Rohnert Park Municipal Code Ch. 8.12 Solid Waste and Edible Food Recovery

Footnotes:

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Editor's note— Ord. No. 956, § 1(Exh. A), adopted Dec. 14, 2021, repealed the former Ch. 8.12, §§ 8.12.010—8.12.260, 8.12.265, 8.12.270, 8.12.280, 8.12.281, 8.12.282, 8.12.290—8.12.350, and enacted a new Ch. 8.12 as set out herein. The former Ch. 8.12 pertained to refuse disposal, and derived from Ord. No. 9, §§ 1—24, 27—33, 35, adopted in 1962; Ord. No. 61, § 4, adopted in 1965; Ord. No. 149, §§ 2, 3, adopted in 1971; Ord. No. 269, §§ 1—3, adopted in 1975; Ord. No. 305, §§ 1, 2, adopted in 1975; Ord. No. 425, §§ 1, 2, adopted in 1983; Ord. No. 606, §§ 1, 2, adopted in 1995; Ord. No. 776, §§ 1, 2, 4, adopted in 2007; and Ord. No. 851, §§ 2(Exh. 1(1)—1(4)), adopted Nov. 27, 2012.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

"Authorized collector" means such persons, firms or corporations collecting and delivering for disposal, recycling or processing solid waste originating in the city and doing so under a contract or franchise agreement with the city.

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

"Bulky waste" means large items of solid waste such as appliances (white goods), e-waste (except for universal waste), furniture, tires, carpets, mattresses and similar large items, large auto parts, trees, branches, stumps, and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing, or disposal methods. It does not include abandoned vehicles or household hazardous waste.

"CalRecycle" means California's Department of Resources Recycling and Recovery.

"CCR" means the California Code of Regulations.

"City manager" means the city manager of the City of Rohnert Park, or the city manager's designee.

"Collection" means taking physical possession of solid waste at, and remove from, any premises where it is generated and transporting such solid waste to a solid waste facility or other location.

"Commercial business" or "commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family dwelling, or as further defined in 14 CCR Section 18982(a)(6). A multi-family dwelling that consists of five or more dwelling units is a commercial business for the purposes of this chapter.

"Commercial edible food generator" means a tier one or a tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). Food recovery organizations and food recovery services are not commercial edible food generators.

"Community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4).

"Composting" means the process of controlled biological decomposition of organic waste.

"Construction and demolition debris" means 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" means, for the purpose of this chapter, any bin, box or cart used for the purpose of holding solid waste for collection.

"Curbside collection service" means solid waste collection service provided by the authorized collector to commercial generators, residential generators or non-residential establishments for the primary purpose of removal or hauling such material for ultimate disposal or recycling without payment of any redemption value to the property owner. For curbside collection service, the collection station shall be the street curb line adjacent to such premises.

"Disposal" means the final disposition of solid waste at a solid waste facility permitted for disposal.

"Dwelling unit" means one or more rooms with internal access between all rooms, which provide complete independent living facilities for at least one family, including provisions for living, sleeping, eating, cooking, bathing, and sanitary facilities.

"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter, edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

"Exempt waste" means biohazardous or biomedical waste, hazardous waste, medical waste, regulated radioactive waste, waste that is volatile, corrosive, or infectious, waste treatment or processing sludge, contaminated soil and dirt, contaminated concrete, contaminated asphalt, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, any matter or materials which are not acceptable for disposal at a solid waste landfill as defined in AB 939 and subsequent legislation, and those wastes under the control of the Nuclear Regulatory Commission.

"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, as further defined in 14 CCR Section 18982(a)(25), including, but not limited to:

a. A food bank as defined in Section 113783 of the Health and Safety Code;

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

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

"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 chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"Food waste" means food scraps and trimmings and other putrescible waste that result from food production, preparation, cooking, storage, consumption or handling. Food waste includes but is not limited to meat, fish and dairy waste, fruit and vegetable waste and grain waste. Food waste does not include exempt waste.

"Garbage" means all non-recyclable packaging and putrescible waste attributed to normal activities of a service unit. Garbage must be generated by and at the service unit wherein the garbage is collected. Garbage does not include recyclable materials, organic materials, construction and demolition debris, large items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste.

"Generators," for the purpose of this chapter, means a person or entity, including commercial generators and residential generators, that is responsible for the initial creation of organic materials or solid waste on any premises in the city, and includes an "organic waste generator" as defined in 14 CCR Section 18982(a)(48).

"Multi-family dwelling" means any residential premise, other than a single-family dwelling, used for residential purposes, including but not limited to, a residential premises which consists of two or more dwelling units, mobile home parks, and condominiums, and is not a hotel, motel, or other transient occupancy facility, which are considered other types of commercial businesses.

"Organic material" or "organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food waste, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, as further defined in 14 CCR Section 18982(a)(46).

"Person" means any natural or legal person, including any firm, association, corporation or other entity.

"Premises" includes a tract or parcel of land with or without habitable buildings or appurtenant structures. For purposes of this chapter the word 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.

"Prohibited container contaminants" means:

a. Discarded materials placed in the designated recyclables container that are not identified as acceptable source separated recyclables for the authorized collector's designated recyclables collection container;

b. Discarded materials placed in the designated organic materials collection container that are not identified as acceptable source separated organic materials for the authorized collector's designated organic materials collection container;

c. Discarded materials placed in the garbage container that are acceptable source separated recyclables and/or source separated organic materials to be placed in authorized collector's designated organic materials collection container and/or designated recyclables collection container; and

d. Exempt waste placed in any container.

"Recyclable materials" or "recyclables" means any material designated to be separated from the waste stream for purposes of recycling. This designation shall be made by the authorized collector based on good public practice, ability to receive an acceptable economic return, and feasibility of separating the material from the waste stream at the point of collection.

"Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become garbage and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201.

"Residential" means, for the purposes of this chapter, any premises consisting of between one and four dwelling units, and onsite 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.

"Self-haul" means a person who hauls solid waste, organic waste or recovered material they have generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66).

"Solid waste" has the same meaning as defined in Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid and semisolid wastes, including garbage, recyclable materials, organic materials, demolition and construction wastes, bulky waste, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes with the exception that solid waste does not include any of the following wastes:

a. Hazardous waste, as defined in the Public Resources Code Section 40141;

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

c. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the Public Resources Code. Recyclable materials and organic materials are a part of solid waste.

"Solid waste collection service" means collection of solid waste originating in the city, by any persons, firms or corporations, and doing so under a contract or franchise agreement with the city.

"Solid waste facility" or "facility" means a solid waste transfer or processing station including a material recovery facility, a recycling facility, a composting facility, a gasification facility, a transformation facility, an engineered municipal solid waste conversion facility, and a disposal facility. Solid waste facility additionally includes a solid waste operation that may be carried out pursuant to an enforcement agency notification, as provided in regulations adopted by CalRecycle, or otherwise set forth in the California Integrated Waste Management Act of 1989, as amended.

"Source reduction" means any action which causes a net reduction in the generation of solid waste. Source reduction includes, but is not limited to, reducing the use of nonrecyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing garbage rate structures with incentives to reduce the amount of wastes that generator produce, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials. Source reduction does not include steps taken after the material becomes solid waste or actions which would impact air or water resources in lieu of land, including, but not limited to, transformation.

"Source separate" means the process of removing recyclable materials and organic materials from solid waste at the place of generation, prior to Collection, and placing such materials into separate containers designated for recyclable materials and organic materials, as further defined in 14 CCR Section 17402.5(b)(4).

"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a):

a. Supermarkets with gross annual sales of two million dollars or more.

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

c. Food service provider, which 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.

d. Wholesale food vendor, which 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.

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

"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a):

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

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

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

d. Large venue, which means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter, 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, 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.

e. Large event, which means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

(Ord. No. 956, § 1(Exh. A), 12-14-2021)

A. It is unlawful for any person to throw or deposit or cause to be thrown or deposited, any solid waste in or upon any vacant lot or in any back yard, or in or upon any street, alley, drive, highway, park or other public place in the city, any gutters or drain facilities connected therewith, or to deposit or place or keep any solid waste except in the manner prescribed in this chapter.

B. It is unlawful to burn or cause to be burned in the city any solid waste.

C. Every person in charge or control of any premises, where there is any accumulation of solid waste, shall cause the same to be so removed or disposed of at least once each calendar week, and such person shall not permit or allow any noncombustible solid waste to accumulate thereat for a period in excess of one week, except in the instance of interruption of collection services of the authorized collector, natural disaster, or other emergency or circumstance that directly interferes with collection and disposal of solid waste.

D. No person shall cause or permit combustible solid waste to accumulate at any place or on any premises under his charge or control for a period in excess of one calendar week.

E. Except bulky waste, it is unlawful for any person to keep, accumulate or permit to be accumulated, any solid waste, upon any lot or parcel of land, or on any public or private lane, place, street, alley or drive, unless the same is kept in a durable and enclosed container designed for such purpose. Collection containers shall at all times be kept covered or closed except when necessary to place solid waste therein or to take solid waste therefrom. Each such collection container, including its cover, shall be kept clean from accumulating grease or decomposing material.

(Ord. No. 956, § 1(Exh. A), 12-14-2021)

Nothing in this chapter shall be deemed to prohibit the removal and hauling by any person of any materials, including solid waste, which are deemed by the city manager to constitute an immediate menace to public health or safety and which are ordered by the city manager to be promptly removed.

(Ord. No. 956, § 1(Exh. A), 12-14-2021)

A. Except from premises where the owner, occupant or other person in custody of such premises regularly self-hauls all waste generated on the premises at least once per week in accordance with Section 8.12.110, every owner and occupant shall cause such premises to be subscribed to regular solid waste collection service with the authorized collector. Each such premises shall be subscribed to a level of solid waste collection service with the authorized collector that is sufficient to handle the volume garbage, recyclable material, and organic materials generated or accumulated on the premises during the week. The city manager shall have the right to review the number and size of such collection containers to evaluate the adequacy of capacity provided for each type of collection service, and the owner, occupant, or other person in custody of the premises shall adjust service levels for their collection services as requested by the city in order to ensure the routine removal of all solid waste generated on the premises at least once per week.

B. Each generator on any premises shall source separate all recyclable material and organic materials from garbage generated on the premises in accordance with the designations of recyclables and organic materials made by the authorized collector. Each generator shall place source separated organic materials, including food waste, in the organic materials collection container; and shall place source separated recyclable materials in the recyclable material collection container; and shall place garbage in the designated garbage collection container.

C. No person shall place any prohibited container contaminant into any collection container serviced by the authorized collector.

D. All collection containers shall be placed by the occupant of each residential premises within the city at or near the front of the residential premises at a location readily accessible to the authorized collector during the time period designated by the authorized collector for collection. Placement of said collection container for collection shall be made at a time immediately prior to the regular scheduled time for solid waste collection service, and containers shall be removed by no later than 8:00 a.m. on the following day after collection.

E. The authorized collector shall give written notice to the city manager of the address of any occupied premises within the city, served by the authorized collector, which is not subscribing to the solid waste collection service provided by the authorized collector.

F. Nothing in this chapter limits the right of any person to donate, sell, or otherwise remove their recyclable materials so long as the removal otherwise complies with this chapter.

G. Organic materials may be fed to animals on the premises where such organic materials is produced, provided that the premises are always kept in a sanitary condition to the satisfaction of the city manager; and provided further that the keeping and feeding of such animals shall at all times conform to any other applicable regulations, including regulations governing the use of the premises.

H. Organic materials may be used in on-site composting, community composting, or other composting operation, provided that such operation conforms to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated, including regulations related to land use, permitting and operation regulations regarding composting facilities of CalRecycle, and any other regulations of applicable health authorities.

(Ord. No. 956, § 1(Exh. A), 12-14-2021)

A. Each owner, operator, or manager of a commercial business shall ensure the proper separation of solid waste generated on such premises, as required by the authorized collector, by placing each type of material in designated collection containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on-site follow source separation requirements related to solid waste as required by the authorized collector. Each owner, operator, or manager of a commercial business, except for multifamily dwellings, shall prohibit employees from placing materials in a container not designated for those materials, and shall periodically inspect containers for organic waste and inform employees of requirements to ensure such containers are only used for organic waste.

B. Each owner, operator, or manager of a commercial business shall supply an adequate number, size, and location of collection containers with sufficient labels or colors designating the appropriate material for deposit in accordance with source separation requirements of the authorized collector for the employees, contractors, tenants, and customers of the commercial premises.

C. Each owner, operator, or manager of a commercial business shall annually provide information to employees, contractors, tenants, and customers about organic materials recovery requirements and about proper sorting of solid waste.

D. Each owner, operator, or manager of a commercial business shall provide educational information within fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated organic materials and source separated recyclable materials separate from garbage and the location of collection containers and the rules governing their use at each property.

E. Each owner, operator, or manager of a commercial business shall cooperate with the authorized collector's monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate compliance.

F. Each owner, operator, or manager of a commercial business, except for multifamily dwellings, shall provide containers meeting the requirements of 14 CCR Section 18984.9 for the collection of source separated organic materials and source separated recyclable materials in all indoor and outdoor areas where garbage disposal containers are provided for customers, for materials generated onsite. Such containers do not need to be provided in restrooms. If a commercial generator does not generate any of the materials that would be collected in one type of collection container, then it is not required to provide that type of container in all areas where disposal collection containers are provided for customers.

G. If a commercial generator self-hauls, the commercial generator shall meet the self-haul requirements in Section 8.12.120.

(Ord. No. 956, § 1(Exh. A), 12-14-2021)

No person, other than the owner thereof, his agents or employees or the authorized collector, shall tamper or meddle with any collection container, or remove the contents thereof from the location where the same shall have been placed by such owner or their agent.

(Ord. No. 956, § 1(Exh. A), 12-14-2021)

No solid waste shall be removed and carried on or along any street or alley of the city except the same be transported in watertight containers with proper covers so that the solid waste shall not fall, drip, or spill to or on the ground, sidewalk or pavement.

(Ord. No. 956, § 1(Exh. A), 12-14-2021)

For the collection and disposal of solid waste, a contract may be entered into by the city with an authorized collector in accordance with and subject to the terms and conditions of this chapter. The city elect to include in any such contract the exclusive right to collect and haul construction and demolition debris. The city council may grant extensions of any contract entered into pursuant to this chapter upon such terms and conditions as the council may deem necessary or in the best public interest.

(Ord. No. 956, § 1(Exh. A), 12-14-2021)

At such time as there is in force a contract entered into by the city with any person for the collection of solid waste in the city, it is unlawful for any person, other than the city or the authorized collector or the persons in their employ, to collect or transport any solid waste within the boundaries of the city, including future annexations. It is unlawful for any person in any manner to interfere with the collection, recycling and disposal of solid waste by the authorized collector.

However, this section shall not apply to any person conveying solid waste collected outside the city, nor be deemed to prohibit the right to divert recyclable material or organic materials so long as the diversion otherwise complies with this chapter. The prohibition imposed by this section shall also not apply to the provision of construction and demolition collection services within the city in accordance with the provisions of a separate contract or contracts that may be let by the city. The prohibition imposed by this section shall also not apply to those persons who have obtained a valid self-haul permit from the city as provided for in Section 8.12.120.

(Ord. No. 956, § 1(Exh. A), 12-14-2021)

The authorized collector providing residential, commercial, or industrial organic materials collection services within the city's boundaries shall meet the following requirements:

A. Through written notice to the city annually as stipulated per their respective agreement, identify the facilities to which they will transport solid waste including facilities for source separated recyclable materials and source separated organic materials.

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

C. Obtain approval from the city to haul organic materials, unless it is transporting source separated organic materials to a community composting site or lawfully transporting construction and demolition debris in a manner that complies with 14 CCR Section 18989.1.

D. Comply with all requirements in its agreement with the city.

(Ord. No. 956, § 1(Exh. A), 12-14-2021)

A. The city manager or person authorized by the Sonoma County Waste Management Agency may grant waivers to commercial business for physical space limitations and/or de minimis volumes. Commercial businesses seeking a waiver shall submit their request in a form specified by the city manager. After reviewing the waiver request, and after an on-site review, if applicable, the city manager may either approve or deny the following waiver requests. Anyone granted a waiver shall provide written verification of eligibility for a waiver at least every five years, and shall notify the city if circumstances change such that they are no longer eligible for such waiver, in which case waiver will be rescinded.

B. De Minimis Waivers. The city manager or person authorized by the Sonoma County Waste Management Agency may waive obligations of a commercial business to comply with the collection service and source separation requirements of Section 7.04.100 if the commercial business meets the following requirements:

1. Submits an application specifying the type of waiver requested and provide documentation as described below.

2. Provide documentation that either:

a. The commercial business receives two or more cubic yards of weekly solid waste collection service and disposed organic materials subject to collection comprises less than twenty gallons per week of the business' total weekly solid waste collection service volume; or

b. The commercial business receives less than two cubic yards of weekly solid waste collection service and disposed organic materials subject to collection comprises less than ten gallons per week of the business' total weekly solid waste collection service volume.

c. For the purposes of subsections a. and b. above, total weekly solid waste collection service shall be the sum of weekly garbage collection container volume, recyclable material collection container volume and organic materials collection container volume, measured in cubic yards.

C. Physical Space Waivers. The city manager or person authorized by the Sonoma County Waste Management Agency may waive a property owner's obligations to comply with the collection service and source separation requirements of Section 7.04.100 if presented with evidence from its own staff, authorized collector, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with collection service requirements. A property owner may request a physical space waiver through the following process:

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

2. Provide documentation that the premises lack adequate space for the recyclable materials collection containers and/or organic materials collection containers including documentation from its authorized collector, a licensed architect, or a licensed engineer.

(Ord. No. 956, § 1(Exh. A), 12-14-2021)

A. Source Separation Required. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated organic materials to a solid waste facility, operation, activity, or property that processes or recovers source separated organic materials.

B. Recordkeeping for Commercial Businesses. Self-haulers that are commercial businesses shall keep a record of the amount of organic materials delivered by self-haul to each solid waste facility, operation, activity, or property that processes or recovers organic materials. Receipts and records shall be subject to inspection by request of the city manager. The records shall include the following information:

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

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

C. Permit Required. No person, other than a back-hauler, shall self-haul any solid waste without a valid self-haul permit issued from the city's public works director or his or her designee prior to commencing self-hauling. A commercial edible food generator that is self-hauling edible food for the purpose of food recovery is not subject to a requirement to obtain a self-haul permit. A permit to self-haul shall be good for one calendar year, or such part of the calendar year that is remaining after the issuance of the permit. All self-haul permits shall expire on December thirty-first, and may be renewed annually. An application for a renewal permit should be filed at least sixty days prior to the expiration date of the permit to allow adequate time for processing, inspection and verifications required to issue the permit.

D. Issuance of Permit. The city's public works director or his or her designee shall issue a self-haul permit within five working days of the receipt of an application deemed complete by the director and the production of the items listed in numbers 2—8 below:

1. Applicant files an application, on a form approved by the director, with all required information supplied. Failure to provide all required information will result in the director rejecting the application as incomplete;

2. The applicant produces for inspection the vehicle the applicant intends to use for hauling refuse, garbage, wet garbage, rubbish, recyclables and compostables, and the vehicle meets the following standards:

a. The vehicle has the capacity to haul a minimum of thirty-two gallons (4.3 cubic feet) of refuse, garbage, wet garbage, rubbish, recyclables or compostables;

b. The vehicle is capable of safely hauling refuse, garbage, wet garbage, rubbish, recyclables and disposables in a safe and sanitary manner so that such matter will not spill, leak, drip, blow, scatter or fall from the vehicle;

c. If the vehicle is not fully enclosed, the applicant produces a tarp or other material that will be used to completely secure the materials being self-hauled;

3. The applicant produces evidence that he or she owns or leases the vehicle or has a written agreement to use the vehicle for the hauling of refuse, garbage, wet garbage, rubbish, recyclables and compostables;

4. The applicant produces evidence that he or she has a valid California driver's license to operate the vehicle produced for inspection and that the vehicle is registered in the State of California;

5. The applicant provides the city with a certificate of automobile insurance for the vehicle;

6. The vehicle is operational and meets all applicable Vehicle Code standards;

7. The applicant provides the city with proof that the applicant has containers for the storage of refuse, garbage, wet garbage, rubbish, recyclables and compostables on the applicant's property before the materials are hauled to a disposal facility; and

8. The applicant pays the fee for a self-hauling permit authorized by resolution of the city council. Permits issued between January 1 and March 31 shall pay one hundred percent of the permit fee; permits issued between April 1 and June 30 shall pay seventy-five percent of the permit fee; permits issued between July 1 and September 30 shall pay fifty percent of the permit fee; permits issued between October 1 and December 31 shall pay twenty-five percent of the permit fee.

E. Appeal of Denial. An applicant whose application for a self-hauling permit has been denied may appeal that decision. An appeal may be filed within ten days of the date the applicant was notified of the denial. Appeals shall be heard by the city manager. The decision of the city manager is final.

F. Operational Standards.

1. Permittees must dispose of solid waste weekly and shall procure and retain weekly receipts from any licensed or permitted landfill or other licensed or permitted disposal facility. Receipts shall be submitted to the city for the preceding one-quarter calendar year on a quarterly basis upon reasonable request by appropriate city authority. Failure to show proof of solid waste disposal for each week that a person is permitted to self-haul shall be deemed evidence of the existence of a public health and safety nuisance and shall be sufficient to permit city to revoke the permittee's self-hauling permit.

2. Permittees must notify the city of any change in the vehicle being used to haul refuse, garbage, wet garbage, rubbish, recyclables or compostables by the permittee. Permittees must bring the new vehicle in for an inspection and demonstrate compliance with this section.

3. Permittee must keep on file with the city copies of the current automobile insurance and registration for the vehicle used to self-haul and the permitee's current California driver's license. Permittee must provide proof to city of renewed automobile insurance, vehicle registration, and California driver's license within five days of expiration of respective document.

4. Permittees are liable for any damages and clean-up costs resulting from any refuse, garbage, wet garbage, rubbish, recyclables or compostables spilling, leaking, dripping, blowing, scattering or falling during the course of the permittees self-hauling activity.

5. Permitees shall, at such times as the city manager may specify, report to the city the type, quantity, volume and weight of refuse, garbage, wet garbage, rubbish, recyclables and compostables to be removed, and shall pay an AB 939 information reporting fee, in an amount to be set by the city council by resolution.

G. Revocation of Permit. The self-haul permit shall be subject to revocation if the permittee violates any provision of this chapter. A notice of revocation shall be mailed to the permittee informing them that their self-hauling permit is being revoked, identifying the violations of this chapter that have occurred, and informing the permittee that he or she has the right to dispute the revocation by an appeal to the city manager. An appeal of a revocation must be filed within five days of the mailing of notice of the revocation. A revocation appeal hearing will be scheduled within five days of the date the city receives the request for an appeal. The city manager will issue a decision on the appeal within five days of the hearing and provide the permittee written notice of the decision. The decision of the city manager on the appeal shall be final.

(Ord. No. 956, § 1(Exh. A), 12-14-2021)

A. Owners of facilities, operations, and activities that recover organic materials, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon the request, provide information to the city and Sonoma County Waste Management Agency 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. Such persons contacted shall respond within sixty days of the request.

B. Community composting operators shall, upon request by the city or Sonoma County Waste Management Agency, provide information to the city to support organic materials capacity planning, including, but not limited to, an estimate of the amount of organic materials anticipated to be handled at the community composting operation. Such persons contacted shall respond within sixty days of the request.

(Ord. No. 956, § 1(Exh. A), 12-14-2021)

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

B. 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:

a. The collection of edible food for rood recovery; or

b. 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 enforcement officer or such persons designated by the Sonoma County Waste Management Agency to conduct inspections to access the premises and review records pursuant to 14 CCR Section 18991.4.

5. Keep records that include the following information, as required by 14 CCR Section 18991.4 and providing them to the city and Sonoma County Waste Management Agency on monthly basis:

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

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

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

f. 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.

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

(Ord. No. 956, § 1(Exh. A), 12-14-2021)

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, as required 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 as required under 14 CCR Section 18991.5(a)(2):

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

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

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

C. Food recovery organizations and food recovery services that have their primary address physically located in the city and that contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall annually report to the city and Sonoma County Waste Management Agency the total pounds of edible food recovered in the previous calendar year from the commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than April 1.

D. In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, and Sonoma County Waste Management Agency, food recovery services and food recovery organizations operating in the city shall provide information 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 county, city, or Sonoma County Waste Management Agency shall respond to such request for information within sixty days unless a shorter timeframe is otherwise specified.

(Ord. No. 956, § 1(Exh. A), 12-14-2021)

Any enforcement officer of the city and any person designated by the Sonoma County Waste Management Agency to conduct inspections is authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

(Ord. No. 956, § 1(Exh. A), 12-14-2021)

Any violation of this chapter shall be a public nuisance and may be punished as in infraction and enforced in accordance with the provisions of Chapter 1.16. Three or more subsequent violations of this chapter by the same person or persons within a twelve-month period may be charged and prosecuted as a misdemeanor. Any city enforcement officer shall have the duty and authority to enforce the provisions of this chapter. In addition, any violation shall be subject to the issuance of administrative citation and imposition of administrative fines in the following amounts, in accordance with the procedures of Chapter 1.25:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of the same provision of this code within any twelve consecutive month period;

3. A fine not exceeding five hundred dollars for each additional violation of the same provision of this code within any twelve consecutive month period.

Nothing herein shall be interpreted to limit or exclude any other remedies available to the city under this code or otherwise allowed by law, including civil action or prosecution as misdemeanor or infraction. Any such storage, collection, or accumulation of solid waste on a premises not in compliance with this chapter shall be deemed a nuisance and subject to summary abatement under Section 1.24.180, and costs of abatement shall be subject to being imposed as a lien against the property in accordance with the provisions of Chapter 1.24.

(Ord. No. 956, § 1(Exh. A), 12-14-2021)