Earlier editions: 2026-09
Rolling Hills Estates Municipal Code Ch. 8.20 Integrated Waste Management
Rolling Hills Estates Municipal Code · 2026-10 edition · updated 2026-10-04 · Rolling Hills Estates
Cite as: Rolling Hills Estates Municipal Code Chapter 8.20 · Text as of 2026-10-04
Footnotes:
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Editor's note— Ord. No. 740, § 3(Exh. A), adopted March 22, 2022, amended Chapter 8.20 in its entirety to read as herein set out. Former Chapter 8.20, §§ 8.20.010—8.20.180, 8.20—8.20.230, 8.20.300, 8.20.310, 8.20.400, pertained to similar subject matter, and derived from Ord. No. 730, § 3(Exh. A), May 12, 2020.
I. - GENERAL REGULATIONS¶
8.20.010 - Definitions.¶
For the purpose of this chapter, the following words and phrases are defined as follows, unless it is apparent from the context that a different meaning is intended. Words and phrases not defined in this section have the meanings set forth in Division 30, Part 1, Chapter 2 of the Public Resources Code, § 40105 and following, and the regulations of the California Integrated Waste Management Board or its successor agency. If not defined in the Public Resources Code or the Board's regulations, then the applicable definitions found in the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6901 and following, and the regulations implementing RCRA will apply.
"Act" means the California Integrated Waste Management Act of 1989 (sometimes referred to as "AB 939"), Public Resources Code § 40000 and following as it may be amended, and as implemented by the regulations of CalRecycle.
"Active composting" means that method of waste treatment in which organic solid wastes are biologically decomposed under controlled aerobic or anaerobic conditions.
"Bulky items" means large solid waste or other discarded waste that cannot or would not typically be accommodated within a cart such as large household appliances, furniture, carpets, mattresses, tires and oversized yard waste such as tree trunks and large branches, which a solid waste collector has agreed to collect.
"CalRecycle" means the California Department of Resources, Recycling and Recovery, or any successor agency.
"California Code of Regulations" or "CCR" means 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) and include all amendments to such regulations. To the extent any definition or provision of this chapter is inconsistent with the provisions of Title 14 of CCR, the CCR will control.
"Charges" means the charges permitted to be made for solid waste collection, related services, equipment rental, and roll-off service, by a franchisee under a residential franchise, a commercial franchise, or a roll-off franchise issued under this chapter.
"Collection" means to take physical possession, remove and transport solid waste. "Commercial" or "Commercial business" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 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 bin" means a bin provided by a franchisee, between approximately one to six cubic yards in capacity, designed for the temporary accumulation and collection of solid waste and placed by a franchisee at commercial premises. Commercial bins do not include construction bins placed at residential premises.
"Commercial edible food generator" includes a "tier one" or a "tier two" commercial edible food generator as such terms are defined in Subdivisions (a)(73) and (a)(74), Title 14, Division 7, Chapter 12 of the California Code of Regulations.
"Commercial premises" means all lots or portions of a lot in the city, other than residential premises, where commercial solid wastes are generated or accumulated.
"Commercial solid waste" means all types of solid waste, including organic waste and recyclable solid waste, generated or accumulated at commercial premises and placed in commercial bins for accumulation and collection.
"Composting" means the controlled and monitored process of converting organic waste into compost.
"Construction bin" or "roll-off bin" means any container, commercial roll-off bin or other similar receptacle used for the accumulation, temporary storage and removal of construction and demolition waste or similar material, which is emptied by means of special collection equipment.
"Construction and demolition waste" means used or discarded construction materials arising from the construction, renovation or demolition of a premises or structure.
"Container" means the containers provided by or acceptable to a solid waste collector for the temporary accumulation, collection and removal of solid waste and includes any commercial bin, roll-off bin construction bin, residential solid waste container, recycling container, green waste container, and organic waste container.
"Contamination" or "Contaminated container" means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
"Dispose" or "Disposal" means the final disposition of solid waste collected.
"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 or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not solid waste if it is recovered and not discarded. Nothing in this 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 California Retail Food Code.
"Enforcement action" means an action of the City to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
"Excluded waste" means 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 chapter, including, without limitation: 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 would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city 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 Sections 41500 and 41802 of the California Public Resources Code. 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 distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
"Food facility" has the same meaning as in Section 113789 of the Health and Safety Code. "Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
"Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
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 Section 18982(a)(7).
"Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
"Food scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.
"Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
"Food-soiled paper" is 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" means food scraps, trimmings, food-soiled paper, and other putrescible waste that results from food production, preparation, storage, consumption or handling.
"Franchise" means either a commercial, residential or roll-off franchise.
"Franchise, commercial" means a franchise issued under this chapter that grants to a franchisee the exclusive right to collect and transport on a regular, recurring basis, solid waste from commercial premises located within the city, except as provided in Sections 8.20.040 and 8.20.050.
"Franchise, residential" means a franchise issued under this chapter, which grants to a franchisee the exclusive right to collect and transport solid waste from residential premises, except as provided in Sections 8.20.040 and 8.20.050.
"Franchise, roll-off" means an franchise issued under this chapter to a franchisee allowing such franchisee the right, on an exclusive basis, to provide roll-off bin services to responsible persons of residential and commercial premises, including construction and demolition waste.
"Franchisee" means a solid waste collector designated as a franchisee pursuant to a commercial franchise, a residential franchise, or a roll-off franchise approved by the city council authorizing the solid waste collector to provide solid waste collection services within the city in accordance with this chapter.
"Garbage" means those elements of the solid waste stream designated for the "garbage container", and excludes hazardous waste, excluded waste, materials designated for the "organics container" or "recycling container" or materials which have been separated for reuse.
"Garbage container" is defined in 14 CCR Section 18982(a)(28) and must be used for the purpose of storage and collection of garbage container waste.
"Garbage container waste" means garbage that is collected in a garbage container that is part of a three-container organic waste collection service that prohibits the placement of organic waste or recyclables in the garbage container.
"Green waste" (also sometimes referred to as "yard waste") means a form of solid waste composed of leaves, grass clippings, brush, branches and other forms of organic matter generated from landscapes, farms and gardens, and scrap wood, separated from other forms of solid waste. Green waste does not include large stumps or branches and yucca or palm fronds, which are not suitable for composting.
"Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including, without limitation, a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
"Hazardous waste" means any waste materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to RCRA, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 and following or as defined by CalRecyle. If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term hazardous waste will be construed to have the broader, more encompassing definition.
"High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
"Inspection" means a site visit where a city employee or agent 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 Section 18982(a)(35).
"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 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.
"Large venue" 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 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.
"Manure" means manure and stable bedding associated with livestock.
"Medical waste" means any item regulated under the Medical Waste Management Act (Part 14, commencing with Section 117600, of Division 104 of the Health and Safety Code) that has not been treated and may not be disposed of at a solid waste disposal facility.
"Multi-family residential dwelling" or "multi-family" means 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.
"Organics container" has the same meaning as "green container" in 14 CCR Section 18982(a)(29) and must be used for the purpose of storage and collection of source separated organic waste designated for compost processing, including food waste and green waste accepted in the city's organic waste collection program, and other organic materials as determined by the city as acceptable for the organics container.
"Organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
"Organic waste generator" or "generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
"Prohibited container contaminants" means the following: (i) discarded materials placed in the recycling container that are not identified as acceptable source separated recyclable materials for the city's recycling container; (ii) discarded materials placed in the organics container that are not identified as acceptable source separated organic waste for the city's organics container; (iii) discarded materials placed in the garbage container that are either acceptable source separated recyclable materials or source separated organics container organic wastes; and, (iv) excluded waste placed in any container.
"Recyclables" or "Recyclable materials" means materials that can be recycled consistent with the requirements of the Act. The city may adopt a schedule of materials that may qualify as recyclables, which may be revised periodically.
"Recycle" means the process of sorting, cleansing, treating and reconstituting of recyclables, which would otherwise be disposed of at a disposal site, for the purpose of returning the recyclables to the economy in the form of raw materials for reused, remanufactured or reconstituted products.
"Recycling container" has the same meaning as "blue container" in 14 CCR Section 18982.2(a)(5) and must be used for the purpose of storage and collection of source separated recyclable materials.
"Remote monitoring" means the implementation and use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of garbage containers, organics containers, and recyclable materials containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
"Residential premises" means all residentially zoned lots used for residential purposes, excluding premises with multi-family structures consisting of five or more units.
"Residential solid waste" means all types of solid waste, including organic waste and recyclable solid waste, generated or accumulated at residential premises and placed in residential containers for accumulation and collection.
"Residentially zoned lots" means all of those lots located within the city that are zoned for and allow a residential building or structure located on the lot, which generates, or which could generate, solid waste.
"Responsible person" means the person responsible for the day to day operation of each commercial or residential premise in the city at which solid waste is generated or accumulated.
"Roll-off service" means the occasional, not regularly recurring, service supplied by a franchisee, upon request of a responsible person, consisting of one or more roll-off solid waste containers, to be used for the temporary storage, accumulation and removal of solid waste resulting from a temporary lawful activity conducted upon a lot, such as the demolition or construction of a building or a structure.
"Route review" means a visual Inspection of containers along a solid waste collector's 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 Section 18982(a)(65).
"SB 1383" means 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 Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
"SB 1383 regulations" or "SB 1383 regulatory" means or refers to, the "Short-Lived Climate Pollutants: Organic Waste Reduction" regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
"Scavenge" means the unauthorized removal of recyclables from a container or other collection location on a premises, as prohibited by Public Resources Code section 41950.
"Self-hauler" means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another location. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 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 Section 18982(a)(66)(A).
"Solid Waste" has the same meaning as defined in Public Resources Code section 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:
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hazardous waste, as defined in the Public Resources Code section 40141.
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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).
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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).
"Solid waste collector" means a solid waste enterprise that collects solid waste, or that places bins for the temporary accumulation and collection of solid waste, including construction and demolition waste, in the city, pursuant to a written franchise approved by the city council, authorizing the solid waste collector to provide solid waste services within the city.
"Solid waste officer" means the city manager or other city officer designated to be responsible for the administration and enforcement of this chapter.
"Source separated" means 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 Section 17402.5(b)(4). For the purposes of this chapter, source separated must 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 garbage container waste or other solid waste/mixed waste for the purposes of collection and processing.
"Source separated organic waste" means those organics that can be placed in an organics container for compost processing, including food scraps, food soiled paper and green waste, and any other items as determined by the city.
"Source separated recyclable materials" means the same thing as "recyclable materials" and includes those recyclable materials that can be placed in the recycling container including but not limited to, glass and plastic bottles, aluminum, tin and steel cans, metals, unsoiled paper products, printing and writing paper, and cardboard, and any other items as determined by the city.
"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following:
(1) supermarket;
(2) grocery store with a total capacity size equal to or greater than ten thousand square feet;
(3) food service provider;
(4) food distributor; or
(5) wholesale food vendor.
"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following:
(1) restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet;
(2) hotel with an on-site food facility and two hundred or more rooms;
(3) health facility with an on-site food facility and one hundred or more beds;
(4) large venue;
(5) large event;
(6) a state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet; or
(7) a local education agency facility with an on-site food facility.
"Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
In addition to these definitions, where applicable, the definitions contained in this Code, including Title 17 (Zoning), apply to this chapter.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.020 - Origin and storage of solid waste.¶
No person may store, accumulate or maintain any solid waste on any commercial or residential premises, unless such solid waste was generated by a lawful use located on such premises. The storage and accumulation of solid waste on any premises permitted under this Code may be temporary only, and only at such locations as are permitted by this Code. Except as expressly provided in this chapter, solid waste must be stored in a container and must be placed for collection at the next regularly scheduled collection date for the premises, following the generation and accumulation of such solid waste, or otherwise removed lawfully from the premises prior to the next regularly scheduled collection date for the premises.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.030 - Collection arrangements required—Exemptions and exclusions.¶
A. The responsible person for each commercial and residential premise at which garbage, recyclable material or organic waste is generated or accumulated in the city must make arrangements with a franchised solid waste collector for the collection of garbage, recyclables and organic waste, or obtain a commercial waiver or a self-haul permit from the city, as provided for in Section 8.20.050.
B. Exemption Procedure.
A responsible person may apply to the solid waste officer for an exemption from this section if (a) the applicable premises has been vacant and has not generated or accumulated any solid waste for the previous sixty days, and (b) will continue to be vacant for the foreseeable future.
Application for a vacancy exemption must be made on the form provided by the city and submitted to the city's solid waste officer for review and a determination as to eligibility in accordance with the city's vacancy exemption policy.
An exemption and any extension of such exemption may be for a period of not more than one hundred eighty days.
C. Exclusions.
Residential Premises Recyclables Exclusion. No provision of this chapter prevents the responsible person of a residential premise from donating or selling recyclable materials generated at the residential premises.
Commercial Premises Recyclables Exclusion. No provision of this chapter prevents the responsible person of a commercial premise from donating or selling any source separated recyclable materials generated at the commercial premises.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.040 - Persons authorized to collect and transport solid waste.¶
A. Except as expressly provided in subsection B, no person may collect or transport garbage, recyclable material or organic waste from any location within the city unless such person is a solid waste collector or has a self-haul permit from the city. It is unlawful for any person to permit or enter into any agreement for the collection or transportation of garbage, recyclable material or organic waste with any person who is not a franchised solid waste collector.
B. Except as expressly provided in a franchise agreement approved under Part II of this chapter, the collection and transportation of the following types of solid waste under the circumstances indicated are exempt from the provisions of subsection A:
Construction and demolition waste removed from the premises by a licensed contractor using its own employees and equipment as an incidental part of a total service offered by that contractor and in compliance with CalGreen building standards.
Green waste generated by an agricultural use on a lot where such use is permitted under this Code.
Hazardous waste or medical waste.
Recyclable materials generated on a commercial or residential premise that are separated or caused to be separated from solid waste by the responsible person for such premise, and sold or donated.
Solid waste removed by a city officer, employee, or agent in the course of official duty.
Solid waste generated on a commercial or residential premise removed by the responsible person for such premise on an occasional, nonregular basis.
Waste that is the by-product of sewage treatment.
Yard waste removed from the premises by a gardening, landscaping, or tree trimming contractor as an incidental part of the total service offered by the contractor, although such hauling must be treated as self-hauling subject to self-hauler requirements.
Manure.
C. All solid waste collected in the city under subsection B must be transported to a materials handling, recovery, transfer, or disposal facility, or other site permitted by CalRecycle in accordance with all applicable laws and regulations.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.050 - Self-haul permits.¶
A. A responsible person may apply to the city for a self-haul permit to transport solid waste to a city-designated facility.
B. Application Form. Application for a self-haul permit must be made on the form provided by the city and submitted to the city's solid waste officer for review and a determination as to eligibility. The applicant must also pay any applicable self-haul permit fee established by city council resolution.
C. Reporting Requirements. Each responsible person issued a self-haul permit must submit disposal reports to the city containing such information and at a frequency as may be determined by the city's solid waste officer. Such report must include the type, quantity, volume, weight and destination of solid waste, including green waste, collected in the city and transported from the city, as well as gate tickets or receipts that substantiate the information contained in the report.
D. Persons issued a self-haul permit may not: (1) dispose of the solid waste generated on their premises in the container of another premises or in any public street or park container, or (2) otherwise dispose of their solid waste in violation of this chapter.
E. Revocation. If the solid waste officer believes that the holder of a self-haul permit is not complying with the conditions of the permit or requirements of this chapter or code, including the failure to submit a disposal report that contains all required information, then the solid waste officer must give written notice to the permit holder of the violation involved and a reasonable period of time to correct the violation before issuing an order of revocation. If the solid waste officer finds that the violation has continued without correction, then the officer may issue and serve a written order of revocation that sets forth the basis for the permit revocation. This order of revocation will be final unless timely appealed in the manner set forth in Chapter 1.16.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.055 - Self-hauler requirements.¶
A. Self-haulers must source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city's organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR sections 18984.1 and 18984.2.
B. Self-haulers must haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated compost 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) must 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 must be subject to inspection by the city. The records must include the following information:
Delivery receipts and weight tickets from the entity accepting the waste.
The amount of material in cubic yards or tons transported by the generator to each entity.
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 must 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 this section.
E. Self-haulers that are commercial businesses (including multi-family self-haulers) must provide information collected pursuant to this section to the city if requested and within ten days of such request.
F. Nothing in this section will relieve self-haulers from the requirement to subscribe and receive regular three-container services unless they are relieved from such responsibility via an approved self-hauler permit and they meet the requirements in this section.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.060 - Single family, multi-family and commercial business requirements to obtain…¶
A. Generators, including single-family and multi-family and commercial businesses, except those commercial businesses that obtain a waiver pursuant to requirements in this chapter, or those with a self-haul permit, who meet the self-hauler requirements in Section 8.20.055, must also comply with the following requirements:
Subscribe to three container collection service with the exclusive franchisee to include a garbage container, organics container and recyclable materials container.
Maintain for such residence separate garbage, organics and recycling containers, supplied by the exclusive franchisee.
Arrange for a sufficient number of such containers to adequately store all garbage, recyclable materials and organic waste generated in connection with the residence or business between the times designated for collection. The city has the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection service and to require additional or larger containers (or additional service days) and to review the separation and containment of materials.
Generators must adjust service levels for their collection services as requested by the city in order to meet the standards set forth in this chapter.
Generators may manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c) to the extent permitted by other applicable laws.
Participate in the collection services provided by the city's exclusive franchisee by placing designated materials in designated containers as described below, and not placing prohibited container contaminants in collection containers.
Generators must place source separated organic waste, including food waste, in the organics container; source separated recyclable materials in the recycling container; and garbage in the garbage container. Generators may not place materials designated for the garbage container in the organics container or the recycling container.
B. In addition to the requirements in subsection (A) above, commercial businesses must also comply with the following requirements:
Commercial business owners including multi-family, must provide or arrange for garbage container, organics container and recycling container collection service for employees, contractors, tenants and customers, and supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors as noted in subsection (b)(2)(i) and (ii) below, or, if self-hauling, in compliance with self-hauling requirements set forth in this chapter.
Commercial businesses that are not multi-family residential dwellings must provide containers for the collection of source separated organic waste and source separated recyclable materials in all areas where the commercial business provides disposal containers for employees, contractors, tenants, customers and other users of the premises ("user disposal containers"). Such user disposal containers do not need to be provided in restrooms. If a commercial business does not generate, or has a waiver pertaining to, any of the materials that would be collected in one type of user disposal container, then the business does not have to provide that particular type of container in all areas where user disposal containers are provided. Pursuant to 14 CCR Section 18984.9(b), the user disposal containers provided by the business must have either:
i. A body or lid that conforms with the following container colors, with either lids conforming to these color requirements or bodies conforming to these color requirements, or both lids and bodies conforming to these color requirements: gray or black containers for garbage, blue containers for source separated recyclable materials, and green containers for organic waste containers. Notwithstanding the foregoing, a commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this section prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first; or
ii. Container labels that include language or graphic images, or both, indicating the primary materials 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.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.22.065 - Commercial business education and outreach requirements.¶
A. All commercial business owners are required to:
Excluding multi-family residential dwellings, to the extent practical through education, training, inspection, and other measures, prohibit employees from placing materials in a container not designated for those materials per the recycling container, compost container, and garbage container collection service.
Excluding multi-family residential dwellings, semi-annually inspect recycling containers, compost containers, and garbage containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.
Including multi-family residential dwellings, annually provide information to employees, contractors, tenants, building residents, and customers about organic waste recovery requirements and about proper sorting of organic waste and recyclable materials. A copy of such instructions must be provided to the solid waste officer, upon request.
Including multi-family residential dwellings, provide information before or within fourteen days of new occupation of the premises to new tenants and no less than fourteen days before tenants move out of the premises, unless a tenant does not provide fourteen or more days' notice to before moving out, that describes requirements to keep compost container organic waste and recyclable materials separate from each other and from garbage, the location of containers, and the rules governing their use at the premises.
Including multi-family residential dwellings, prominently post and maintain one or more signs where recyclable materials and organic waste are collected and stored that set forth what materials are required to be source separated, in addition to collection procedures for such materials.
Provide or arrange access for city employees or agents to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.
Accommodate and cooperate with city's remote monitoring program in coordination with the franchised hauler, for inspection of the contents of containers for prohibited container contaminants, which may be implemented by the city at a later date, to evaluate generator's compliance with this chapter. The remote monitoring program involves installation of remote monitoring equipment on or in the garbage, recyclable material and compost containers.
At a commercial business's option and subject to any approval required from the city, implement a remote monitoring program for Inspection of the contents of its garbage, recyclable material containers, and compost containers, for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants.
If a commercial business wants to self-haul, meet the self-hauler requirements in this chapter.
Nothing is this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
Commercial businesses that are tier one or tier two commercial edible food generators must comply with food recovery requirements under Part IV of this chapter.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.070 - Containers.¶
A. Franchisee Provided. Each franchisee must provide and maintain containers for the temporary storage and disposal of garbage, recyclable materials and organic waste for the customers of the franchisee.
B. General Requirements. Containers utilized for the temporary storage of solid waste generated on any lot must be capable of holding without spilling, leaking or emitting excessive odors, all solid waste, which would ordinarily accumulate on the premises between the time of two successive collections. The size of the container must be consistent with city regulations or the provisions of the applicable franchise agreement.
C. Maintenance. The responsible person for each residential or commercial premises must maintain all containers on the premises in a sanitary condition.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.080 - Use and placement of containers and bulky items.¶
A. General. No person may place for collection any container not in conformance with the types of containers designated by the solid waste collector. No person may place or cause to be placed for collection bulky items or any container containing solid waste, at any place or in any manner other than as provided in this chapter or as authorized in a franchise agreement approved under this chapter. Bulky items may be placed at the same locations as solid waste required to be placed for collection within a container.
B. Time of Placement. No person may place a container adjacent to a street or public right-of-way before 4:00 p.m. on the day before the regularly scheduled collection day, nor may any person place any bulky items adjacent to a street or public right-of-way before 4:00 p.m. on the day before the collection day set by the solid waste collector. All containers or bulky items must be placed in a proper collection location by 6:30 a.m. on the day of collection.
C. Location of Placement. Any container or bulky items permitted to be placed for collection adjacent to a street, must be placed behind but as close to the curbline or the street right-of-way line as practicable. Any such container or bulky items permitted to be placed for collection adjacent to an alley, must be placed on the lot, as close to the right-of-way line of the alley as practicable.
D. Return to Storage Location. After the collection of solid waste, each container must be promptly removed by no later than 8:00 p.m. on the regular collection day, and returned to a location on the lot where the container cannot be viewed from the street.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.090 - Removal of containers.¶
No person, other than a responsible person or a solid waste collector, may remove or move any container from the location where the container was placed for storage or collection without the prior written approval of the responsible person.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.100 - Waivers¶
A. De Minimis Waivers. The designee solid waste officer may waive commercial business' obligation to comply with some or all of the organic waste and recycling collection service requirements of this chapter if documentation is provided demonstrating that the commercial business generates below a certain amount of organic waste material, (de minimis) as described below.
A commercial business requesting a de minimis waiver must:
Submit an application to the solid waste officer specifying the service or requirements for which it is requesting a waiver. The applicant must supply all required proof of qualifications in writing together with the application submittal. Applicants may be required to provide information in forms provided by the city. Applicants are subject to one or more site inspection(s) prior to approval of a waiver.
Provide documentation with the de minimis waiver application that either:
i. The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a recycling container or compost container comprises less than twenty gallons per week per applicable container of the business' total waste; or,
ii. The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a recycling container or compost container comprises less than ten gallons per week per applicable container of the business' total waste.
For the purposes of subsections (2)(i) and (ii) above, total solid waste must be the sum of weekly garbage, source separated recyclable materials, and source separated compost container organic waste measured in cubic yards.
If the de minimis waiver is granted, notify the solid waste officer granting the waiver if circumstances change such that the conditions under which the waiver was granted are no longer being met, in which case the waiver will be rescinded.
If the waiver is granted, provide written verification of continued eligibility for de minimis waiver to the solid waste officer every five years.
B. Physical Space Waivers. The solid waste officer, may waive a commercial business' obligation to comply with some or all of the organic waste collection service requirements of this chapter if the enforcement officer has evidence from a licensed contractor, licensed architect, licensed engineer, or other person authorized by the enforcement officer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection service requirements set forth in this chapter.
A commercial business requesting a physical space waiver must:
Submit an application to the solid waste officer specifying the service or requirements for which it is requesting a waiver.
Provide documentation with the application for a physical space waiver that the premises lacks adequate space for recycling containers or compost containers, which must include documentation from its licensed contractor, licensed architect, licensed engineer, or other person deemed qualified to render such opinion by the solid waste officer.
Upon the determination of the solid waste officer, a written notification of the approval or denial of a waiver must be issued to the applicant.
C. Changed Circumstances. If the waiver is granted, the commercial business must notify the solid waste officer, granting the waiver if the commercial business' physical space configurations or amounts of solid waste generation change, in which case the waiver may be rescinded.
D. Continued Verification. If the waiver is granted, the commercial business must provide written verification to the solid waste officer of continued eligibility for a physical space waiver every five years.
E. Change of Ownership. Change of ownership of a premises automatically revokes a waiver and the new owner must comply with this chapter or obtain its own waiver.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.110 - Scavenging prohibited.¶
No person other than a responsible person or such person's authorized employees or agents may remove, interfere with, disturb, or otherwise scavenge any solid waste, green waste, or recyclable materials once placed in the applicable container for temporary storage and collection.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.120 - Clean up responsibility.¶
A. At Commercial and Residential Premises. Until solid waste has been collected by a solid waste collector, the responsible person of each commercial and residential premises in the city is responsible for the cleanup of any and all solid waste generated, deposited, allowed, released, spilled, leaked, discharged, injected, dumped or disposed, or which otherwise has come to be located outside an authorized container at the applicable premises. This cleanup responsibility includes the cleanup of solid waste, recyclables, and green waste, which has come to be located outside an authorized container, notwithstanding human or animal interference with a container, or wind or other natural forces, during storage or removal of the solid waste.
B. During Transport. Any person transporting solid waste within the city must clean up immediately, or arrange for the immediate cleanup, of any solid waste released, spilled or dumped during collection, removal or transport.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.130 - Burning of solid waste prohibited.¶
No person may cause or permit the burning of any solid waste, hazardous waste, or medical waste within the city.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.140 - Commingling of organic waste with other forms of solid waste prohibited.¶
No person may place or cause to be placed for collection organic waste in any container designated for the collection of any other form of solid waste.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.150 - Unauthorized disposal in another person's container prohibited.¶
No person may place solid waste in or otherwise use the solid waste or recyclables or green waste container of another without the permission of such other person.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.160 - Unlawful dumping prohibited.¶
No person may dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury, or dispose into the environment (including by abandonment or discarding of barrels, containers, and other closed receptacles) any solid waste upon any premises within the city, or cause, suffer, or permit any solid waste to come to be located upon any premises in the city, except in an authorized or permitted container or at an authorized or permitted solid waste collection facility.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.170 - Collection of solid waste without a franchise or permit prohibited.¶
No person may collect any solid waste from any premises within the city except as provided for in this chapter. Each day that any person other than a city approved solid waste collector collects any solid waste from any commercial premises or residential premises within the city constitutes a separate offense for which such person may be cited.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.180 - Residential composting.¶
The provisions of this chapter do not prohibit active composting in containers on residential premises, unless such composting is otherwise expressly prohibited under other provisions of this Code.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.190 - Additional regulations and policies.¶
In addition to the requirements of this chapter and the provisions of a franchise agreement, the city manager may issue written regulations and policies to implement the provisions of this chapter.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
II. - FRANCHISE REGULATIONS¶
8.20.200 - Residential solid waste franchise.¶
The city council periodically may award an exclusive residential solid waste franchise to a qualified solid waste collector that authorizes such franchisee to collect, transport, and dispose of all solid waste generated from all residential premises except as provided under Sections 8.20.040 and 8.20.050. The franchisee under a residential franchise must also provide residential roll-off service upon the request of any responsible person.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.210 - Commercial solid waste franchise.¶
A. Commercial Franchise. The city council may periodically award an exclusive commercial solid waste franchise to a qualified solid waste collector authorizing such franchisee to collect, transport, and dispose of all commercial solid waste generated from all commercial premises except:(1) as authorized under Sections 8.20.040 and 8.20.050; or (3) as otherwise permitted by other applicable law.
B. Roll-off Franchises. The city council may periodically award an exclusive roll-off franchise to a qualified solid waste collector authorizing such franchisee to collect, transport, and dispose of commercial solid waste generated from any commercial premises, at the request of a responsible person.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.220 - Form of franchise.¶
Each franchise awarded under this chapter must be in the form of a written franchise agreement that is approved by the city council.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.230 - Fees and charges.¶
The city may impose fees and charges upon solid waste collectors for costs related to use of the city's right-of-way, and solid waste, recyclable, green waste, and organic waste planning and program development, and administration. Such fees may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements, and integrated waste management plans. The city may collect such fees and charges by such means as the city council may elect, except that the city may not collect such fees and charges by recording a lien against any real property.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.240 - Other requirements for franchised haulers and facility operators.¶
A. Exclusive franchised hauler(s) providing residential or commercial organic waste collection services to generators within the city's boundaries must meet the following requirements as a condition of their agreement with the city to collect organic waste:
Through written notice to the city annually on or before July 1, 2022, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated organic waste.
Transport source separated recyclable materials to a facility that recycles those materials and source separated organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
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 construction and demolition waste in a manner that complies with 14 CCR Section 18989.1.
Exclusive franchised hauler(s) authorization to collect organic waste must comply with any education, equipment, signage, container labeling, container color, contamination, monitoring, and reporting requirements relating to the collection of organic waste contained within its franchise agreement.
B. Requirements for facility operators and community composting operations:
Community composting operators, upon city request, must 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 must respond to the city's request for information within sixty days.
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 must, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city must respond to the city's request for information within sixty days.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
III. - LIABILITY FOR CHARGES AND FEES¶
8.20.300 - Liability for collection charges and fees.¶
The responsible person for each residential and commercial premise is liable directly to the solid waste collector for all applicable fees and charges pertaining to the applicable collection service.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.310 - Rates and charges.¶
A solid waste collector may establish, charge, and collect customer rates and charges as compensation for services related to collecting, handling, transporting, or disposing of solid waste, subject to the regulations provided in this chapter and other restrictions imposed by the city council as conditions of approval of a franchise to provide solid waste collection services.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
IV. - EDIBLE FOOD RECOVERY REQUIREMENTS¶
8.20.400 - Requirements for commercial edible food generators.¶
A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, must 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 must comply with the following requirements:
Arrange to recover the maximum amount of edible food that would otherwise be disposed.
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.
Must not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
Allow city employees or agents access the premises and the review of records pursuant to 14 CCR Section 18991.4.
Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(a) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(b) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(c) A record of the following information for each of those food recovery services or food recovery organizations:
(i) The name, address and contact information of the food recovery service or food recovery organization.
(ii) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
(iii) The established frequency that food will be collected or self- hauled.
(iv) 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.
D. Commencing no later than July 1, 2022 for tier one commercial edible food generators and July 1, 2024 for tier two commercial edible food generators provide an annual food recovery report, every July 1 st , to the city that includes the records listed in this section.
E. Nothing in this chapter will 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 Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and Section 114079 of the Health and Safety Code, relating to food safety.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.410 - Requirements for food recovery organizations and services.¶
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), must maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
The quantity in pounds of edible food collected from each commercial edible food generator per month.
The quantity in pounds of edible food transported to each food recovery organization per month.
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), must maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
The quantity in pounds of edible food received from each commercial edible food generator per month.
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 must 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 Section 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 Section 18991.3(b) must report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than July 1 st of each year.
E. In order to support edible food recovery capacity planning assessments or other studies conducted by the city or county, or its designated agent, food recovery services and food recovery organizations operating in the city must 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 must respond to such request for information within sixty days, unless a shorter timeframe is otherwise specified by the city.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
V. - INSPECTIONS AND ENFORCEMENT¶
8.20.500 - Inspections and investigations.¶
A. City employees and agents 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 city employees or agents to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with this chapter, the city may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses must accommodate and cooperate with the remote monitoring.
B. 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 must provide or arrange for access during all inspections (with the exception of residential property interiors) and must cooperate with the city's employee or agents 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; (ii) installation and operation of remote monitoring equipment; or (iii) access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described.
C. City employees and agents are authorized to conduct any inspections, remote monitoring, or other investigations of 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 as reasonably necessary to further the goals of this chapter, subject to applicable laws.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
8.20.510 - Enforcement.¶
Any person violating any of the provisions of this chapter may be charged with an infraction or misdemeanor pursuant to Chapter 1.24 (General Penalty) of this Code.
Alternatively, any violation of this chapter may be subject to administrative citation pursuant to Chapter 1.25 (Administrative Citation) of this Code. Such remedies are in addition any other remedy available to the city under the law or at equity.
(Ord. No. 740, § 3(Exh. A), 3-22-2022)
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