Chapter 15 — ORGANIC WASTE DIVERSION

5-2975 - TITLE.

This chapter shall be known as the "ORGANIC WASTE DIVERSION ORDINANCE" of the County and may be so cited.

(Ord. No. 4594, § 2, 2-15-2022)

5-2976 - DEFINITIONS.

For purposes of this chapter, the following definitions apply:

(a)

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

(b)

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

(c)

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

(d)

"C&D" means construction and demolition debris and has the same meaning as "Construction, Demolition and Landscaping Debris" as defined in Title 5, Division 2, Chapter 14, Section 5-2951(e) of the County Ordinance Code.

(e)

"Collector route" means the designated itinerary or sequence of stops for each segment of the County's collection service area.

(f)

"Commercial business" or "commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five (5) units is not a commercial business for purposes of this chapter.

(g)

"Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in (mmm) and (nnn) of this section.

(h)

"Community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 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).

(i)

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

(j)

"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which states that "Compost" means the product resulting from the controlled biological decomposition of organic solid waste that is Source Separated from the municipal solid waste stream, or which is separated at a centralized facility.

(k)

"Container contamination" or "contaminated container" means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

(l)

"Designee" means an entity or individual that is part of the County or that contracts with or otherwise arranges to carry out any of the County's responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a licensed collector, a public or private entity, or a combination of those entities.

(m)

"Edible food" means unsold or unserved food that is fit for human consumption, even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. For the purposes of these regulations, "Edible Food" is not solid waste if it is recovered and not discarded.

(n)

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

(o)

"Environmental Health Department" means the County Environmental Health Department.

(p)

"Excluded waste" means hazardous substance; hazardous waste; designated waste; volatile waste; corrosive waste; medical waste; infectious waste; regulated radioactive waste; and toxic substances or material that any facility operator which receives materials from the County and its Generators reasonably believes would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance. This includes used motor oil and filters; household batteries; universal wastes; and/or latex paint; 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 County'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 County, or its Designee, to potential liability.

(q)

"Food" has the same meaning as in Section 113781 of the Health and Safety Code.

(r)

"Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.

(s)

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

(t)

"Food recovery" means actions to collect and distribute food for human consumption which otherwise would be disposed.

(u)

"Food recovery organization" means an entity that primarily engages in the collection or receipt of excess edible food from edible food generators and distributes that edible food to the public for consumption, 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.

(v)

"Food recovery service" means a person or entity that collects and transports edible food from an edible food generator to a food recovery organization or other entities for food recovery.

(w)

"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.

(x)

"Generator" means a person or entity that is responsible for the initial creation of any waste material.

(y)

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

(z)

"Gray container waste" means solid waste that is collected in a gray container that is part of a three- container organic waste collection service that prohibits the placement of organic waste in the gray container

as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

(aa)

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

(bb)

"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. Grocery store includes convenience stores.

(cc)

"Health facility" has the same meaning as in Section 1250 of the Health and Safety Code.

(dd)

"High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent (50%) between January 1, 2022 and December 31, 2024, and seventy- five percent (75%) after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a) (11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

(ee)

"Hotel" has the same meaning as in Section 17210 of the Business and Professions Code.

(ff)

"Inspection" means a site visit where the County or its designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

(gg)

"Jurisdiction" means a city, county, a city and county, or a special district that provides solid waste collection services.

(hh)

"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 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.

(ii)

"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, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site is a single large venue.

(jj)

"Licensed collector" has the same meaning as in Section 5-2101(o) of Title 5, Division 2, Chapter 1 of the County Ordinance Code and includes any person to whom a residential refuse collection contract has been awarded by the County.

(kk)

"Local education agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste.

(ll)

"Mixed waste" or "mixed waste organic collection stream" means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2, or 18984.3 to be transported to a high diversion organic waste processing facility.

(mm)

"Multi-family residential dwelling" or "multi-family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-family dwellings are considered commercial businesses for the purpose of this chapter. They do not include hotels, motels, or other transient occupancy facilities, which are also considered commercial businesses.

(nn)

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

(oo)

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

(pp)

"Notice of violation (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).

(qq)

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

(rr)

"Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

(ss)

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

(tt)

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

(uu)

"Prohibited container contaminants" means the following: (1) material placed in a container which is not designated for that container under the system provided by the customer's licensed collector; or (2) excluded waste placed in any container.

(vv)

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

(ww)

"Remote monitoring" means the use of the internet of things (IoT) and/or electronic devices to visualize the contents any container in a licensed collector's collection system to identify the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

(xx)

"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on premises or immediate consumption.

(yy)

"Route review" means a visual inspection of containers along a collector route for the purpose of determining container contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

(zz)

"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

(aaa)

"SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this chapter, the short-lived climate pollutants: Organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

(bbb)

"Self-hauler" means a person who hauls solid waste, Organic Waste or recyclable material that is self- generated to another person. Self-Hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). 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.

(ccc)

"Share table" has the same meaning as in Section 114079 of the Health and Safety Code.

(ddd)

"Single-family" means of, from, or pertaining to any residential premises with fewer than five (5) units.

(eee)

"Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste or other solid waste for the purposes of collection and processing.

(ff )

"Source separated blue container organic waste" means source separated organic wastes (paper products, printing and writing paper, wood and dry lumber and textiles) that can be placed in a blue container pursuant to 14 CCR Section 18984.1(a)(2).

(ggg)

"Source separated green container organic waste" means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding carpets, hazardous wood waste, and non-compostable paper.

(hhh)

"Source separated organic waste" means organic waste that is placed in a container that is specifically intended for the separate collection of organic waste by the generator.

(iii)

"Source Separated Recyclable Materials" means material that is placed in a blue container composed of source separated non-organic recyclables and any source separated blue container organic waste that is designated by the licensed collector for placement in the blue container.

(jjj)

"State" means the State of California.

(kkk)

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

(lll)

"Three-plus container system" means a collection system that provides additional containers or split containers in an existing three-container system.

(mmm) "Tier one commercial edible food generator" means a commercial edible food generator that is one of the following:

(1)

Supermarket.

(2)

Grocery store with a total facility size equal to or greater than 7,500 square feet.

(3)

Food service distributor.

(4)

Wholesale Food market.

(nnn)

"Tier two commercial edible food generator" means a Commercial Edible Food Generator that is one 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 onsite 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.

(ooo)

"Waste evaluation" means an audit of any waste stream to determine the level of contamination in the waste stream being measured, in accordance with the requirements of 14 CCR Section 18984.5(c).

(ppp)

"Wholesale food vendor" means a food establishment in which food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.

(Ord. No. 4594, § 2, 2-15-2022)

5-2977 - ADMINISTRATION.

Except as otherwise specified, this chapter shall be administered and enforced by the Department of Public Works (Public Works).

(Ord. No. 4594, § 2, 2-15-2022)

5-2978 - SINGLE-FAMILY GENERATORS.

With the exception of single-family generators that meet the self-hauler requirements in Section 5-2984 of this chapter, a single-family organic waste generator shall:

(a)

Subscribe to County's organic waste collection services for all organic waste generated as described below in Subsections (b) through (d). County 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 separation and containment of materials.

(b)

Adjust its service level for its collection services as requested by the County.

(c)

Place designated materials in separate containers in accordance with their licensed collector's collection system. Generator shall not place prohibited container contaminants in collection containers.

(d)

Have the option of preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(Ord. No. 4594, § 2, 2-15-2022)

5-2979 - COMMERCIAL BUSINESSES.

A generator that is a commercial business shall:

(a)

Subscribe to county-approved collection services and comply with requirements of those services as described below in Subsections (b) through (l), except commercial businesses that meet the self-hauler requirements in Section 5-2984 of this chapter. County shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials. A commercial business shall adjust its collection service levels as requested by the County.

(b)

Place designated materials in separate containers in accordance with their licensed collector's collection system. Generator shall not place prohibited container contaminants in collection containers. Self-haulers shall source separate and haul their waste materials pursuant to 14 CCR Sections 18984.1, 18984.2 or 18984.3.

(c)

Supply and allow access in common areas to adequate number, size and location of collection containers for employees, contractors, tenants, and customers. Such containers shall have sufficient labels or colors,

consistent with their licensed collector's collection system. If self-hauling, such labels or colors shall be consistent with a commercial business' instructions to support its compliance with self-haul requirements of