Chapter 50 — GARBAGE

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BLACK CONTAINER. Any bin, can, receptacle, or any other type of receptacle or depository designated by the city or a city-designated waste removal company for the deposit, storage, and collection of solid waste not designated or collection in the green container. A container may also be described as an automatic lift container cart, drop box, rolloff, compactor container, standard automated container, drop box container or detachable container or bin. CALRECYCLE. California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on jurisdictions (and others). CALIFORNIA CODE OF REGULATIONS or CCR. The State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

CITY. The City of Riverbank, California, or the area within the territorial limits of the City of Riverbank, California, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

CITY ENFORCEMENT OFFICIAL. The City Manager, or his or her designee. The City Manager, or his or her designee, shall administer, implement and enforce the provisions of this chapter.

CITY MANAGER. City Manager of the City of Riverbank, or his or her designee, which may include city employees.

COLLECTION. To take physical possession of solid waste at, and remove from, the place of generation for transport to a solid waste facility or other recovery activity.

COLLECTOR. A refuse collector who has entered into a contract with the city, or who has received a franchise from the city, to collect solid waste within the city.

COMMERCIAL BUSINESS or COMMERCIAL. A firm, partnership, proprietorship, joint-stock company,

corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling, or as otherwise defined in 14 CCR § 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a COMMERCIAL BUSINESS for purposes of implementing this chapter.

COMMERCIAL EDIBLE FOOD GENERATOR. A tier one or a tier two commercial edible food generator as defined in 14 CCR § 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 § 18982(a)(7). COMPLIANCE REVIEW. A review of records by the City of Riverbank to determine compliance with this chapter. COMMUNITY COMPOSTING. 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 § 17855(a)(4); or as otherwise defined by 14 CCR § 18982(a)(8).

COMPOST. Has the same meaning as in 14 CCR § 17896.2(a)(4), which stated, as of the effective date of this chapter, that COMPOST means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. COMPOSTABLE PLASTICS or COMPOSTABLE PLASTIC. Plastic materials that meet the ASTM D6400 standard for composability, or as otherwise described in 14 CCR § 18984.2(a)(1)(C).

CONTAINER CONTAMINATION or CONTAMINATED CONTAINER. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR § 18982(a)(55).

CONSTRUCTION AND DEMOLITION DEBRIS or C&D. Used or discarded materials resulting from construction, renovation, remodeling, repair, demolition, excavation or construction clean-up operations on any pavement or structure.

CONTAINER or COLLECTION CONTAINER. Any bin, box or cart used for the purpose of holding solid waste for collection.

CONTAINERIZED SERVICE. Service approved by the City Manager, wherein the city or the collector provides a vehicle equipped for mechanical handling of one or two cubic yard containers with casters; such containers shall be furnished by the customer and shall be of a type approved by the City Manager, or rented from the city or the collector.

DESIGNATED SOURCE SEPARATED ORGANIC WASTE FACILITY. As defined in 14 CCR § 18982(a)(14.5), which means a solid waste facility that accepts a source separated organic waste collection stream as defined in 14 CCR § 17402(a)(26.6) and complies with one of the following:

(1) (a) The facility is a "transfer/processor", as defined in 14 CCR § 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR § 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of 50% between January 1, 2022 and December 31, 2024 and 75% on and after January 1, 2025 as calculated pursuant to 14 CCR § 18815.5(f) for organic waste received from the source separated organic waste collection stream.

815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR § 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of 50% between January 1, 2022 and December 31, 2024 and 75% on and after January 1, 2025 as calculated pursuant to 14 CCR § 18815.5(f) for organic waste received from the source separated organic waste collection stream.

(b) If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required in division (1)(a) for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a DESIGNATED SOURCE SEPARATED ORGANIC WASTE FACILITY .

(2) (a) The facility is a "composting operation" or "composting facility", as defined in 14 CCR § 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR § 18815.7 demonstrates that the percent of the material removed for landfill disposal that is organic waste is less than the percent specified in 14 CCR §§ 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR § 17896.5.

(b) If the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR §§ 17409.5.8(c)(2) or 17409.5.8(c)(3), for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a DESIGNATED SOURCE SEPARATED ORGANIC WASTE FACILITY . For the purposes of this chapter, the reporting periods shall be consistent with those defined in 14 CCR § 18815.2(a)(49).

DESIGNEE. An entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this chapter as authorized in 14 CCR § 18981.2. A DESIGNEE may be a government entity, a hauler, a private entity, or a combination of those entities.

EDIBLE FOOD. Food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR § 18982(a)(18), EDIBLE FOOD is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR Division 7, Chapter 12 requires or authorizes the recovery of EDIBLE FOOD that does not meet the food safety requirements of the Cal. Retail Food Code.

ENFORCEMENT ACTION. An action of the city to address noncompliance with this chapter, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

EXCLUDED WASTE. Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or

upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the city's or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city or its designee to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Cal. Pub. Res. Code §§ 41500 and 41802. EXCLUDED WASTE does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the city's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the city or its designee for collection services.

FOOD. Has the same meaning as in Cal. Health and Safety Code § 113781.

FOOD DISTRIBUTOR. A company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR § 18982(a)(22).

FOOD FACILITY. The same meaning as in Cal. Health and Safety Code § 113789.

FOOD RECOVERY. Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24).

FOOD RECOVERY ORGANIZATION.

(1) 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 § 18982(a)(25), including, but not limited to:

(a) A food bank as defined in Cal. Health and Safety Code § 113783;

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

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

(2) A FOOD RECOVERY ORGANIZATION is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR Division 7, Chapter 12 pursuant to 14 CCR § 18982(a)(7).

(3) If the definition in 14 CCR § 18982(a)(25) for FOOD RECOVERY ORGANIZATION differs from this definition, the definition in 14 CCR § 18982(a)(25) shall apply to this chapter.

FOOD RECOVERY SERVICE. 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 § 18982(a)(26). A FOOD RECOVERY SERVICE is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR Division 7, Chapter 12 pursuant to 14 CCR § 18982(a)(7).

FOOD SCRAPS. 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 SCRAPS does not include excluded waste. FOOD SERVICE PROVIDER. 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 § 18982(a)(27).

FOOD-SOILED PAPER. Compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. FOOD WASTE. Food scraps, food-soiled paper, and compostable plastics.

GREEN CONTAINER. Has the same meaning as in 14 CCR § 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated organic waste.

GROCERY STORE. 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 § 18982(a)(30).

HAULER. A person who collects material from a generator and delivers it to a reporting entity, end user, or a destination outside of the state. HAULER includes "contractor". A person who transports material from reporting entity to another person is a transporter, not a HAULER .

HAULER ROUTE. The designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR § 18982(a)(31.5).

HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY. A facility that is in compliance with the reporting requirements of 14 CCR § 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022 and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to 14 CCR § 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR § 17402(a)(11.5); or as otherwise defined in 14 CCR § 18982(a)(33).

of 14 CCR § 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022 and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to 14 CCR § 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR § 17402(a)(11.5); or as otherwise defined in 14 CCR § 18982(a)(33).

INSPECTION. A site visit where the city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR § 18982(a)(35).

LARGE EVENT. 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 § 18982(a)(38) differs from this definition, the definition in 14 CCR § 18982(a)(38) shall apply to this chapter.

LARGE VENUE. 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 chapter and implementation of 14 CCR Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR Division 7, Chapter 12, a site under common ownership or control that includes more than one LARGE VENUE that is contiguous with other LARGE VENUES in the site, is a single LARGE VENUE . If the definition in 14 CCR § 18982(a)(39) differs from this definition, the definition in 14 CCR § 18982(a)(39) shall apply to this chapter.

LOCAL EDUCATION AGENCY. 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 § 18982(a)(40). MULTI-FAMILY RESIDENTIAL DWELLING or MULTI-FAMILY. Of, from, or pertaining to residential premises with five or more dwelling units. MULTI-FAMILY premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

MWELO. The Model Water Efficient Landscape Ordinance (MWELO), 23 CCR Division 2, Chapter 2.7. NON-COMPOSTABLE PAPER. Includes, but is not limited to, paper that is coated in a plastic and/or metallic material that will not break down in the composting process, or as otherwise defined in 14 CCR § 18982(a)(41).

NON-LOCAL ENTITY. Entities that are not subject to the city's enforcement authority, or as otherwise defined in 14 CCR § 18982(a)(42), including:

(1) Special district(s) located within the boundaries of the city, including Riverbank Unified School District, state agencies located within the boundaries of the city, including Caltrans, Cal Fire or Stanislaus County facilities.

NON-ORGANIC RECYCLABLES. Non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR § 18982(a)(43). NOTICE OF VIOLATION (NOV). A notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR § 18982(a)(45) or further explained in 14 CCR § 18995.4.

ORGANIC WASTE. 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 § 18982(a)(46). Biosolids and digestate are as defined by 14 CCR § 18982(a).

ORGANIC WASTE GENERATOR. A person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR § 18982(a)(48).

PAPER PRODUCTS. Include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR § 18982(a)(51). PERSON. Any person or persons, firm, association, corporation or other entity acting as principal, agent or officer, servant or employee, for themselves or for any other person, firm or corporation.

PREMISES. Includes a tract or parcel of land with or without habitable buildings or appurtenant structures. For purposes of this chapter, PREMISES includes residential and commercial uses of the land, whether owned, leased, rented or subrented, including every dwelling house, dwelling unit, apartment house or multiple-dwelling building, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, office building, department store, manufacturing, processing or assembling shop or plant, warehouse and every other place or premises where any person resides, or any business is carried on or conducted within the city.

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 § 18982(a)(54).

PROHIBITED CONTAINER CONTAMINANTS.

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

(2) Discarded materials placed in the black container that are acceptable source separated green container organic waste for the city's green container;

(3) Excluded waste placed in any container.

RECOVERED ORGANIC WASTE PRODUCTS. Products made from California, landfill-diverted recovered

organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR § 18982(a) (60).

RECOVERY. Any activity or process described in 14 CCR § 18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49).

RECYCLED-CONTENT PAPER. Paper products and printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR § 18982(a)(61).

REGIONAL AGENCY. Regional agency as defined in Cal. Pub. Res. Code § 40181.

REMOTE MONITORING. The use of the internet of things and/or wireless electronic devices to visualize the contents of containers, for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container.

RESIDENTIAL. For the purposes of this chapter, any premises consisting of between one and four dwelling units, and on-site domestic uses accessory to these dwelling units. A multi-family dwelling that consists of fewer than five

dwelling units is RESIDENTIAL , for the purposes of this chapter.

RESTAURANT. 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 § 18982(a)(64).

ROUTE REVIEW. A visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR § 18982(a)(65).

SB 1383. Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Cal. Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Cal. Pub. Res. 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. For the purposes of this chapter, the regulations developed by CalRecycle to implement SB 1383.

SELF-HAULER. A person who hauls solid waste, organic waste or recyclable material he or she has generated to another person. SELF-HAULER also includes a person who back-hauls waste, or as otherwise defined in 14 CCR § 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR § 18982(a)(66)(A). SINGLE-FAMILY. Of, from, or pertaining to any residential premises with fewer than five units.

es a person who back-hauls waste, or as otherwise defined in 14 CCR § 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR § 18982(a)(66)(A). SINGLE-FAMILY. Of, from, or pertaining to any residential premises with fewer than five units.

SOLID WASTE. Has the same meaning as defined in Cal. Pub. Res. Code § 40191, which defines SOLID WASTE as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that SOLID WASTE does not include any of the following wastes:

(1) Hazardous waste, as defined in the Cal. Pub. Res. Code § 40141;

(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with § 114960) of Part 9 of Division 104 of the Cal. Health and Safety Code);

(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with § 117600) of Division 104 of the Cal. Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Cal. Pub. Res. Code § 40195.1. Medical waste that has been treated and deemed to be SOLID WASTE shall be regulated pursuant to Division 30 of the Cal. Pub. Res. Code.

SOLID WASTE COLLECTION SERVICE OF THE CITY. Solid waste collection service provided by the city or such service provided by a collector who has entered into a contract with the city, or who holds a franchise from the city, to collect solid waste within the city, depending on whether the city is providing such service with city personnel or by contract or franchise with a private collector.

SOURCE SEPARATED. Materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR § 17402.5(b)(4). For the purposes of the chapter, SOURCE SEPARATED shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that SOURCE SEPARATED materials are separated from black container waste or other solid waste for the purposes of collection and processing.

SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE. Source separated organic waste that can be

placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding pet waste, carpets, non-compostable paper, and textiles.

SOURCE SEPARATED RECYCLABLE MATERIALS. Source separated non- organic recyclables.

STATE. The State of California.

SUPERMARKET. A full-line, self-service retail store with gross annual sales of $2,000,000 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 § 18982(a)(71).

TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR.

• (1) A commercial edible food generator that is one of the following as defined in 14 CCR § 18982(a)(73):

• (a) Supermarket;

• (b) Grocery store with a total facility size equal to or greater than 10,000 square feet;

• (c) Food service provider;

• (d) Food distributor;

• (e) Wholesale food vendor.

• (2) If the definition in 14 CCR § 18982(a)(73) of TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR

differs from this definition, the definition in 14 CCR § 18982(a)(73) shall apply to this chapter.

TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR.

• (1) A commercial edible food generator that is one of the following as defined in 14 CCR § 18982(a):

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

• (b) Hotel with an on-site food facility and 200 or more rooms;

• (c) Health facility with an on-site food facility and 100 or more beds;

• (d) Large venue;

• (e) Large event;

(f) 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;

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

(2) If the definition in 14 CCR § 18982(a)(74) of TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR differs from this definition, the definition in 14 CCR § 18982(a)(74) shall apply to this chapter.

WHOLESALE FOOD VENDOR. 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 § 189852(a)(76).

(`67 Code, § 4-3-1) (Ord. 71-4, passed 6-28-71; Ord. 75-04, passed 6-2-75; Am. Ord. 2022-001, passed 4-12-22)

(A) All dwellings, apartment houses and places of business in which refuse accumulates within the city shall be required to use solid waste collection service of the city and to pay the charges therefor. It shall be unlawful for any person, firm or corporation, except as provided in this chapter, to collect or gather solid waste within the city.

(B) The City Council may contract for the collection or disposal, or both, of solid waste under such terms and conditions as the City Council may prescribe by resolution or ordinance, as provided in Cal. Pub. Res. Code § 49300. The contract may be "exclusive or nonexclusive". The collector shall comply with the terms and conditions of the city code as well as such other terms and conditions as may be prescribed by resolution. (`67 Code, § 4-3-2)

(C) In the event that trash, garden waste, lawn and tree trimmings, and the like, are piled adjacent to an alley or city street without the benefit of a suitable container, the property owner or responsible tenant shall, upon written notification by the city, promptly deposit the litter in adequate containers for refuse pick-up. Failure to respond after ten days to a written request made by the city shall serve as authorization to the city to remove the litter and subject the property owner or responsible tenant to the charges specified in the nonconforming refuse collection fees.

(D) 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 § 18984.9(c). (`67 Code, § 4-3-15)

(Ord. 71-16, passed 11-22-71; Ord. 75-04, passed 6-2-75; Am. Ord. 2022- 001, passed 4-12-22)

It shall be unlawful for any occupant or owner of any building, lot or premises in the city to allow or permit to collect or remain upon such premises any solid waste in such manner or quantity as is a fire menace or a health hazard to the people of the city.

(`67 Code, § 4-3-3) (Am. Ord. 2022-001, passed 4-12-22)

(A) Public places. It shall be unlawful for any person to cause, allow, aid, suffer or maintain any open burning of any kind upon any public place, street or alley within the city at any time.

(B) Private premises. It shall be unlawful for any person to cause, allow, suffer or maintain any open burning of any kind or the burning of any solid waste in any incinerator, barrel, can, pit, outdoor fireplace or similar container or enclosure upon any private premises within the city.

(C) Nonapplicability. The provisions of this section shall not apply to the following:

(1) An indoor or outdoor barbecue or similar heating or cooking device while being used for the heating or cooking of food for human consumption, or for recreational purposes, and not being used primarily for the burning of waste materials or solid waste;

(2) Comfort heating by use of a fireplace inside a residence, which fireplace is not being used primarily for the burning of waste materials or solid waste;

(3) An approved type incinerator or furnace used by a hospital or similar establishment for the incineration of body parts, bandages or related solid waste;

(4) Controlled fires for the purpose of training firefighters;

(5) A fire set or permission given by an official of the fire district personnel for the purpose of prevention of a fire or health hazard or the disposal of waste materials which cannot be abated or disposed of by other reasonable means;

or

(6) Fires used as safety flares for the combustion of waste gases.

(`67 Code, § 4-3-4) (Ord. 71-4, passed 6-28-71; Am. Ord. 2022-001, passed 4-12-22)

(A) It shall be unlawful for any person to burn, bury or dump, or permit to be burned, buried or dumped, any solid waste in any place within the city.

(`67 Code, § 4-3-5)

(B) It is hereby declared to be a nuisance and it shall be unlawful to deposit or allow to remain on any premises, vacant lot, street, alley, or in any excavation, any offal, garbage, dead animals, or any putrid, decaying, or offensive

animal or vegetable matter. (`67 Code, § 4-1-8)

(C) It is hereby declared to be a nuisance and it shall be unlawful to deposit or allow to remain in any street, alley, public park or other publicly-owned property, any of the following: scrap building materials, discarded boxes, cartons, earth, concrete, bricks, waste construction materials, tin or metal cans, bottles, glass, rags, paper, lawn trimmings or clippings, garden trimmings, garden refuse, small tree or shrub prunings, any waste materials resulting from gardening, and any and all household items which have been discarded or are no longer desired by the owner thereof. (`67 Code, § 4-1-21)

(Ord. 84-09, passed 7-23-84; Am. Ord. 2022-001, passed 4-12-22) Penalty, see § 10.99

(A) Containers.

(1) Prior to collection, all solid waste shall be stored in approved automated collection containers provided by the city's collector, unless an alternative is approved pursuant to § 50.07.

(2) The city's collector will not remove or cause to be removed from the premises any refuse which is not so contained, except as otherwise provided in this section.

(B) Single-family organic waste generators shall subscribe to city's organic waste collection services for all organic waste generated. The city shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust their service level for their collection services as requested by the city. 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 § 18984.9(c).

(C) Single-family organic waste generators shall participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.

(1) A two-container collection service (green container and black container).

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

(`67 Code, § 4-3-6)

(D) Frequency of collection. The city's collector shall collect solid waste a minimum of once each week from all dwelling units in the city. The city's collector shall collect recyclables in the city once every week based on a scheduling calendar approved by the City Manager and provided to city residents each year by the city's collector.

(E) Types of residential service.

(1) Curb service. All curb and alley service customers shall place the refuse container at the curb in the street or in the alley not later than 6:00 a.m. on the day of collection and shall remove the refuse containers from the curb or alley on the same day as collection.

(2) Alley service. Where alley service is provided, containers must be placed upon the customer's premises, immediately adjacent to and accessible from the alley without the necessity of entering the premises. Containers shall be placed to provide the necessary clearance from obstructions on either side of the container as well as overhead clearance needed for the collection vehicle to empty the contents of the container without causing damage to public or private property.

(3) Walk-in service. Walk-in service is available to those customers who have applied to and have been approved by the City Manager. This service shall be limited to only those dwellings where there is no able-bodied resident

capable of placing the container in the approved location. If approved by the City Manager, there shall be no additional charge for this service.

(4) Containerized service. Containerized service may be used for apartments, multiple-family dwellings, singlefamily dwellings, and for places of business.

(`67 Code, § 4-3-7)

(Ord. 71-4, passed 6-28-71; Ord. 71-16, passed 11-22-71; Am. Ord. 2003- 005, passed 5-27-03; Am. Ord. 2022-001, passed 4-12-22)

Commercial businesses, which include multi-family residential dwellings, shall comply with the following: (A) Containers. Prior to collection, all solid waste shall be stored in approved locked, front-loaded bins provided by the city's collector, unless an alternative is approved pursuant to this section.

(B) Except commercial businesses that meet the self-hauler requirements in § 50.12, be automatically enrolled in the city's two-container organic waste collection. As approved by the City Manager, or his or her designee, the city shall have the authority to change the minimum required service levels over time. The commercial business' organic waste service level must be sufficient for the amount of source separated green container organic waste generated by the commercial business. The city shall have the right to review the number, size, and location 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 business shall adjust its service level for its collection services as requested by the city.

(C) Except commercial businesses that meet the self-hauler requirements in § 50.12, participate in and comply with the city's two-container (green container and black container) collection service by placing designated materials in designated containers. Generator shall place source separated green container organic waste, including food waste, in the green container; and black container waste in the black container. Generators shall not place materials designated for the black container into the green container.

(D) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with divisions (E)(1) and (2) below), for employees, contractors, tenants and customers, consistent with city's green container and black container collection service.

(E) Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste, and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR § 18984.9(b), the containers provided by the business shall have either:

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 § 18984.9(b), the containers provided by the business shall have either:

(1) A body or lid that conforms with the container colors provided through the collection service provided by the city with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

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

(F) Excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's organic waste, and non-organic waste collection service to the extent practical through education, training, inspection, and/or other measures.

(G) Excluding multi-family residential dwellings, periodically inspect green container and black containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR § 18984.9(b)(3).

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

(I) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste separate from black container Waste (when applicable) and the location of containers and the rules governing their use at each property.

(J) Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with § 50.19 to confirm compliance with the requirements of this chapter.

(K) At commercial business' option and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its green containers and black containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the green containers and black containers subject to written notification to or approval by the city or its designee.

(L) If a commercial business wants to self-haul, meet the self-hauler requirements in § 50.12 of this chapter.

(M) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to § 50.09.

(N) Frequency of collection. Collection of refuse shall be made at least once a week from all businesses in the city, but as many times per week as the City Manager may order, from all businesses which generate garbage as defined in this chapter.

(`67 Code, § 4-3-8) (Ord. 71-16, passed 11-22-71; Am. Ord. 2006-012, passed 10-23-06; Am. Ord. 2022-001, passed 4-12-22)

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

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

(2) Provide documentation that either:

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

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

(3) Notify the city within 30 days if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

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

(B) Physical space waivers. The city may waive a commercial business' or property owner's obligations (including multi-family residential dwellings) to comply with some or all of 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 §§ 50.06 and 50.07. A commercial business or property owner may request a physical space waiver through the following process:

(1) Submit an application 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 green containers including documentation from its hauler, licensed architect, licensed engineer or by verification after a site visit from a city enforcement official.

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

(Ord. 2022-001, passed 4-12-22)

(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 § 18991.3.

(B) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

• (C) Commercial edible food generators shall comply with the following requirements:

• (1) Arrange to recover the maximum amount of edible food that would otherwise be disposed;

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

(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service;

(4) Allow the city's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR § 18991.4;

(5) Keep records that include the following information, or as otherwise specified in 14 CCR § 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 § 18991.3(b);

(b) A copy of all contracts or written agreements established under 14 CCR § 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 April of each year commencing no later than April 2023 for tier one commercial edible food generators and April 2025 for tier two commercial edible food generators provide an annual food recovery report to the city that includes the information from division (5) above.

(C) 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 Cal. Education Code, and to amend Section 114079 of the Cal. Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. 2022-001, passed 4-12-22)

(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 § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 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 § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 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 shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR § 18991.3(b).

(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 § 18991.3(b) shall report to the city 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 § 18991.3(b) no later than April of each year.

(E) Food recovery capacity planning.

(1) Food recovery services and food recovery organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the

city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city.

(Ord. 2022-001, passed 4-12-22)

(A) Requirements for haulers.

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

(a) Through written notice to the city annually on or before April 1, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, and source separated green container organic waste.

(b) Transport source separated recyclable materials, and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR Division 7, Chapter 12, Article 2.

(c) Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR § 18989.1, and the Riverbank Municipal Code.

(2) Exclusive franchise hauler, non-exclusive franchised haulers, permitted haulers, and licensed haulers

authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with the city.

(B) Requirements for facility operators and community composting operations.

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

(2) Community composting operators, upon the city's request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days. (Ord. 2022-001, passed 4-12-22)

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

(B) Self-haulers shall 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's enforcement official. 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 selfhauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

(D) A residential organic waste generator that self-hauls organic waste is not required to record or report information in division (C) above.

(Ord. 2022-001, passed 4-12-22)

It shall be unlawful for anyone other than the authorized refuse collector to remove any recyclable material placed in a container provided and maintained by the authorized solid waste collector.

(Ord. 95-12, passed 11-13-95; Am. Ord. 2022-001, passed 4-12-22) Penalty, see § 10.99

(A) The city may, by written notice to the franchised solid waste collector, designate the location, including wasteto-energy facilities, where solid waste from the city shall be delivered for disposal.

(B) The franchised solid waste collector shall furnish and maintain all containers at his or her sole cost and expense. All bins one yard and greater in size located within the public right-of-way shall have reflective tape a minimum of 24 square inches in area placed on the corners of the bin and three feet from the bottom of the bin. (`67 Code, § 4-3-10) (Ord. 86-17, passed 6-23-86; Am. Ord. 2003-002, passed 2-24-03; Am. Ord. 2022-001, passed 4- 12-22)

(A) Rates established. Rates, fees, and charges for automatic garbage and refuse collection services specified in this chapter are established by resolution, which may be amended from time to time, and shall be charged for those services.

(B) Billing. All garbage, refuse, and recycling fees shall be billed on a bimonthly basis. The bimonthly bill shall reflect double the monthly rate for garbage, refuse, and recycling services.

(C) Increase or decrease in rates. The rates for garbage collection set forth herein shall be increased or decreased by resolution of the City Council.

(`67 Code, § 4-3-10) (Ord. 91-05, passed 4-22-91; Am. Ord. 2001-08, passed 10-8-01; Am. Ord. 2003-006, passed 6- 9-03; Am. Ord. 2005-015, passed 10-24-05; Am. Ord. 2005-017, passed 11-14-05; Am. Ord. 2006-012, passed 10-2306; Am. Ord. 2014-007, passed 9-23-14; Am. Ord. 2022-001, passed 4-12-22; Am. Ord. 2022-005, passed 9-27-22)

(A) Applicants for utility services are required to establish credit before receiving such service. Credit shall be deemed established if the applicant meets one of the following options:

(1) Makes a cash deposit of $40 as a guarantee for the payment of future bills.

(2) Has been a customer of city utility services for 12 consecutive months within the last 18 months, and during such time has paid all bills without any delinquency.

(3) Provide the city with a letter of credit reference from another utility company showing an on-time payment record for the period of at least the 12 consecutive months directly prior to the date of the requested service.

(B) If a consumer fails to pay a bill for garbage and refuse collection services, the city may apply the deposit insofar as necessary to liquidate the account and may require that the deposit be restored to an amount twice the original deposit amount.

(C) After a cash deposit to guarantee payment for garbage and refuse service has stood unimpaired for 12 months, such deposit shall be applied to the depositor's current account balance. Upon closing any account, the balance of any deposit remaining, after the closing bill for service has been paid, shall be returned promptly to the depositor. (Ord. 2022-005, passed 9-27-22)

The following provisions shall be applicable to and determine the method of collection of such solid waste rates by the city:

(A) The charge for solid waste service shall be added to the charges for water service and/or sewer service and payment of the total amount must be made in accordance with city rules regulating the payment of water service charges.

(B) Delinquent payment of charges for solid waste service shall be treated in the same manner as delinquency for payment of water service charges and/or sewer service charges.

(C) All charges for solid waste collection shall be billed to the following persons:

(1) In the case of any person whose premises are connected with the municipal water system, then to the person who requested such connection to the municipal water system or his or her successor in interest, to any person requesting that such bill be charged to him or her.

(2) In the case of any person whose premises are not connected to the municipal water system, then to the person who requested the connection to the sewage system or his or her successor in interest, or if no such request was made, then to the owner of record of such premises on the date on which such premises are required hereby to commence garbage and trash collection services, or to the successors in interest to such person, or to any person requesting that such bill be charged to him or her.

(D) Each charge for solid waste collection service levied pursuant to this section on any premises within the city is hereby made a lien upon such premises, and any steps authorized by law may be taken by the city to enforce payment of such lien.

(E) In each case where a bill for solid waste collection service shall become delinquent, the City Manager shall cause the premises to be disconnected from the municipal water and/or sewage system pursuant to the procedures set forth in § 52.66. Whenever premises have been disconnected from either or both the municipal water system and the municipal sewage system for nonpayment of garbage and trash collection charges, such premises shall not be reconnected to either the municipal water system or the municipal sewage system until all delinquent fees, charges and rates have been paid, together with such reasonable charges for reconnection as may be established from time to time by resolution adopted by the City Council.

(`67 Code, § 4-3-12) (Am. Ord. 2022-001, passed 4-12-22)

Owners of multiple dwellings or apartments (two or more families) shall be responsible for the payment of solid waste collection services rendered to premises owned by them, although payments will be accepted from tenants. However, for convenience to the city, persons billed for water service will also be billed for solid waste collection service.

(`67 Code, § 4-3-13) (Am. Ord. 2022-001, passed 4-12-22)

(A) The City Manager, or his or her designee, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection.

(B) A person shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the City Manager, or his or designee, during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises or (ii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

(C) Any records obtained by the City Manager, or his or her designee, 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 Cal. Gov’t Code § 6250 et seq .

(D) The City Manager, or his or her designee, are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

(E) The city shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints.

(Ord. 2022-001, passed 4-12-22)

(A) The City Manager, or his or her designee, shall enforce the provisions of this chapter, subject to the approval of the City Council, and shall have the power to establish rules and regulations, consistent with the provisions of this chapter, governing the keeping, collection, removal and disposal of solid waste.

(B) Violation of any provision of this chapter shall constitute an infraction and will be grounds for issuance of a notice of violation and assessment of a fine by a City Manager, or his or her designee. Absent compliance by the respondent within the deadline set forth in the notice of violation, the City Manager or designated enforcement agency shall commence an action to impose penalties, pursuant to the city's standard procedures or the standard procedures. (C) A violation may be punishable by:

(1) A fine of $100 for a first violation;

(2) A fine of $200 for a second violation of the same provision of this code within any 12 consecutive-month period;

(3) A fine of $500 for each additional violation of the same provision of this code within any 12 consecutivemonth period. Any violation after the third violation of the same provision of this chapter within any 12 consecutivemonth period may be charged so each day that a violation of this chapter continues shall constitute a separate and distinct offense.

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

(E) Compliance deadline extension considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

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

• (2) Delays in obtaining discretionary permits or other government agency approvals; or

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

(F) Appeals process. Persons assessed a penalty for an uncorrected violation may request a hearing to appeal the citation within 30 days of the assessment of the penalty by filing a notice of appeal with the City Clerk. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order. The hearing shall be conducted in accordance with city's procedure.

(`67 Code, § 4-3-14) (Ord. 71-4, passed 6-28-71; Am. Ord. 2022-001, passed 4-12-22)