Poway Municipal Code Art. III California Integrated Waste Management Act of 1989 (AB 939) and…

The franchisee shall maintain existing residential curbside recycling and yard waste collection programs until such time as the franchisee develops and the City Council approves an equivalent or improved recycling program. Should the City determine that under its California Recycling Market Development Zone (RMDZ) designation, recyclable materials should be provided exclusively for sale to a business or industry that uses said recyclables in a remanufacturing process and is located within the RMDZ, the City may direct franchisee to make said recyclables exclusively available to such business or industry. Documented financial losses (if any) resulting from such direction of the City may be considered through negotiations for rate adjustment.

In addition to residential curbside and commercial recycling programs, franchisee shall develop and, following City Council approval, implement programs to achieve the goals of the AB 939 Source Reduction and Recycling Element (SRRE) including, but not limited to: public recycling bins for a limited number of parks, apartments, commercial areas or other strategic community areas to be provided without charge to the City; City Hall recycling program; debris box materials; commercial cardboard; bar and restaurant glass; complete commercial green waste; office paper and other business recycling; school recycling program, including education, containers and pickup; and recycling/diversion at the source.

(Ord. 448 § 2, 1995)

Franchisee shall guarantee to the City that the diversion requirements of applicable State and Federal law will be fully satisfied at all times during the term and any extended term of the franchise agreement.

(Ord. 448 § 2, 1995)

To assist the City in its planning to meet the requirements of AB 939 as it presently exists and as it may be amended from time to time, franchisee shall submit to the Director of Public Works monthly reports on the amount of disposal and diversion tonnages – separated into product components – and totaled among the sources of generation; and an annual waste disposal and diversion report based upon daily records to be submitted by the thirty-first of January (and at other times as may be requested). These reports and other documents containing information that is required for AB 939 documentation submittals to the California Integrated Waste Management Board (CIWMB) shall be periodically reviewed for thoroughness and usefulness. All reports shall be adequate to meet the City’s reporting requirements to the CIWMB, and to the County of San Diego (or other local jurisdiction) throughout the term of the franchise agreement.

(Ord. 448 § 2, 1995; Ord. 659 § 10, 2007)

Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024.

Commercial edible food generators shall comply with the following requirements:

A. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

B. Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (1) the collection of edible food for food recovery; or, (2) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

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

D. Allow City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

E. Keep records that include the following information:

1. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

2. A copy of all contracts or written agreements with food recovery services or organizations.

3. A record of the following information for each of those food recovery services or food recovery organizations:

a. The name, address and contact information of the food recovery service or food recovery organization.

b. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

c. The established frequency that food will be collected or self-hauled.

d. 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.

F. No later than July 1, 2022, for tier one commercial edible food generators and July 1, 2024, for tier two commercial edible food generators, provide an annual food recovery report to the City that includes the following information:

1. All records required in subsection E of this section.

2. Amount and type of edible food that was not accepted by food recovery organizations or services for donation.

G. 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. 849 § 7, 2021)

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement, shall maintain the following records:

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

2. The quantity in pounds of edible food collected from each commercial edible food generator per month;

3. The quantity in pounds of edible food transported to each food recovery organization per month;

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

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement shall maintain the following records:

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

2. The quantity in pounds of edible food received from each commercial edible food generator per month;

3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

C. Commencing January 1, 2022, and annually thereafter, food recovery organizations and food recovery services that have their primary address located in the City and contract with or have written agreements with one or more commercial edible food generators shall report to the City the following:

1. The total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with.

D. Food Recovery Capacity Planning. In order to support edible food recovery capacity planning assessments or other studies conducted by the City, or its designated entity, food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.

(Ord. 849 § 8, 2021)