Chapter 15 — ORGANIC WASTE DIVERSION
Section 5-2984.
San Joaquin County Municipal Code · 2026-09 edition · updated 2026-09-27 · San Joaquin County
(d)
Provide containers for the collection of organic waste and source separated recyclables as determined by their licensed collector's collection system in all indoor and outdoor areas where disposal containers are provided for customers. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in areas where disposal containers are provided for customers.
Pursuant to 14 CCR Section 18984.9(b), the containers provided by a commercial business shall have either:
(1)
A body or lid that conforms with the container colors provided through the collection service provided by County, 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 color requirements of SB 1383 prior to the end of the useful life of those containers. All containers must comply by January 1, 2036, and any new container purchased on or after January 1, 2022 shall follow the color requirements of SB 1383; or
(2)
Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements in this chapter are required on new containers commencing January 1, 2022.
Multi-Family residential dwellings are not required to comply with container placement requirements or labeling requirements in this subsection pursuant to 14 CCR Section 18984.9(b).
(e)
Prohibit employees, to the extent practical through education, training, Inspection, or other measures, from placing materials in a container not designated for those materials per the licensed collector's collection system. If self-hauling, such education shall follow a commercial business' instructions to support its compliance with the self-haul requirements of Section 5-2984. Multi-family residential dwellings are exempt from this requirement.
(f)
Perform periodic Inspections of all containers provided in their licensed collector's collection system for contamination and inform employees if containers are contaminated and of the requirement to keep
Prohibited Container Contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). Multi- family residential dwellings are exempt from this requirement.
(g)
Provide information annually to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and (when applicable) source separated recyclable materials.
(h)
Provide education information before or within fourteen (14) days of occupation of the premises to new tenants of the requirement to keep prohibited container contaminants out of all containers in accordance with its licensed collector's collection system. If self-hauling, such education information shall be consistent with the self-haul requirements of Section 5-2984.
(i)
Provide or arrange access for County or its designee to their properties during all Inspections conducted in accordance with Section 5-2985 of this chapter, in order to confirm compliance with the requirements of this chapter.
(j)
Accommodate and cooperate with a remote monitoring program, which may be implemented by the County at a later date. Such a remote monitoring program shall be for inspection of the contents of containers for prohibited container contaminants and shall involve installation of remote monitoring equipment on or in any container in its licensed collector's collection system.
(k)
Implement at its own discretion a remote monitoring program for inspection of the contents of the containers that are provided by its licensed collector. Said program is subject to approval by County.
(l)
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).
(m)
Meet the self-hauler requirements in Section 5-2984 of this chapter, if a commercial business determines to self-haul.
(Ord. No. 4594, § 2, 2-15-2022)
5-2980 - WAIVERS FOR GENERATORS.
(a)
De Minimis Waiver: For two-container, three-container or three-plus container systems, the County may waive a commercial business's obligation to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in (2) below.
Commercial businesses requesting a de minimis waiver shall:
(1)
Submit a County-approved application specifying the services that they are requesting a waiver from and provide documentation as noted in (2) below.
(2)
Provide documentation in a County-approved format that either:
a.
The commercial business's total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business's total waste; or
b.
The commercial business's total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per applicable container of the business's total waste.
(3)
Notify County if circumstances change such that the commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(4)
Provide County-approved written verification of eligibility for de minimis waiver every five (5) years, if County has approved de minimis waiver. At least every five years from the date of issuance, County shall verify through inspection that commercial businesses are meeting de minimis waivers for compliance with this chapter.
(b)
Physical Space Waiver: Given inadequate space for collection containers, for two-container, three-container or three-plus container systems, county may waive the obligations of a commercial business (or the owner of the property where a commercial business is located) or resident to comply with some or all of the recyclable materials and/or organic waste collection service requirements. The granting of this waiver requires evidence from the County's own staff, a licensed collector, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of Sections 5-2978 or 5-2979.
A physical space waiver may be requested through the following process:
(1)
Submit a county-approved application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2)
For three-container or three-plus container collection systems, provide documentation that the premises lack adequate space for blue containers and/or green containers, including documentation from its licensed collector, licensed architect, or licensed engineer.
For a two-container collection system, provide documentation that the premises lack adequate space for either blue containers or green containers, including documentation from its licensed collector, licensed architect, or licensed engineer.
(3)
Provide written county-approved verification to county that it is still eligible for physical space waiver every five (5) years, if County has approved application for a physical space waiver. At least every five years from the date of issuance, County shall verify through inspection that commercial businesses and residences are meeting physical space waivers for compliance with this chapter.
(c)
All waivers for generators shall be submitted in writing in a County-approved format and are subject to review and approval by the County Department of Public Works. The issuance of any waiver shall be at the County's sole discretion.
(d)
Any generator receiving a waiver shall follow all applicable provisions of Division 2 of Title V of the San Joaquin County Ordinance Code, including but not limited to Section 5-2400.
(Ord. No. 4594, § 2, 2-15-2022)
5-2981 - REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS.
(a)
Tier one commercial edible food generators must comply with the requirements of this Section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b)
Large venue or large event operators not providing food services, but allowing for food to be provided by others, 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 or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
(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 Environmental Health Department to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5)
Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a.
A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b.
A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c.
A record of the following information for each of those food recovery services or food recovery organizations:
(i)
The name, address and contact information of the food recovery service or food recovery organization.
(ii)
The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
(iii)
The established frequency that food will be collected or self-hauled.
(iv)
The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(d)
Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or Share Table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. No. 4594, § 2, 2-15-2022)
5-2982 - REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES.
(a)
Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1)
The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
(2)
The quantity in pounds of edible food collected from each commercial edible food generator per month.
(3)
The quantity in pounds of edible food transported to each food recovery organization per month.
(4)
The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
(b)
Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1)
The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
(2)
The quantity in pounds of edible food received from each commercial edible food generator per month.
(3)
The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
(c)
A food recovery organization or food recovery service that has its primary address physically located in the County and has written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the County the total pounds of Edible Food recovered in the previous calendar year. This information includes tier one and tier two commercial edible food generators and must be provided no later than January 31 of each year.
(d)
Food Recovery Capacity Planning:
(1)
Food Recovery Services and Food Recovery Organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the County, food recovery services and food recovery organizations operating in the County shall provide information to the County upon request, regarding existing or proposed new or expanded food recovery capacity that may be accessed by the County and its commercial edible food generators. a food recovery service or food recovery organization contacted by the County shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the County.
(Ord. No. 4594, § 2, 2-15-2022)
5-2983 - LICENSED COLLECTORS AND ORGANIC WASTE FACILITY OPERATORS.
(a)
Requirements for Licensed Collectors:
(1)
A licensed collector, as a condition for authorization to collect Organic Waste within the unincorporated County, shall comply with all collection requirements contained in SB 1383 Regulations, including but not limited to: providing approved collection systems; providing education to customers; providing equipment, container labeling, and correct container colors; performing contamination monitoring; and meeting prescribed reporting requirements.
(2)
The licensed collector shall:
a.
Obtain written approval from County to collect Organic Waste within the unincorporated County, pursuant to 14 CCR Section 18988.2.
(i)
An exclusive residential solid waste collection contract shall constitute written approval from the County to haul organic waste. For non-franchised Licensed Collectors, a written statement from the Department of Public Works shall constitute approval.
b.
Keep a record of the documentation of its approval by County to collect organic waste within the County.
c.
Identify, through written notice to the County annually on or before October 31 of each year, the facilities to which it will transport each material type from its collection activities in the unincorporated County in the following year. Reported material types shall be identified by the following categories: Source separated recyclable materials, source separated green container organic waste, mixed waste, or gray container waste.
d.
Provide container collection services in the unincorporated County as specified in 14 CCR, Division 7, Chapter 12, Article 3.
e.
Transport source separated recyclable materials to a facility that recovers all source separated recyclable materials collected in the designated container.
f.
Transport source separated green container organic waste to a facility that recovers source separated organic waste.
g.
Transport mixed waste to a high diversion organic waste processing facility.
h.
Perform either route reviews or waste evaluations on all commercial business collection routes within the unincorporated San Joaquin County, pursuant to Section 5-2986(c) of this chapter and the container contamination monitoring requirements of 14 CCR Section 18984.5.
i.
Submit a route review or waste evaluation plan and methodology annually or as requested by County for approval.
j.
Submit annually a report to County summarizing the results of each route review with location of each violation identified.
k.
Submit annually to County an overall SB 1383 customer compliance report in a format approved by County, including a list of non-compliant customer names, addresses and service levels.
l.
Develop SB 1383 educational materials, pursuant to 14 CCR Section 18985.1, for issue to commercial businesses for general education and for violations of SB 1383 requirements. County shall approve such materials prior to issue.
m.
Issue SB 1383 educational materials annually to all commercial businesses that are provided organic waste collection service, pursuant to 14 CCR Section 18985.1.
n.
Receive annually from County a list of commercial businesses with waivers from SB 1383 requirements.
o.
Provide annually, to the extent of the licensed collector's knowledge, to County a list of commercial businesses without collection service, in order to assist County in monitoring SB 1383 Self-Hauler requirements.
(P)
Provide, at request of County, any information necessary for County to fulfill its SB 1383 reporting obligations to CalRecycle as specified in 14 CCR Sections 18994.1 and 18994.2.
(3)
(1) and (2) in this subsection are not applicable to a licensed collector when:
a.
Transporting source separated organic waste to a community composting site consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the Public Resources Code.
b.
Transporting construction and demolition debris in compliance with Section 14 CCR Section 18989.1 and Chapter 14 of this Division.
(4)
County may establish, through Resolution by the Board of Supervisors, a fee paid by the licensed collector to offset costs incurred by County related to compliance with this chapter.
(b)
Requirements for Organic Waste Facility Operators and Community Composting Operations:
(1)
Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon County'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. All such entities contacted by County shall respond within 60 days.
(2)
Community composting operators, upon County's request, shall provide information to County 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. All such entities contacted by County shall respond within 60 days.
(Ord. No. 4594, § 2, 2-15-2022)
5-2984 - SELF-HAULERS.
(a)
Self-haulers shall source separate all recyclable materials and Organic Waste from solid waste generated on- site in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
(b)
Self-haulers shall haul their materials to facilities which recover said materials in accordance with requirements of 14 CCR Sections 18984.1, 18984.2 and 18984.3:
(1)
Self-haulers shall haul their source separated recyclable materials to a facility that recovers such materials.
(2)
Self-haulers shall 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.
(3)
Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.
(4)
Self-haulers shall haul mixed waste, if applicable, to a high diversion organic waste processing facility.
(5)
Self-haulers shall haul gray container waste, as defined in Section 5-2976(z), to a solid waste site as designated by the Director of Public Works or his designee.
(c)
Self-haulers shall keep a record of the amount of all waste materials described in Subsection (b) delivered to each solid waste facility, operation, activity, or property that processes or recovers such materials; this record shall be subject to Inspection by the County. 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 materials described in Subsection (b).
(d)
Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in Subsection (c) to County upon request.
(e)
A residential organic waste generator that self-hauls organic waste is not required to record or report information in Subsection (c).
(f)
Self-haulers shall comply with all applicable sections of the San Joaquin County Ordinance Code, including but not limited to the health and sanitation requirements of Title 5, Division 2—Solid Waste Collection and Disposal.
(Ord. No. 4594, § 2, 2-15-2022)
5-2985 - INSPECTIONS AND INVESTIGATIONS BY COUNTY OR ITS DESIGNEES.
(a)
County representatives and their 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 to confirm compliance with this chapter. This shall apply to organic waste generators, commercial businesses, property owners, commercial edible food generators, licensed collectors, self-haulers, food recovery services and food recovery organizations, subject to applicable laws.
For the purposes of inspecting commercial business containers for compliance with Section 5-2979(b) of this chapter, County may conduct container inspections for prohibited container contaminants using remote monitoring. Commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to Section 5-2979(k) of this chapter.
(b)
Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with County employees or their designees during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, records, Edible food recovery activities, or any other requirement of this chapter. Failure to provide or arrange for access to an entity's premises or access to records for any inspection or investigation is a violation of this chapter.
(c)
Any records obtained by County during its inspections, remote monitoring and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d)
County representatives and designees are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
(e)
County shall receive written complaints from persons regarding any entity that may be potentially non- compliant with SB 1383 Regulations, including receipt of anonymous complaints.
(Ord. No. 4594, § 2, 2-15-2022)
5-2986 - Enforcement.
(a)
Violation of any provision of this chapter except as otherwise indicated in this section may subject the violator to enforcement actions by the county pursuant to Ordinance Code Title 1, Division 2.
(b)
County may choose to delay enforcement action until such time as a sufficiently large number of violations, or cumulative size of violations, exist such that enforcement action is a reasonable use of County staff and resources.
(c)
Process for Determining Compliance with this Chapter:
(1)
The county public works department, with the exception of (4), shall monitor compliance with this chapter through compliance reviews, route reviews, waste evaluations, investigation of complaints, and an inspection program (that may include remote monitoring).
(2)
For any incidence of prohibited container contaminants found in a route review of commercial or residential containers, the licensed collector, as County's designee, shall notice the generator that a violation has occurred. Such notice shall be provided immediately via a cart tag upon identification of the prohibited container contaminants, or by other communication within fourteen (14) days after determining that a violation has occurred.
(i)
If County or its designee observes prohibited container contaminants in a generator's containers on more than three (3) consecutive occasions, or six (6) total occasions in any twelve (12)-month period, County may issue a formal notice of violation, followed by civil penalties pursuant to Ordinance Code Title 1, Division 2.
(3)
With the exception of violations of container contamination addressed under Subsection (c)(2), for any violation of this chapter County may issue a notice of violation requiring compliance within 60 days of issuance of the notice of violation, or a shorter time period if the county determines the violation constitutes a risk to public health and safety or a longer time period if County determines that extenuating circumstances exist that make compliance with the deadline impracticable.
(4)
The Environmental Health Department shall administer and enforce any and all provisions in this chapter related to edible food recovery in the unincorporated areas of San Joaquin County, including Sections 5- 2981 and 5-2982.
(5)
Absent compliance by the violator within the deadline set forth in the notice of violation, County may commence an action to impose penalties and fines.
(6)
Any notice of violation shall be sent to the owner of the property where a violation occurred at their address of record and to the subscriber of the collection service at the address where the violation occurred.
(d)
Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, County shall conduct inspections, remote monitoring, route reviews, and compliance reviews, depending upon the type of regulated entity, to determine compliance with this chapter. If County determines that an entity is not in compliance, County shall provide educational materials to the entity describing its obligations under this Chapter and that violations may be subject to civil penalties starting on January 1, 2024.
(e)
Enforcement Table. With the exception of container contamination violations addressed under Subsection (c) (2), violation of any provision of this chapter, including but not limited to the violations listed below, may subject the violator to enforcement actions pursuant to Ordinance Code Title 1, Division 2.
Code Section Description of Violation
Single-family generator requirement: Single-family organic waste generator fails to source separate Section 5-2978 waste materials into appropriate containers in accordance with the licensed collector's collection system.
Commercial business requirement: Commercial business that does not self-haul, fails to provide or Section 5-2979 arrange for organic waste collection service through a licensed collector.
Commercial business requirement: Commercial business fails to supply and allow access to Section 5-2979 adequate numbers, size, and location of containers and sufficient signage, labelling, and container color.
Commercial business requirement: Commercial business fails to provide or arrange for access to its Section 5-2979 premises for any Inspection or investigation by County.
Licensed collector requirement: A licensed collector providing residential, commercial or Section 5-2983 industrial organic waste collection service fails to transport organic waste to a facility, operation, activity, or property that recovers organic waste, as prescribed by this chapter.
Licensed collector requirement: A licensed collector providing residential, commercial, or Section 5-2983 industrial organic waste collection service fails to obtain approval issued by County to haul organic waste as prescribed by this chapter.
Licensed collector requirement: A licensed collector fails to keep a record of the applicable Section 5-2983 documentation of its approval by County to collect organic waste, as prescribed by this chapter.
Organic waste facility operator An entity fails to respond within 60 days to County's request for requirement: Section 5-2983 information necessary for organics recovery capacity planning. Such information may include available, potential new or expanded capacity at entity's facility, including information about throughput and permitted capacity.
Self-hauler requirement: Section 5- A self-hauler fails to comply with the requirements of this 2984 chapter, such as failing to source separate organic waste or failing to deliver such waste to a facility that will recover it.
Commercial edible food generator Tier one commercial edible food generator fails to arrange to requirement:Section 5-2981 recover the maximum amount of its edible food that would otherwise be disposed by establishing a contract or written agreement with a food recovery organization or food recovery service.
Commercial edible food generator Tier two commercial edible food generator fails to arrange to requirement: Section 5-2981 recover the maximum amount of its edible food that would otherwise be disposed by establishing a contract or written agreement with a food recovery organization or food recovery service and comply with this section commencing Jan. 1, 2024.
Commercial edible food generator Tier one or tier two commercial edible food generator requirement: Section 5-2981 intentionally spoils edible food that is capable of being recovered by a food recovery organization or food recovery service.
Commercial business, commercial Failure to provide or arrange for access to an entity's premises edible food generator, food recovery for any Inspection or investigation. organization or food recovery service requirement: Sections 5-2979, 5-2981 and 5-2982
Recordkeeping requirements for A tier one or tier two commercial edible food generator fails to commercial edible food generator: keep required records. Section 5-2981
Recordkeeping requirements for food A Food recovery organization or food recovery service that has recovery services and food recovery established a contract or written agreement to collect or receive organizations: Section 5-2982 edible food directly from a commercial edible food generator pursuant to 14 CCR Section 18991.3(b) fails to keep required records.
(Ord. No. 4594, § 2, 2-15-2022)
5-2987 - REMEDIES CUMULATIVE.
All remedies provided for herein are cumulative, not exclusive, and are in addition to any other remedy or penalty provided in this Code and by law. Nothing in this chapter shall be deemed to authorize or permit any activity that violates any provision of state or federal statute.
(Ord. No. 4594, § 2, 2-15-2022)
5-2988 - CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
The ordinance from which this chapter derives is being introduced pursuant to CalRecycle's SB 1383 Regulations. The SB 1383 Regulations were the subject of a program environmental impact report (EIR) prepared by CalRecycle. The activities to be carried out under this chapter are entirely within the scope of the SB 1383 Regulations and that EIR. No mitigation measures identified in the EIR are applicable to the County's enactment of this Ordinance. Moreover, none of the conditions requiring a subsequent or supplemental EIR, as described in Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163, have occurred. The EIR therefore adequately analyzes any potential environmental effects of this chapter and no additional environmental review is required. On a separate and independent basis, the ordinance is exempt from CEQA pursuant to Section 15308, Class 8 of the CEQA Guidelines as an action that will not have a significant impact on the environment and as an action taken by a regulatory agency for the protection of the environment, specifically, for the protection of the climate. There are no unusual circumstances that would cause this Ordinance to have a significant effect on the environment.
(Ord. No. 4594, § 2, 2-15-2022)
5-2989 - SEVERABILITY.
If any part or subsection of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness, or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this chapter.
(Ord. No. 4594, § 2, 2-15-2022)
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