Rosemead Municipal Code Ch. 8.32 Solid Waste and Recycling

Footnotes:

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Editor's note— Ord. 1006, § 1, adopted January 11, 2022, changed the title of this chapter from Garbage and Rubbish Disposal to Solid Waste and Recycling.

The City Council does find and determine that the storage, accumulation, collection, and disposal of garbage, trash, rubbish, debris, and other discarded matter, goods and materials is a matter of great public concern, in that improper control of such matters can lead to air pollution, fire hazards, insect breeding and rat infestation and other problems affecting the health, welfare and safety of the residents of this and surrounding cities. The City Council further declares the following:

A. Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

B. Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires the City of Rosemead to implement a mandatory commercial recycling program.

C. Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires the City of Rosemead to implement a recycling program to divert organic waste from businesses subject to the law, and requires the City of Rosemead to implement a mandatory commercial organics recycling program.

D. SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities, including the City of Rosemead, residential households, commercial businesses, and business owners, commercial edible food generators, haulers, food recovery organizations, and food recovery services to support the achievement of statewide organic waste disposal reduction targets.

E. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the City of Rosemead to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This chapter will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food that would otherwise be disposed, be recovered for human consumption.

F. The mandates of the Southern California Air Quality Management District and other regulatory agencies concerning air pollution and traffic congestion management require the regulation and, where possible, reduction in the number of waste collection vehicles and vehicle trips that cause the discharge of air contaminants and create air pollution.

G. A reduction in the number of waste collection vehicles using the City streets daily will reduce traffic hazards and congestion, extend the life of the streets, and promote safety.

H. The regulation of solid waste collection services in the City will also promote public health, safety and welfare by requiring the use of newer and safer vehicles, the regular maintenance of those vehicles, and the reduction of spillage and litter on the public streets, by establishing responsibility for the cleaning of refuse bins and containers, and by providing for accountability to the public.

I. The public health, safety and welfare will best be served by providing for one or more exclusive contracts for residential and commercial solid waste collection services, subject to the limited rights of state facilities to use a collector other than the collector with an exclusive contract.

J. This chapter is enacted by the City Council pursuant to the following statutory authorization and in order to accomplish the objectives set forth in this chapter:

1. Public Resources Code Section 40059 authorizes the City to determine:

a. All aspects of solid waste collection which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste collection services; and

b. Whether the services are to be provided by means of a nonexclusive contract, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety and well-being so require, by partially exclusive or wholly exclusive contract, contract, license, permit, or otherwise, either with or without competitive bidding.

2. Public Resources Code Section 49300 provides that the City may, pursuant to terms and conditions as may be prescribed by its legislative body, contract for the collecting or disposal, or both, of garbage, waste, refuse, offal, trimmings, or other refuse matter.

3. Public Resources Code Section 49501 provides that the City may take action, whether by franchise, contract, license, permit, or otherwise, whereby the City itself, or one or more other local agencies or solid waste enterprises is authorized or permitted to have the exclusive right to provide solid waste collection services of any class or type within all or any part of the territory of the City.

4. It is the intent of this chapter to set forth terms and conditions pursuant to which authorization may be granted by the City Council to provide solid waste handling services, and to promote the public health, welfare and safety of the community by establishing reasonable regulations relating to the storage, accumulation, collection and disposal of garbage, trash, rubbish, debris and other discarded matter, goods and material.

(Ord. No. 930, § 2, 5-14-13; Ord. 1006, § 2, 1-11-22)

The following terms have the meaning as set forth below:

"Bin" or "Bins" means those open-top rectangular metal containers provided by contractor, with wheels, with or without plastic or metal lids, used for collection and storage of municipal solid waste, recyclable materials, green waste, construction and demolition debris, or other materials to be collected by contractor. Typical sizes of bins include one and one-half, two, three, four and six cubic yards. Bins are collected by a front load vehicle equipped with metal forks that are inserted into metal channels on either side of the bin in order to lift bin, empty the contents into the body of the vehicle, and return the bin to the ground.

"Blue Container" has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.

"Box" means a large open-top rectangular metal containers used to store and transport municipal solid waste, recyclable materials, green waste, construction and demolition debris, or other materials, collected using a special vehicle equipped with hooks and a winch to pull the box onto the flatbed of the truck for transport.

"Bulky Items" means furniture, household appliances, carpets, mattresses, automobile tires, shipping crates and containers, oversized yard waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length, and other large bulky or heavy objects not normally discarded on a regular basis at residential, commercial or business establishments. Bulky items do not include construction/demolition debris or consumer electronics, such as televisions, radios, computers and monitors which are regarded as universal waste electronic devices, the disposal of which is governed by the Department of Toxic Substances Control.

"CalRecycle" means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on jurisdictions (and others).

"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

"City" means the City of Rosemead, California, and all of the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified.

"City Representative" means the Director of Public Works, or designee, authorized to administer and enforce the provisions of this chapter.

"Collection" means the taking of physical possession of municipal solid waste or recyclable materials from customer premises and transporting it to the materials recovery facility, compost facility, construction demolition and debris processing facility, or landfill.

"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 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 Edible Food Generator" includes a tier one or a tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.

"Compliance Review" means a review of records by the City of Rosemead to determine compliance with this chapter.

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

"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time.

"Construction and Demolition Materials" or "C&D Materials" means discarded building materials, "inert wastes" as defined in Public Resources Code section 41821.3(a)(1) (rock, concrete, brick, sand, soil ceramics and cured asphalt), recyclable construction and demolition materials, packaging, plaster, drywall, rubble resulting from construction, remodeling, repair and demolition operations, but does not include asbestos-containing materials.

"Container" means cart, bin, or debris box.

"Contractor" means any person, firm, business or corporation with whom the City may have a contract or to whom the City has granted a franchise for the collection, removal and disposal of garbage, waste or rubbish in the city. Contractor shall have the same meaning as "designee" for the purposes of this chapter.

"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).

"Designee" means an entity that the City of Rosemead contracts with or otherwise arranges to carry out any of the City of Rosemead's responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities. "Designee" shall have the same meaning as "contractor" for the purposes of this chapter.

"Customer" means the owner, occupant or user of premises at which municipal solid waste or recyclable materials are generated and then collected by contractor. Customers include residential customers, multifamily customers, and commercial customers.

"Disposal" means the burying of municipal solid waste at a permitted landfill or transformation at a permitted facility as further defined in Section 40192 of the California Public Resources Code.

"Disposal Site" means such place or places specifically designated by the contractor for the disposal, or processing as appropriate, of municipal solid waste and other materials as appropriate.

"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 by the City of Rosemead to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"Enforcement Official" means the City Manager or their authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter. For purposes of this chapter, the "enforcement official" shall have the same meaning as "city representative".

"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 of Rosemead and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in class III landfills or accepted at the facility by permit conditions, waste that in the City of Rosemead, or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

"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:

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.

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). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

"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 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).

"Franchise" means the exclusive right and privilege granted by agreement. For the purposes of this section, "franchise" shall be the instrument or agreement issued by the City of Rosemead and held by the "designee".

"Gray Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of gray container waste.

"Gray Container Waste" means solid waste that is collected in a gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). Gray container waste may specifically include carpet, non-compostable paper and textiles.

"Green Container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

"Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

"Hauler Route" means the designated itinerary or sequence of stops for each segment of the City of Rosemead's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

"Hazardous Waste" means any waste materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Carpenter-Presley-Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health & Safety Code § 25300 et seq.; the Electronic Waste Recycling Act of 2003 (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes of 2004; AB 575, Wolk, Chapter 59, Statutes of 2011), laws governing universal waste, including, but not limited to, universal waste electronics devices ("UWED"), non-empty aerosol cans, fluorescent tubes, high-intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries, alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury-containing switches, and all future amendments to any of them, or as defined by CalRecycle or the Department of Toxic Substances Control, or by their respective successor agencies. 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" shall be construed to have the broader, more encompassing definition.

"High Diversion Organic Waste Processing Facility" has the same meaning as defined in 14 CCR Section 18982(a)(33).

"Householder" means a person owning, renting or otherwise holding and occupying a house or place of abode, including a trailer, apartment or motel unit with kitchen, singly or with his or her family.

"Household Hazardous Waste" means materials generated at the premises of residential or multifamily customers that cannot be lawfully deposited in a landfill, such as dry cell household batteries; cell phones and PDAs; used motor oil; used oil filters, fluorescent light bulbs; E-waste; cleaning products, pesticides, herbicides, insecticides, and certain paints, automotive products, solvents, stripper, adhesives, and universal waste.

"Inspection" means a site visit where the City of Rosemead 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 (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply.

"Large Venue" means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply.

"Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of City or County regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

"Miscellaneous Debris" shall be deemed to include any and all trash, rubbish, debris or other abandoned or discarded materials not otherwise provided for under the foregoing definitions, or as expressly excepted therefrom, except dead small animals, animal excreta and garbage.

"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.

"MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

"Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

"Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

"Notice of Violation (NOV)" means a notice that a violation of this chapter has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

"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" 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).

"Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

"Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

"Prohibited Container Contaminants" means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the City of Rosemead's blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the City of Rosemead's green container; (iii) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in the City of Rosemead's green container and/or blue container; and, (iv) excluded waste placed in any container.

"Recovered Organic Waste Products" means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

"Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

"Recycled-Content Paper" means paper products and printing and writing paper that consists of at least thirty (30) percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

"Remote Monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray 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).

"Route Review" means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR 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, for the purposes of this chapter, 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.

"Scavenging" means the unauthorized removal of recyclable materials. Scavenging is prohibited by Public Resources Code section 41950.

"Self-Hauler" means a person, who, in compliance with all applicable requirements of the City of Rosemead Municipal Code, hauls solid waste, organic waste or recyclable material he or she has generated directly to the appropriate facility, as required by this chapter. 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).

"Self-Haul Permittee" means a householder who holds a valid self-haul permit from the City.

"Single-Family" means of, from, or pertaining to any residential premises with fewer than five units.

"Solid Waste" has the same meaning as defined in State Public Resources Code Section 40191.

"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 shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste or other solid waste for the purposes of collection and processing.

"Source Separated Blue Container Organic Waste" means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).

"Source Separated Green Container Organic Waste" means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.

"Source Separated Recyclable Materials" means source separated non-organic recyclables and source separated blue container organic waste.

"State" means the State of California.

"Streets" shall mean all dedicated public rights-of-way within the existing or future corporate limits of the City.

"Storage" includes the accumulating, maintaining, dumping, abandoning, storing, collecting or other gathering, stacking or piling, other than in a mercantile building or in a dwelling unit, which latter places shall be regulated by the Fire Prevention Code.

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

"Tier One Commercial Edible Food Generator" means a commercial edible food generator that is one of the following:

A. Supermarket.

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

C. Food service provider.

D. Food distributor.

E. Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply.

"Tier Two Commercial Edible Food Generator" means a commercial edible food generator that is one of the following:

A. Restaurant with two hundred (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.

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

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

D. Large venue.

E. Large event.

F. A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

G. A local education agency facility with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply.

"Universal Waste" means and includes, but is not limited to, universal waste electronic devices" or "UWEDs," (i.e., electronic devices subject to the regulation of the Department of Toxic Substances Control, 23 CCR §§ 66273.1, et seq.), and other universal wastes, including, but not limited to, non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, and mercury-containing switches.

"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).

"Work days" means the days Monday through Friday, during the hours of 7:00 a.m. to 5:00 p.m., which is the general period contractor provides regular collection services.

(Ord. No. 930, § 2, 5-14-13; Ord. 1006, § 3, 1-11-22)

A. To protect public health, safety and well-being and to prevent the spread of vectors, it is unlawful and a public nuisance for any person to occupy, inhabit, maintain, or to be in day-to-day control of any premises within the City for which arrangements have not been made for regular collection and removal services for solid waste.

B. It shall be the duty of residential and commercial customers to utilize containers as provided by the city's contractor except for large, bulky items placed for collection consistent with the requirements of the Contractor. Except when placed for collection as otherwise provided herein, no container shall be placed in any area, street, parkway or other public place or upon any private lot or parcel of land other than in the rear or side yard of improved lots. Such containers shall be placed by the residential or commercial customer not earlier than 6:00 p.m. of the day preceding collection and shall be removed from the collection place not later than 12:00 a.m. on the day after collection.

C. Residential customers:

1. When the residential customer's property is contiguous to a public alley; all containers shall be placed at the alley property line in one and the same location;

2. When the residential customer's property is not contiguous to a public alley; all containers shall be placed in the public parkway or at the curb line in one and the same location.

D. Commercial customers and multifamily dwellings:

1. When the rear or side of the establishment is accessible to contractor's equipment and when personal injury or property damage is unlikely to result from the operation of contractor's equipment; all containers and articles for collection shall be placed at the rear, or when appropriate, at the side of the establishment in one and the same location;

2. When the rear or side of the establishment is inaccessible to contractor's equipment or when personal injury or property damage is likely to result from the operation of contractor's equipment; all containers and articles for collection shall be placed in the public parkway or curbside at one and the same location.

E. Temporary bin or box service. The city's contractor(s) is/are the exclusive franchised provider(s) and the only hauler(s) authorized to provide regularly scheduled and one-time special container (bin or roll-off) service to any residential or commercial premises requesting such service, provided however, that any contractor(s) or other person may haul, in their own trucks, and properly dispose of any debris from a jobsite in the city. If the contractor(s) or other person utilizes a waste hauling service, he must utilize the services of the city's franchisee.

1. Encroachment permit required. Upon rental of a temporary bin or box, such residential or commercial premises requesting such service shall be required to obtain a City encroachment permit and pay an encroachment permit fee to temporarily place the bin or box in the public right-of-way.

(Ord. No. 930, § 2, 5-14-13; Ord. 1006, § 4, 1-11-22)

Miscellaneous debris, unless accumulated or stored in containers as hereinabove provided, shall be stored or accumulated only in stacks or piles not in excess of two cubic yards total, which stacks or piles shall be:

A. Separated from any other stack or pile and from any building, structure or other combustible material by a sufficient distance so as not to create a fire hazard, provided that in any event such separation shall at all times be not less than five feet;

B. Shall not be located in any street, alley, parkway or other public place or in, or upon any vacant or unimproved lot; and

C. Shall be located only in the rear or side yards of improved lots in a place shielded from winds which may scatter the same and also shielded from the view of neighboring properties and streets.

(Ord. No. 930, § 2, 5-14-13)

Other than as hereinabove set forth it is unlawful for any person to dump or otherwise dispose of or to store or accumulate any Municipal Solid Waste garbage, combustible or noncombustible rubbish, miscellaneous debris or combined rubbish on any private property in the city, except that the storage of leaves, grass clippings and the like may be permitted for the purpose of composting. The following rules and regulations are prescribed as health and safety precautions for composting, and violation of any such rules or regulations shall be deemed to constitute a misdemeanor.

A. Location. Composting shall be located in rear or side yards of improved lots only, and shall not be located in any street, alley, parkway or other place, or in or upon any private unimproved lot, unless such lot adjoins the improved property of the owner thereof.

B. Contents. Composting shall consist only of organic waste materials such as leaves, small twigs, grass clippings and other vegetable matter except garbage.

C. Receptacles. Composting shall be contained and maintained in either:

1. A pit, hole or other earth depression excavated for such purpose; in which case the contents shall always be maintained below natural surrounding ground level;

2. Shall be maintained in plastic, metal, or wood containers not in excess of three feet in height. Such receptacles or pits shall not be maintained within five feet of any property line or structure. Composting may also be maintained in open stacks or piles not in excess of three feet in height but only in the event such stacks or piles are maintained not less than fifty (50) feet from any property line or structure.

D. Covering and maintenance. Composting must at all times be covered with at least one-half inch of soil, or other non-organic or chemical covering, first approved by the City Representative, designed to prevent the harboring of rodents, the breeding of flies and the emission of odors. All composting must be kept moist at all times until decomposition is completed.

E. Miscellaneous rules. No hardwood branches, second season growth, or other twigs, limbs or branches in excess of one-fourth inch in diameter or two feet in length shall be permitted in any composting.

(Ord. No. 930, § 2, 5-14-13)

Except as otherwise provided in this Chapter, it is unlawful for any person to dump, discard, abandon or otherwise deposit any Municipal Solid Waste in or upon any public or private property within the City, including any vacant lot or in, on or upon any public street, alley, parkway, park or other public place or in or upon any floodwater channel, any channel or structure tributary to any floodwater channel, any easement or right-of-way for floodwater channel purposes, or in or upon any place in the city where the natural flow of stormwater might carry the same to any such floodwater channel or structure.

(Ord. No. 930, § 2, 5-14-13)

It is unlawful for any person to store or accumulate any Municipal Solid Waste, in any container or at any location other than as hereinabove set forth, or for any length of time other than as follows:

A. Municipal solid waste shall not be accumulated or stored for a period of time in excess of:

1. Commercial zone areas: Forty-eight (48) hours. (Sundays and holidays excepted)

2. All other areas: One week.

B. Combustible or noncombustible rubbish and miscellaneous debris shall not be stored or accumulated for a period of time in excess of one week.

C. Combined rubbish shall not be accumulated or stored for a period of time in excess of:

1. Commercial zone areas: Forty-eight (48) hours. (Sundays and holidays excepted)

2. All other areas: One week.

D. The above periods of time which end in any week in which a holiday occurs are extended one additional day.

(Ord. No. 930, § 2, 5-14-13)

A. Except as otherwise provided in this Chapter, it is unlawful for any person other than the contractor as defined in this Chapter, or the City, to gather, collect or remove, any Municipal Solid Waste garbage or rubbish from any residential or commercial premises within the City, or to tamper with, injure, destroy or remove any bin, container, or any other equipment used for refuse storage.

B. Exclusions. In all cases where the right to an exclusion pursuant to this Chapter is exercised, disposal shall be made at a transfer station, material recovery facility, landfill, or other waste processing or disposal facility which meets all applicable regulatory requirements and may include the following:

1. Gardeners, roofers, and other "niche" recycling services.

2. Self-hauling. Upon request, a householder may apply for a permit to self-haul municipal solid waste, recyclable materials, bulky waste and green waste. Such permit will be issued as defined in Section 8.32.090 and include a fee as described in the City's fee schedule.

3. Vacant properties. Any owner of vacant property who does not use the solid waste collection services offered by the contractor, for the period of time the property is vacant. Vacant property means any real property in the City which, for a period of thirty (30) days or longer, shows no activity on the water meter.

(Ord. No. 930, § 2, 5-14-13)

A. Permit Required. Every householder, commercial business, or generator, who desires to self-haul in lieu of making arrangements for the collection of solid waste, recyclables and compostables, shall obtain a self-haul permit prior to commencing self-hauling.

B. Term. 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 31, and may be renewed annually. An application for a renewal permit shall be filed at least sixty (60) days prior to the expiration date of the permit to allow adequate time for processing, inspection and verifications required to issue the permit.

C. Issuance of Permit. The City shall deem an application complete upon the production of the items listed 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 solid waste, recyclables and compostables, and the vehicle meets the following standards:

a. The vehicle has the capacity to haul a minimum of thirty-two (32) gallons (four and three-tenths cubic feet) of solid waste, recyclables or compostables;

b. The vehicle is capable of safely hauling solid waste, 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 solid waste, 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 solid waste, 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 (100) percent of the permit fee; permits issued between April 1 and June 30 shall pay seventy-five (75) percent of the permit fee; permits issued between July 1 and September 30 shall pay fifty (50) percent of the permit fee; permits issued between October 1 and December 31 shall pay twenty-five (25) percent of the permit fee.

D. Appeal of Denial. An applicant whose application for a self-hauling permit has been denied may appeal that decision. An appeal may be filed with the City Clerk within ten (10) 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.

E. Operational Standards.

1. Self-haul permittees shall dispose of Municipal 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 Municipal Solid Waste disposal for each week that a person is permitted to self-haul shall constitute a public health and safety nuisance sufficient to permit City to revoke the permittees' self-hauling permit.

2. Self-haul permittees must notify the City of any change in the vehicle being used to haul solid waste, recyclables or compostables by the permittee. Self-haul permittees shall bring the new vehicle in for an inspection and demonstrate compliance with items 2. through 6. of paragraph C. of this Section before the new vehicle is used to haul any materials under the permit.

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

4. Self-haul permittees shall separate and bag Municipal Solid Waste.

5. Self-haul permittees shall be liable for any damages and clean-up costs resulting from any solid waste, recyclables or compostables spilling, leaking, dripping, blowing, scattering or falling during the course of the permittees' self-hauling activity.

F. Revocation of Permit. The permit shall be subject to revocation if the self-haul 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 ten (10) 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. 930, § 2, 5-14-13; Ord. 1006, § 5, 1-11-22)

The City may from time to time enter into contracts or exclusive, non-exclusive or partially exclusive franchise agreements regarding the collection of Municipal Solid Waste from commercial and residential property. So long as any such contract or franchise agreement remains in force, collection of the materials provided for therein may be made only in accordance with the terms and conditions thereof.

There are fees and charges for the collection, removal and disposal of Municipal Solid Waste within the City. Such fees and charges for such collection, removal and disposal services shall be those which are set by the Contractor and capped by the City as established by the terms and conditions of a franchise agreement approved by the City Council.

The occupant of each place or premises shall be primarily liable for payment of all such fees and charges. Should the occupant thereof fail to pay all such fees and charges before the same become delinquent, then and in such event the owner of such place or premises shall be liable for the payment of all such fees and charges, including any delinquency.

(Ord. No. 930, § 2, 5-14-13)

Every residential occupant or owner of property in the City shall be billed periodically in advance, either monthly or quarterly, by the contractor, for the charges incurred by the collection of garbage, rubbish and other refuse. Commercial accounts shall be billed to the customer on the first of the month for the previous month's service.

A. Should any residential customer fail, refuse or neglect to pay any such bill within sixty (60) days after the date that the same is rendered then in that event, a penalty may be applied as further described in the City's franchise agreement for collection services.

B. Should any commercial or multifamily customer fail, refuse or neglect to pay any such bill within thirty (30) days after the date that the same is rendered then in that event, a penalty equal may be applied as further described in the City's franchise agreement for collection services.

C. Should the residential, commercial or multifamily customer of any property in the city, fail or refuse to pay in accordance with the provisions hereinabove the fee assessed for the collection of Municipal Solid Waste, the failure to pay may not result in the noncollection of garbage, rubbish and other refuse. In the event that there is nonpayment, the contractor shall cause collection of such nonpayment to be made, including the expenses and charges of collection, including penalties.

D. The contractor shall make all reasonable efforts to diligently pursue and collect all fees and charges due the contractor for rendering such services. In event of delinquency, the contractor shall also notify, in writing, the owner of the property.

E. Any residential, commercial or multifamily customer, who has been billed for refuse collection service, and who desires to contest the extent, degree or reasonableness of the charges, shall make payment of such charges under protest and, at the same time, file a written statement of such protest to the contractor. Within thirty (30) days after the date of filing, the contractor shall notify the protestant of his or her findings and adjudication and adjustment in the matter.

(Ord. No. 930, § 2, 5-14-13)

A. No person shall, for hire, collect, gather, remove, transport or carry any Municipal Solid Waste from any premises in the City, over, on or through any public street, alley or parkway of the City without first having a City business license and franchise with the City to collect and remove the same. No such license shall be issued until the City Manager shall cause to have inspected and approved the collection vehicles.

B. The foregoing limitations set forth in this Section shall not apply to the hauling or disposal of grass clippings, prunings, trees and other discarded materials shall have been occasioned by and the hauling or disposal thereof is incidental to a separate and distinct business operation, such as that of tree trimmers, gardeners and builders.

C. No collector of garbage, combustible or noncombustible rubbish, miscellaneous debris or combined rubbish shall drop or spill or permit to be dropped or spilled any such matter on any private or public property in the city during the course of collection.

D. Collection shall not be conducted by any person other than between 6:00 a.m. and 5:00 p.m. nor shall collection be conducted on Sundays or legal holidays.

E. Each truck, van, trailer or other vehicle used for collection for hire shall bear the name of the owner or operator thereof set out legibly in letters not less than three inches in height and permanently imprinted on the exterior door or paneling in a place readily viewable, in contrasting color.

F. No collection vehicle shall remain stopped or standing on any public street for any period of time in excess of fifteen (15) minutes at any one location, without first having informed the Chief of Police or other officer designated by the City Council of the intention to do so.

G. Every collection vehicle shall comply with all laws, including the traffic regulations of this City, of the state of California, and of other applicable agencies.

H. No person shall collect, gather, remove, transport or carry any garbage, combustible or noncombustible rubbish, miscellaneous debris or combined rubbish for hire from any premises in the City over, on or through any public street, alley or parkway of the City without first having furnished satisfactory evidence to the City Manager that such person carries at all times public liability insurance with a company licensed to do business in the state of California covering liability for injuries or deaths and property damage, arising out of or in connection with the operations of such person, in an amount not less than ten million dollars ($10,000,000.00) aggregate and five million dollars ($5,000,000.00) per occurrence, per year. Coverage over one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate may be provided though an excess or umbrella policy. The City Clerk shall not issue any business license to any person who is subject to the foregoing requirements and who fails to comply therewith, and shall revoke any business license issued to any such person who so fails to comply.

(Ord. No. 930, § 2, 5-14-13)

It is unlawful for any person to bury any garbage, combustible or noncombustible rubbish, miscellaneous debris or combined rubbish or to place the same in any hole or excavation in the City, whether on private or public property. The sweeping, washing, or placing of leaves, clippings or similar debris into a public street or alley is prohibited.

(Ord. No. 930, § 2, 5-14-13)

The City Council declares that there may from time to time occur situations where unusual topography, land improvements, or other conditions exist on any residential or business lot which render some of the provisions of this Chapter unnecessary in order to provide adequate protection against air pollution, fire hazard, rat infestation, the breeding of flies, the orderly collection of rubbish, and other problems relating to the health, welfare and safety of the residents of this City.

It is therefore provided that any owner, manager, occupant or person in possession of any premises in this City may file an application with the City Manager for exemption or exception from any of the requirements of this Chapter. Such application shall be directed to the attention of the City Manager, who shall have the authority to grant such exceptions after endorsing on such application his or her findings as to the effect of such exceptions on the intent expressed in the legislative policy of this Chapter and as the same may relate to the orderly collection of rubbish within this City. Such exceptions may be granted by way of a special permit which shall be effective until revoked by action of the aforementioned City Manager, upon which revocation the provisions of this Chapter shall immediately be in force and effect with regard to such premises; provided, however, that no exemption or exception shall be granted as to Section 8.32.060 or 8.32.110.

(Ord. No. 930, § 2, 5-14-13)

Pursuant to the provisions of Chapters 5.04, 5.20, 5.24, 5.40, 5.44 and 5.48, Ordinance No. 5860 of the County of Los Angeles, entitled "An Ordinance Regulating and Licensing Business and Other Activities," is adopted as a part of this Code. To the extent that the provisions of this Chapter, or of any franchise agreement entered into with a contractor pursuant to the provisions of this Chapter shall conflict with said Ordinance No. 5860, the provision of this Chapter and of such franchise agreement shall control.

(Ord. No. 930, § 2, 5-14-13)

A. No person, other than employees or authorized contract agents of the City shall remove from any place or premises in the City, any recyclable material, as defined by Section 8.32.020, placed within the City's right-of-way or in the vicinity of any curb or refuse bin for collection. Violation of this provision shall be an infraction with a maximum fine of two hundred fifty dollars ($250.00.)

B. Removal. In the event the City determines that the condition or placement of a bin constitutes a dangerous condition or obstruction, or that a bin has been placed in the public right-of-way without a valid franchise, the City may cause the bin to be removed summarily and without a hearing. An administrative citation shall be served upon the person who owns the bin within twenty-four (24) hours of removal and if the owner cannot be identified, the bin shall be treated as abandoned property.

(Ord. No. 930, § 2, 5-14-13)

Single-family organic waste generators, except single-family generators that meet all applicable self-hauler requirements in this chapter and Chapter 8.32.090:

A. Shall subscribe to the City of Rosemead's three-container organic waste collection services. The City of Rosemead shall have the right to review the number, size, and location of a generator's containers to evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, the generator shall adjust its service level for its collection services as requested by the City of Rosemead.

B. Shall participate in the City of Rosemead's three-container system for source separated recyclable materials, source separated green container organic waste, and gray container waste collection services. Generator participation in the collection programs requires that generators place only approved materials in the appropriate colored containers. Generators shall not place materials designated for the gray container into the green container or blue container. Notwithstanding the above, and in accordance with the SB 1383 Regulations, the City of Rosemead 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 chapter and the regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on the containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until SB 1383 compliant colored containers are provided (blue container, green container, and gray container), single-family waste generators shall comply with the container label requirements.

C. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(Ord. 1006, § 4, 1-11-22)

Commercial businesses, which includes multi-family residential dwellings, shall:

A. Except commercial businesses that meet all applicable self-hauler requirements in this chapter and Chapter 8.32.090, subscribe to the City of Rosemead's three-container organic waste collection services. The City of Rosemead shall have the right to review the number, size, and location of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial business shall adjust its service level for its collection services as requested by the City of Rosemead.

B. Except commercial businesses that meet all applicable self-hauler requirements in this chapter and Chapter 8.32.090, participate in and comply with the City of Rosemead's three-container (blue container, green container, and gray container) collection service by placing designated materials in designated containers. Generator shall place only approved materials in the appropriate colored containers. Generators shall not place materials designated for the gray container into the green container or blue container. Notwithstanding the above, and in accordance with the SB 1383 Regulations, the City of Rosemead 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 chapter and the regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on the containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until SB 1383 compliant colored containers are provided (blue container, green container, and gray container), commercial businesses shall comply with the container label requirements.

C. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections D.1. and D.2. below), for employees, contractors, tenants and customers, consistent with the City of Rosemead's blue container, green container, and gray container collection service, or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program.

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

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

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

E. Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement pursuant to 14 CCR Section 18984.9(b).

F. To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the City of Rosemead's blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program.

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

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

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

J. Provide or arrange access for the City of Rosemead or its agent to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.

K. If implemented, accommodate and cooperate with the City of Rosemead's Remote Monitoring Program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator's compliance with this chapter. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and/or gray containers.

L. If the commercial business wants to self-haul, meet all requirements of this chapter and Section 8.32.090.

M. Nothing in 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).

N. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements in this chapter.

(Ord. 1006, § 4, 1-11-22)

A. De Minimis Waivers. The City of Rosemead may, at its discretion, waive a commercial business' obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business:

1. Submits an application specifying the services that they are requesting a waiver from; and

2. Provides documentation that either:

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

b. The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten (10) gallons per week per applicable container of the business' total waste; and

3. Notifies the City of Rosemead if circumstances change such that commercial business's organic waste exceeds the threshold required for waiver, in which case waiver will be rescinded; and

4. Provides written verification of eligibility for de minimis waiver every five years, if the City of Rosemead has approved de minimis waiver.

B. Physical Space Waivers. The City of Rosemead may, at its discretion, waive a commercial business' or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the City of Rosemead has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter.

A commercial business or property owner may request a physical space waiver through the following process:

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

2. Provide documentation that the premises lack adequate space for blue containers and/or green containers, including documentation from its hauler, licensed architect, or licensed engineer.

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

C. Collection Frequency Waiver. The City of Rosemead, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City of Rosemead's three-container organic waste collection service to arrange for the collection of their blue container, gray container, or both once every fourteen (14) days, rather than once per week.

(Ord. 1006, § 4, 1-11-22)

A. Tier one commercial edible food generators must comply with the below requirements commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

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

C. Commercial edible food generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

2. Contract with, or enter into a written agreement with food recovery organizations or food recovery services for:

a. The collection of edible food for food 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 of Rosemead's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

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

a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

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

c. A record of the following information for each of those food recovery services or food recovery organizations:

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.

6. Commencing no later than January 1, 2022, for tier one commercial edible food generators and January 1, 2024, for tier two commercial edible food generators, commercial edible food generators shall provide a quarterly food recovery report to the City of Rosemead which includes the information required in 14 CCR Section 18991.4 "Record Keeping Requirements for Commercial Edible Food Generators."

D. 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. 1006, § 4, 1-11-22)

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

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

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

3. The quantity in pounds of edible food transported to each food recovery organization per month.

4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

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

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

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

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

C. Commencing January 1, 2022, food recovery organizations and food recovery services that have their primary address physically located in the City of Rosemead and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the City of Rosemead 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), as applicable.

D. Food Recovery Capacity Planning. In order to support edible food recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the City of Rosemead shall provide information and consultation to the City of Rosemead, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City of Rosemead and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City of Rosemead shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified by the City of Rosemead.

E. Commencing no later than January 1, 2022, food recovery services and organization shall provide a quarterly report to the City of Rosemead which includes the information required in 14 CCR Section 18991.5 "Food Recovery Services and Organizations."

(Ord. 1006, § 4, 1-11-22)

A. Requirements for Haulers.

1. The designee providing residential, commercial or industrial organic waste collection services to generators within the City of Rosemead's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City of Rosemead to collect organic waste:

a. Through written notice to the City of Rosemead annually on or before April 1, identify the facilities to which they will transport organic waste including the facilities for source separated recyclable materials and source separated green container organic waste, as applicable.

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

c. Obtain approval from the City of Rosemead to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting construction and demolition wastes in a manner that complies with 14 CCR Section 18989.1.

d. The designee shall comply with education, equipment, signage, container labelling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, as may be amended from time to time.

e. Notwithstanding any the foregoing, nothing in this chapter shall restrict or otherwise prohibit the designee from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time.

B. Requirements for Facility Operators and Community Composting Operations.

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

2. Community composting operators, upon City of Rosemead request, shall provide information to the City of Rosemead 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 of Rosemead shall respond within sixty (60) days.

(Ord. 1006, § 4, 1-11-22)

In addition to any other requirements for self-haulers as contained in Chapter 8.32.090:

A. Self-haulers shall source separate all recyclable materials and organic waste (materials that the City of Rosemead otherwise requires generators to separate for collection in the City of Rosemead'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, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

B. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

C. Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to Inspection by the City of Rosemead. The records shall include the following information:

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

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

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

D. Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in subsection C. to the City of Rosemead or its authorized designee or other representative, if requested.

(Ord. 1006, § 4, 1-11-22)

As applicable, all persons and/or entities subject to California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, shall comply with the following provisions of CALGreen, as amended July 1, 2019, and effective January 1, 2020:

A. Section 4.408.1 Construction Waste by Occupants Residential, Section 4.410.2 Recycling by Occupants Residential, Section 5.408.1 Construction Waste Management by Occupants Non-residential, and Section 5.410.1 Recycling by Occupants Non-residential.

B. For organic waste commingled with construction and demolition debris, Section 4.408.1 Construction Waste Management Residential and Section 5.408.1 Construction Waste Management non-residential.

If, after the adoption of this chapter, Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen are amended in a manner that requires the City of Rosemead to incorporate the requirements in an updated local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen shall be enforced.

(Ord. 1006, § 4, 1-11-22)

As applicable, all persons and/or entities subject to the MWELO shall comply with Sections 492.6(a)(3)(B), (a)(3)(C), (a)(3)(D), and (a)(3)(G), as amended September 15, 2015. The MWELO compliance items listed herein are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined herein shall consult the full MWELO for all requirements.

If, after the adoption of this chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (a)(3)(C), (a)(3)(D), and (a)(3)(G) of the MWWELO September 15, 2015 requirements in a manner that requires the City of Rosemead to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

(Ord. 1006, § 4, 1-11-22)

A. City of Rosemead departments, and direct service providers to the City of Rosemead, as applicable, must comply with the City of Rosemead's Recovered Organic Waste Product Procurement Policy and Recycled-Content Paper Procurement Policy.

B. All vendors providing paper products and printing and writing paper shall:

1. If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty (30) percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items.

2. Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the City of Rosemead. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

4. Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the City of Rosemead is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).

5. Provide records to the City of Rosemead or its designee, of all paper products and printing and writing paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the City of Rosemead. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsections B.3. and B.4. for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.

(Ord. 1006, § 4, 1-11-22)

A. City of Rosemead representatives and/or its designated entity, including designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter, subject to applicable laws. This section does not allow the City of Rosemead 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 of Rosemead may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring, where applicable.

B. Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with City of Rosemead employees or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment, where required; or (ii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

C. Any records obtained by a City of Rosemead during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

D. City of Rosemead representatives, its designated entity, and/or designee are authorized to conduct any inspections, remote monitoring or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

E. The City of Rosemead shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

(Ord. 1006, § 4, 1-11-22)

A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by an enforcement official or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The City of Rosemead's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant hereto, except as otherwise indicated.

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

C. Enforcement pursuant to this chapter may be undertaken by the enforcement official, which may be the City Manager, Public Works Director or their designated entity, legal counsel, or combination thereof.

D. Process for Enforcement.

1. Enforcement Officials and/or their designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program, which may include remote monitoring.

2. The City of Rosemead may issue an official notification to notify regulated entities of its obligations under this chapter.

3. For incidences of prohibited container contaminants found in containers, the jurisdiction will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provide via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within seven days after determining that a violation has occurred. If the City of Rosemead or its authorized designee observes prohibited container contaminants in a generator's containers on three consecutive occasions within a six-month time period, the City of Rosemead may assess contamination processing fees or contamination penalties on the generator.

4. With the exception of violations of generator contamination of container contents, the City of Rosemead shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.

5. Absent compliance by the respondent within the deadline set forth in the notice of violation, the City of Rosemead shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Municipal Code.

6. Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the City of Rosemead or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.

E. Penalty Amounts for Types of Violations.

1. For a first violation, the amount of the base penalty shall be fifty dollars ($50.00) per violation.

2. For a second violation, the amount of the base penalty shall be one hundred dollars ($100.00) per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty dollars ($250.00) per violation.

F. Compliance Deadline Extension Considerations. The City of Rosemead may extend the compliance deadlines set forth in a notice of violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

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

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

3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the City of Rosemead is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

G. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City of Rosemead's procedures for appeals of administrative citations. Evidence may be presented at the hearing. The City of Rosemead will appoint a hearing officer who shall conduct the hearing and issue a final written order.

H. Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, the City of Rosemead will conduct inspections, remote monitoring, route reviews, waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if City of Rosemead determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

I. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City of Rosemead determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this chapter and state law, as needed.

(Ord. 1006, § 4, 1-11-22)

In the event state and/or federal law or regulations are implemented which are more stringent or comprehensive than the requirements of this chapter related to organic waste disposal and/or diversion, all residents and/or businesses, as applicable, shall be responsible for complying with those requirements.

(Ord. 1006, § 4, 1-11-22)