Chapter 50 — SOLID WASTE COLLECTION AND RECYCLING

The City Council finds and determines 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 that the regulations provided in this chapter are designed to eliminate or alleviate such problems.

('65 Code, § 6-4.101) (Ord. 508-C.S., passed 11-7-00)

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

GREENWASTE. Grass clippings, leaves and tree trimmings. Tree trimmings larger than six inches in diameter and palm fronds are not considered yard waste or greenwaste. HOUSEHOLDER. 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.

MISCELLANEOUS DEBRIS. Includes 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. RECYCLABLE MATERIALS. Any one or more of the following categories of materials collected and recycled from within the city: (1) Newspaper;

(2) Aluminum, tin and other metal food and beverage containers;

(3) Glass; and

(4) High density polyethylene (H.D.P.E.), polyethylene terephthalate (P.E.T.) and polyvinyl chloride (P.V.C.) plastic materials; and

(5) Other materials as specified by the City Council.

SOLID WASTE. Collectively, garbage, trash, rubbish, miscellaneous debris and any combination thereof.

STORAGE. Includes the accumulating, maintaining, dumping, abandoning, storing, collecting or other gathering, stacking or piling, other than in a commercial building or in a dwelling unit, which latter places shall be regulated by the fire prevention code. (Ord. 508-C.S., passed 11-7-00)

Except as otherwise provided in this chapter, it is unlawful for any person to dump, discard, abandon or otherwise deposit any garbage, combustible or noncombustible rubbish, miscellaneous debris, combined rubbish or chemical compound 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 flood water channel, any channel or structure tributary to any flood water channel, any easement or right-of-way for flood water channel purposes, or in or upon any place in the city where the natural flow of stormwater might carry the same to any such flood water channel or structure. (Ord. 508-C.S., passed 11-7-00) Penalty, see § 50.999

(A) Accumulations. It shall be unlawful for any person to accumulate any solid waste on his or her property in the city, which accumulation shall, in the opinion of the Fire Chief, constitute a fire hazard or be dangerous to the public peace, safety or health of the people of the city. In the event the accumulation constitutes a fire hazard in the opinion of the Fire Chief, he shall notify the owner, occupant, operator or other person responsible for the accumulation and that person shall immediately arrange for collection and disposal in an authorized manner. The costs of such disposal shall be paid by the owner, occupant, operator or other person responsible for the accumulation. ('65 Code, § 6-4.104)

(B) Disposal.

(1) It shall be the responsibility of every person to dispose of all solid waste before it constitutes a fire hazard or becomes dangerous to the public peace, safety or health of the people of the city. The disposal shall be by one of the following means:

(a) Through regular, at least weekly, collection service by the city's authorized contractor; or

(b) By personal transportation of the solid waste to a licensed public or private landfill or disposal site. ('65 Code, § 6-4.105)

(Ord. 508-C.S., passed 11-7-00) Penalty, see § 50.999

It is unlawful for any person to place in any hole or excavation, or to bury, any solid waste. ('65 Code, § 6-4.107) (Ord. 508-C.S., passed 11-7-00) Penalty, see § 50.999

Solid waste unless accumulated or stored in containers, shall be stored or accumulated only in stacks or piles not in excess of two cubic yards total, which: (A) Shall be 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 public rights of way.

(Ord. 508-C.S., passed 11-7-00) Penalty, see § 50.999

Other than as hereinabove set forth, it is unlawful for any person to dump or otherwise dispose of or to store or accumulate any solid waste 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 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 Health Officer, 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. 508-C.S., passed 11-7-00) Penalty, see § 50.999

It is unlawful for any person to store or accumulate any 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) Solid waste including garbage shall not be accumulated or stored for a period of time in excess of:

(1) Commercial and Industrial zoned areas (C-1, C-3, M-1 and MD): 48 hours. (Sundays and holidays excepted.)

(2) All other areas: one week.

(B) Solid waste other than garbage shall not be stored or accumulated for a period of time in excess of one week.

(C) The above periods of time which end in any week in which a holiday occurs shall be extended one additional day.

(Ord. 508-C.S., passed 11-7-00) Penalty, see § 50.999

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 solid waste, greenwaste or recyclable materials from any commercial, business, industrial or residential premises within the city or to tamper with, injure, destroy or remove any bin, container, or any other equipment used for refuse storage.

(Ord. 508-C.S., passed 11-7-00) Penalty, see § 50.999

(A) The city may from time to time enter into contracts or exclusive franchise agreements regarding the collection of solid waste, greenwaste and recyclable materials from commercial, business, industrial 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. Householders and commercial customers must comply with the collection terms and conditions agreed to by the city and the contractor.

(B) There are imposed by the city fees and charges for the collection, removal and disposal of garbage, rubbish, greenwaste and recyclable materials within the city. Such fees and charges for such collection, removal and disposal services shall be those which the City Council may from time to time hereafter determine, fix,and establish by official action or by the terms and conditions of a franchise agreement approved by the City Council.

(Ord. 508-C.S., passed 11-7-00) Penalty, see § 50.999

The City Council hereby finds that the periodic collection of solid waste, greenwaste and recyclable materials from all places in the city benefits all owners and occupants of places and premises in the city, and therefore, all owners and occupants are hereby made liable for all fees and charges for such removal and disposal or diversion as set forth in the city's exclusive franchise agreement. Such fees shall be a civil debt owing to the contractor from the owner and occupant of all premises served by the contractor. ('65 Code, § 6-4.127) (Ord. 508-C.S., passed 11-7-00) Penalty, see § 50.999

(A) It shall be the duty of householders and commercial customers to utilize the appropriate containers (solid waste or greenwaste) as provided by the city's contractor except for large, bulky items placed for collection per the terms of the franchise agreement. 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 so set out or placed by the householder or commercial customer not earlier than six p.m. of the day preceding collection and such containers shall be removed by the householder from the collection place not later than eight p.m. on the day of collection.

(B) It shall be the duty of householders to set out or place containers as follows:

(1) When the householder'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 householder'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.

(C) It shall be the duty of commercial customers to set out or place containers as follows:

(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.

(D) The city's contractor is the exclusive franchised provider and the only hauler authorized to provide regularly scheduled and one-time special container (bin or roll-off) service to any residence or business or construction site requesting such service, provided, however, that any contractor or other person may haul, in their own trucks, and properly dispose of any debris from a jobsite in the city. If the contractor or other person utilizes a waste hauling service, he shall utilize the services of the city's franchisee. (Ord. 508-C.S., passed 11-7-00) Penalty, see § 50.999

(A) Nothing contained in this chapter shall prohibit any person or commercial business from selling recyclable materials or giving recyclable materials away to persons or entities other than the city's contractor, provided, however, in either instance:

(1) The recyclable materials must be segregated from and not mixed with solid waste; and

(2) The seller/donor may not pay the buyer/donee any consideration or consulting fee for recycling services or for collecting, processing or transporting such recyclable materials. A discount or reduction in price for collection, disposal and/or recycling services for any form of unsegregated or segregated solid waste is not a qualifying sale or donation of recyclable materials per this exception.

(B) Nothing herein contained shall inhibit, regulate or restrict any recycling center, nonprofit drop-off program or recycling processor as permitted by state law. (Ord. 508-C.S., passed 11-7-00) Penalty, see § 50.999

(A) It is unlawful for any person, business or other entity not otherwise excepted by the provisions of this chapter, or by state or federal law, to collect recyclable materials in the city; provided, however, the collection of segregated recyclable materials with the intent to recycle all such materials collected by one who has an arrangement to and does recycle all such materials collected shall not be prohibited. This section shall not apply to charitable entities including any organization or other entity maintained for community service, education or the public good, including service clubs, scouting organizations, religious and educational organizations and recognized charities. ('65 Code, § 6-4.411(a)) (B) From the time of placement of recyclable materials at curbside or other appropriate designated collection locations or in any container used for collection provided by city's contractor, said recyclable materials shall be and become the property of the contractor. It is unlawful for any person, business or other entity other than the city's contractor to remove recyclable materials from a collection container provided by the city's contractor. ('65 Code, § 6-4.411(b))

(Ord. 508-C.S., passed 11-7-00) Penalty, see § 50.999

Householders shall separate greenwaste and place it in the appropriate container for collection.

(Ord. 508-C.S., passed 11-7-00) Penalty, see § 50.999

MANDATORY ORGANIC WASTE DISPOSAL REGULATIONS

(A) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (Cal. Public Resources Code §§ 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) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Cal. Public Resources Code §§ 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added §§ 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with § 42649) to Part 3 of Division 30 of, and added and repealed Cal. Public Resources Code § 41780.02, 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 jurisdictions to implement a mandatory commercial recycling program.

(C) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Cal. Public Resources Code Chapter 12.9 (commencing with § 42649.8) to Part 3 of Division 30, 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 jurisdictions to implement a recycling program to divert organic waste from businesses subject to the law, and requires jurisdictions 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 jurisdictions, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.

(E) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 regulations. This subchapter 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.

(Ord. 680, passed 11-2-21)

This subchapter and all of the regulations contained herein, shall become effective on January 1, 2022 and shall remain effective until otherwise repealed by the City Council. Any current terms or regulations in Title 5 which are in conflict with provisions of this subchapter shall be preempted by this subchapter as of the effective date. (Ord. 680, passed 11-2-21)

As used in this subchapter:

BLACK CONTAINER. Has the same meaning as in 14 CCR § 18982.2(a)(28) and shall be used for the purpose of storage and collection of black container waste.

BLACK CONTAINER WASTE. Solid waste that is collected in a black container that is part of a two-container waste collection service that prohibits the placement of organic waste in the black container as specified in 14 CCR § 18984.1(a) and (b), or as otherwise defined in 14 CCR § 17402(a)(6.5). C&D. Construction and demolition debris including discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, copper, aluminum, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project; and remnants of new materials, including but not limited to: cardboard, paper, plastic, wood, and metal scraps from any construction and/or landscape project.

CALIFORNIA CODE OF REGULATIONS or CCR. The State of California Code of Regulations. CCR references in this subchapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

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

CITY ENFORCEMENT OFFICIAL. The City Manager, county administrative official, chief operating officer, executive director, or other executive in charge or their authorized designee(s) who is/are partially or wholly responsible for enforcing the ordinance. See also REGIONAL OR COUNTY AGENCY ENFORCEMENT OFFICIAL. COMMERCIAL BUSINESS or COMMERCIAL. A firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR § 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this subchapter.

COMMERCIAL EDIBLE FOOD GENERATOR. Includes a tier one or a tier two commercial edible food generator as defined in this section, "tier one commercial edible food generator" and "tier two commercial edible food generator" definitions of this subchapter or as otherwise defined in 14 CCR § 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR § 18982(a)(7).

ble food generator as defined in this section, "tier one commercial edible food generator" and "tier two commercial edible food generator" definitions of this subchapter or as otherwise defined in 14 CCR § 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR § 18982(a)(7).

COMMUNITY COMPOSTING. Any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR § 17855(a)(4); or as otherwise defined by 14 CCR § 18982(a)(8). COMPLIANCE REVIEW. A review of records by the city to determine compliance with this subchapter. COMPOST. Has the same meaning as in 14 CCR § 17896.2(a)(4), which stated, as of the effective date of this subchapter, that COMPOST means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. COMPOSTABLE PLASTICS or COMPOSTABLE PLASTIC. Plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR § 18984.1(a)(1)(A) or 18984.2(a)(1)(C). CONTAINER CONTAMINATION or CONTAMINATED CONTAINER. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR § 18982(a)(55). DESIGNATED SOURCE SEPARATED ORGANIC WASTE FACILITY. As defined in 14 CCR § 18982(14.5), means a solid waste facility that accepts a source separated organic waste collection stream as defined in 14 CCR § 17402(a)(26.6) and complies with one of the following: (1) The facility is a TRANSFER/PROCESSOR as defined in 14 CCR § 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR § 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of 50% between January 1, 2022 and December 31, 2024 and 75% on and after January 1, 2025 as calculated pursuant to 14 CCR § 18815.5(f) for organic waste received from the source separated organic waste collection stream. (a) If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required in division (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 § 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR § 18815.7 demonstrates that the percent of the material removed for landfill disposal that is organic waste is less than the percent specified in 14 CCR § 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR § 17896.5. (a) If the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR § 17409.5.8(c)(2) or 17409.5.8(c)(3), for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a DESIGNATED SOURCE SEPARATED ORGANIC WASTE FACILITY. For the purposes of this subchapter, the reporting periods shall be consistent with those defined in 14 CCR § 18815.2(a)(49). DESIGNEE. An entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this chapter as authorized in 14 CCR § 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities. EDIBLE FOOD. Food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a)(18). For the purposes of this subchapter or as otherwise defined in 14 CCR § 18982(a)(18), EDIBLE FOOD is not solid waste if it is recovered and not discarded. Nothing in this subchapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the Cal. Retail Food Code. ENFORCEMENT ACTION. An action of the city, or its designee to address non-compliance with this subchapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. EXCLUDED WASTE. Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste in cities, or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Cal. Public Resources Code §§ 41500 and 41802. FOOD DISTRIBUTOR. A company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR § 18982(a) (22). FOOD FACILITY. Has the same meaning as in Cal. Health and Safety Code § 113789. FOOD RECOVERY. Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24). FOOD RECOVERY ORGANIZATION. (1) An entity that engages in the collection or receipt of edible food from commercial edible food generators a

FOOD FACILITY. Has the same meaning as in Cal. Health and Safety Code § 113789. FOOD RECOVERY. Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24). FOOD RECOVERY ORGANIZATION. (1) An entity that engages in the collection or receipt of edible food from commercial edible food generators a

FOOD FACILITY. Has the same meaning as in Cal. Health and Safety Code § 113789. FOOD RECOVERY. Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24). FOOD RECOVERY ORGANIZATION. (1) An entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR § 18982(a)(25), including, but not limited to:

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

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

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

(2) A food recovery organization is not a commercial edible food generator for the purposes of this subchapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR § 18982(a)(7). (3) If the definition in 14 CCR § 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR § 18982(a)(25) shall apply to this subchapter. FOOD RECOVERY SERVICE. A person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR § 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this subchapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR § 18982(a)(7). FOOD SCRAPS. All food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps. FOOD SERVICE PROVIDER. An entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR § 18982(a)(27). FOOD-SOILED PAPER. Compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. FOOD WASTE. Food scraps, food-soiled paper, compostable plastics like 100% fiber based compostable dinnerware. GREEN CONTAINER. Has the same meaning as in 14 CCR § 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste, including clean lumber and food waste. GROCERY STORE. A store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR § 18982(a)(30). HAULER ROUTE. The designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR § 18982(a)(31.5). HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY. A facility that is in compliance with the reporting requirements of 14 CCR § 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022 and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to 14 CCR § 18815.5(e) for organic waste received from the “mixed waste organic collection stream" as defined in 14 CCR § 17402(a)(11.5); or as otherwise defined in 14 CCR § 18982(a)(33). INSPECTION. 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 requirements set forth in this subchapter, or as otherwise defined in 14 CCR § 18982(a)(35). LARGE EVENT. An event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR § 18982(a)(38) differs from this definition, the definition in 14 CCR § 18982(a)(38) shall apply to this subchapter. LARGE VENUE. A permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this subchapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR § 18982(a) (39) differs from this definition, the definition in 14 CCR § 18982(a)(39) shall apply to this subchapter. LOCAL EDUCATION AGENCY. A school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR § 18982(a)(40). MULTI-FAMILY RESIDENTIAL DWELLING or MULTI-FAMILY. (1) Means of, from, or pertaining to residential premises with five or more dwelling units; or any building, structure, lot or real property parcel containing two or more residential dwelling units which the City Manager determines must receive solid waste handling services through the use of a shared bin(s) as such units may not reasonably receive individualized solid waste handling services through the use of carts or resident provided containers. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. (2) The foregoing notwithstanding, residential dwelling units which are part of a PLANNED DEVELOPMENT as the term is defined under Cal. Civil Code § 1351 shall not be considered multi-family pre

s through the use of carts or resident provided containers. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. (2) The foregoing notwithstanding, residential dwelling units which are part of a PLANNED DEVELOPMENT as the term is defined under Cal. Civil Code § 1351 shall not be considered multi-family pre

s through the use of carts or resident provided containers. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. (2) The foregoing notwithstanding, residential dwelling units which are part of a PLANNED DEVELOPMENT as the term is defined under Cal. Civil Code § 1351 shall not be considered multi-family premises but instead shall be considered residential premises. For purposes of illustration, MULTI-FAMILY PREMISES include but are not necessarily limited to any apartment building or apartment structure containing five or more residential units; or any single, exclusively residential high-rise/mid-rise building or structure. For purposes of this subchapter, MULTI-FAMILY PREMISES do not include MIXED USE DEVELOPMENTS as defined in the San Gabriel Municipal Code or any residential portion of a MIXED USE DEVELOPMENT. 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 § 18982(a)(41). NON-LOCAL ENTITY. Means the following entities that are not subject to the city's enforcement authority, or as otherwise defined in 14 CCR § 18982(a)(42): (1) Special district(s) located within the boundaries of the city; (2) Federal facilities, including any military installations, located within the boundaries of the city; (3) Prison(s) located within the boundaries of the city;

(4) Facilities operated by the state park system located within the boundaries of the city; (5) Public universities (including community colleges) located within the boundaries of the city; (6) County fairgrounds located within the boundaries of the city; and

(7) State agencies located within the boundaries of the city.

NON-ORGANIC RECYCLABLES. Non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR § 18982(a)(43). NOTICE OF VIOLATION (NOV). A notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR § 18982(a)(45) or further explained in 14 CCR § 18995.4. ORGANIC WASTE. Solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, but excludes manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR § 18982(a)(46). Biosolids and digestate are as defined by 14 CCR § 18982(a).

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

PAPER PRODUCTS. Include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR § 18982(a)(51).

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

PROHIBITED CONTAINER CONTAMINANTS.

(1) Three container collection service. PROHIBITED CONTAINER CONTAMINANTS means the following:

(a) Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container;

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

(c) 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 city's green container and/or blue container; and

(d) Excluded waste placed in any container.

(2) Two container collection service. PROHIBITED CONTAINER CONTAMINANTS means the following:

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

(b) Discarded materials placed in the black container that are identified as acceptable source separated green container organic waste, which are to be separately collected in city's green container; and

(c) Excluded waste placed in any container.

RECOVERED ORGANIC WASTE PRODUCTS. Products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR § 18982(a)(60).

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

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

REGIONAL AGENCY. Regional agency as defined in Cal. Public Resources Code § 40181.

REGIONAL OR COUNTY AGENCY ENFORCEMENT OFFICIAL. A regional or county agency enforcement official, which the city may designate with responsibility for enforcing the ordinance in conjunction or consultation with the city's enforcement official.

REMOTE MONITORING. The use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of black containers or green containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants. RENEWABLE GAS. Gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR § 18982(a)(62). RESTAURANT. An establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR § 18982(a)(64). ROUTE REVIEW. A visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR § 18982(a)(65). SB 1383. Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Cal. Health and Safety Code §§ 39730.5, 39730.6, 39730.7, and 39730.8, and added Cal. Public Resources Code Chapter 13.1 (commencing with § 42652) to Part 3 of Division 30, 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 subchapter, 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. A person who hauls organic waste, C&D debris, recyclable material, or other garbage he or she has generated to another person, provided such hauling is undertaken through the use of the self-hauler's own equipment and employees. SELF-HAULING does not include the contracting or subcontracting of hauling services with any third party, including, but not limited to, any solid waste enterprise that is not franchised to perform any variety of solid waste handling services within the city of San Gabriel. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR § 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR § 18982(a)(66)(A). SINGLE-FAMILY - RESIDENTIAL PREMISES. Means of, from, or pertaining to any residential premises with fewer than five units; or any single building, structure, lot or real property parcel containing four or fewer residential dwelling units, except to the extent the City Manager determines the residential dwelling units within such dwellings, buildings or structures must receive solid waste handling services through the use of a shared bin(s) as such units may not reasonably receive individualized solid waste handling services through the use of carts or resident-provided containers; or each residential dwelling unit which is part of a "planned development" as the term is defined under Cal. Civil Code § 1351; or any single-family residential dwelling unit attached to one or more single-family residential dwelling units by a common vertical wall(s), with each dwelling unit located on a separate lot; or any second unit/granny flat. A residential premises which either has been or is unlawfully used or improved with more than four residential dwelling units shall not by virtue of this definition or such unlawful improvement become a commercial premises or a multi-family premises but shall remain residential premises. SOLID WASTE. Has the same meaning as defined in Cal. Public Resources Code § 40191, which defines solid waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

rial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

(1) Hazardous waste, as defined in the Cal. Public Resources Code § 40141.

(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Cal. Health and Safety Code Chapter 8 (commencing with § 114960) of Part 9 of Division 104). (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Cal. Health and Safety Code Part 14 (commencing with § 117600) of Division 104). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Cal. Public Resources Code § 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Cal. Public Resources Code Division 30.

SOURCE SEPARATED. Materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR § 17402.5(b)(4). SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE.

(1) In the residential sector, source separated organic wastes that can be placed in a green container that is limited to the collection of those organic wastes and non-organic recyclables as defined in § 18982(a)(43), or as otherwise defined by § 17402(a)(18.7). In the commercial and multi-family sectors, source separated organic wastes that is limited to the collection of those organic wastes and non-organic recyclables as defined in § 18982(a)(43), or as otherwise defined by § 17402(a)(18.7) for mixed waste processing. This excludes any materials that would not be permitted for composting, including contaminated lumber, manure, digestate, biosolids and sludges.

(2) 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 carpets, non-compostable paper, contaminated lumber, manure, digestate, biosolids, sludges and textiles.

SOURCE SEPARATED RECYCLABLE MATERIALS. Source separated non-organic recyclables and source separated green container organic waste.

SUPERMARKET. A full-line, self-service retail store with gross annual sales of $2,000,000, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR § 18982(a)(71).

TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR.

• (1) A commercial edible food generator that is one of the following:

• (a) Supermarket;

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

• (c) Food service provider;

• (d) Food distributor; or

• (e) Wholesale food vendor.

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

TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR.

• (1) A commercial edible food generator that is one of the following:

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

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

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

• (d) Large venue;

• (e) Large event;

• (f) A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or

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

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

UNCONTAINERIZED GREEN WASTE AND YARD WASTE COLLECTION SERVICE or UNCONTAINERIZED SERVICE. A collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR § 189852(a)(75).

WHOLESALE FOOD VENDOR. A business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR § 189852(a)(76). (Ord. 680, passed 11-2-21)

(A) All single-family organic waste generators:

(1) Shall be automatically enrolled in the city's two container organic waste collection services with a minimum source separated recyclable materials service level of 35 gallons per week and with a minimum source separated green container organic waste service level of 35 gallons per week, approved by the Public Works Director. The city or designee shall have the authority to change these minimum required levels of service over time. The city or its designee shall have the right to review the number, size, and location of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and generator shall adjust its service level for its collection services as requested by the city and/or its designee.

(2) Shall participate in the city's two-container system for source separated recyclable materials, source separated green container organic waste and black container waste collection services. Generator participation in the collection programs requires that generators place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the green container; and black container waste in the black container. Generators shall not place materials designated for the black container into the green container.

(3) 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 § 18984.9(c).

(Ord. 680, passed 11-2-21)

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

(1) Except commercial businesses that meet the self-hauler requirements in this subchapter, be automatically enrolled in the city's two-container organic waste collection services and with a source separated green container organic waste service level of 64 gallons, approved by the Public Works Director. The city or its designee shall have the authority to change the minimum required service levels over time. The commercial business' source separated green container organic waste service level must be sufficient for the amount of source separated green container organic waste generated by the commercial business. The city or its designee 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, or by the hauler.

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

(3) Supply and allow access to adequate number, size, type and location of collection containers with sufficient labels or colors (conforming with divisions (A)(4)(a) and (b) below), for employees, contractors, tenants and customers, consistent with city's blue container, green container, and gray container collection service.

(4) Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste, 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 source separated container organic waste then the business does not have to provide that particular container. In all areas where disposal containers are provided for customers pursuant to 14 CCR § 18984.9(b), the containers provided by the business shall have either:

(a) A body or lid that conforms with the container colors provided through the collection service provided by the city or its designee with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional

containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

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

(5) Excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's organic waste, nonorganic recyclables, and non-organic waste collection service to the extent practical through education, training, inspection, and/or other measures. (6) Excluding multi-family residential dwellings, quarterly inspect green and black containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR § 18984.9(b)(3).

(7) 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.

(8) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property. (9) Provide or arrange access for the city or its designee to their properties during all inspections conducted in accordance with § 50.038 to confirm compliance with the requirements of this subchapter.

(10) Accommodate and cooperate with city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with these regulations. The remote monitoring program shall involve installation of remote monitoring equipment on or in all the containers, as applicable.

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

s of its blue containers, green containers, and gray containers, as applicable, for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in all the containers, as applicable, subject to written notification to an approval by the city or its designee.

(12) If a commercial business wants to self-haul, meet the self-hauler requirements in section of this subchapter. (13) 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 § 18984.9(c).

(14) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to the provisions of this code. (Ord. 680, passed 11-2-21)

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

(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in division (A)(2) below. (2) Provide documentation that: (a) The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection is less than in a gray container or green container comprises less than ten gallons per week per applicable container of the business' total waste; (b) The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection comprises less than ten gallons per week per applicable container of the business' total waste.

(c) Notify the city if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded. (d) Provide written verification of eligibility for de minimis waiver every five years, if the city has approved de minimis waiver. (B) Physical space waivers. The city may waive a commercial business' or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the organic waste collection service requirements if the city has evidence from the hauler, licensed architect, or licensed engineer, or other reliable sources, demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of this section. (1) Commercial business or property owner may request a physical space waiver through the following process:

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

(b) Provide documentation that the premises lacks adequate space for green containers including documentation from its hauler, licensed architect, or licensed engineer.

(c) Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has approved application for a physical space waiver. (Ord. 680, passed 11-2-21)

(A) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR § 18991.3.

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

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

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

(2) Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (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's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR § 18991.4. (5) Keep records that include the following information, or as otherwise specified in 14 CCR § 18991.4:

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

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

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

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

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

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

4. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery. (6) No later than February 1 of each year commencing no later than February 1, 2023 for tier one commercial edible food generators and February 1, 2025 for tier two commercial edible food generators, those generators shall provide an annual food recovery report to the city that includes all records required in division (C)(5) of this section. In addition, the report shall include the amount and type of edible food that was not accepted by food recovery organizations or services for donation.

commercial edible food generators and February 1, 2025 for tier two commercial edible food generators, those generators shall provide an annual food recovery report to the city that includes all records required in division (C)(5) of this section. In addition, the report shall include the amount and type of edible food that was not accepted by food recovery organizations or services for donation.

(D) Nothing in this subchapter 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 Cal. Education Code Article 13 [commencing with § 49580] to Chapter 9 of Part 27 of Division 4 of Title 2, and to amend Cal. Health and Safety Code § 114079, relating to food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 680, passed 11-2-21)

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

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

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

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

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

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

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

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

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

• (C) Food recovery organizations and food recovery services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR § 18991.3(b).

(D) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR § 18991.3(b) shall report to the city it is located in the total pounds of edible food recovered and the amount and type of edible food not accepted by food recovery organizations and food recovery services in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR § 18991.3(b) no later than each February 1.

t to the city it is located in the total pounds of edible food recovered and the amount and type of edible food not accepted by food recovery organizations and food recovery services in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR § 18991.3(b) no later than each February 1.

(E) In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city. (Ord. 680, passed 11-2-21)

(A) Effective January 1, 2022, exclusive franchised hauler providing residential, commercial, or industrial organic waste collection services to generators within the city's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste: (1) Through written notice to the city annually on or before January 31, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, source separated green container organic waste.

(2) Transport source separated recyclable materials, source separated green container organic waste and any other eligible waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. Notwithstanding the foregoing, hauler shall not be required to transport any containers with prohibited container contaminants to a facility, operation, activity, or property that recovers organic waste.

(B) Effective January 1, 2022, exclusive franchised hauler's authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, and license entered into with the city. (Ord. 680, passed 11-2-21)

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

(B) Community composting operators, upon the city's request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days. (Ord. 680, passed 11-2-21)

(A) All self-haulers shall source separate all recyclable materials and organic waste (materials that city otherwise requires generators to separate for collection in the city's organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR §§ 18984.1 and 18984.2 or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR § 18984.3.

(B) Self-haulers shall haul their source separated 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. 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 this section to the city each quarter. The due date shall be 30 days after the end of each quarter.

(E) A residential organic waste generator that self-hauls organic waste is not required to record or report information in this section.

(Ord. 680, passed 11-2-21)

(A) All projects within the city shall be considered covered projects and shall meet the diversion requirement and comply with all provisions of this chapter. For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on a single or adjoining parcel, as determined by the compliance official, shall be deemed a single project.

(B) All projects undertaken by the city shall be considered covered projects and shall meet the diversion requirement and comply with all provisions of this chapter. The city or its designee shall submit a Waste Management Plan (WMP) to the compliance official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this chapter.

(C) Demolition-only projects within the city shall be considered covered projects and shall comply with this chapter.

(Ord. 680, passed 11-2-21)

(A) (1) Persons applying for a permit from the city for new construction and building additions and alternations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the city. If the requirements of CALGreen are more stringent than the requirements of this section, the CALGreen requirements shall apply. (2) Project applicants shall refer to city's building and/or planning code for complete CALGreen requirements.

(B) For projects covered by CALGreen or more stringent requirements of the city, the applicants must, as a condition of the city's permit approval, comply with the following: (1) Where five or more multi-family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three- or two-container collection program offered by the city, or comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to §§ 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(2) New commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of blue containers and green container materials, consistent with the three-, three-plus, or two-container collection program offered by the city, or shall comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to §§ 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020. (3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with the city's C&D ordinance, Chapter 54 of the San Gabriel Municipal Code, and all written and published city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

(Ord. 680, passed 11-2-21)

(A) City 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 subchapter by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with division (B) of this section, city may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to division (B)(2) of this section.

(B) Entities regulated by division (A) above shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee 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 subchapter described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment; or (iii) access to records for any inspection or investigation is a violation of this ordinance and may result in penalties described.

(1) Any records obtained by the city 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 Cal. Gov’t Code §§ 6250 et seq.

(2) City 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 subchapter, subject to applicable laws and reasonable notice in non-urgent circumstances.

(3) The city 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. 680, passed 11-2-21)

(A) Violation of any provision of this subchapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a city enforcement official or representative. Enforcement actions under this subchapter are issuance of an administrative citation and assessment of a fine. The city'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 subchapter and any rule or regulation adopted pursuant to this subchapter, except as otherwise indicated in this subchapter. (B) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.

(C) Responsible entity for enforcement. (1) Enforcement pursuant to this subchapter may be undertaken by the city's enforcement official, which may be the City Manager or their designated entity, legal counsel, or combination thereof.

(2) Enforcement may also be undertaken by a regional or county agency enforcement official, designated by the city, in consultation with the city enforcement official. (a) City enforcement official(s) will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.

(b) City enforcement official(s) may issue Notices of Violation(s).

(D) Process for enforcement. (1) City enforcement officials and/or their designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring).

(2) The city may issue an official notification to notify regulated entities of their obligations under the ordinance.

(3) For jurisdictions assessing contamination processing fines/penalties. For incidences of prohibited container contaminants found in containers, the city and/or designee will issue a Notice of Violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within two days after determining that a violation has occurred. If the city and/or their designee observes prohibited container contaminants in a generator's containers on more than three consecutive occasion(s), the city and/or their designee may assess contamination processing fines or contamination penalties on the generator on the third such occasion. (4) With the exception of violations of generator contamination of container contents addressed under § 50.038(B)(2), the city and/or their designee shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice. (5) (a) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the code enforcement official(s) and/or their designee shall commence an action to impose penalties, via an administrative citation and fine, pursuant to city code. (b) Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the city 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. (6) In addition to the foregoing, for incidences of prohibited container contaminants found by a hauler in containers, hauler will issue a notice of contamination to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within two days after determining that a violation has occurred. If a hauler observes prohibited container contaminants in a generator's containers on more than two occasion(s) every calendar year starting January 1, the hauler shall have the right to assess a contamination service charge on the generator to cover the additional costs of processing contaminated containers per the current franchise hauler rate schedule. The foregoing contamination service charge shall not be considered an administrative fine or penalty. Any disputes arising from the assessment of a contamination service charge shall be adjudicated pursuant to the customer complaint resolution process provided under the terms of any contract, agreement, or similar contractual authorization between the hauler and the city to collect organic waste. (E) Penalty amounts for types of violations. The penalty levels are as follows: (1) For a first violation, the amount of the base penalty shall not exceed $100 per violation. (2) For a second violation, the amount of the base penalty shall not exceed $200 per violation.

of any contract, agreement, or similar contractual authorization between the hauler and the city to collect organic waste. (E) Penalty amounts for types of violations. The penalty levels are as follows: (1) For a first violation, the amount of the base penalty shall not exceed $100 per violation. (2) For a second violation, the amount of the base penalty shall not exceed $200 per violation.

(3) For a third or subsequent violation, the amount of the base penalty shall not exceed $500 per violation.

(F) Factors considered in determining penalty amount.

(1) The nature, circumstances, and severity of the violation(s).

(2) The violator's ability to pay.

(3) The willfulness of the violator's misconduct.

(4) Whether the violator took measures to avoid or mitigate violations of this chapter.

(5) Evidence of any economic benefit resulting from the violation(s).

(6) The deterrent effect of the penalty on the violator.

(7) Whether the violation(s) were due to conditions outside the control of the violator.

(G) Compliance deadline extension considerations. The city may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this chapter, if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following: (1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

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

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

(H) 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 the city's procedures in the city's codes for appeals of administrative citations. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order.

(I) Education period for non-compliance. Beginning January 1, 2022 and through December 31, 2023, the city will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city determines that organic waste generator, selfhauler, 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 subchapter 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.

auler, 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 subchapter 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.

(J) Civil penalties for non-compliance. Beginning January 1, 2024, if the city 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 subchapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take enforcement action pursuant to this section, as needed. (Ord. 680, passed 11-2-21)

(A) Any person violating any provision of this chapter for which no penalty is otherwise provided shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000, or imprisonment for not to exceed six months, or by both such fine and imprisonment.

(B) Any person violating any provision of § 50.014 by engaging in the unauthorized collection or removal of recyclable materials is guilty of an infraction and shall be subject to a penalty as provided in § 10.99. Any such unauthorized collections from one or more locations within the city shall constitute a separate and distinct offense. ('65 Code, § 6- 4.411(c))

(Ord. 508-C.S., passed 11-7-00)