San Joaquin County Municipal Code § 5-2984 Self-Haulers

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)

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.

(fff) "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)

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)

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)

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 Section 5-2984.

(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)

(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)

(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)

(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)

(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)

(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)

(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)

(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.

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(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.

(Ord. No. 4594, § 2, 2-15-2022)

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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)

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)

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)