San Luis Obispo Municipal Code Ch. 8.04 Solid Waste, Recycling, and Organic Waste

“Alternative daily cover (ADC)” has the same meaning as in Section 20690 of Title 27 of the California Code of Regulations.

“Alternative intermediate cover (AIC)” has the same meaning as in Section 20700 of Title 27 of the California Code of Regulations.

“Bin” means a container with capacity of approximately one to eight cubic yards, with a hinged lid, and with wheels (where appropriate), that is serviced by a front-end-loading collection vehicle, including bins with compactors attached to increase the capacity of the bin.

“C&D (debris)” or “construction and demolition debris” means building materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in California Code of Regulations, Title 22, Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, brick, gypsum wallboard, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe and steel.

“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).

“Cart” means a plastic container with a hinged lid and wheels that is serviced by an automated or semi-automated collection vehicle. A cart has capacity of twenty, thirty-five, sixty-four or ninety-six gallons (or similar volumes).

“City disposal site” means and refers to that certain tract of land which the franchisee shall furnish and use as a place of depositing garbage, rubbish and C&D.

“Commercial business” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, or industrial facility.

“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

“Compactor” means a mechanical apparatus that compresses materials together with the container that holds the compressed materials or the container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two- to eight-cubic-yard bin compactors serviced by front-end loader collection vehicles and ten- to fifty-cubic-yard drop box compactors serviced by roll-off collection vehicles.

“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4) (or any variation thereof) and includes a controlled biological decomposition of organic materials yielding a safe and nuisance-free compost product.

“Container(s)” means bins, carts, compactors, and roll-offs.

“Contractor” means a corporation organized and operating under the laws of the state and its officers, directors, employees, agents, companies, related parties, affiliates, subsidiaries, and subcontractors.

“Creek” means a natural stream of water normally smaller than and often tributary to a river. May be seasonal in that it is dry during certain times of the year.

“Customer” means the person whom contractor submits its billing invoice to and collects payment from for collection services provided to a premises. The customer may be either the occupant or owner of the premises.

“Designee” means an entity that the city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

“Developed property” means any property which has been altered from its natural state by the construction or erection of materials located in, upon, or attached to something located in or upon the ground.

“Discarded materials” means recyclable materials, organic materials, and solid waste placed by a generator in a collection container and/or at a location for the purposes of collection excluding excluded waste.

“Drainageway” means a route or course along which water moves or may move to drain a region. These are generally manmade as compared to “creeks.”

“Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Health and Safety Code, including the California Retail Food Code.

“Enforcement action” means an action of the city to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

“Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

“Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

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

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

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

“Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

“Food waste” means source-separated food scraps and food-soiled paper.

“Franchisee” means and includes a person whom the city has granted the privilege of collecting and disposing of refuse, garbage, rubbish, and other solid waste produced within the limits of the city under the terms set out in this chapter, and under the provisions of the charter of the city, as amended.

“Garbage” means and includes kitchen and table refuse, offal, swill and also every accumulation of animal and vegetable refuse, and other matter that attends the preparation, consumption, decay or dealing in or storage of meats, fish, fowl, birds, fruits or vegetables. It shall also include crockery, bottles, tin vessels, fireplace ashes and all or any refuse, save and excepting as defined in this section as rubbish or C&D.

“Generator” means a person or entity that is responsible for the initial creation of one or more types of discarded materials.

“Grocery store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

“Hazardous waste” means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state in Health and Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or recodifications of such statutes or identified and listed as solar panels from residential premises, and hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

“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 between January 1, 2022, and December 31, 2024, and seventy-five percent 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).

“Incinerator” means and includes fireproof receptacles approved by the city engineer or fire chief, and used for disposing of combustible rubbish on private premises.

“Inspection” means a site visit where a city reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of recyclable materials, organic waste, solid waste or edible food handling 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).

“Lake” means a considerable inland body of standing water, an expanded part of a river, a reservoir formed by a dam, or a lake basin intermittently or formerly covered by water.

“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 two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

“Large venue” means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

“Multifamily residential dwelling” or “multifamily” or “MFD” means of, from, or pertaining to residential premises with five or more dwelling units including such premises when combined in the same building with commercial establishments, that receive centralized, shared, collection service for all units on the premises which are billed to one customer at one address. Customers residing in townhouses, mobile homes, condominiums, or other structures with five or more dwelling units who receive individual service and are billed separately shall not be considered multifamily. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

“Occupant” means the person who occupies a premises.

“Organic materials” means yard trimmings and food waste, individually or collectively that are set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of processing. No discarded material shall be considered to be organic materials, however, unless it is separated from recyclable material and solid waste. Organic materials are a subset of organic waste.

“Organic materials container” shall be used for the purpose of storage and collection of source-separated organic materials.

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

“Owner” means the person(s) holding legal title to real property and/or any improvements thereon and shall include the person(s) listed on the latest equalized assessment roll of the county assessor.

“Premises” means and includes any land, building and/or structure, or portion thereof, in the city where discarded materials are produced, generated, or accumulated. All structures on the same legal parcel, which are owned by the same person shall be considered as one premises.

“Prohibited container contaminants” means the following: (1) discarded materials placed in the recyclable materials container that are not identified as acceptable source-separated recyclable materials for the city’s recyclable materials container; (2) discarded materials placed in the organic materials container that are not identified as acceptable source-separated organic materials for the city’s organic materials container; (3) discarded materials placed in the solid waste container that are acceptable source-separated recyclable materials and/or source-separated organic materials to be placed in city’s organic materials container and/or recyclable materials container; and (4) excluded waste placed in any container.

“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).

“Recyclable materials” means those discarded materials that the generators set out in recyclables containers for collection for the purpose of recycling by the service provider and that exclude excluded waste. No discarded materials shall be considered recyclable materials unless such material is separated from organic materials, and solid waste. Recyclable materials shall include, but not be limited to, aluminum, newspaper, clear and colored glass, tin and bi-metal, high density polyethylene (HDPE), polyethylene terephthalate (PET), cardboard, chipboard, and mixed paper. For the purpose of collection of recyclable materials through contractor’s collection services, recyclable materials shall be limited to those materials identified by the collection contractor as acceptable recyclable materials.

“Recyclable materials container” shall be used for the purpose of storage and collection of source-separated recyclable materials.

“Refuse” means and includes garbage, rubbish or both.

“Refuse collector” means and includes the same as the term “franchisee.”

“Residential” shall mean of, from, or pertaining to a single-family premises or multifamily premises including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments.

“Responsible party” means the owner, property manager, tenant, lessee, occupant, or other designee that subscribes to and pays for recyclable materials, organic materials, and/or solid waste collection services for a premises in the city, or, if there is no such subscriber, the owner or property manager of a single-family premises, multifamily premises, or commercial premises. In instances of dispute or uncertainty regarding who is the responsible party for a premises, “responsible party” shall mean the owner of a single-family premises, multifamily premises, or commercial premises.

“Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

“Rubbish” means and includes all combustible and noncombustible waste matter, excepting garbage ordinarily accumulating in and about residences, flats, buildings, apartment houses, lodging houses, hotels, restaurants, eating houses, stores, shops, offices and other public buildings. Among other things, it shall include tree trimmings, grass cuttings, dead plants and weeds, but shall not include C&D.

“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.

“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.

“Self-haul” means to act as a self-hauler.

“Self-hauler” means a person, who hauls solid waste, organic waste or recyclable material they have generated to another person. Self-hauler also includes a landscaper, or a person who back-hauls waste. “Back-haul” means generating and transporting recyclable materials or organic waste to a destination owned and operated by the generator or responsible party using the generator’s or responsible party’s own employees and equipment.

“Service level” refers to the size of a customer’s container and the frequency of collection service.

“Single-family” or “SFD” refers to any detached or attached house or residence of four units or less designed or used for occupancy by one family; provided, that collection service feasibly can be provided to such premises as an independent unit, and the owner or occupant of such independent unit is billed directly for the collection service. Single-family includes townhouses, and each independent unit of duplex, tri-plex, or four-plex residential structures, regardless of whether each unit is separately billed for their specific service level.

“Solid waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, C&D debris, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

1. Hazardous waste, as defined in the State Public Resources Code Section 40141.

2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

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

4. Recyclable materials, organic materials, and construction and demolition debris when such materials are source separated.

Solid waste includes salvageable materials only when such materials are included for collection in a solid waste container not source separated from solid waste at the site of generation.

“Solid waste container” shall be used for the purpose of storage and collection of solid waste.

“Source separated” or “source-separated (materials)” means materials, including commingled recyclable materials and organic 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, responsible party, or responsible party’s employee, into different containers for the purpose of collection such that source-separated materials are separated from solid waste for the purposes of collection and processing.

“Source-separated organic materials” means organic materials that are source separated and placed in an organic materials container.

“Source-separated recyclable materials” means recyclable materials that are source separated and placed in a recyclable materials container.

“Tier two commercial edible food generator” means a commercial edible food generator that is one of the following:

1. Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.

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

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

4. Large venue.

5. Large event.

6. A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.

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

If the definition in 14 CCR Section 18982(a)(74) of “tier two commercial edible food generator” differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.

“Ton” or “tonnage” means a unit of measure for weight equivalent to two thousand standard pounds where each pound contains sixteen ounces.

“Waste” means solid waste and source-separated waste. (Ord. 1706 § 3, 2021; Ord. 1040, 1985; prior code § 5200)

No person shall deposit, keep, accumulate or permit any C&D debris, source-separated materials, or other solid waste to be deposited, kept or accumulated upon any lot or parcel of land, or on any public or private place, creek, lake or drainageway, street, lane, alley or drive, unless the same shall be kept, deposited or allowed to accumulate as provided in this chapter.

A. Waste. No person shall keep, accumulate or permit to be kept or accumulated any waste upon any lot or parcel of land, or on any public or private place, street, lane, alley or drive, unless the same shall be in metal or plastic receptacles provided or approved by the franchisee. The maximum weight of a cart* and its contents at collection time shall not exceed seventy-five pounds. Each receptacle shall be provided with close-fitting metal or plastic lids or covers which shall be kept closed at all times except when necessarily opened to permit waste to be taken therefrom or deposited therein. Each receptacle shall be kept in a clean, neat, sanitary condition at all times. The outside of each receptacle, including its cover, shall be kept clean from accumulating grease or decomposing material. Waste shall not be kept in any creek, lake or drainageway whether it is in a receptacle or not.

* Code reviser’s note: Per the city’s request, this word has been changed from “receptacle” to “cart” so as to use the correct terminology.

B. Location of Waste Containers. Each container provided or approved by the franchisee shall be kept or placed entirely above ground level at a location which is convenient for access by collection personnel during the time for collection, as follows:

1. Where there is an alley, other than a blind alley, in the rear of the premises, such container shall be placed on the premises within five feet of the rear property line.

2. Where there is no alley, such container shall be placed on the premises within twenty feet of the rear of the restaurant, cafe, cafeteria, hospital, hotel, boarding house, and other like eating places, apartment houses, or dwelling from which waste is accumulated. It may not be placed in any creek, lake or drainageway.

C. Containers which do not comply with the requirements as stipulated in this chapter or which deteriorate to the point where they do not comply will be tagged by the franchisee and, if not replaced by the next regular collection day, will be considered as waste and will be removed by the franchisee in the same manner as any other waste.

D. No person shall place, store or otherwise keep any waste container in a receptacle or pit in an exterior location which is not entirely above ground level.

E. Waste containers shall not be placed adjacent to the street for pickup more than twenty-four hours before pickup time, and such containers shall be removed within the twelve-hour period following pickup, except in the Business Improvement Area (as defined in Chapter 12.36). In the Business Improvement Area, waste containers shall not be placed adjacent to the street for pickup before 5:00 p.m. or the close of business on the day preceding pickup, whichever is later. Such containers shall be removed before 10:00 a.m. following pickup.

F. No person shall place any waste into a waste container without permission of the owner or tenant of the property on which the container sits. (Ord. 1706 § 4, 2021; Ord. 1192 § 1, 1990; Ord. 1176 § 1, 1990; Ord. 1040, 1985; prior code § 5200.1)

A. Solid Waste and C&D Debris Transportation. No solid waste or C&D debris shall be removed and carried on and along the streets and alleys of the city except that the same be carried, conveyed or hauled in conveyances so constructed as to be absolutely dustproof, and so arranged as not to permit dust or other matter to shift through or fall upon the streets and alleys. The contents of such conveyances must be further protected so as to prevent the same from being blown upon the streets, alleys and adjacent lands.

B. Wet Waste Transportation. No wet waste shall be removed and carried on or along any street or alley of the city except the same be transported in watertight containers with proper covers, so that the waste shall not be offensive and every such container shall be kept clean and the waste shall be so loaded that none of it shall fall, drip or spill to or on the ground, sidewalk or pavement. (Ord. 1706 § 5, 2021; prior code § 5200.2)

All waste of any kind, shall be removed by the city, its agent, employees, or permittees or representatives, at least once every seven days, unless otherwise directed by the city health office or the city engineer. (Ord. 1706 § 6, 2021; prior code § 5200.3)

It shall be the duty of any franchisee engaged in or conducting the business of collecting waste to remove waste to which the attention of the franchisee may be directed by the health officer or city engineer, and where waste is accumulated and thence removed, any and all of the cost of the removal of waste shall be collected in accordance with the provisions of this chapter. (Ord. 1706 § 7, 2021; prior code § 5200.4)

A. The franchisee shall contract with the operator of a disposal site situated without the city limits for disposal of waste collected within the city. All waste collected within the city and not separated for recycling or composting shall be delivered to the disposal site and disposed of according to the regulations of the disposal site.

B. The council is authorized to adopt by resolution all necessary rules and regulations for the efficient and sanitary maintenance of the city disposal site, and to change or amend the same. (Ord. 1706 § 8, 2021; Ord. 1176 § 2, 1990; prior code § 5200.5)

A. The city has determined that periodic collection and disposal of solid, recyclable, and organic waste from all developed properties in the city benefits all occupants of developed properties in the city.

B. The city will provide waste collection and disposal service through its franchisee; and all developed properties in the city must use the city’s waste collection and disposal service, except that there may be joint or multiple use of waste containers, subject to conditions established by the city.

C. The franchisee shall collect all fees for waste collection and disposal.

D. The owner of developed property shall be responsible and liable for paying the waste collection and disposal fees for that property. The franchisee will bill a tenant if requested by the owner, but the owner shall remain responsible and liable for payment of the waste collection disposal fees for the property.

E. The owner of developed property shall be responsible for modifying frequency and volume of waste collection and disposal service to remain compliant with this chapter.

F. At an interval established by the franchisee and the city, the franchisee may take the following actions to collect delinquent residential and commercial solid waste collection and disposal accounts:

1. Franchisee may present to the city a list of property owners (with corresponding parcel numbers) within the city whose service accounts remain unpaid for one hundred twenty or more days after the date upon which they were billed and that are considered delinquent.

2. Franchisee may send a certified letter by certified mail, return receipt requested, and by regular first-class mail, to each property owner identified in subsection (F)(1) of this section notifying the property owner of the amount of the delinquent fees (as defined in subsection (F)(1) of this section) for each identified parcel of land. The notice of delinquent fees shall request payment within forty-five calendar days from the date the notice of delinquent fees was issued. The notice of delinquent fees shall further notify the property owner that nonpayment of the delinquent fees may result in the city directing the San Luis Obispo County auditor to place the delinquent amount on the tax roll for the owner’s property to be collected at the same time and in the same manner as property taxes.

3. At least forty-five days after the date the notice of delinquent fees was issued, the franchisee may present to the city a list of property owners (with corresponding parcel numbers) who have failed to make payment as required in subsection (F)(2) of this section and whose service accounts therefore are still delinquent.

G. After the franchisee has completed all of the actions listed in subsection F of this section, the city may implement the following collection procedures in accordance with Government Code Section 25831 made applicable by Government Code Section 38790.1:

1. The city council shall cause notice of the hearing to be mailed to each property owner listed on the report not less than ten days prior to the date of the hearing.

2. At the public hearing, city council shall hear any objections or protests of landowners liable to be assessed for delinquent fees. The city council may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

3. The delinquent fees set forth in the report as confirmed by resolution of the city council shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of the delinquent fees.

4. A certified copy of the confirmed report shall be filed with the county auditor for the amount of the respective assessments against the respective parcels of land as they appear on the current assessment roll.

5. The lien created attaches upon recordation, in the office of the county recorder, of a certified copy of the resolution of confirmation.

6. The assessment shall be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for those taxes.

7. All laws applicable to the levy, collection, and enforcement of the county ad valorem property taxes shall be applicable to the assessment, except that if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to the real property and the delinquent fees, as confirmed, relating to the property shall be transferred to the unsecured roll for collection.

H. The franchisee shall bear the full cost of any delinquent fees to lien-affected properties.

I. Payments made to the franchisee hereunder, if any, shall be made only from monies actually received by the city from the delinquent property owners pursuant to this section. (Ord. 1745 § 3, 2025; Ord. 1734 § 2, 2024; Ord. 1706 § 9, 2021; Ord. 1176 § 3, 1990; prior code § 5200.6)

Collection rates for waste disposal shall be set by a resolution of the council. (Ord. 1706 § 10, 2021; prior code § 5200.6A)

Every truck used in the collection and removal of waste shall be kept well painted, clean inside and out, and in a prominent place on each truck display the following sign with appropriate number:

“SOLID WASTE” or “RECYCLING” or “ORGANIC WASTE” SERVICE

San Luis Obispo, California

No. ____________

(Ord. 1706 § 11, 2021; prior code § 5200.7)

A. No waste matter shall be burned in the open air within the city, except barbecue fires.

B. No waste matter which shall, in burning, cause or create a dense or offensive smoke, shall be burned upon any premises within the corporate limits of the city, whether in an incinerator or not, except as noted in subsection A of this section.

C. No waste shall be disposed of by burying the same underground, except that waste may be made use of for the filling of low areas within the city when it is properly leveled and covered with dirt and upon written permission of the health officer or city engineer. (Ord. 1706 § 12, 2021; prior code § 5200.8)

Nothing in this chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the health officer or city engineer to constitute a health menace of such nature as necessary to be ordered by either of the officers to be promptly removed. (Prior code § 5200.9)

A. Nothing in this chapter contained shall be construed to prohibit any producer of waste from personally hauling in producer’s vehicle, through the streets of the city and disposing of same at the city disposal site; provided, that such hauling and disposal shall at all times be subject to the approval of the health officer.

B. The person in charge of any vehicle used to haul waste under the permission granted by the provisions of this chapter shall, on request from the custodian of or person in charge at the city disposal site, exhibit satisfactory evidence showing that such waste accumulated in, and was hauled from, the city, and that the producer thereof is a resident of the city.

C. The permission granted by the provisions of this chapter shall not include the right to haul and dispose of dead animals, C&D debris, old automobile bodies or frames, nor any refuse or rubbish originating in a commercial establishment where the quantity exceeds one cubic yard.

D. The city is authorized, by resolution duly adopted by the council, to provide that any person who shall haul his or her own solid waste and dispose of the same at the city disposal site shall pay to the franchisee holding a franchise from the city, a fee for such privilege. The rate of such fee shall be established by such resolution and may be changed from time to time by the council by resolution duly adopted by the council. (Ord. 1706 § 13, 2021; prior code § 5200.10)

No person, other than the franchisee, shall collect, remove or haul solid wastes over the streets of the city; provided, however, that this section shall not apply to producer-hauling as provided in Section 8.04.120, nor to persons who have a permit from the health officer or city engineer for emergency removal of the same. (Ord. 1706 § 14, 2021; prior code § 5200.11)

The city engineer in conjunction with the health officer has power to establish rules and regulations not inconsistent with this chapter governing the collection and disposal of waste; provided, that such rules and regulations shall have as their purpose the enforcement of the provisions of this chapter and the health and sanitary laws and ordinances in effect in the city. (Ord. 1706 § 15, 2021; prior code § 5200.12)

For the collection and disposal of waste a franchise may be granted by the city in accordance with and subject to the terms and conditions of this chapter and the city charter. (Ord. 1706 § 16, 2021; prior code § 5200.14)

In all cases of disputes or complaints arising from or concerning the place where the waste containers shall be placed while awaiting the removal of their contents, or concerning the cost of such removal, the same shall be determined by the city council or the health officer, and such decision shall be final. (Ord. 1706 § 17, 2021; prior code § 5200.15)

No person shall dump, deposit, keep or accumulate any C&D debris or any other waste material which, if thrown or deposited, tends to create a hazard to public health, safety and welfare on any public or private place, creek, lake, drainageway, street, lane, alley or drive, except the same be kept, deposited or allowed to accumulate temporarily, during the period of factual construction on premises under construction or alteration, and in a manner approved by the building inspector. Failure of a building permittee to clean up unapproved accumulations within three working days after the building inspector serves written notice upon the permittee or his or her agent so to do shall result in summary suspension of the building permit until such time as the condition is corrected to the satisfaction of the building inspector. The suspension authorized in this section shall be in addition to the misdemeanor penalties provided for elsewhere in this code. (Ord. 1706 § 18, 2021; Ord. 1040, 1985; prior code § 5200.16)

The owner or person in control of any private property shall, at all times, maintain the premises free of waste, debris, or any other waste material, except pursuant to a permit approved by the city engineer for fill and compaction work; and provided, that this section and Section 8.04.170 shall not prohibit the temporary storage of such waste materials in private receptacles for collection.

The owner, the customer of the franchisee, or person in control of any private premises shall, at all times, except when accessing the affected container, keep any locking mechanism required pursuant to Section 8.04.210 engaged such that the container is locked and access to the container is restricted. The owner, the customer, or person in control of the premises shall also maintain any locking mechanism required pursuant to Section 8.04.210 in good working order at all times. (Ord. 1734 § 2, 2024; Ord. 1706 § 19, 2021; prior code § 5200.17)

No person shall throw or deposit any handbills or advertising matter in or upon any vehicle. Provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge, to the receiver thereof, such handbills or advertising matter to any occupant of a vehicle who is willing to accept it. (Prior code § 5200.18)

Storage or parking of unlicensed vehicles or vehicles not in operating condition, for any period in excess of thirty days, is prohibited. The owner or person in control of any private property shall keep the premises free of any such parked or stored vehicles, except where permitted under the city zoning ordinance and pursuant to a valid city business license. (Prior code § 5200.19)

A. Notice to Remove. Those persons so authorized and empowered by Section 8.04.220 to enforce the provisions of this chapter may notify the owner, his or her agent, the customer, or person in control of any private premises within the city to dispose of waste matter prohibited by Sections 8.04.170 through 8.04.190 and/or impose preventive measures to stop the continued accumulation of prohibited waste matter on the premises. Such notice shall be given by posting upon the private premises and by certified mail addressed to the owner, his or her agent, the customer or such other person at his or her last known address, or by personal service on the owner, agent, the customer, or person in control or occupant of the property.

B. Content of Notice—Locking Mechanism. The notice shall describe the work to be done and shall state that if the work is not completed within five days after receipt of notice, city staff may dispose of the prohibited waste matter and may, at the city’s discretion, impose preventive measures to stop continued accumulation of prohibited waste matter including, but not limited to, installation of a locking mechanism on any container at the premises. The notice shall state that any required locking mechanism will be installed by the franchisee and that the customer shall reimburse the franchisee for the cost of the locking mechanism and associated installation. The notice shall further state that the cost incurred by the city to remove and dispose of prohibited waste matter and any incidental expenses shall be a lien on the property. The notice shall be substantially in the following form:

NOTICE TO REMOVE WASTE MATTER AND IMPOSITION OF PREVENTIVE MEASURES

The owner, his or her agent, the customer, or person in control of the premises described as follows: ____________________________________________ commonly known as ____________________________________________ is hereby ordered to properly dispose of the waste matter located on the premises within five days from the date of this notice. If the disposal of the waste matter herein indicated is not completed within five days, staff of the city of San Luis Obispo shall cause such disposal to be done and may impose preventive measures to stop the continued accumulation of prohibited waste matter, including ordering installation of a locking mechanism on any container at the premises. The cost incurred by the city to remove and dispose of prohibited waste matter, including any incidental expenses, will be made a lien upon said property, pursuant to the provisions of Municipal Code Section 8.04.210 of the city of San Luis Obispo. Any locking mechanisms required by the city as a preventive measure shall be installed by [FRANCHISEE] and the cost of the locking mechanism and associated installation shall be assessed by [FRANCHISEE] directly to the customer for reimbursement to [FRANCHISEE].

Estimated Cost of Disposal $____________

Estimated Cost of Locking Mechanism Installation $____________ (to be assessed by [FRANCHISEE] directly to the customer)

The estimates provided above may not be the full or actual costs that will be assessed against the customer upon abatement by the city.

Date__________

[CITY ENGINEER] of the city of San Luis Obispo

C. Action Upon Noncompliance. Upon the failure of the owner, the customer, agent or person in control of the premises so notified to fully and properly dispose of the waste matter within five days after notice has been given as provided in this section, or within ten days after the date of mailing such notice in the event the post office department is unable to make delivery thereof, provided the same was properly addressed to the last known address of such owner, the customer, agent, or person in control of the premises, the city engineer may order disposal of the waste by city forces and impose preventive measures to stop continued accumulation of prohibited waste matter on the premises including, but not limited to, requiring installation of a locking mechanism on any container at the premises at the customer’s expense. In determining whether to impose preventive measures, the city engineer shall consider any information and/or evidence obtained from the city engineer’s (or their authorized representative’s) own observations, the franchisee, code enforcement officers, police department employees, other city staff, or in substantiated written complaints by any person, that the premises have not been maintained free of waste matter. Before the city engineer, or an authorized representative described above, arrives to implement a preventive measure, any property owner may do so at their own expense. If the city or its agents is refused entry for the purposes of disposing waste matter or implementing preventive measures as discussed herein, the city shall seek the assistance of any court of competent jurisdiction to authorize entry by city staff or franchisee acting on behalf of the city. It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the city or its agents to enter upon the premises for the purposes set forth above. The city engineer, or their authorized representative, may order immediate abatement of any violation of this section that constitutes an immediate and significant threat to the health, safety, or well-being of the public.

D. Statement of Costs. When the city or franchisee has removed, paid for removal of prohibited waste matter, installed, or paid for the installation of any preventive measures, the actual cost thereof, plus accrued interest at the rate of six percent per year from the date of the completion of the work, shall be charged to the owner of the premises and the owner, or his or her agent, shall be billed therefor by mail, if not paid prior thereto. The bill shall apprise the owner that failure to pay the bill will result in a lien, accrual of interest, and imposition of a delinquent penalty.

E. Recorded Statement Constitutes a Lien. Where the full amount due the city is not paid by such owner within thirty days after date of the billing, the city engineer, or their authorized representative, shall cause to be filed with the city clerk a sworn or certified statement showing the cost and expense incurred for the work, the date the work was done, and the location of the premises on which the waste disposal work was done. The city council shall confirm the costs of abatement under this section at a public hearing prior to recordation of the lien with the appropriate offices of the county of San Luis Obispo. The recordation of such sworn or certified statement shall constitute a lien on the premises, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. The remedy provided in this section is cumulative to other remedies available to the city and shall not constitute an election of remedies by the city. (Ord. 1734 § 2, 2024; prior code § 5200.20)

A. Except responsible parties of single-family premises that meet the self-hauler requirements in Section 8.04.218, responsible parties of single-family premises shall comply with the following requirements:

1. Subscribe to and pay for city’s three-container collection services for weekly collection of recyclable materials, organic materials, and solid waste generated by the single-family premises and comply with requirements of those services set forth in this chapter. The franchisee, city and its designee(s) 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 of materials and containment of materials. The responsible parties for single-family premises shall adjust their service level for their collection services as requested by the city.

2. Participate in the city’s three-container collection service(s) in the manner described below.

a. Place, or, if responsible party is not an occupant of the single-family premises, direct its generators to place source-separated organic materials, including food waste, in the organic materials container; source-separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.

b. Not place, or, if responsible party is not an occupant of the single-family premises, direct its generators to not place prohibited container contaminants in collection containers and not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.

B. Nothing in this section prohibits a responsible party or generator of a single-family premises from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c). (Ord. 1706 § 21, 2021)

A. Responsible parties of multifamily premises shall provide or arrange for recyclable materials, organic materials, and solid waste collection services consistent with this chapter and for employees, contractors, and tenants. Responsible parties of multifamily premises may receive waivers pursuant to Section 8.04.214 for some requirements of this section.

B. Except for responsible parties of multifamily premises that meet the self-hauler requirements in Section 8.04.218, including hauling services arranged through a landscaper, responsible parties of multifamily premises shall:

1. Subscribe to and pay for city’s three-or-more-container collection services and comply with requirements of those services for all recyclable materials, organic materials, and solid waste generated at the multifamily premises as further described below in this section. The franchisee, city and its designee(s) shall have the right to review the number and size of the generators’ collection containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. The generator of a multifamily premises shall adjust their service level for their collection services as requested by the city or its designee.

2. Participate in the city’s three-or-more-container collection service(s) for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below.

a. Place and/or direct its generators to place source-separated organic materials, including food waste, in the organic materials container; source-separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.

b. Not place and/or direct its generators to not place prohibited container contaminants in collection containers and to not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.

3. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with city’s recyclable materials container, organic materials container, and solid waste container collection service or, if self-hauling, consistent with the multifamily premises’ approach to complying with self-hauler requirements in Section 8.04.218.

4. Annually provide best practice information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste.

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

6. Provide or arrange access for city and/or its designee(s) to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.

C. If the responsible party of a multifamily premises wants to self-haul, the responsible party must meet the self-hauler requirements in Section 8.04.218.

D. Multifamily premises that generate two cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the state) that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a multifamily premises and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this chapter.

E. Nothing in this section prohibits a responsible party or generator of a multifamily premises from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c). (Ord. 1706 § 21, 2021)

A. Responsible parties of commercial businesses shall provide or arrange for recyclable materials, organic materials, and solid waste collection services consistent with this chapter and for employees, contractors, tenants, and customers. Responsible parties of commercial premises may receive waivers pursuant to Section 8.04.214 for some requirements of this section.

B. Except responsible parties of commercial businesses that meet the self-hauler requirements in Section 8.04.218, including hauling services arranged through a landscaper, responsible parties of commercial premises shall:

1. Subscribe to and pay for city’s three-or-more-container collection services and comply with requirements of those services for all recyclable materials, organic materials, and solid waste generated at the commercial premises as further described below in this section. City and its designee(s) shall have the right to review the number and size of a commercial premises’ containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. The responsible party of the commercial business shall adjust their service level for their collection services as requested by the city or its designee.

2. Participate in the city’s three-or-more-container collection service(s) for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below.

a. Place and/or direct its generators to place source-separated organic materials, including food waste, in the organic materials container; source-separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.

b. Not place and/or direct its generators to not place prohibited container contaminants in collection containers and to not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.

3. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with city’s recyclable materials container, organic materials container, and solid waste container collection service or, if self-hauling, consistent with the commercial premises’ approach to complying with self-hauler requirements in Section 8.04.218.

4. Provide containers for customers for the collection of source-separated recyclable materials and source-separated organic materials in all indoor and outdoor areas where solid waste containers are provided for customers, for materials generated by that commercial business. Such containers shall be visible and easily accessible. 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, as demonstrated through an approved de minimis waiver per Section 8.04.214(A), then the responsible party of the commercial business does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the responsible party of the commercial business shall have either:

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

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

5. To the extent reasonably practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the city’s recyclable materials container, organic materials container, and solid waste collection service or, if self-hauling, per the instructions of the commercial business’s responsible party to support its compliance with self-hauler requirements in Section 8.04.218.

6. Periodically inspect recyclable materials containers, organic materials containers, and solid waste containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

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

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

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

C. If the responsible party of a commercial business wants to self-haul, meet the self-hauler requirements in Section 8.04.218.

D. Nothing in this section prohibits a responsible party or a generator of a commercial business from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

E. Responsible parties of commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.04.215. (Ord. 1706 § 21, 2021)

A. De Minimis Waivers for Multifamily Premises and Commercial Premises. The city or its designee may waive a responsible party’s obligation to comply with some or all recyclable materials and organic waste requirements set forth in this chapter if the responsible party of the commercial business or multifamily premises provides documentation that the commercial business or multifamily premises meets one of the criteria in subsections (A)(1) and (A)(2) of this section. For the purposes of subsections (A)(1) and (A)(2) of this section, the total solid waste shall be the sum of weekly container capacity measured in cubic yards for solid waste, recyclable materials, and organic materials collection service. Hauling through paper shredding service providers or other incidental services may be considered in granting a de minimis waiver.

1. The commercial business’s or multifamily premises’ total solid waste collection service is two cubic yards or more per week and recyclable materials and organic materials subject to collection in recyclable materials container(s) or organic materials container(s) comprises less than twenty gallons per week per applicable material stream of the multifamily premises’ or commercial business’s total waste (i.e., recyclable materials in the recyclable materials stream are less than twenty gallons per week or organic materials in the organic materials stream are less than twenty gallons per week); or

2. The commercial business’s or multifamily premises’ total solid waste collection service is less than two cubic yards per week and recyclable materials and organic materials subject to collection in a recyclable materials container(s) or organic materials container(s) comprises less than ten gallons per week per applicable material stream of the multifamily premises’ or commercial business’s total waste (i.e., recyclable materials in the recyclable materials stream are less than ten gallons per week or organic materials in the organic materials stream are less than ten gallons per week).

B. Physical Space Waivers. The city or its designee may waive a commercial business’s or multifamily premises’ obligation to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city or its designee has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for recyclable materials containers and/or organic materials containers required for compliance with the recyclable materials and organic materials collection requirements of Section 8.04.212 or 8.04.213 as applicable. Commercial businesses and multifamily premises should defer to the city’s engineering standards for trash enclosure specifications.

C. Review and Approval of Waivers (De Minimis or Physical Space). Waivers shall be granted to responsible parties by the city or its designee according to the following process:

1. Responsible parties of premises seeking waivers shall submit a completed application form to the city’s designee, or the city if there is no designee, for a waiver specifying the waiver type requested, type(s) of collection services for which they are requesting a waiver, the reason(s) for such waiver, and documentation supporting such request.

2. Upon waiver approval, the city’s designee, or the city if there is no designee, shall specify that the waiver is valid for the following duration:

a. For commercial premises, five years, or if property ownership changes, or if occupancy changes, whichever occurs first.

b. For multifamily premises, five years, or if property ownership changes, or if the property manager changes, whichever occurs first.

3. Waiver holder shall notify city’s designee, or the city if there is no designee, if circumstances change such that commercial business’s or multifamily premises may no longer qualify for the waiver granted, in which case waiver will be rescinded.

4. Any waiver holder must cooperate with the city and/or its designee for any on-site assessment of the appropriateness of the waiver.

5. Waiver holder shall reapply to the city’s designee, or the city if there is no designee, for a waiver upon the expiration of the waiver period and shall submit any required documentation, and/or fees/payments as required by the city and/or its designee. Failure to submit a completed application shall equate to an automatic denial of said application.

6. The city or its designee may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable.

7. If the city or its designee does not approve a waiver application or revokes a waiver, the waiver applicant may appeal the decision for additional review pursuant to Chapter 1.20. The city may also, after meeting and conferring with the designee, direct the designee to approve the waiver application and/or repeal the revocation of the waiver. (Ord. 1706 § 21, 2021)

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. Food that is donated shall be free from adulteration, spoilage, and meet the food safety standards of the California Health and Safety Code. Food cannot be donated if it is not in compliance with the food safety standards of the California Health and Safety Code, including food that is returned by a customer, has been served or sold and in the possession of a consumer, or is the subject of a recall.

2. Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

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

4. Allow city’s designated enforcement entity or designated third party enforcement entity 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.

6. Maintain records required by this section for five years.

7. No later than January 31st of each year commencing no later than January 31, 2023, for tier one commercial edible food generators and January 31, 2025, for tier two commercial edible food generators, provide an annual food recovery report to city’s designee, or the city if there is no designee, that includes the following information:

a. The amount, in pounds, of edible food donated to a food recovery service or food recovery organization annually; and

b. The amount, in pounds of edible food rejected by a food recovery service or food recovery organization annually;

c. Any additional information required by the city manager or their designee.

D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 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. 1706 § 21, 2021)

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. Maintain records required by this section for five years.

D. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city it is located in and the city’s designee, if applicable, the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b). The annual report shall be submitted to the city’s designee, or the city if there is no designee, if applicable, no later than January 31st of each year.

E. In order to support edible food recovery capacity planning assessments or other studies conducted by the city that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city’s designee, or the city if there is no designee, if applicable, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city and/or its designee shall respond to such request for information within sixty days, unless a shorter time frame is otherwise specified by the city.

F. Nothing in this chapter prohibits a food recovery organization or food recovery service from refusing to accept edible food from a commercial edible food generator. (Ord. 1706 § 21, 2021)

A. Requirements for Haulers.

1. Franchise hauler(s) providing recyclable materials, organic waste, and/or solid waste collection services to generators within the city’s boundaries shall meet the following requirements and standards as a condition of approval of its contract, agreement, permit, or other authorization with the city to collect recyclable materials, organic materials, and/or solid waste:

a. Through written notice to the city annually on or before January 31st of each year, identify the facilities to which they will transport discarded materials, including facilities for source-separated recyclable materials, source-separated organic materials, and solid waste unless otherwise stated in the franchise agreement, contract, permit, or license, or other authorization with the city.

b. Transport source-separated recyclable materials to a facility that recovers those materials; transport source-separated organic materials to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; transport solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste; and transport manure to a facility that manages manure in conformance with 14 CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC).

c. Obtain approval from the city to haul organic waste, unless it is transporting source-separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and city’s construction and demolition debris recycling program.

2. Franchise hauler(s) authorized to collect recyclable materials, organic materials, and/or solid waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, or other agreement entered into with city.

B. Requirements for Facility Operators and Community Composting Operations.

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

2. Community composting operators with operations located in the city’s boundaries, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty days. (Ord. 1706 § 21, 2021)

A. Every self-hauler shall source separate its recyclable materials and organic materials (materials that city otherwise requires generators or responsible parties to separate for collection in the city’s recyclable materials and organic materials collection program) generated on site from solid waste in a manner consistent with 14 CCR Section 18984.1 and the city’s collection program. Self-haulers shall deliver their materials to facilities described in subsection B of this section.

B. Self-haulers that source separate their recyclable materials and organic materials shall haul their source-separated recyclable materials to a facility that recovers those materials; haul their source-separated organic waste to a facility, operation, activity, or property that processes or recovers source-separated organic waste; and haul their solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste.

C. Self-haulers that are responsible parties of commercial businesses or multifamily premises shall keep records of the amount of recyclable materials, organic waste, and solid waste delivered to each facility, operation, activity, or property that processes or recovers recyclable materials and organic waste and processes or disposes of solid waste or shall keep records of solid waste delivered to high diversion organic waste processing facilities. These records shall be subject to review by the city and/or its designee(s). The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic materials, and solid waste.

2. The amount of material in cubic yards or tons transported by the generator or responsible party 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 recyclable materials, organic materials, and solid waste.

D. Self-haulers of food waste shall retain all records and data required to be maintained by this section for no less than five years after the waste was first delivered to the facility accepting the material. (Ord. 1706 § 21, 2021)

A. City representatives or its designee(s) are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source-separated materials to confirm compliance with this chapter by generators, responsible parties of single-family premises, responsible parties of commercial businesses, responsible parties of multifamily premises, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. Inspection of residential containers may only be conducted once container is placed on a curb or sidewalk for the intended purpose of being serviced. This section does not permit city or its designee to enter the interior of a private residential property for inspection, nor does it allow city or its designee to approach a residential structure if containers are not pulled out to curb or sidewalk for service.

B. Entities regulated by this chapter shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s representative or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure of a responsible party to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Chapter 8.04.

C. Any records obtained by a city or its designee during its inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

D. City or its designee shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 Regulations, including receipt of anonymous complaints.

E. City representatives and/or their designee are authorized to provide informational notices to entities regulated by this chapter regarding compliance with this chapter. (Ord. 1706 § 21, 2021)

A. The city’s code enforcement division, city engineer, and the police department are specifically empowered to enforce the provisions of this chapter.

B. No person shall in any manner interfere with the collection or disposal of waste by any person authorized by franchise to collect and dispose of the same.

C. Beginning January 1, 2024, if the city determines that a generator, responsible party, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with Sections 8.04.211 through 8.04.219, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed. (Ord. 1706 § 22, 2021; prior code § 5200.13)

In addition to any other remedy authorized by this chapter, any violation of the provisions of this chapter by any person or restaurant is subject to provisions set forth in Chapter 1.24. (Ord. 1706 § 23, 2021; prior code § 5200.21)