derived from organic waste that has been diverted from a state landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR section 18982(a)(62).

"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 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 or refers to, for the purposes of this chapter, the short-lived climate pollutants: organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, division 7, chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

"Self-hauler" means a person, who hauls solid waste, organic waste or recyclable materials he or she has generated to another person. Self-hauler also means a person who hauls waste from a residence or business to a transfer/processing facility, composter or other organic waste recovery activity. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR section 18982(a)(66). For the purposes of edible food recovery, "self-hauler" means a commercial edible food generator which holds a contract with and hauls edible food to a food recovery organization or other site for redistribution according to the requirements of this chapter. Self-haulers that are commercial businesses will be required to obtain a "permitted hauler" license from the town to ensure that their operations do not conflict with the town's agreement with the exclusive franchised hauler.

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

"Solid waste" has the same meaning as defined in state Public Resources Code section 40191, which defines solid waste as 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 semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

1. Hazardous waste, as defined in the state Public Resources Code section 40141.

2. Radioactive waste regulated pursuant to the state Radiation Control Law (chapter 8 (commencing with section 114960) of part 9 of division 104 of the state Health and Safety Code).

3. Medical waste regulated pursuant to the state Medical Waste Management Act (part 14 (commencing with section 117600) of division 104 of the state Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in state Public Resources Code section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to division 30 of the state Public Resources Code.

"Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR section 17402.5(b)(4). For the purposes of the ordinance, 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 gray container waste/mixed compostable materials or other solid waste for the purposes of collection and processing as required for a three-container or two-container collection service.

"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 section 18982(a)(43), or as otherwise defined by section 17402(a)(18.7).

"Source separated green container organic waste" means source separated yard trimmings that can be placed in a green container that is specifically intended for the separate collection of yard trimmings by the generator, excluding source separated blue container organic waste, mixed compostable materials, recyclable materials, excluded waste and hazardous waste.

"Source separated recyclable materials" means any material designated to be separated from the waste stream as recyclable materials and source separated blue container organic waste.

"Source separated yard trimmings" means any material designated to be separated from the waste stream for purposes of yard trimmings composting.

"State" means the State of California.

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise 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:

1. Supermarket.

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

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

If the definition in 14 CCR section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR section 18982(a)(73) shall apply to this chapter.

"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following:

1. Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.

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

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

4. Large venue.

5. Large event.

6. A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.

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

If the definition in 14 CCR section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR section 18982(a)(74) shall apply to this chapter.

"Town" means the Town of Portola Valley. Town is used interchangeably with "jurisdiction."

"Uncontainerized green waste and yard waste collection service" or "uncontainerized service" means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR section 189852(a)(75).

"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).

"Yard trimmings" means tree trimmings, including branches, that are less than six inches in diameter less than two feet in length, shrubbery prunings, vegetative garden wastes, dead plants, weeds, leaves, grass clippings and other vegetative matter. Yard trimmings also means Christmas trees that are cut to lengths of not more than five-feet, and which are free of plastics or other contaminants. Yard trimmings does not include recyclable materials, garbage, mixed compostables, manure, excluded waste and hazardous materials. Yard trimmings are outlined in exhibit D of agreement with exclusive franchised hauler and may change by mutual written agreement with jurisdiction.

(Ord. No. 2022-445 §§ 1, 2, 2022)

Applicability. This chapter shall take effect on July 1, 2023.

Single-family organic waste generators shall comply with the following requirements and single-family generators that self-haul materials must meet the self-hauler requirements in chapter 8.08.080 of this Code:

A. Shall subscribe to jurisdiction's organic waste collection services for all organic waste generated as described below in chapter 8.08.020(B). Jurisdiction 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; and, single-family generators shall adjust its service level for its collection services as requested by the jurisdiction. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR section 18984.9(c).

B. Shall participate in the jurisdiction's organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.

1. For a three-container collection service (blue container, green container, and gray container): generator shall place source separated yard trimmings, except food scraps, in the green container; source separated recyclable materials in the blue container; and mixed compostable materials, including food scraps and food-soiled paper, in the gray container. Generator shall not place materials designated for the green containers or blue containers in the gray containers.

2. For a two-container collection service (blue container/gray container collection): generator shall place only source separated recyclable materials in the blue container. Generator shall place all other materials, including food scraps, food-soiled paper and yard trimmings, (mixed compostable materials) in the gray container.

(Ord. No. 2022-445 §§ 1, 2, 2022)

Applicability. Chapter 8.08.030(O) shall go into effect immediately; 8.08.030(C) and 8.08.030(D) shall go into effect July 1, 2024 and the remainder of this chapter 8.08.030 shall take effect on July 1, 2023.

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

A. Subscribe to jurisdiction's three- or two-container collection services and comply with requirements of those services as described below in 8.08.030(B) and comply with the self-hauler for requirements in chapter 8.08.080 of this Code. All commercial businesses, including multi-family residential dwellings, shall subscribe to recyclable materials collection and commercial businesses and/or multi-family residential dwellings that generate four cubic yards or more of total solid waste per week shall subscribe to yard trimmings collection. Town 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 town.

B. Participate in the jurisdiction's organic waste collection service(s) by placing designated materials in designated containers as described below.

1. For three-container collection service (blue container, green container, and gray container) generator shall place source separated yard trimmings, except food waste, in the green container; source separated recyclable materials in the blue container; and mixed compostable materials, including food waste, in the gray container. Generator shall not place materials designated for the green containers or blue containers in the gray containers.

2. For two-container collection service (blue container/gray container) generator shall place only source separated recyclable materials in a blue container. Generator shall place all other materials (mixed compostable materials) in a gray container.

C. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with 8.08.030(D)(1) and 8.08.030(D)(2) in this chapter below) for employees, contractors, tenants, and customers, consistent with jurisdiction's blue container, gray container, and/or green container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with chapter 8.08.080.

D. Excluding multi-family residential dwellings, provide containers for the collection of 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 jurisdiction, 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 [to] 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 requirements in this chapter 8.08.030(D) 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 jurisdiction's blue container, gray container and/or green container, collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with chapter 8.08.080.

G. Excluding multi-family residential dwellings, periodically inspect blue containers, green containers, gray containers and/or green 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 and source separated recyclable materials and/or source separated green container organic waste.

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

J. Provide or arrange access for jurisdiction or its agent to their properties during all inspections conducted in accordance with chapter 8.08.130 of this Code to confirm compliance with the requirements of this chapter.

K. Accommodate and cooperate with jurisdiction'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 with 8.08.030(B). The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, gray containers and/or green containers.

L. At commercial business's option and subject to any approval required from the jurisdiction, implement a remote monitoring program for inspection of the contents of its blue containers, and gray containers and/or green 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, gray containers and/or green containers subject to written notification to or approval by the jurisdiction or its designee.

M. If a commercial business wants to self-haul, meet the self-hauler requirements in chapter 8.08.080 of this Code.

N. Nothing in this chapter 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).

O. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to chapter 8.08.06.

(Ord. No. 2022-445 §§ 1, 2, 2022)

Applicability. This chapter shall go into effect July 1, 2023.

A. De Minimis Waivers. A jurisdiction may waive a commercial business' obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in 8.08.040(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 8.08.040(A)(2) below.

2. Provide documentation that either:

a. The commercial business' total solid waste collection service is four cubic yards or more per week and yard trimmings subject to collection in a green container comprises less than twenty gallons per week per applicable container of the business' total waste; or

b. The commercial business' total solid waste collection service is less than four cubic yards per week and yard trimmings subject to collection in a green container comprises less than ten gallons per week per applicable container of the business' total waste.

3. Notify jurisdiction if circumstances change such that commercial business' yard trimmings 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 jurisdiction has approved de minimis waiver.

B. Physical Space Waivers. Jurisdiction 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 yard trimmings collection service requirements if the jurisdiction 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 of chapter 8.08.020 or chapter 8.08.030.

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 jurisdiction that it is still eligible for physical space waiver every five years, if jurisdiction has approved application for a physical space waiver.

C. Multi-Tenant Waiver. Jurisdiction may waive a commercial business' obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or yard trimmings collection service requirements of the jurisdiction if the commercial business provides documentation that the business shares service with a tenant that already subscribes to services through the exclusive franchised hauler.

1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

2. Provide documentation from the tenant indicating the services subscribed to through the exclusive franchised hauler and their authorization for the commercial business to share this service.

3. Provide written verification to jurisdiction that it is still eligible for a multi-tenant waiver every five years, if jurisdiction has approved application for a multi-tenant waiver.

D. Review and approval of waivers by the jurisdiction shall be conducted by the town manager or his or her designee.

(Ord. No. 2022-445 §§ 1, 2, 2022)

Applicability. This chapter shall go into effect immediately.

A. 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, 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 chapter, commencing January 1, 2024.

C. Tier one and tier two 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. Use the CalRecycle model food recovery agreement or the contractual elements contained in the requirements for food recovery organizations and food recovery services section of this chapter to contract with, or otherwise enter into a written agreement with food recovery organizations or food recovery services for:

a. The collection of edible food for edible food recovery from the tier one or tier two commercial edible food generator's premises; or

b. The acceptance of edible food that the tier one or tier two commercial edible food generator self-hauls to the food recovery organization.

3. Contract with food recovery organizations and food recovery services able to demonstrate a positive reduction in greenhouse gas emissions from their edible food recovery activity. A list of food recovery organizations and food recovery services is available on the county office of sustainability website.

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

5. Allow the town's enforcement entity or their designee for edible food recovery to access the premises and inspect procedures and review records related to edible food recovery and/or provide them electronically if requested by the town or the designee for edible food recovery.

6. Keep records that include the following information:

a. A list of each food recovery organization or a food recovery service that collects or receives edible food from the tier one or tier two commercial edible food generator pursuant to a contract or written agreement as required by this chapter.

b. A copy of all contracts or written agreements established under the provisions of this chapter.

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 schedule or 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.

7. No later than June 30 of each year commencing no later than July 1, 2022 for tier one commercial edible food generators and July 1, 2024 for tier two commercial edible food generators, they shall provide an annual edible food recovery report to the designee for edible food recovery that includes, but is not limited to, the following information: a list of all contracts with food recovery organizations and food recovery services, the amount and type of edible food donated to food recovery organizations and food recovery services, the schedule of edible food pickup by food recovery organizations and food recovery services, a list of all types of edible food categories they generate, such as "baked goods," that are not accepted by the food recovery organizations and food recovery services with whom they contract, the contact information for the manager and all staff responsible for edible food recovery, and certification that all staff responsible for edible food recovery have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 standard practice for certificate programs, such as ServSafe. With the exception of the food safety and handling training certification, tier one and tier two commercial edible food generators may coordinate with their edible food recovery contractors to supply this information. The designee for edible food recovery will assist in the preparation of these reports by providing guidance and a template located on the county office of sustainability website.

8. Mandate their edible food recovery staff learn and follow the donation guidelines and attend trainings conducted by food recovery organizations or food recovery services with which they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of edible food to ensure the maximum amount of edible food is recovered and to avoid supplying food for collection that is moldy, has been improperly stored, or is otherwise unfit for human consumption.

9. Tier one and tier two commercial edible food generators who self-haul edible food shall require those transporting edible food for recovery to obtain a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 standard practice for certificate programs, such as ServSafe and follow the best practices and standards for proper temperature control, methods, and procedures for the safe handling and transport of food.

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

(Ord. No. 2022-445 §§ 1, 2, 2022)

Applicability. This chapter shall go into effect immediately.

A. Food recovery services operating in the town and collecting or receiving edible food directly from tier one and/or tier two commercial edible food generators via a contract or written agreement established under the requirements of this chapter, shall maintain the following records:

1. The name, address, and contact information for each tier one and tier two commercial edible food generator from which the service collects edible food.

2. The quantity in pounds of edible food by type collected from each tier one and tier two commercial edible food generator per month.

3. The quantity in pounds of edible food by type transported to each food recovery organization or redistribution site per month.

4. The name, address, and contact information for each food recovery organization or redistribution site that the food recovery service transports edible food to for edible food recovery.

B. Food recovery organizations operating in the town and collecting or receiving edible food directly from tier one and/or tier two commercial edible food generators via a contract or written agreement established under the requirements of this chapter, or receiving edible food from food recovery services or from other food recovery organizations, shall maintain the following records:

1. The name, address, and contact information for each tier one and tier two commercial edible food generator, food recovery service, or other food recovery organization from which the organization collects or receives edible food.

2. The quantity in pounds of edible food by type collected or received from each tier one or tier two commercial edible food generator, food recovery service, or other food recovery organization per month.

3. The name, address, and contact information for other food recovery organizations or redistribution sites that the food recovery organization transports edible food to for edible food recovery.

C. Food recovery organizations and food recovery services operating in the town shall inform tier one and tier two commercial edible food generators from which they collect or receive edible food about State and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established as required by this chapter.

D. Commencing no later than July 1, 2022, food recovery organizations and food recovery services operating in the town and collecting or receiving edible food from tier one and tier two commercial edible food generators or any other source shall report to the lead staff person the following: a detailed edible food activity report of the information collected as required under this chapter, including weight in pounds by type and source of edible food, the schedule/frequency of pickups/drop-offs of edible food from/to each edible food source or redistribution site, brief analysis of any necessary process improvements or additional infrastructure needed to support edible food recovery efforts, such as training, staffing, refrigeration, vehicles, etc., and an up to date list of tier one and tier two commercial edible food generators with whom they have contracts or agreements established as required under this chapter. The designee for edible food recovery will assist in the preparation of these reports by providing guidance and a template located on the county office of sustainability website. This edible food activity report shall be submitted quarterly, or at the discretion of the designee for edible food recovery, less frequently, and shall cover the activity that occurred since the period of the last submission.

E. Food recovery organizations and food recovery services operating in the town shall contact the designee for edible food recovery to discuss the requirements of this chapter before establishing new contracts or agreements with tier one or tier two commercial edible food generators and in order to maintain existing contracts or agreements for the recovery of edible food with tier one and tier two commercial edible food generators.

F. In order to provide the required records to the state, town, or the designee for edible food recovery, and tier one or tier two commercial edible food generators, contracts between food recovery organizations and food recovery services operating in the town and tier one and tier two commercial edible food generators shall either:

1. Use the model food recovery agreement developed by the state department of resources recycling and recovery (CalRecycle,) and include a clause requiring the food recovery organization or food recovery service to report to the tier one and tier two commercial edible food generators with whom they have contracts the annual amount of edible food recovered and to inform them of the tax benefits available to those who donate edible food to non-profits.

2. Or include in their contracts the following elements:

a. List/description of allowable foods the food recovery organization/food recovery service will receive.

b. List/description of foods not accepted by the food recovery organization/food recovery service.

c. Conditions for refusal of food.

d. Food safety requirements, training, and protocols.

e. Transportation and storage requirements and training.

f. A protocol for informing the tier one or tier two commercial edible food generators of a missed or delayed pickup.

g. Notice that donation dumping is prohibited.

h. Provisions to collect sufficient information to meet the record-keeping requirements of this chapter.

i. Fees/financial contributions/acknowledgement of terms for the pickup and redistribution of edible food.

j. Terms and conditions consistent with the CalRecycle model food recovery agreement.

k. Information supplying the tier one or tier two commercial edible food generators with the annual amount of edible food recovered and informing them of the tax benefits that may be available to those who donate edible food to non-profits.

l. Contact name, address, phone number, and email for both responsible parties, including the current on-site staff responsible for edible food recovery.

m. Food recovery organizations accepting self-hauling of edible food from tier one and tier two commercial edible food generators must provide a schedule, including days of the week and acceptable times for drop-offs, and information about any limitation on the amount of food accepted, and/or the packaging requirements or other conditions of transport, such as, but not limited to, maintaining proper temperature control, and other requirements for the safe handling and transport of food, the self-hauler must follow for the edible food to be accepted.

G. Food recovery organizations and food recovery services operating in the town shall demonstrate that all persons, including volunteers and contracted workers using their own vehicle, involved in the handling or transport of edible food, have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 standard practice for certificate programs, such as ServSafe.

H. Food recovery organizations and food recovery services operating in the town shall use the appropriate temperature control equipment and methods and maintain the required temperatures for the safe handling of edible food recovered from tier one and tier two commercial edible food generators for the duration of the transportation of the edible food for redistribution, including edible food transported by private vehicles.

I. In order to ensure recovered edible food is eaten and to prevent donation dumping, food recovery organizations and food recovery services operating in the town shall provide documentation that all redistribution sites which are not themselves food recovery organizations to which they deliver edible food have a feeding or redistribution program in place to distribute, within a reasonable time, all the edible food they receive. Such documentation may include a website address which explains the program or pamphlets/brochures prepared by the redistribution site.

J. Food recovery organizations and food recovery services operating in the town [that are] unable to demonstrate a positive reduction in GHG emissions for their edible food recovery operational model cannot contract with tier one and tier two commercial edible food generators in the town for the purpose of recovering edible food as defined in this chapter. Food recovery organizations and food recovery services contracting to recover edible food from a tier one and tier two commercial edible food generator for redistribution shall consult with the town's designee for edible food recovery to document that their overall operational model will achieve a greenhouse gas emissions reduction. Such review may analyze route review, miles traveled for pick-up and redistribution, amount of food rescued, and the likelihood of consumption after redistribution.

K. Food recovery organizations and food recovery services operating in the town shall visually inspect all edible food recovered or received from a tier one and tier two commercial edible food generator. If significant spoilage is found, or if the food is otherwise found to be unfit for redistribution for human consumption, food recovery organizations and food recovery services shall immediately notify the designee for edible food recovery using the process found on the county office of sustainability's website. The notice shall include:

1. The type and amount, in pounds, of spoiled food or food unfit for redistribution for human consumption, or provide a photographic record of the food, or both.

2. The date and time such food was identified.

3. The name, address and contact information for the tier one or tier two commercial edible food generator which provided the food.

4. The date and time the food was picked up or received.

5. A brief explanation of why the food was rejected or refused.

L. Contracts between tier one or tier two commercial edible food generators and food recovery organizations or food recovery services shall not include any language prohibiting tier one or tier two commercial edible food generators from contracting or holding agreements with multiple food recovery organizations or food recovery services listed on the county office of sustainability website.

M. Food recovery organizations and food recovery services operating in the town shall conduct trainings and develop educational material such as donation guidelines and handouts to provide instruction and direction to tier one and tier two commercial edible food generators with whom they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of edible food to ensure the maximum amount of edible food is recovered and to avoid the collection of food that is moldy, has been improperly stored, or is otherwise unfit for human consumption.

N. Edible Food Recovery Capacity Planning.

1. Food recovery services and food recovery organizations. In order to support edible food recovery capacity planning assessments or other such studies, food recovery services and food recovery organizations operating in the town shall provide information and consultation to the town and its lead staff person upon request, regarding existing, or proposed new or expanded, edible food recovery capacity that could be accessed by the town and its tier one and tier two commercial edible food generators. A food recovery service or food recovery organization contacted by the town and its lead staff person shall respond to such requests for information within sixty days.

O. Allow the town's enforcement entity or their lead staff person to access the premises and inspect procedures and review records related to edible food recovery and/or provide them electronically if requested by the town or the lead staff person.

(Ord. No. 2022-445 §§ 1, 2, 2022)

Applicability. Chapter 8.08.070(B) shall go into effect immediately. Chapter 8.08.070(A) shall become effective on July 1, 2023.

A. Requirements for Haulers.

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

a. Through written notice to the jurisdiction annually on or before July 1 or as requested for CalRecycle reporting, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, source separated yard trimmings, and mixed compostable materials. For exclusive franchised hauler provide on the frequency required in the franchise agreement, or annually if the processing facilities outlined in the agreement were to change or not meet CalRecycle requirements.

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. If authorization is not otherwise contained in the operative agreements between the jurisdiction and applicable hauler, obtain approval from the jurisdiction 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, chapter 8.08.090 (Compliance with CALGreen recycling requirements) of this chapter, and jurisdiction's C&D ordinance.

2. Exclusive franchised hauler and Permitted 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 jurisdiction.

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 jurisdiction 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 jurisdiction shall respond within sixty days.

2. Community composting operators, upon jurisdiction request, shall provide information to the jurisdiction 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 jurisdiction shall respond within sixty days.

(Ord. No. 2022-445 §§ 1, 2, 2022)

Applicability. Chapter 8.08.080(A) shall become effective immediately. Chapter 8.08.080(B) through (F) shall become effective July 1, 2023.

A. Self-haulers that are commercial businesses shall obtain a business license from the jurisdiction as required to do business within the jurisdiction.

B. Self-haulers shall source separate all recyclable materials and organic waste (materials that jurisdiction otherwise requires generators to separate for collection in the jurisdiction'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.

C. 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.

D. 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 jurisdiction. The records shall include the following information:

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

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

3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

D. Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide the records documented in 8.08.080(C) to jurisdiction if requested and/or register with the jurisdiction.

E. A residential organic waste generator that self-hauls organic waste is not required to record or report information outlined in 8.08.080(C) and 8.08.080(D).

(Ord. No. 2022-445 §§ 1, 2, 2022)

Applicability. This chapter shall go into effect immediately.

A. Persons applying for a permit from the jurisdiction for new construction and building additions and alternations shall comply with the requirements of this chapter 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 town Building Code, and the amendments as adopted. If the requirements of CALGreen are more stringent then the requirements of this chapter, the CALGreen requirements shall apply.

Project applicants shall refer to town's Building Code or this Code for complete CALGreen and/or other applicable requirements.

B. For projects covered by CALGreen or more stringent requirements of the jurisdiction, the applicants must, as a condition of the jurisdiction'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, gray container and/or green container materials, consistent with the three- or two-container collection program offered by the jurisdiction, 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, gray container and/or green container materials, consistent with the three- or two-container collection program offered by the jurisdiction, 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 jurisdiction's C&D ordinance, chapter 8.09 of this Code, and all written and published jurisdiction policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

(Ord. No. 2022-445 §§ 1, 2, 2022)

Applicability. This chapter shall go into effect immediately.

Jurisdiction departments, and direct service providers to the jurisdiction, as applicable, must comply with the jurisdiction's most current policy concerning environmentally preferable purchasing and practices and recycled-content paper procurement policy.

(Ord. No. 2022-445 §§ 1, 2, 2022)

Applicability. This chapter shall go into effect immediately.

A. Collection, Removal and Disposal Only by Authorized Persons.

1. The town shall authorize, permit, regulate and control the collection, removal and disposal of all refuse generated at all places or premises. For this purpose, the town may enter into a collection agreement with one or more solid waste enterprises with or without advertising for bids. The collection agreement may be exclusive as to services specified in the agreement.

2. No person shall negotiate or contract for, undertake to receive, collect, remove, transport, or dispose of any type of refuse from within the town for a fee, service charge or other consideration therefor, except if licensed or under contract by the town to perform such services or if employed by the town.

3. No person shall interfere in any manner with the lawful operations of the exclusive franchised hauler and permitted haulers or their duly authorized agents or subcontractors.

4. Except as otherwise provided in this chapter, each residential householder and commercial business owner shall utilize the services of the exclusive franchised hauler for the collection of refuse from the residential or commercial premises held or occupied by that owner or occupant and shall pay the fees for services as approved by the council. No residential householder or commercial business owner shall enter into an agreement with a solid waste enterprise for the collection of refuse except as otherwise provided in this chapter.

B. Frequency of Refuse Collection; Hours.

1. The exclusive franchised hauler or its duly authorized agents or subcontractors shall collect refuse from all residential premises and commercial premises within the town at least once a week, unless the director authorizes a different frequency of collection.

2. Refuse shall be collected only between the hours of eight a.m. and five thirty p.m.

C. Refuse Containers.

1. All types of refuse containers shall be kept in a sanitary condition with the lids closed except whenever they are being loaded or unloaded.

2. Refuse containers suitable for residential places or premises shall be provided by the exclusive franchised hauler. Any container shall be of a size based upon the subscription service level requested by the person responsible for the payment of charges therefor or as may be required by this chapter.

3. Refuse containers shall be collected by the exclusive franchised hauler whenever the containers are placed in a refuse enclosure or at the authorized collection area. Collection may be made at another location upon approval of the town manager or designee, based upon the subscription service level requested.

4. All commercial property owners, commercial business owners and persons shall provide access to the town or the exclusive franchised hauler for the inspection of internal and external refuse containers and enclosures. The town manager or designee shall be authorized to conduct inspections of commercial premises, as permitted by law, to ensure compliance with this chapter, including this section.

5. Commercial property owners, commercial business owners and persons shall ensure that all refuse containers and refuse enclosures are accessible and easily serviceable by the exclusive franchised hauler. Service vehicles shall have a safe and clear passage and access to refuse enclosures to provide for the efficient service to customers.

D. Refuse Containers—Location. Containers shall remain on private property and not in the public right-of-way except as necessary to accommodate scheduled collection. Containers are permitted in the public right-of-way only during the day preceding the day of scheduled collection and terminating the day following such collection. Containers shall not be placed in a public right-of-way so as to constitute a nuisance.

E. Maintenance and Placement of Containers. The commercial business owners and residential householder shall maintain their containers at their places and premises and the areas where the containers are located in good, usable, clean and sanitary condition, and shall ensure that the lids on the container are kept closed and shall ensure that there is no litter underneath or surrounding the containers. No refuse shall be placed outside of the container, unless as prearranged for collection by the exclusive franchised hauler; yard trimming may be placed out as permitted for the Woodside Fire Protection District's annual chipper program. Containers shall be maintained in a manner that will prevent leakage, spillage and the emission of odors. Commercial premises sharing receptacles placed outside of retail areas, shall also share equally in the responsibility of emptying the receptacles so that they do not overflow and maintaining the area around the receptacles so that it is free of loose litter.

F. Discarding of Refuse; Source Separation.

1. No person shall throw, drop, leave, place, keep, accumulate, or otherwise dispose of any refuse upon private property either with or without the intent to later remove the same from that place or premises, or upon any street, public right-of-way, sidewalk, gutter, stream, or creek, or the banks thereof, or any public place or public property.

2. All persons shall separate their refuse according to its characterization as solid waste, compostable materials, or recyclable materials, and place each type of refuse in a separate container designated for disposal of that type of refuse. No person may mix any type of refuse, or deposit refuse of one type in a collection container designated for refuse of another type, except as otherwise provided in this chapter. This does not prohibit the placement of refuse in public solid waste or recycling receptacles, or in containers for collection in accordance with the provisions of this chapter. This section does not prohibit any person from engaging in home composting.

G. Contract for Collection and Disposal. The council may, by resolution, award a contract or franchise for the collection and disposal of solid waste to any person which the council believes qualified and equipped to perform the work. The contract may be awarded through a competitive process or by direct negotiation and may be an exclusive contract or franchise.

H. Collection of Fees. The exclusive franchised hauler shall have authority to charge such fees as may be determined by the council to be reasonable, and to collect such charges either in advance, or otherwise, at such times as may be fixed in the agreement with the exclusive franchised hauler.

I. Liability for Payment of Rates. Unless otherwise exempt, every person with residential premises or commercial premises within the town shall be liable for the payment of the refuse service rates, including any collection rates authorized by the town.

J. Litter, Spillage or Leakage of Refuse. All types of refuse hauled by any person over public streets in town shall be securely tied and covered during hauling in order to prevent litter and the leakage, spillage, blowing or dropping of refuse of any type on to public streets. No person shall allow any type of refuse to leak, spill, scatter, blow or drop from any vehicle operated on public streets within the town.

K. No Accumulation of Refuse. No person shall permit any type of refuse to accumulate at its place or premises for a period in excess of one calendar week, except the director may authorize by written rules and regulations a different frequency of collection, removal and disposal of refuse for compactors at commercial premises. This provision shall not be construed to prohibit any person from temporarily storing building materials at any place or premises during the period of active construction, reconstruction or repair of a building or structure thereon under a current valid building permit, storing wood in an orderly pile at the place or premise for household use, or retaining compostable materials for home composting purposes.

L. Burning, Burial, or Dumping of Restrictions.

1. No person shall burn any refuse within the town at any time unless authorized by the Woodside Fire Protection District.

2. No person shall bury or dump any type of refuse within the town. Compostable materials may be buried on-site by the occupant of the residential place or premises.

M. Hazardous Waste. No person shall deposit any hazardous waste in a container.

N. Source Separation.

1. No person shall place any prohibited container contaminant into any collection container serviced by the exclusive franchised hauler.

2. Every person depositing solid waste for collection with the exclusive franchised hauler shall source separate their solid waste and place materials in the appropriate collection containers designated by the exclusive franchised hauler for collection of organic waste, recyclable materials, and remaining solid waste.

O. Special Permits in Hardship Cases. Upon a showing of hardship by the owner, occupant or tenant of a place or premise, the director may issue a special written permit authorizing a variance with the provisions of this chapter yet the variance will be subject to the imposition of terms and conditions as the director may deem necessary to protect the public safety and welfare.

P. Administration by Town Manager.

1. The town manager or designee shall adopt written rules and regulations, not inconsistent with this chapter, as may be necessary for the proper administration and enforcement of this chapter. The written rules and regulations may include, but are not limited to, regulations relating to the required frequency of refuse collection from various types of places or premises, the types of special containers required for placement at places or premises, and regulations governing the vehicles used in making collections.

2. The town manager shall resolve all disputes concerning the administration or enforcement of this chapter, and his or her decision shall be final.

(Ord. No. 2022-445 §§ 1, 2, 2022)

Applicability. This chapter shall go into effect immediately.

A. Jurisdiction 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 chapter by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow jurisdiction to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with chapter 8.08.020(B) or chapter 8.08.030(B) of this chapter, jurisdiction may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to chapter 8.08.030(K) of this chapter.

B. Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the jurisdiction'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 chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment; and/or (iii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

C. Any records obtained by a jurisdiction during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code section 6250 et seq.

D. Jurisdiction representatives, its designated entity, and/or designee are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

E. Jurisdiction shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints. Anonymous complaints must be in writing, shall specify the name of violator if known; the location and date of the alleged violation and shall be directed to the town manager or designee.

(Ord. No. 2022-445 §§ 1, 2, 2022)

Applicability. This chapter shall go into effect immediately.

A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a jurisdiction enforcement official or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The jurisdiction'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 chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.

B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. Jurisdiction may pursue civil actions in the state courts to seek recovery of unpaid administrative citations. Jurisdiction 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 jurisdiction staff and resources.

C. Responsible Entity for Enforcement.

1. Enforcement pursuant to this chapter may be undertaken by the jurisdiction enforcement official, which may be the town 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 jurisdiction, in consultation with jurisdiction enforcement official.

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

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

D. Process for Enforcement.

1. Jurisdiction enforcement officials and/or regional or county enforcement officials and/or their designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Chapter 8.08.130 establishes jurisdiction's right to conduct inspections and investigations.

2. Jurisdiction may issue an official notification to notify regulated entities of its obligations under the ordinance.

3. For incidences of prohibited container contaminants found in containers, jurisdiction, or its designee, will issue a notice of violation 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 seven days after determining that a violation has occurred. If the jurisdiction observes prohibited container contaminants in a generator's containers on more than two consecutive occasion(s), the jurisdiction may assess contamination processing fees or contamination penalties on the generator.

4. With the exception of violations of generator contamination of container contents addressed under chapter 8.08.140(D)(3), jurisdiction shall issue a notice of violation requiring compliance within sixty days of issuance of the notice.

5. Absent compliance by the respondent within the deadline set forth in the notice of violation, jurisdiction shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the jurisdiction's administrative penalty ordinance (chapter 1.12.045) and table 1 of this chapter. The town may also elect at its discretion to use the county's administrative penalty ordinance.

Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the jurisdiction 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. Unless otherwise specified by town council resolution, the penalty levels are as follows:

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

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

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

In the event the town council's resolution and this chapter contain different penalty amounts, the higher amount shall apply.

F. Compliance Deadline Extension Considerations. The jurisdiction may extend the compliance deadlines set forth in a notice of violation issued in accordance with chapter 8.08.140 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. Forces of nature such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

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

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

G. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with jurisdiction's procedures in the jurisdiction's codes for appeals of administrative citations. Evidence may be presented at the hearing. The jurisdiction will appoint a hearing officer who shall conduct the hearing and issue a final written order.

H. Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, jurisdiction will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if jurisdiction determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

I. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the jurisdiction determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.

(Ord. No. 2022-445 §§ 1, 2, 2022)