San Clemente Municipal Code Ch. 8.28 Solid Waste Management

Footnotes:

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Editor's note— Ord. No. 1728, § 2(Exh. A), adopted April 19, 2022, amended Ch. 8.28, §§ 8.28.010—8.28.130, in its entirety, in effect repealing and replacing said chapter with §§ 8.28.010—8.28.210, as set out herein. Formerly, Ch. 8.28 pertained to similar subject matter and derived from Ord. No. 1642, § 1, adopted July 18, 2017; and Ord. No. 1666, § 1, adopted Jan. 15, 2019.

A. .....The purpose and intent of this chapter is to regulate solid waste handling services in order to protect public health, safety, and welfare and to meet the City's obligations under the California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000 et seq.) (hereinafter "AB 939") and other solid waste laws.

B. .....The City is obligated by AB 939 and other solid waste laws, including, but not limited to, AB 341, AB 1826, and SB 1383, to implement plans for solid waste source reduction, reuse, and recycling to meet specified achievement milestones.

C. .....Pursuant to the California Constitution, the City is authorized to enact ordinances to protect public health, safety, and welfare. Pursuant to Public Resources Code Section 40059, aspects of solid waste handling of local concern include, but are not limited to, the frequency of collection, means of collection and transportation, level of service, charges and fees, whether solid waste services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise, contract, license or permit, and the terms and conditions of such franchise, license or permit.

D. .....To enable the City to comply with AB 939 and other solid waste laws to better control the solid waste handling services within the City, the City deems it necessary to grant one solid waste enterprise the right to provide exclusive solid waste handling services within the City as provided in this chapter.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"AB 939" means the California Integrated Waste Management Act of 1989, codified in part in Public Resources Code Section 40000 et seq., as amended, and as implemented by the regulations of CalRecycle, or its successor.

"Authorized recycling agent" shall mean that entity, person, or group of persons who have contracted with the City to provide recycling and recycling collection services.

"Bin" or "bins" shall mean dumpsters, roll-off/drop-off boxes, compactors, and any similar such devices provided to any customer for residential, multi-family, and commercial solid waste handling services, for recurring or temporary bin/roll-off services; provided, however, the term "bins" does not include completely enclosed storage containers which are not used for solid waste handling services, but does include temporary roll-off/drop-off bins even if such bins are not used for solid waste handling services.

"Bulky items" shall mean that solid waste which cannot be and/or would not typically be accommodated within a container and include, without limitation, refrigerators or other appliances, furniture, machinery or pails thereof, mattresses, rugs, water heaters, 30 gallon trash bags and other items which, due to their size, are typically handled by a two or more person crew.

"Business" means a commercial entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or non-profit entity, or a multi-family residential dwelling.

"C&D Debris" or "Construction and Demolition Debris" shall have the same meaning as described in Section 8.68.020.

"CalRecycle" means the California Department of Resources Recycling and Recovery. "CCR" means the California Code of Regulations.

"City" means the City of San Clemente, California.

"City Council" means the City Council of San Clemente, California.

"Collect" or "collection" means to take physical possession, transport, and remove solid waste, targeted recyclable materials, organic materials, or other materials within and from the City.

"Commercial" or "commercial business" means a business, industrial, or commercial establishment, or construction site, and any multi-family residential dwelling with five units.

"Commercial edible food generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74).

"Commercial premises" means all premises in the City, other than residential premises, where solid waste, including recyclable materials and organic waste, is generated or accumulated. The term "Commercial premises" includes, but is not limited to, stores; restaurants; rooming houses; hotels; motels; office buildings; department stores; manufacturing, processing, or assembling shops or plants; hospitals; clinics; and nursing homes.

"Community composting" means any activity that composts yard waste, green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

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

"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that "Compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the solid waste stream, or which are separated at a centralized facility.

"Compostable plastics" or "compostable plastic" means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.l(a)(l)(A) or 18984.2(a)(l)(C).

"Container" or "containers" shall mean the containers, including bins, distributed by a Franchise Hauler for the weekly collection of solid waste, including recyclable materials and organic waste.

"Container contamination" or "contaminated container" means a container that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(SS).

"County" means the County of Orange.

"Customer" shall mean any person or entity receiving solid waste handling services from a solid waste enterprise, including recyclable material and organic waste collection services and/or temporary bin/roll-off services, within the City.

"Designated source separated organic waste facility," as defined in 14 CCR Section 18982(14.5), means a solid waste facility that accepts a source separated organic waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:

1. The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.S(d), and meets or exceeds an annual average source separated organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.S(f) for organic waste received from the source separated organic waste collection stream.

a. If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required in paragraph 1 of this definition for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility."

2. The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a)(13), that, pursuant to the reports submitted under 14 CCR Section 18815.7, demonstrates that the percent of the material removed for landfill disposal that is organic waste is less than the percent specified in 14 CCR Section 17409.S.8(c)(2) or 17409.S.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.

a. If the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR Section 17409.S.8(c)(2) or 17409.S.8(c)(3) for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility." For purposes of this chapter, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).

"Designee" means an entity with which the City contracts or otherwise arranges to carry out any of the City's responsibilities under this chapter, as authorized in 14 CCR Section 18981.2, including, but not limited to, a government entity, a hauler, a private entity, or a combination thereof.

"Dwelling" means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except "dwelling" does not include hospitals, hotels, motels, nursing homes, or convalescent centers.

"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). Edible food is not solid waste if it is recovered and not discarded.

Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

"Enforcement action" means an action of the City to address non-compliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"Enforcement Officer" means the City Manager, County administrative official, chief operating officer, executive director, public works director, or other executive in charge or their authorized designees who is/are partially or wholly responsible for enforcing this chapter.

"Excluded waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or chapter, including: 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 City's or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance, or otherwise create or expose 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:

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

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

3. 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).

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

"Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

"Food-soiled paper" means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

"Food waste" means food scraps separated from solid waste and offered for collection by a Franchise Hauler, that will decompose and/or putrefy including (i) all kitchen and table food waste, and animal and vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs; and (ii) paper waste contaminated with food waste.

"Franchise hauler" shall mean any solid waste enterprise with which the City enters an exclusive or non-exclusive franchise agreement to provide solid waste handling services within the City.

"Generator" means any person or other entity who is responsible for the initial creation of solid 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's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.S).

"Hazardous waste" means any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means if such waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife. It shall also include all wastes so defined by the California Health and Safety Code including "infectious waste."

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

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

"Local education agency" means a school district, charter school, or county office of education that is not subject to the control of City regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40}.

"Multi-family dwelling" or "multi-family residential dwelling" means a residential structure with five or more residences.

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

"Organic materials," "organic waste," or "organics" 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, yard 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 includes, but is not limited to, food scraps, food-soiled paper, and yard waste.

"Organic waste container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated organic waste.

"Person" means an individual, group of individuals, and/or any legal entity recognized by the laws of the State.

"Premises" means every dwelling house, dwelling unit, apartment house, or multiple- dwelling building, trailer, or mobile home park, store, restaurant, rooming house, hotel, motel, hospital, office building, department store; manufacturing, processing, or assembling shop or plant; warehouse; and every other property or building where any person resides or any business or activity is carried on or conducted within the City. "Recyclable Materials" shall mean all garbage, trash, refuse, construction and demolition debris, and any other solid waste discarded within City limits, which is capable of being Recycled, whether generated from or at residential or commercial premises, or otherwise.

"Recyclable materials container" has the same meaning as in 14 CCR Section 18982.2(a)(S) and shall be used for the purpose of storage and collection of source separated recyclable materials.

"Prohibited container contaminants" means the following: (i) discarded materials placed in the recyclable materials container that are not identified as acceptable source separated recyclable materials for the City's recyclable materials container; (ii) discarded materials placed in the organic waste container that are not identified as acceptable source separated organic materials for the City's organic waste container; (iii) discarded materials placed in the refuse container that are acceptable source separated recyclable materials and/or source separated organic materials to be placed in City's organic materials container and/or recyclable materials container; and (iv) excluded waste or hazardous waste placed in any container.

"Recyclable materials" or "recyclables" means materials that can be source separated from solid waste and organic materials prior to collection for the purpose of returning these materials to the economic mainstream in the form of raw materials for new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace. "Recyclable materials" include any materials identified by the agency that can be feasibly collected and marketed for recycling by the City's Franchise Hauler, including, but not limited to, paper and paper products, chipboard, cardboard, plastic food and beverage containers, glass jars and bottles, aluminum, tin, and bimetal cans.

"Recycle" or "recycling" means the process of collecting, sorting, cleaning, treating, and reconstituting materials that would otherwise be disposed of, and then returning these materials to the economic mainstream in the form of raw materials for use or reuse as new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace as defined in Public Resources Code Section 40180. "Recycling" does not include burning, incinerating, or thermally destroying solid waste, as defined in Public Resources Code Section 40201. The City shall specify additional materials covered under this chapter at its discretion.

"Refuse" shall have the same meaning as "Solid Waste."

"Refuse container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of refuse or solid waste.

"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)(675).

"SB 1383" means Senate Bill 1383 (Chapter 395, Statutes of 2016).

"SB 1383 Regulations" means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

"Self-hauler" means a person, who hauls solid waste, recyclable materials, or organic waste, that he or she has generated to an appropriate processing facility. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). "Back-Haul" means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

"Solid waste" shall mean and include all discarded putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, rubbish, construction waste, yard waste, demolition debris, industrial waste, organic waste, bulky items, and any other discarded solid, semisolid, and liquid waste permitted to be disposed of at a Class III landfill and which is included within the definition of "Nonhazardous Solid Waste" set forth in the California Code of Regulations, as amended.

"Solid Waste Enterprise" shall mean any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste handling services.

"Solid waste handling services" shall mean the collection, transportation, storage, transfer, disposal or processing of solid waste for compensation.

"State" means the State of California.

"Temporary bin/roll-off service" shall mean on-call solid waste handling services provided on an as-needed and temporary basis by use of temporarily-placed bins, regardless of whether or not such bins are actually placed upon any street or property within the City or left attached to the vehicle used to transport such bins.

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

1. Supermarket.

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

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

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

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

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

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

4. Large venue.

5. Large event.

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

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

"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).

"Yard waste" means organic waste generated from the maintenance or alteration of landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and weeds.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

A. Minimum Requirements. .....The City Manager, or designee, shall have the authority to establish, on a case by case basis, a minimum container requirement for refuse, recyclable materials, and organic waste.

B. Placement of Solid Waste. .....Unlawful depositing of solid waste on public or private property. Every customer receiving solid waste handling services within the City shall place all solid waste intended for collection in containers supplied for that purpose by the city or the Franchise Hauler.

It shall be unlawful to place, deposit, abandon, or dump, or caused to be placed, deposited, abandoned or dumped, any solid waste, or other waste material not meeting the definition of solid waste, in or up on any public highway, road or alley, including any portion of the right-of-way thereof, or upon any public beach, public park, the City pier, or any other public property owned, operated or maintained by the City, or upon any private property in the City except: (i) in a container, for the purpose of being collected and disposed by the City or the Franchise Hauler, in accordance with the provisions of this Code; or (ii) in a private receptacle, in cases where a person or entity is appropriately providing for its own solid waste collection and disposal without the use of a solid waste enterprise.

C. Overflows Prohibited. .....No customer shall cause or permit any container to be overfilled. For purposes of this section, "overfilled" shall mean filled or loaded in such a manner so as to prohibit the lid of the container from closing completely. Every customer shall be responsible for placing solid waste, including recyclable materials or organic waste, in the appropriate container(s) and placing the container(s) at the location required under Section 8.28.040 of this chapter for collection. No customer shall cause or allow solid waste, including recyclable materials or organic waste, to be stored for collection in any location other than inside a completely closed container.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

Notwithstanding Section 8.28.020 B., bulky items need not be kept, stored, or placed for collection in containers.

In addition to the foregoing, it shall be unlawful for any owner, tenant, or occupant of property within the City to allow any bulky items to be placed, deposited, abandoned, dumped, or maintained on any public or private street, alley, sidewalk, or right-of-way adjacent to said person's property or on any portion of said person's property that is visible from any public or private street, alley, sidewalk, or right-of-way, excepting only that it shall be permissible to place or deposit said bulky items for a scheduled collection in the locations and at the times authorized pursuant to Section 8.28.040.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

Customers shall place containers and all bulky items for which a scheduled collection has been arranged adjacent to the curb along the street in front of their premises or, if no curb exists, either adjacent to the main traveled portion of the street fronting their premises or in the alley in the rear of the property. Notwithstanding the above, any customer receiving solid waste handling services at a premises having a rear exit onto an alley which has access to streets at each end thereof, shall place containers and all bulky items for which a scheduled collection has been arranged in such alleys. All containers used by and/or for a customer and all bulky items placed in connection with a scheduled collection shall be grouped together when placed in the appropriate collection location and shall be placed out for collection no earlier than 5:00 p.m. of the day prior to the day fixed for collection. Within 24 hours after collection has been made, all containers and any uncollected solid waste (including bulky items) shall be removed by each customer (or, as to bulky items, the owner, tenant, or occupant of the property) from the place of pick up and placed upon the customer's property so containers are substantially hidden from view from any public street or alley. "Substantially hidden" means that each container must at minimum be placed behind a permanent wall, fence, or similar structure that is not less than the height of the container.

At the City's discretion, the first violation of any provision of Sections 8.28.020-8.28.052 of this Chapter 8.28 may be addressed by placement (by the City or its agent) of a written warning sticker on the container or bulky item, as applicable, and/or by mailing a written warning notice to the property owner (as identified on the County Assessor's records) informing the customer, property owner, tenant, or occupant, as applicable, of the nature of the violation and of said person's responsibility to ensure that his or her property (and, if applicable, the adjacent public or private street, alley, sidewalk, and right-of-way) is maintained in a manner consistent with this chapter, and of the penalty for failing to do so in the future; provided, however, that the City may elect to prosecute violations of this chapter without first issuing such a warning notice. Every violation of Sections 8.28.020-8.28.052 of this Chapter 8.28 shall result in the issuance of a citation to the Customer and/or to the property owner, tenant, or occupant, as applicable, in the amounts listed in Section 8.28.210(C).

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

Any customer or property owner who believes he or she cannot reasonably satisfy the post-collection container placement requirements contained in the preceding Section 8.28.040 may request an exemption from the Utilities Director, or designee, by submitting to the Utilities Director a written request specifying the reasons he or she believes an exemption from the post-collection placement requirements is necessary. Upon review of the request, the Utilities Director may grant the exemption if he or she determines that, due to factors including, but not limited to, the existing physical layout of the applicant's property or the property's topography renders it physically impossible to satisfy the above post-collection Container placement requirements or that to do so would cost in excess of $1,000.00.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

A. .....The owner, occupant, or person in control of every premises in the City shall cause solid waste generated or accumulated on such premises to be collected and lawfully disposed by the City or the Franchise Hauler or by his or her own efforts.

B

.....Transfer of solid waste from premises to premises is not allowed except when the same person manages at least one valid solid waste service account between which solid waste will be transferred. Any person found in violation may be required to pay for solid waste service at all premises with which that person is associated.

C. Rate Structure. .....The rates charged by the exclusive Franchise Hauler for the solid waste handling services shall be as set forth in the schedule of rates and charges which shall be mutually agreed upon by the City and the exclusive Franchise Hauler in the exclusive solid waste handling services contract.

D. Rate Increases. .....Annual rate increases may be granted as set forth in the exclusive solid waste handling services contract between the City and the exclusive Franchise Hauler. In the event of an annual increase, the City's Solid Waste Coordinator shall annually publish a revised schedule of rates and charges for solid waste handling services.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

No person other than the City or the Franchise Hauler shall place or collect a r container on any property or street within the City for the purpose of providing solid waste handling services, except as follows:

A. .....The collection, transportation, recycling, and disposal of any solid waste which is transported to an appropriate disposal facility by the generator (but not including any agent, representative, or contractor of such generator) pursuant to the self-hauler provisions under Section 8.28.180.

B. .....The sale or donation of source separated recyclable materials and/or source separated organic materials by the generator to any person or entity, provided that to the extent permitted by law, if the generator is required to pay monetary consideration for the collection, transportation, transfer, or processing of recyclable materials and/or source separated organic materials, the fact that the generator receives a reduction or discount in price (or in other terms of the consideration the generator is required to pay) shall not be considered a sale or donation.

C. .....The collection, transportation, or disposal of yard waste by a gardener, or landscaper, as part of the gardening or landscaping services provided to its customers, provided that such yard waste is taken to a legal place for composting, diversion, or disposal.

D. .....Use of special water-tight bins specifically designed for concrete wash out, provided such bins are used only for actual concrete wash out and not to collect or transport broken up dried concrete or other debris or solid waste.

E. .....Non-Profit Charities. Non-profit charities registered with the attorney general of the state periodically accepting donations of recyclables may transport the recyclables, provided that the charity transport the recyclables to a recycling facility and that charity volunteers and employees comply with the provisions of this chapter and with any other governing laws.

F. .....For transport only, any person may haul solid waste generated and collected in other jurisdictions over City streets provided they comply with the provisions of this chapter and with any other governing laws, and provided further that they do not engage in any solid waste handling services within the City.

G. .....Document Destruction Companies. Companies whose primary purpose is the destruction of documents/records that, incidental to this purpose, collect paper and deliver such paper, after shredding/destruction, to a recycling facility, are not required to obtain a solid waste and recycling permit to transfer and recycle this material.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

The Utilities Director, or designee, or the Franchise Hauler acting as the agent of the City, may cause the posting of a notice to remove in a conspicuous place on any container deposited, placed or left on any public property within the City in violation of this chapter. Any such notice shall specify the nature of the violation, and shall state that the container must be removed within 24 hours or it may be removed and stored by the City or the Franchise Hauler, and the contents disposed of, at the expense of the owner. The posting of a notice to remove shall constitute constructive notice to the owner and the user of the requirement to remove the container.

Subject to the following paragraph, if the container is not removed within 24 hours after the notice to remove is posted, the Utilities Director may remove or direct the Franchise Hauler to remove and store the container and dispose of its contents. The owner of the container shall be responsible to reimburse the City or the Franchise Hauler (as applicable) for the actual cost of the removal, storage, and disposal, and all amounts due shall be paid before the container may be returned to the owner. Such amounts shall constitute a debt owed by the owner to the City or the Franchise Hauler (as applicable) and the owner shall be liable to the City or the Franchise Hauler in an action brought by the City and/or the Franchise Hauler for the recovery of such amounts.

If the identity of the owner of a container that has been removed pursuant to this section is known to the City or the Franchise Hauler, the City or the Franchise Hauler shall promptly cause notice to be mailed to the owner to claim the stored property. If the container is not claimed within 45 days after removal and notice to the owner, or 30 days after removal if the identity of the owner is unknown to the City or the Franchise Hauler, the container shall be deemed abandoned property and may be disposed of accordingly.

After a container has once been removed by the City or the Franchise Hauler pursuant to a notice to remove posted in accordance with this section, the owner thereof shall be deemed to have actual notice of the provisions of this chapter, including the prohibition against the deposit, placement, or leaving of unauthorized containers on property in the City. In the event of a subsequent deposit, placement or leaving of a container owned by the same owners, or an affiliate of the owner, on public property within the City, the Utilities Director may immediately, without posting of a notice to remove, remove or direct the Franchise Hauler to remove and store the unlawfully placed Container without the requirement that a notice be posted on the container. All other portions of this section shall continue to apply.

Notwithstanding any other provisions of this chapter to the contrary, the Utilities Director is authorized to direct the immediate removal by the City or the Franchise Hauler, without notice, of any container placed on public property within the city in violation of this chapter where the owner of the container is unidentified and cannot be ascertained by an inspection of the container.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

It shall be unlawful to provide solid waste handling services in areas of the City zoned for residential use between the hours of 7:00 p.m. to 7:00 a.m. It shall be unlawful to provide solid waste handling services in areas of the City zoned for other than residential use between the hours of 7:00 p.m. to 6:00 a.m.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

As a condition for the issuance of building permits and certificates of occupancy for the construction of any new residential or commercial structures, except for single-family residences, the applicant shall be required to construct a paved solid waste enclosure. Said enclosure shall be large enough to house the containers required for use by customers subject to this chapter. The solid waste enclosure shall conform to all height and setback requirements of the zoning district in which it is located and shall be subject to approval of the Building and Planning Department as to its location and design. The purpose of this enclosure shall be to screen containers from public view between collection dates. Once constructed, solid waste enclosures shall be used and maintained in good condition.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

No person shall burn, nor allow to be burned, fertilizer, solid waste, or other waste material not meeting the definition of solid waste, in the City.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

All owners, contractors, and other builders of structures shall, upon the completion of any such structure, gather up and haul away, either through their own efforts or through the use of a solid waste enterprise lawfully operating within the City, at their sole cost and expense, all solid waste of every nature, description or kind, which has resulted from the building of such structure, including all C&D Debris, scraps of lumber, shingles, plaster, brick, stone, concrete, and other building material, and shall leave the lot and all nearby premises utilized in such construction in a sightly condition. During the course of construction, all solid waste accumulated or generated on the site shall be placed, kept, and stored for collection and disposal in containers, or private receptacles on the construction site. All adjacent streets and properties shall be kept free of solid waste, including, but not limited, to C&D Debris, generated on the job site at all times.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

The accumulation of solid waste by any person beyond the period of one week or in any manner other than as specified in this article and Chapter 8.76 of this code is declared to be a nuisance pursuant to Government Code Section 38771. Summary abatement of such nuisances may occur pursuant to Chapters 8.52 and 8.76.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

The owner, occupant, and/or person in control of every premises in the City shall maintain covers on all containers, or private receptacles utilized to collect or store solid waste on their premises, to keep the same in a sanitary, healthful condition and to keep the area directly around the container, or private receptacles in a clean, and sanitary manner. In the event containers, receptacles or the collection area of any premises are determined to be in an unhealthful or unsanitary condition by the Utilities Director, a notice to clean in accordance with Section 8.76.050 shall be issued to the owner, occupant, or person in control of the premises.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

A. .....Single family organic waste generators shall comply with the following requirements:

1. Subscribe to the City's three-container collection services. The City shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper source separation and containment of materials; and single-family generators shall adjust their service levels for their collection services as requested by the City. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste through backyard residential composting, and/or using a community composting site.

2. Participate in the City's three-container collection service(s) by placing source separated organic waste, including food waste, in the organic waste container, all recyclable materials in the recyclable materials container, and refuse in the refuse container. Generator shall not place materials designated for the refuse container into the organic waste container or recyclable materials container, nor materials designated for the organic waste container or recyclable materials container, respectively, into the refuse container.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

A. .....Commercial businesses, including multi-family residential dwellings, shall comply with the following requirements:

1. Subscribe to the City's three-container collection services and comply with requirements of those services as described below in Section 8.20.140(A)(2), except commercial businesses that meet the self-hauler requirements of this chapter. The City shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper source separation and containment of materials; and commercial businesses shall adjust their service levels for their collection services as requested by the City. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste through backyard residential composting, and/or using a community composting site.

2. Except commercial businesses that meet the self-hauler requirements of this chapter, participate in the City's three-container collection services by placing source separated organic waste, including food waste, in the organic waste container; source separated recyclable materials in the recyclable materials container; and refuse in the refuse container. Generator shall not place materials designated for the refuse container into the organic waste container or recyclable materials container, nor materials designated for the organic waste container or recyclable materials container, respectively, into the refuse container.

3. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with Sections 8.20.140(A)(4)(i) and 8.20.140(A)(4)(ii) below) for employees, contractors, tenants, and customers, consistent with City's recyclable materials container, organic waste container, and refuse container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with this chapter.

4. Excluding multi-family residential dwellings, provide containers for the collection of source separated refuse, source separated 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:

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

(ii) 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 to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

5. Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirements in Section 8.20.140(A)(4) pursuant to 14 CCR Section 18984.9(b).

6. 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's recyclable materials container, organic waste container, and refuse container collection service or, if self-hauling, per the commercial business' instructions to support its compliance with its self-haul program, in accordance with this chapter.

7. Excluding multi-family residential dwellings, periodically inspect recyclable materials container, organic waste container, and refuse container 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).

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

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

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

11. If a commercial business wants to self-haul, it must meet the self-hauler requirements in this chapter.

12. 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).

13. Commercial businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with food recovery requirements pursuant to this chapter.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

A. De Minimis Waivers. .....The City may waive a commercial business' obligation (including that of a multi-family residential dwelling) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in Section 8.28.150(A)(2) below. Commercial businesses requesting a de minimis waiver shall:

1. Submit an application specifying the services from which they are requesting a waiver and provide documentation as noted in Section 8.28.150(A)(2) below.

2. Provide documentation that either:

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

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

3. Notify the City if circumstances change such that commercial business' organic waste exceeds the threshold required for waiver, in which case waiver will be rescinded.

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

B. Physical Space Waivers. .....The City may waive a commercial business' or property owner's obligations (including those of a multi-family residential dwelling) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of Section 8.28.140. 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 lacks adequate space for recyclable materials containers and/or organic waste containers, including documentation from its hauler, licensed architect, or licensed engineer.

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

C. Collection Frequency Waiver. .....The City, at its discretion and in accordance with 14 CCR Section 18984.ll(a)(3), may allow the owner or tenant of any residence, premises, business establishment, or industry that subscribes to the City's three-container collection service to arrange for the collection of their recyclable materials in a recyclable materials container, refuse in a refuse container, or both once every 14 days, rather than once per week.

D. Review and Approval of Waivers by the City. .....The Utilities Director, or designee, will be responsible for review and approval of waivers.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

A. .....Tier One Commercial Edible Food Generators must comply with the requirements of this section, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.

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. Enter into a written agreement with food recovery organizations or food recovery services for:

i. The collection of edible food for edible food recovery from the Tier One or Tier Two Commercial Edible Food Generator's premises; or,

ii. The acceptance of edible food that the Tier One or Tier Two Commercial Edible Food Generator self-hauls to the food recovery organization.

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

4. Allow the City's designated Enforcement Officer or designee to access the premises and to 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:

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

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

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

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

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

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

d. The quantity of edible food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for purposes of food recovery.

iv. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 (Chapter 285, Statutes of 2017).

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

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

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 for which the food recovery service transports edible food 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.S(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 collected from each commercial edible food generator per month.

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

C. .....Food recovery organizations and food recovery services that have their primary address physically located in the City and contract or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall, no later than March 1, July 1, and September 1 of each calendar year, report to the City in which they are located the total pounds of edible food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators with which they have established a contract or written agreement pursuant to 14 CCR Section 18991.3(b).

D. .....In order to support edible food recovery capacity planning assessments and other studies, food recovery services and food recovery organizations operating in the City shall, upon request, provide information and consultation to the City regarding existing or proposed new or expanded food recovery capacity that could be accessed by the City and its commercial edible food generators. a food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

A. .....Nothing in this chapter shall preclude any person, solid waste customer, commercial generator, or multi-family generator from self-hauling recyclable materials or organic materials generated by that entity to a solid waste facility suitable to receive the type(s) of waste hauled.

B. .....Self-haulers shall:

1. Source separate all organic materials 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 solid waste facility or a chipping/grinding operation that processes or recovers source separated organic materials.

2. Source separate all recyclable materials generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul recyclable materials to a solid waste facility that recovers those materials.

3. Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of organic materials 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. The records shall include the following information:

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

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

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

4. Self-haulers that are commercial businesses (including multi-family residential dwellings) shall provide information collected pursuant to this section to the City if requested.

5. A residential organic materials generator that self-hauls organic materials is not required to record or report information as otherwise required by this Section.

6. Notwithstanding the foregoing, self-haulers shall not dispose of any solid waste in any manner not permitted by this chapter. To do so is a violation of this chapter punishable as set out in Section 8.28.210.

7. Exemptions. The following activities and circumstances do not qualify as self-hauling under this chapter:

i. Yard waste removed from a premises by a gardening, landscaping, or tree- trimming contractor having a City business license and as an incidental part of a total service offered by that contractor other than as a disposal service, and tree trimmings, clippings, and all similar materials generated at parks and other publicly-maintained premises;

ii. Construction and demolition debris removed from a premises by a licensed contractor as an incidental part of a total service offered by that contractor other than as a disposal service;

iii. The collection of hazardous material or dangerous waste as part of a hazardous material collection activity authorized by the Orange County Environmental Health Division, including, without limitation, liquid and dry caustics, acids, bio-hazardous, flammable, or explosive materials, insecticides, and similar substances; and

iv. Recyclable materials and organic materials generated at any premises or place of business and which are transported personally by the owner or occupant of such premises (or by his or her full-time employees) to a solid waste or recycling facility in a manner consistent with this chapter and other applicable laws.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

A. Requirements for haulers.

1. Haulers shall meet the following requirements and standards as a condition of approval of a permit or other authorization with the City to collect organic materials.

i. Through written notice to the City annually on or before July 1, identify the facilities to which they will transport organic materials, including facilities for source separated recyclable materials and source separated organic waste.

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

iii. Obtain approval from the City to haul organic materials, unless it is transporting source separated organic materials to a community composting site or lawfully transporting construction and demolition debris.

2. Each hauler authorized to collect organic materials shall comply with education, equipment, signage, container-labeling, container color, container contamination monitoring, reporting, and other requirements contained within its agreement entered into with the City.

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

ii. Community composting operators, upon the City's request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic materials anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within 60 days.

B. .....Solid waste collectors shall keep separate recyclable materials, organic materials, and other refuse that has been source separated into containers by generators.

C. .....Solid waste collectors shall ensure that source separated recyclable materials are delivered to a recycling facility and that source separated organic materials are delivered to an organic waste processing facility.

D. .....Within five days of request by the City, solid waste collectors shall provide progress reports providing the following information, at a minimum:

1. The total number of solid waste customers to whom the solid waste collector currently provides recyclable materials, organic materials, and other solid waste Collection services within the City's boundaries;

2. For each solid waste customer, the account name, identifying number, primary contact, phone number, billing address, and service address;

3. Information on the type of collection service provided, such as recyclable materials, organic materials, and other solid waste services;

4. The weekly volume and type of collection service provided, including the number, type, and size of containers serviced and the days of service for each container;

5. Name and location of the solid waste facilities where materials are delivered for processing;

6. List of accounts not in compliance with this chapter, including whether they are excluded or exempt based on the exemptions in Section 8.28.150.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)

A. .....City Enforcement Officer and/or its designee are authorized to conduct inspections and investigations, at random or otherwise, to confirm compliance with and enforce the provisions of this chapter.

B. .....City representatives and/or its designated entities, 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 facilities for materials collected from generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, self-haulers, haulers, food recovery services, and food recovery organizations, subject to applicable laws.

C. .....The regulated entity shall provide or arrange for access during all inspections and shall cooperate with the City Enforcement Officer or designee during such inspections and investigations. Such inspections and investigations may include edible food recovery activities, records, or any other requirement described herein. Failure to provide or arrange for: (1) access to an entity's premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.28.210. Notwithstanding the foregoing, City Enforcement Officer and/or its designee are not authorized to enter into the interior of any residence in order to conduct inspections and investigations under this chapter.

D. .....Any records obtained by the City during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6520 et seq.

E. .....City Enforcement Officer and/or its designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

F. .....City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with the SB 1383 Regulations, including through the receipt of anonymous complaints. Franchise haulers shall relay to City in writing all written complaints they receive concerning acts or omissions of themselves or another entity that is potentially non-compliant with the SB 1383 Regulations, including anonymous complaints.

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 Officer. Enforcement actions under this chapter include issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines are set forth in Chapter 1.20, 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. .....The City may seek all other remedies allowed by law, including civil action or prosecution for an alleged misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.

C. .....Penalty amounts for types of violations, to be implemented beginning on May 1, 2023.

1. For a first violation, the amount of the penalty shall be $50.00 per violation.

2. For a second violation, the amount of the penalty shall be $75.00 per violation.

3. For a third or subsequent violation, the amount of the penalty shall be $100.00 per violation.

4. The penalties shall be consistent with Government Code § 36900.

D. .....The City 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 edible food recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

E. Appeals Process. .....Persons receiving an administrative citation containing a penalty for an uncorrected violation under this chapter may request a hearing to appeal the citation pursuant to Section 1.20.080, as it may be amended from time to time.

F. Education Period for Non-Compliance. .....Through December 31, 2023, the City will conduct inspections to determine compliance, and if the City determines that a generator, self-hauler, hauler, Tier One Commercial Edible Food Generator, food recovery service, food recovery organization, 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, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

G. Civil Penalties for Non-Compliance. .....Beginning January 1, 2024, if the City determines that a Tier One Commercial Edible Food Generator, Tier Two Commercial Edible Food Generator, food recovery service, food recovery organization, 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.

H. .....This chapter shall be interpreted to be consistent with the City's regulatory authority, and shall only apply to local education agencies and other entities to the extent permitted by law, including the SB 1383 Regulations.

(Ord. No. 1728, § 2(Exh. A), 4-19-2022)