Ridgecrest Municipal Code Art. II Collection and Disposal

This chapter is adopted to protect the welfare of the public with respect to sanitation.

(Code 1980, § 13-1; Ord. No. 11-04, § 6)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commercial edible food generator includes a tier one or a tier two commercial edible food generator as defined in this section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

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 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, 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.

Container means bin, cart, or roll-off.

Discarded materials means recyclable materials, organic materials, and solid waste placed by a generator in a collection container and/or at a location for the purposes of collection excluding excluded waste

Edible food means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), edible food is not solid waste if it is recovered and not discarded. Nothing in this ordinance 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.

Food recovery means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

Food recovery organization means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

(1) A food bank as defined in Health and Safety Code § 113783;

(2) A nonprofit charitable organization as defined in Health and Safety Code § 113841; and

(3) A nonprofit charitable temporary food facility as defined in Health and Safety Code § 113842.

A food recovery organization is not a commercial edible food generator for the purposes of this ordinance 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 commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

Food scraps means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

Food waste means food scraps and food-soiled paper.

Franchisee means the entity with whom the city has contracted under a franchise agreement to handle waste pursuant to section 7-382.

Generator means a person or entity that is responsible for the initial creation of one or more types of discarded materials.

Household hazardous waste means waste material that is purchased by the general public for household use, which is toxic, corrosive, flammable, ignitable or reactive and may pose a substantial hazard to human health or the environment when improperly managed.

Level full means that the amount of refuse deposited in a commercial container does not exceed the lowest top edge thereof, such that the lid can be completely closed.

Multifamily residential structure means residential structures that contain five or more separate dwelling units.

Organic material means yard trimmings, food scraps, and food-soiled papers that are set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of processing.

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).

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).

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 the following:

(1) Discarded materials placed in the recyclable materials container that are not identified as acceptable source separated recyclable materials for the city's recyclable materials container;

(2) Discarded materials placed in the organic materials container that are not identified as acceptable source separated organic materials for the city's organic materials container;

(3) Discarded materials placed in the solid waste container that are acceptable source separated recyclable materials and/or source separated organic materials to be placed in city's organic materials container and/or recyclable materials container; and

(4) Excluded waste placed in any container.

Recyclable material means materials that are segregated at the source from other refuse for the purpose of recycling and includes, but is not limited to, paper, glass, metals, wood, plastics, wastes, bulky goods, waste oil, and construction and demolition materials. Recyclable material which is commingled or mixed with refuse shall be considered to have been discarded and shall be deemed refuse for the purposes of this chapter.

Refuse means all wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal wastes, and other discarded wastes, but excluding hazardous waste or substances, radioactive waste, untreated medical waste, and liquid waste. Recyclable waste material is considered refuse for the purposes of this chapter. The term "refuse" shall be synonymous with the term "solid waste" as used in Public Resources Code div. 30, ch. 1, the Integrated Waste Management Act (Public Resources Code § 40000 et seq.).

Rubbish means treated wood, treated wood products, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp, and other products such as are used for packaging or wrapping crockery, ashes, cinders, floor sweepings, mineral or metallic substances, earth, rock, used, demolished or discarded building materials, and other waste material other than hazardous waste or yard waste.

SB 1383 means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Health and Safety Code §§ 39730.5, 39730.6, 39730.7, and 39730.8, 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 article, 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 material they have generated to another person. Self-hauler also includes a landscaper, or a person who back-hauls waste. Back-haul means generating and transporting recyclable materials or organic waste to a destination owned and operated by the generator or responsible party using the generator's or responsible party's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

Solid waste orwaste means all putrescible and nonputrescible 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 semisolid wastes, and other discarded solid and semisolid wastes. The term "solid waste" does not include any of the following wastes:

(1) Hazardous waste, as defined in Public Resources Code § 40141.

(2) Radioactive waste regulated pursuant to the Radiation Control Law (Health and Safety Code § 114960 et seq.).

(3) Medical waste regulated pursuant to the Medical Waste Management Act (Health and Safety Code § 117600 et seq.). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Public Resources Code § 40195.1. Medical waste that has been treated and deemed to be solid waste shall be subject to this chapter.

Source separated or source-separated (materials) means materials, including commingled recyclable materials and organic 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, responsible party, or responsible party's employee, into different containers for the purpose of collection such that source-separated materials are separated from solid waste for the purposes of collection and processing.

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

(1) Supermarket means a full-line, self-service retail store with gross annual sales of $2,000,000.00, 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).

(2) Grocery store with a total facility size equal to or greater than 10,000 square feet. 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).

(3) 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, or as otherwise defined in 14 CCR Section 18982(a)(27).

(4) Food distributor means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

(5) 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).

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

(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. 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).

(2) Hotel with an on-site food facility and 200 or more rooms.

(3) Health facility with an on-site food facility and 100 or more beds.

(4) Large venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance 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 ordinance 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 ordinance.

(5) 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 2,000 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 ordinance.

(6) A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

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

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 ordinance.

Yard waste means types of organic waste resulting from normal yard and landscaping installation, maintenance, or removal.

(Code 1980, § 13-1.2; Ord. No. 11-04, § 6; Ord. No. 22-01, § 3, 3-2-2022)

(a) No person shall cause discarded materials (except yard waste that is being actively composted) to be accumulated upon public or private property. Solid waste originating from premises shall be removed at least once every two weeks. It is unlawful for the person having control of the premises to fail or neglect to provide for the removal of solid waste, recyclable materials, or organic materials.

(b) Persons placing discarded materials in public or private containers shall prevent the discarded materials from being carried or deposited by the elements upon a public place. No person shall place discarded materials into private containers owned by another person unless the owner of the containers has given prior permission.

(c) The unlawful deposit or accumulation of discarded materials is a public nuisance, and the person owning, leasing, occupying or having charge or possession of a premises violating this section shall be subject to the provisions of chapter 11.

(d) Only recyclable materials shall be deposited in marked recycling containers. Recyclable materials shall not be deposited in containers marked to receive solid waste or organic materials. Organic materials, including food waste, shall not be deposited in containers marked to receive solid waste or recyclable materials.

(Code 1980, § 13-1.3; Ord. No. 11-04, § 6; Ord. No. 22-01, § 3, 3-2-2022)

(a) Mandatory subscription.

(1) Every responsible party in possession, charge, or control of a single family or multifamily residential establishment, church, business, commercial, or industrial establishment shall subscribe for and pay the franchisee for solid waste, recyclable materials and organic materials collection and disposal at such rates as may be set by the franchisee and approved by resolution of the city council.

(2) Nothing in this section prohibits a responsible party or generator of a single-family premises from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(3) On the specified collection days, the containers for each person who receives discarded materials collection services shall be readily accessible for removal and emptying of the material contained therein as specified by the franchisee and in compliance with this Code. Such containers shall be filled no more than level full and shall have the lids of such portable receptacles kept closed or shall be kept covered if a lid is not available, except when depositing waste, to prevent the loss of any waste material. Receptacles shall be readily accessible for collection.

(4) The franchisee shall remove from the premises all discarded materials which has been properly placed for collection. Any removal of discarded materials by the franchisee shall be performed in a neat, orderly, and quiet fashion, and the premises shall be left in a clean and orderly condition.

(5) The franchisee shall collect discarded materials from commercial and residential premises at least once every 14 days, or as otherwise determine by the franchise agreement or city issued waiver.

(b) Multi-family. Responsible parties of multi-family premises shall:

(1) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with city's recyclable materials, organic materials, and solid waste collection service.

(2) Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste.

(3) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep organic materials and recyclable materials separate from each other and from solid waste and the location of containers and the rules governing their use at each property.

(4) Provide or arrange access for city or its designee to their properties during all inspections conducted in accordance with this ordinance to confirm compliance with the requirements of this ordinance.

(5) If the responsible party of a multi-family premises wants to self-haul, it must meet the self-hauler requirements in section 13-29 of this article.

(6) Multi-family premises that generate two cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the state) that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a multi-family premises and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this chapter.

(7) Nothing in this section prohibits a responsible party or generator of a multi-family premises from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(c) Commercial.

(1) The franchisee shall collect discarded materials from commercial premises on such days and at such frequencies as the generator or owner (or the owner's designee) and franchisee shall mutually determine, but collection shall be performed to meet the minimum frequency prescribed in this section.

(2) Owners of commercial premises shall comply with mandatory waste separation requirements, by separating solid waste, recyclable materials, and organic materials.

(3) Responsible parties of commercial premises shall supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with this section) for employees, contractors, tenants, and customers, consistent with franchisee's discarded materials collection service or, if self-hauling, consistent with the commercial premises' approach to complying with self-hauler requirements in section 13-29 of this article.

(4) Containers shall be provided for the collection of source separated recyclable materials and source separated organic materials in all indoor and outdoor areas where solid waste containers are provided for customers, for materials generated by that commercial business. Such containers shall be visible and easily accessible. 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 responsible party of the commercial business does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the responsible party of the commercial business shall have either:

a. A body or lid that conforms with the container colors provided through the collection service provided by the franchise hauler, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. The responsible party of the 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.

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

(5) 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 recyclable materials container, organic materials container, and solid waste collection service or, if self-hauling, per the instructions of the commercial business' responsible party to support its compliance with self-hauler requirements in section 13-29 of this article.

(6) Periodically inspect discarded materials containers for contamination and inform employees if containers are contaminated and of the requirements to keep prohibited container contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

(7) Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste.

(8) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep source separated organic materials and source separated recyclable materials separate from each other and from other solid waste and the location of containers and the rules governing their use at each property.

(9) Provide or arrange access for city or its designee to their properties during all inspections conducted in accordance with this ordinance to confirm compliance with the requirements of this Code.

(10) If the responsible party of a commercial business wants to self-haul, it must meet the self-hauler requirements in section 13-29 of this chapter.

(11) Nothing in this section prohibits a responsible party or a generator of a commercial business from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(12) Responsible parties of commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to section 13-30 of this chapter.

(Code 1980, § 13-2; Ord. No. 11-04, § 6; Ord. No. 22-01, § 3, 3-2-2022)

(a) No person shall burn waste. See section 6-3.

(b) No person shall bury waste (except yard waste being actively composted).

(c) No person shall keep, accumulate or permit to be accumulated waste (except yard waste being actively composted), on any public or private place unless in a receptacle. Such receptacles must include close-fitting lids or covers which shall be kept closed at all times, except when necessarily opened to permit waste to be taken there from or deposited therein.

(Code 1980, § 13-3; Ord. No. 11-04, § 6)

(a) Household hazardous waste may only be disposed at a licensed and permitted household hazardous waste collection facility.

(b) No household hazardous waste shall be included in or combined with solid waste that is submitted for collection by the city's franchise trash hauler.

(Code 1980, § 13-4.1; Ord. No. 11-04, § 6; Ord. No. 22-01, § 3, 3-2-2022)

Waste shall be carried on city streets by all persons in a manner that prevents dust, debris or other materials from falling upon the streets and adjacent lands.

(Code 1980, § 13-5.1; Ord. No. 11-04, § 6)

Every truck, vehicle or trailer used for collection of solid waste, recyclable materials and/or yard waste shall be kept well painted and clean inside and out.

(Code 1980, § 13-5.2; Ord. No. 11-04, § 6)

Nothing in this article shall be deemed to interfere with the removal and hauling of materials determined by the city to require immediate removal so as to preserve public health.

(Code 1980, § 13-5.3; Ord. No. 11-04, § 6)

(a) De minimis waivers for commercial and multi-family premises. The city may waive a responsible party's obligation to comply with some or all recyclable materials and organic waste requirements of this ordinance if the responsible party of the commercial business provides documentation that the commercial business meets one of the criteria in subsections (1) and (2) below. For the purposes of subsections (1) and (2), the total solid waste shall be the sum of weekly container capacity measured in cubic yards for solid waste, recyclable materials, and organic materials collection service.

(1) The commercial business' total solid waste collection service is two cubic yards or more per week and recyclable materials and organic materials subject to collection in recyclable materials container(s) or organic materials container(s) comprises less than 20 gallons per week per applicable material stream of the commercial business' total waste (i.e. recyclable materials in the recyclable materials stream are less than 20 gallons per week or organic materials in the organic materials stream are less than 20 gallons per week); or

(2) The commercial business' total solid waste collection service is less than two cubic yards per week and recyclable materials and organic materials subject to collection in a recyclable materials container(s) or organic materials container(s) comprises less than ten gallons per week per applicable material stream of the commercial business' total waste (i.e. recyclable materials in the recyclable materials stream are less than ten gallons per week or organic materials in the organic materials stream are less than ten gallons per week).

(b) Physical space waivers, the city may waive a commercial business' or multi-family premises' obligation 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, the Franchisee, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for recyclable materials containers and/or organic materials containers required for compliance with the recyclable materials and organic materials collection requirements of this code as applicable. The waiver shall be granted to premises that meet the city's trash enclosure specifications, as stated at the time the enclosure was built or updated, as outlined in chapter 106, article XI of this Code.

(Ord. No. 22-01, § 3, 3-2-2022)

(a) Every self-hauler shall source separate its recyclable materials and organic materials (materials that city otherwise requires generators or responsible parties to separate for collection in the city's recyclable materials and organic materials collection program) generated on-site from solid waste in a manner consistent with 14 CCR Section 18984.1 and the city's collection program. Self-haulers shall deliver their materials to facilities described in subsection (b) below.

(b) Self-haulers that source separate their recyclable materials and organic materials shall haul their source separated recyclable materials to a facility that recovers those materials; haul their source separated organic waste to a facility, operation, activity, or property that processes or recovers source separated organic waste; haul their solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste; and, transport manure to a facility that manages manure in conformance with 14 CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC).

(c) Self-haulers that are responsible parties of commercial businesses or multi-family premises shall keep records of the amount of recyclable materials, organic waste, and solid waste delivered to each facility, operation, activity, or property that processes or recovers recyclable materials and organic waste and processes or disposes of solid waste or shall keep records of solid waste delivered to high diversion organic waste processing facilities. These records shall be subject to inspection by the city or its designee. The records shall include the following information:

(1) Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic materials, and solid waste.

(2) The amount of material in cubic yards or tons transported by the generator or responsible party 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 recyclable materials, organic materials, and solid waste.

(d) A single-family generator or single-family responsible party that self-hauls recyclable materials, organic waste, or solid waste is not required to record or report information in subsection (c) above. A single-family generator who self-hauls is not exempt from complying with mandatory subscription described in section 13-22.

(Ord. No. 22-01, § 3, 3-2-2022)

(a) 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, 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) Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

(4) 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.

(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) Maintain records required by this section for five years.

(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 Education Code § 49580 et seq., and to amend Health and Safety Code § 114079, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 22-01, § 3, 3-2-2022)

(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) Maintain records required by this section for five years.

(d) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b). The annual report shall be submitted to the city no later than February 15 of the following year.

(e) In order to support edible food recovery capacity planning assessments or other studies conducted by the county and/or 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.

(f) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators should include language in all agreements with tier one and tier two edible food generators located in the city identifying and describing the California Good Samaritan Act of 2017.

(Ord. No. 22-01, § 3, 3-2-2022)

(a) City representatives and/or its designated entity, including designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this ordinance by generators, responsible parties of commercial businesses, responsible parties of multi-family premises, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city to enter the interior of a private residential dwelling for inspection.

(b) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential dwelling interiors) and shall cooperate with the city's representative or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this article. Failure of a responsible party to provide or arrange for:

(1) Access to an entity's premises; or

(2) Access to records for any inspection or investigation is a violation of this article and may result in penalties described in section 13-33.

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

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

(e) City shall accept written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.

(Ord. No. 22-01, § 3, 3-2-2022)

(a) Violation. Violation of any provision of this chapter 13 shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official or representative. Enforcement actions under this ordinance are issuance of a citation and assessment of a fine at the discretion of the city. The city's procedures on imposition of violations and penalties are described in chapter 1, article 3.

(b) Process for enforcement.

(1) Enforcement officers and/or their designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 13-32 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 shall issue a notice of violation requiring compliance within a maximum of 60 days of issuance of the notice.

(c) Education period for non-compliance. Beginning January 1, 2022 and through December 31, 2023, city will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if city determines that generator, responsible party, 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 city determines that a generator, responsible party, 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 take enforcement action pursuant to this section, as needed.

(Ord. No. 22-01, § 3, 3-2-2022)