Reedley Municipal Code Ch. 1 Solid Waste

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

A. It shall be mandatory for every occupied property within the city to receive solid waste disposal service provided by the city or the city’s authorized contractor.

B. The accumulation, collection, removal of solid waste shall be controlled by the city for the protection of the public health, safety, and welfare and to contribute toward the diminution of air pollution in the city. The city council finds that to give practical effect, a comprehensive system for the periodic collection, removal and disposal of refuse from all premises in the city is essential and benefits all occupants of premises in the city, and therefore, all such occupants are made liable for refuse collection requirements and charges established by the city council for the collection and disposal of solid waste, and each person occupying, owning, controlling and maintaining any premises in the city shall pay at least the minimum rate established for service, regardless of amounts or types of waste generated.

C. All solid waste disposal services shall be provided by the city’s contracted hauler except as follows:

1. Solid waste disposal of construction and demolition debris may be collected and removed from premises within the city by self-haulers authorized and licensed by the city. Yard waste may be collected and transported to an authorized recycling facility by landscapers permitted and licensed by the city.

2. The public works department may establish operating rules and reporting requirements for all haulers authorized by this section. (Ord. 2021-003, 9-28-2021)

A. Establishment Of Rates: For the service of collecting and disposal of regular garbage and yard waste as herein referred to, but not including dead animals or refuse from the construction or demolition or alteration of buildings, the rates to be charged by the city or any contractor to whom a contract is awarded by the city for such purpose shall be established by resolution of the city council.

B. Prorating Charges For Disposal Service: The monthly rate shall be charged against any and all property or premises as specified in this chapter until the Administrative Services department has been notified by the owner or occupant to terminate disposal service. Charges for any fractional part of a month may be prorated using policies adopted by the Administrative Services department.

C. Fees; Due Dates; Billing: All fees provided for in this chapter shall be due and payable in advance. Bills for the removal of regular garbage and yard waste shall be rendered at least once a month, and the whole thereof shall be payable as provided in the laws regulating the collection of utility fees in the city. When such bills are not paid, they shall become delinquent after the sixth day of the month in which event the solid waste service provided for by this chapter may be subject to immediate discontinuance without further notice. In addition, thereto, the city may sue in the civil courts for the collections of such fees. (Ord. 94-020, 9-27-1994; amd. Ord. 2019-009, 12-10-2019; Ord. 21-003, 9-28-2021)

A. Scavenging: It shall be unlawful for any person other than the franchise hauler or other authorized person(s) to remove from any curb, alley, street, designated pick-up location, or any storage area or container, any separated salvageable commodity. It shall also be unlawful for any person to disturb or tamper with any container, bin, or container containing salvageable material, or the contents thereof, or to remove any such container, bin, or container from the location where the same was placed by the owner of said container or bin.

B. No person shall burn any solid waste, hazardous waste, or infectious waste within the City without having obtained a written permit to do so from the City and the San Joaquin Valley Air Pollution Control District. It shall be unlawful for any person to place live or hot coals or ashes or other burning matter in any solid waste container set out for collection.

C. It shall be unlawful and a public nuisance for any person to keep, maintain or handle garbage or garbage containers in such manner as to be offensive or odoriferous or to be a producer of vermin.

D. Special arrangements must be made and permits issued by the county, State of California, and federal agencies for the disposal of any of the following items: Ammunition; explosives; industrial waste; chemicals; infectious, hazardous and radioactive waste; acids; drugs; medicines; human feces; unwrapped animal feces; and items which are too large for the collection equipment or which may damage the collection machinery such as large pieces of metal, machine parts, logs and tree stumps.

E. For any type of solid waste collection in the City, it is unlawful for any person to use the services offered by a person, service, or enterprise that has not obtained all the required permits or agreements from the City pursuant to this chapter.

F. It is unlawful for any person, contractor, or solid waste enterprise to place solid waste collection containers on public property without the appropriate City permit or agreement. For the first violation of this subsection, the City may impound container(s) of non-permitted persons, contractors, or solid waste enterprises forty-eight (48) hours after such container(s) are observed by the City or the City’s agent. For the second violation of this subsection, the City may impound containers of non-permitted persons, contractors or solid waste enterprises previously noticed or impounded twenty-four (24) hours after such container(s) are observed the City or the City’s agent. Any subsequent violations may be subject to immediate confiscation. (Ord. 2021-003, 9-28-2021)

Generators that are persons residing in single-family homes or multi-family properties of 4 units or less are considered Residential Organic Waste Generators for the purposes of this chapter. Residential Organic Waste Generators shall comply with the following requirements:

A. Subscribe to Organic Waste collection services provided through the City of Reedley’s franchised hauler.

B. 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).

C. Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. (Ord. 2021-003, 9-28-2021)

Generators that are Commercial Businesses, including Multi-Family properties of five (5) units or more, must arrange for the recurring collection and recycling of solid waste as follows:

A. Subscribe to collection services provided by a City franchisee. City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the City.

B. Participate in Organic Waste, Non-Organic recyclables, and/or other solid waste collection services provided by franchisee in order to comply with State law. Participation includes placing designated materials in designated containers. Commercial businesses not subscribing to such service with a franchisee, shall make available to the City: (1) acceptable proof that a recycling program and/or organic waste recycling program is in place; (2) that program(s) includes all materials that require diversion under State law; and (3) that the Generator provides the City with the program provider’s name, contact information, and the volume or weight of recyclable organic and or non-organic materials collected on a quarterly or annual basis, in the form and format required by the City.

C. Supply and allow access to an adequate number, size, and location of collection containers with sufficient labels or colors to conform to the collection programs subscribed to through the franchisee or otherwise.

D. Commercial Businesses, excluding Multi-Family dwellings, shall provide containers for the collection of organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

1. A body or lid that conforms with the container colors provided through the collection service provided by the franchisee; or

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. Commercial Businesses, excluding Multi-Family dwellings, shall, to the extent practical through education, training, inspection and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the franchisee’s collection service.

F. Commercial Businesses, excluding Multi-Family dwellings, shall periodically inspect 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).

G. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of discarded materials.

H. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to place designated materials in designated containers, the location of designated containers, and the associated rules governing their use at each property.

I. Provide or arrange access for City or its agent to their properties during all inspections required to confirm compliance with the requirements of this ordinance.

J. If a Commercial Business wants to self-haul, it must meet the Self-Hauler requirements in Section 4-1-11 of this ordinance.

K. 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).

L. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 4-1-9.

M. On or after September 15, 2020, a business that generates two (2) cubic yards or more per week of commercial solid waste, as defined in Public Resources Code section 42649.1, per week, shall arrange for recycling services specifically for organic waste.

N. Commercial Businesses, including Multi-Family dwellings, that subscribe to landscaper services shall provide to the City all information required to determine if these collections satisfy SB 1383 requirements, in the form and format required by the City.

O. Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Gray Container into the Green Container or Blue Container. (Ord. 2021-003, 9-28-2021)

Waivers for physical de minimis volumes, physical space limitations, and/or collection frequency may be granted by the City if the following conditions are met:

A. De Minimis Waivers may be granted to a Commercial Business, at the City’s sole discretion. Such action would waive some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described below. Commercial Businesses requesting a de minimis waiver shall:

1. Submit an application or complete a City-provided form specifying the services that they are requesting a waiver from.

2. Provide documentation that either:

a. The Commercial Business’ total Solid Waste Collection service is two cubic yards or more per week and Organic waste subject to collection in a Green Container comprises less than 20 gallons per week per applicable container of the businesses total waste; or,

b. The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Green or Blue Container comprises less than 10 gallons per week per applicable container of the business’ total waste.

c. Notify City if circumstances change such that Commercial Business’ Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.

d. Provide written verification of eligibility for de minimis waiver every 5 years if City has approved de minimis waiver.

B. Physical Space Waivers may be provided to waive a Commercial Business’ or property owner’s obligations (including Multi-Family dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this chapter. A Commercial Business or property owner may request a physical space waiver through the following process:

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

2. Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.

3. Provide written verification to City that it is still eligible for physical space waiver every five years, if the City has approved the application for a physical space waiver. (Ord. 2021-003, 9-28-2021)

A. Franchised haulers authorized to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its permit conditions and/or franchise agreement.

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

C. 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 60 days. (Ord. 2021-003, 9-28-2021)

Requirements for Commercial Edible Food Generators:

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 Section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

2. Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

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

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

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

c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:

(1) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.

(2) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.

(3) The established frequency that food will be collected or self-hauled.

(4) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

6. No later than February 1st of each year commencing no later than calendar year 2022 for Tier One Commercial Edible Food Generators and calendar year 2024 for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the City in the form and format established by the Public Works Director.

D. Nothing in this ordinance 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. 2021-003, 9-28-2021)

A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.

C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the Jurisdiction and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the Jurisdiction it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 1 of the following year.

D. Food Recovery Capacity Planning:

1. Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County or City, Food Recovery Services and Food Recovery Organizations operating in the Jurisdiction shall provide information and consultation to the Jurisdiction, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Jurisdiction and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Jurisdiction shall respond to such request for information within 60 days unless a shorter timeframe is otherwise specified by the Jurisdiction. (Ord. 2021-003, 9-28-2021)

A. Self-Haulers shall source separate all recyclable materials and Organic Waste generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

B. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.

C. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:

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

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

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

D. Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected to the City if requested.

E. A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information to the City.

F. Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) must apply for an receive all required permits. Contractor self-haul permit applicants must comply with CALGreen requirements and provide per-project forms, as required by the Public Works Director, and subsequently submit all waste disposal and diversion tickets associated with their project(s) at the time prescribed. Failure to submit both the required form and all associated weight tickets shall subject the permittee to an administrative penalty as outlined in Section 4-1-14. (Ord. 2021-003, 9-28-2021)

Beginning April 27, 2021, the City’s franchisee shall have exclusive rights to provide temporary trash services, including bin and roll-off services within the City limits at rates approved by the City Council. Temporary Service Providers, including haulers, and providers of temporary services, including bins, roll-offs, and any and all temporary trash receptacles may not provide such services within the City’s limits with the following exceptions:

Temporary service providers that possessed a valid City of Reedley business license when the City’s franchise agreement was executed (April 27, 2021) shall have continuation rights to provide temporary roll-off services for a period of five (5) years from the date of the franchise agreement execution. Service providers that qualify will be required to follow permitting requirements as stated in this chapter. At the completion of the five (5) year period, only the franchisee shall have rights to provide such services within the City’s limits.

A. Permits and Agreements:

1. No person, contractor, or solid waste enterprise shall charge a fee or accept any form of compensation to collect any solid waste, organic waste, recyclables, hazardous waste, or infectious waste within the City limits without first applying for and receiving all required permits and/or entering into any agreement(s) required by the City to perform such services. In addition to the permits and agreements required under this chapter, the applicant must obtain a business license prior to doing business within the City, and a separate permit for the setting of containers within the City right-of-way.

2. The City shall develop and implement a procedure for evaluating the performance of any and all permittees operating under the provisions of this chapter. Permitted haulers shall submit reports on their hauling activity, as required by the Public Works Director or designee. These reports shall be submitted in the format and frequency established by the Public Works Director. Failure to provide said reports, by their established due date, may result in the hauler’s permit being revoked by the City as provided in Section 3 of this Chapter. Failure to meet minimum diversion rates may result in the revocation of the permit as provided in Section 3 of this Chapter. A franchisee shall have specific requirements and evaluation of their performance governed by the terms of the agreement. At the discretion of the Public Works Director or Code Enforcement Officer, the City reserves the right to utilize other means of enforcement described within the City Municipal Code.

3. Any person, contractor or solid waste enterprise who is issued a permit or agreement pursuant to this chapter shall comply with all of the regulations in this chapter including, but not limited to, the source reduction and recycling provisions.

4. Any person, contractor or solid waste enterprise that meets the qualifications set forth in Section 4-1-12 and desires to provide temporary and non-recurring for-hire hauling must first obtain a permit from the City to remove or convey any solid waste, hazardous waste or infectious waste within the City’s limits from any commercial business or residential unit(s), shall sign and file an application with the City and pay a permit application fee established by resolution of the City Council. To the extent permitted by law, the information submitted in the application shall be kept confidential.

5. Each permit application shall be filed with the Public Works Department and shall include the following information:

a. The name and address of the applicant.

b. The number and type of vehicles to be used by the applicant.

c. Additional information, as established by the Public Works Director, to assist the City’s administration and oversight authority as established by state law.

d. For hazardous waste and infectious waste, written proof that the person or solid waste enterprise has obtained all necessary permits from the county, State of California, and federal agencies for the collection of such waste and has insurance coverage for the transport and disposal of such waste.

B. Issuance or Denial Permits and Agreements.

1. When an application has been made to the City for a permit pursuant to this chapter, it shall be the duty of the Public Works Director to consider the matter; and he or she shall have the right to grant, condition or deny the permit request. No permit granted pursuant to this chapter shall limit the right of the City to grant an exclusive or nonexclusive franchise for solid waste handling services in the City. A permit issued under this chapter shall not grant the permittee rights under California Public Resources Code section 49520, where at the time the permit is granted the permittee did not have a right to continue service under such section.

2. Agreements for the provision of recurring services by solid waste enterprises shall be established and executed at the City’s discretion and for a term of the City’s choosing.

C. Revocation of Permit:

1. In the event that any person, contractor or solid waste enterprise holding a permit to collect solid waste, hazardous waste, or infectious waste within the City from any commercial business or residential unit(s), violates any of the conditions of such permit, the provisions of this chapter, or any other ordinance, statute, or regulation relating to the collection, storage, or disposal of solid waste, hazardous waste, or infectious waste, or collects such solid waste in an unlawful, improper, or unsanitary manner, the Public Works Director may revoke such permit issued to such person, contractor, or solid waste enterprise as provided by this section.

2. The Public Works Director may revoke a permit by issuing a written order to the permittee and the order shall state the grounds for such revocation, and that if proof of compliance is not provided to the Public Works Director within thirty (30) calendar days from the date of the written order, the permit will be revoked forty-five (45) calendar days from the date the written order was mailed. The order shall be mailed by certified mail to the permittee. The Public Works Director may adopt regulations to implement the provisions of this section.

3. If a franchisee fails to comply with agreement terms, the provisions of this chapter, or any other ordinance, statute, or regulation relating to the collection, storage, or disposal of solid waste, hazardous waste, or infectious waste, or collects such solid waste in an unlawful, improper, or unsanitary manner, the Public Works Director may utilize remedies established in the franchise agreement to cure such violations and defaults in addition to any other remedy provided by law.

4. If a permittee or franchise agreement is revoked, no permit or franchise may be thereafter granted to such entity to collect solid waste, hazardous waste, or infectious waste in the City until such time as the permittee or franchisee can first establish to the City its ability to comply with the provisions of this chapter.

D. Equipment Requirements:

1. Vehicles used by the permittee for solid waste handling services shall be approved by the Public Works Director or designee and shall be in safe and operable condition. Vehicles shall be painted with the firm name on each side at a minimum of three (3) inch-high letters. No materials shall leak, fall, or be spilled from any such vehicle or bin attached thereto. Vehicles shall be equipped with shovels and brooms to clean up spillage. Equipment bodies shall be of metal and watertight. Vehicles must pass City approved inspections and meet applicable air quality and vehicle emissions standards. Truck bodies shall be closed when used to transport solid waste, hazardous waste, or infectious waste contents to places of disposal or separation for recycling. Vehicles shall be operated in such a manner as to minimize their exterior noise levels in the City. Vehicles must conform to the California Vehicle Code and all other applicable laws and are subject to inspection at any time by the City or the California Highway Patrol or other law enforcement agencies.

2. Containers to be used by industrial and commercial units and multifamily units not utilizing curbside service shall be provided by the permittee or franchisee. Containers shall have the name and the phone number of the permittee or franchisee clearly visible on two (2) sides in letters not less than three (3) inches in height. Containers shall be of a design and size to contain all the contents therein in such manner as to promote sanitary and healthy conditions. The owner of such containers shall maintain them in a safe and sanitary condition. The director shall have the authority to approve new containers at any time.

3. All permittees and franchisees shall maintain their containers to present a well-kept appearance and ensure that the container area is left clean of debris and refuse after pickup or delivery. Users shall be responsible for the cleanliness of the containers and sanitary conditions of the surrounding area between services.

E. Insurance And Bonds:

1. The permittee and franchisee shall at all times keep fully insured, at his or her own expense, all persons employed by him or her in connection with the contract or permit workers’ compensation insurance as required by the State of California, and shall hold the City free and harmless from all liabilities that may arise by reason of the injuries to any employee of the permittee or franchisee who is injured while performing any work or labor necessary to carry out the provisions of a contract or permit. The permittee or franchisee, during the life of the permit or agreement, shall keep on file with the City clerk evidence that the permittee is fully and properly insured as required by state law.

2. The permittee and/or franchisee shall agree to in a format approved by the City attorney and thereafter indemnify the City, its officers, employees and contractors against, and hold the City, its officers and employees, harmless from, any claims asserted against the permittee on account of the negligence of the permittee/franchisee or its employees, by employees of the permittee/franchisee or by third parties, arising out of personal injuries or property damage, including hazardous material cleanup costs and penalties, suffered by any such persons on account of the operations of the permittee hereunder. The permittee and/or franchisee shall provide and maintain in effect, bodily injury, property damage and environmental liability insurance with limits in an amount approved by the City attorney and as set forth in the permit granted. The permittee and/or franchisee shall have the City, its officials and employees named as an additional insured under each of the aforementioned policies, and such policies shall be endorsed to require thirty (30) days written notice to the City prior to any cancellation thereof. The permittee and/or franchisee shall furnish to the City certificates evidencing that the insurance required hereunder is in effect and such certificates shall be in a form approved by the City’s risk management office.

3. Solid waste enterprises operating under an agreement shall comply with the insurance and bonds requirements as established in their agreements. (Ord. 2021-003, 9-28-2021)

A. City representatives and/or its designated entity 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 ordinance 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 itself does not allow City staff or the City’s designated officials to enter the interior of a private residential property for inspection unless otherwise authorized to do so. For the purposes of inspecting Commercial Business containers for compliance with this section, the City may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to this section.

B. Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and operation of Remote Monitoring equipment; or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in Civil citations and any of the other penalties included in this Chapter.

C. Any records obtained by the City 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. City 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 ordinance, subject to applicable laws.

E. City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. (Ord. 2021-003, 9-28-2021)

A. Violation of any provision of this chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the City Public Works Director, City Code Enforcement Officer, or representative. Enforcement Actions under this chapter include but are not limited to issuance of a civil citation and assessment of a fine pursuant to Title 1 Chapter 4 of the Reedley Municipal Code. Any violation of this chapter may also be enforced pursuant to any other remedy at law or in equity.

1. Responsible Entity for Enforcement:

a. Enforcement pursuant to this ordinance may be undertaken by the City Public Works Director, City Code Enforcement Officer, or a County Agency Public Official, if so designated.

b. City Public Works Director will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.

c. City Public Works Director may issue Notices of Violation(s).

B. Process for Enforcement.

1. City Public Works Director and/or 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). Section 4-1-13 establishes City’s right to conduct Inspections and investigations.

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

3. City may issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.

4. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City may commence an action to impose penalties, via an Civil citation and fine as set forth herein.

a. Civil Penalty Amounts for Types of Violations. The amount of civil penalties for each volition a shall be as adopted by resolution of the City Council that is consistent with the applicable requirements prescribed in Government Code Sections 53069.4, 25132, and 36900.

C. Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, City 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 the City 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 ordinance 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.

D. 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 ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and if necessary, take Enforcement Action consistent with violations of the City of Reedley Municipal Code. At the discretion of the Public Works Director, the City may also use the other remedies available within the Reedley Municipal Code.

E. Compliance Deadline Extension Considerations. The Jurisdiction may extend the compliance deadlines set forth in this chapter if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

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

3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

F. Impounding Solid Waste Containers.

1. Solid Waste Containers Subject to Impound. Any solid waste container within the City that is not provided by the appropriate solid waste franchisee may be impounded in accordance with this section.

2. Notice. The Public Works Director, City Code Enforcement Officer, or representative, shall cause a notice to remove to be posted on the solid waste container in violation of the provisions of this chapter. The notice to remove shall specify that the solid waste container must be removed from the premises within three (3) calendar days from the date the notice is posted on the container, or it will be removed and stored by the City and the contents may be disposed of at the expense of the owner of the container. The notice shall indicate: (a) the date and time that the notice was posted; (b) the name and telephone number of a person designated by the City to hear any appeal or challenge to the requirement that the container be removed; (c) that any appeal of the order for removal must occur within three (3) calendar days of the posting of the notice; and (d) that failure to claim the removed solid waste container within forty-five (45) days shall constitute abandonment and subject the container to disposal (60 days if owner is unknown). Notice shall also be provided to the owner of the property upon which the solid waste container is located, or otherwise posted in a conspicuous place on the applicable business or residence. Notice shall also be mailed, by certified mail, to the owner of the solid waste container if the owner's mailing address or contact information is readily available and legible on the solid waste container or otherwise known to the Public Works Director, City Code Enforcement Officer, or representative.

3. Removal. If the solid waste container is not removed within three (3) calendar days of the notice to remove, the Public Works Director, City Code Enforcement Officer, or representative may direct the removal and storage of the solid waste container and the disposal of its contents. The City may employ the services of its solid waste franchisee(s) or any other contractor to remove said container(s). Any person whose duty it is to remove and store solid waste containers may enter upon private property with the consent of the owner or other person in charge of the premises, or by authority of a warrant, or without consent or a warrant if exigent circumstances exist.

4. Appeal. The owner of the solid waste container may request a hearing within five (5) business days of the removal of the solid waste container to appeal the City's determination that the container is an unauthorized container subject to removal. The hearing will be conducted pursuant to the requirements under section 1-12-7. If the appeal is granted, any payments due to City shall be forgiven and any amounts paid reimbursed.

5. Storage. If no appeal is made, and after a solid waste container is removed and placed in storage, the Public Works Director, City Code Enforcement Officer, or representative, shall send by first class mail, postage prepaid, to the owner of the solid waste container, a notice to claim the stored container, if the identity of the owner of the solid waste container is known. The Public Works Director, City Code Enforcement Officer, or representative, shall make reasonable efforts to identify the owner of a stored solid waste container. If the solid waste container is not claimed within forty-five (45) days after mailing of the notice to the owner, or sixty (60) days after the container is removed, if the owner is not known, the solid waste container shall be deemed abandoned property and may be disposed of accordingly.

6. Release. No solid waste container shall be released to its owner unless the owner has paid the City for the actual costs of the removal, storage and disposal of contents, plus any administrative fees, fines or penalties established by resolution of the City Council. All amounts due to the City shall constitute a debt owed to the City by the owner of the solid waste container.(Ord. 2021-003, 9-28-2021; amd. Ord. 2023-010, 2-13-2024)