Article V — ORGANIC WASTE COLLECTION

Single-Family Organic Waste Generators shall comply with the following requirements except Single-Family generators that meet the self-hauler requirements in Section 8.68.580:

(a)

Shall subscribe to City's Organic Waste collection services for all Organic Waste generated as described below in Section 8.68.520(b). City and its designees 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; and, Single-Family generators shall adjust its service level for its collection services as requested by the City or its designees. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

(b)

Shall participate in the City's Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers.

(1)

Generator shall place Source Separated Green Container Organic Waste, including Food Waste and Yard Trimmings, in the Green Container. Yard Trimmings must be reduced in size to fit the green container; no uncontainerized Yard trimmings will be collected. Plastic bags and compostable plastics, including compostable plastic bags, will not be allowed for organic waste or yard trimmings in the green container. Carpets, non-compostable paper, and hazardous wood are not allowed in the green container.

(2)

Generator shall place Source Separated Recyclable Materials in the Blue Container, including non-organic recyclables aluminum, glass bottles, rigid plastics marked #1-7, and tin and bi-metal cans; and some organic recyclables, including paper products, printing and writing paper, wood, dry lumber, and textiles. Hazardous wood waste is not allowed in the blue container.

(3)

Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. Carpets are not allowed in the Gray Container.

(Ord. No. 2021-1506, § 1, 10-26-2021)

Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:

(a)

Subscribe to City's three container collection services and comply with requirements of those services as described below in Section 8.68.530(b), except Commercial Businesses that meet the Self-Hauler requirements in Section 8.68.580. City and its designees 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 of materials and containment of materials; and Commercial Businesses shall adjust their service level for their collection services as requested by the City or its designees.

(b)

Except Commercial Businesses that meet the Self-Hauler requirements in Section 8.68.580(c), participate in the City's Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers.

(1)

Generator shall place Source Separated Green Container Organic Waste, including Food Waste and Yard Trimmings, in the Green Container. Yard Trimmings must be reduced in size to fit the green container; no uncontainerized Yard trimmings will be collected. Plastic bags and compostable plastics, including compostable plastic bags, will not be allowed for organic waste or yard trimmings in the green container. Carpets, non-compostable paper, and hazardous wood are not allowed in the green container.

(2)

Generator shall place Source Separated Recyclable Materials in the Blue Container, including non-organic recyclables aluminum, glass bottles, rigid plastics marked #1-7, and tin and bi-metal cans; and some organic recyclables, including paper products, printing and writing paper, wood, dry lumber, and textiles. Hazardous wood waste is not allowed in the blue container.

(3)

Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. Carpets are not allowed in the Gray Container.

(c)

Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 8.68.530(d)(1) and 8.68.530(d)(2) below) for employees, contractors, tenants, and customers, consistent with City's Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.68.580.

(d)

Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

(1)

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

(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 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(e)

Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Section 8.68.530(d) pursuant to 14 CCR Section 18984.9(b).

(f)

To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City's Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.68.580.

(g)

Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Gray 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).

(h)

Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.

(i)

Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property.

(j)

Provide or arrange access for City or its agent to their properties during all Inspections conducted in accordance with Section 8.68.600 of this ordinance to confirm compliance with the requirements of this ordinance.

(k)

If a Commercial Business wants to self haul, meet the Self-Hauler requirements in Section 8.68.580(c).

(l)

Nothing in this section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

(m)

Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 8.68.550.

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

De Minimis Waivers. The City may waive a Commercial Business' obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 8.68.540(a)(2) below. Commercial Businesses requesting a de minimis waiver shall:

(1)

Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 8.68.540(a)(2) below.

(2)

Provide documentation that either:

(A)

The Commercial Business' 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' total waste; or,

(B)

The Commercial Business' 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' total waste.

(3)

Notify the City if circumstances change such that Commercial Business's Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.

(4)

Provide written verification of eligibility for de minimis waiver every 5 years, if City has approved de minimis waiver.

(b)

Physical Space Waivers. The City may waive a Commercial Business' or property owner's obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has evidence from its own staff, a hauler, 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 Section 8.68.530.

A Commercial Business or property owner may request a physical space waiver through the following process:

(1)

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

(2)

Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.

(3)

Provide written verification to City that it is still eligible for physical space waiver every five years, if City has approved application for a physical space waiver.

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

Tier One Commercial Edible Food Generators must comply with the requirements of this Section 8.68.550 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 with, 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 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)

No later than March 31st of each year, commencing no later than February 1, 2023 for Tier One Commercial Edible Food Generators and February 1, 2025 for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the City that includes the following information:

(A)

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

(B)

The quantity of food, measured in annual pounds recovered, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

(C)

The types of food that is collected by or self-hailed to the Food Recovery Service or Food Recovery Organization.

(D)

The established frequency that food is collected or self-hauled to the Food Recovery Service or Food Recovery Organization.

(E)

The name, address and contact information of the Food Recovery Service or Food Recovery Organization.

(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. 2021-1506, § 1, 10-26-2021)

(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)

No later than March 31st of each year, commencing March 31, 2023 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 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).

(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, City, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

Requirements for Haulers

(1)

Exclusive franchised hauler providing residential, Commercial, or industrial Organic Waste collection services to generators within the City's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:

(A)

Through written notice to the City annually on or before January 1, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, Source Separated Green Container Organic Waste.

(B)

Transport Source Separated Recyclable Materials, Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

(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.

(2)

Exclusive franchised hauler authorization to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with City.

(b)

Requirements for 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 City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.

(2)

Community Composting operators, upon City's request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days.

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that City otherwise requires generators to separate for collection in the City's organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR 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 Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.

(c)

Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:

(1)

Delivery receipts and weight tickets from the entity accepting the waste.

(2)

The amount of material in cubic yards or tons transported by the generator to each entity.

(3)

If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.

(d)

Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in this Section 8.68.580(c) to City if requested.

(e)

A residential Generator that self-hauls Organic Waste is not required to record or report information in this Section 8.68.580(c) and (d). A residential generator that self-hauls Gray Container Waste must comply with Section 8.68.090.

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

Pursuant to SB 1383 Regulations, beginning January 1, 2022, City departments, and suppliers and service providers to the City, as applicable, must comply with the City's Recovered Organic Waste Product Procurement Policy and Recycled-Content Paper Procurement Policy.

(b)

Direct Service Providers of landscaping maintenance, renovation, and construction shall:

(1)

Use Compost and SB 1383 Eligible Mulch, as practicable, produced from recovered Organic Waste, for all landscaping renovations, construction, or maintenance performed for the City, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

City representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This section does not allow City to enter the interior of a private residential property for Inspection.

(b)

Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City's employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.

(c)

Any records obtained by City 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 representatives, its designated entity, and/or Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.

(e)

City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

Beginning January 1, 2022 and through December 31, 2023, if City determines that a Responsible Party is not in compliance with Article V of this chapter, it shall provide educational materials to the entity describing its obligations, and a notice that compliance is required by January 1, 2022, and that violations are subject to administrative citations and fines beginning January 1, 2024.

(b)

Beginning on January 1, 2024, City shall enforce violations of Article V of this chapter by issuing a notice of violation requiring compliance within 60 calendar days of issuance of the notice. City may extend the compliance deadlines set forth in a notice of violation if it finds that extenuating circumstances beyond the control of the respondent make compliance within the deadlines impracticable. For purposes of this section, extenuating circumstances are:

Acts of God such as, earthquakes, wildfires, flooding, and other emergencies or natural disasters;

Delays in obtaining discretionary permits or other government agency approvals; and

Deficiencies in organic waste recycling capacity infrastructure or Edible Food Recovery capacity, and the entity with jurisdiction is under a Corrective Action Plan pursuant to Section 18996.2 due to those deficiencies.

(c)

Notice of violations shall be issued by an Enforcement Officer to the Responsible Party by personal service, by mail, or posting of property in accordance with Section 1.14.010. The notice of violation shall include the following information:

The name(s), or account name(s) if different, of each person or entity to whom it is directed;

A factual description of the violations of this chapter, including the section(s) being violated;

A compliance date by which the operator is to take specified action(s); and

The potential for an administrative citation and fine for not complying within the specified compliance date.

(d)

Absent compliance by the respondent within the deadline set forth in a notice of violation, a Responsible Party is subject to an administrative citation and fine, as follows:

Pursuant to 14 CCR Section 18998.2, City shall issue administrative citations and fines to Commercial Edible Food Generators, Food Recovery Services and Food Recovery Organizations that remain non-compliant with this chapter despite issuance of a notice of violation.

City has discretion to issue administrative citations and fines against any other entities that remain non-compliant with this chapter despite issuance of a notice of violation.

Administrative citations shall be issued by an Enforcement Officer in accordance with Section 1.14.010.

(e)

The following administrative fine amounts apply to administrative citations issued for violations of this chapter:

For a first violation, the fine shall be $50.00 to $100.00 per violation.

For a second violation, the fine shall be $100.00 to $200.00 per violation.

For a third or subsequent violation, the fine shall be $250.00 to $500.00 per violation.

(Ord. No. 2021-1506, § 1, 10-26-2021)

This chapter shall be effective beginning on January 1, 2022.

(Ord. No. 2021-1506, § 1, 10-26-2021)