Chapter 13.04 — REFUSE, RECYCLING, AND ORGANIC WASTE DISPOSAL AND MANAGEMENT

The purpose of this chapter is to regulate the handling, collection, and processing of discarded materials in order to protect the public health, safety, and welfare and meet the City's obligations under applicable law.

In order to meet the City's obligations mandated by Senate Bill 1383 (SB 1383) (the Short- Lived Climate Pollutant Reduction Act of 2016) and Titles 14 and 27 of the California Code of Regulations ("CCR"), this chapter incorporates the regulations mandated by SB 1383 to direct, manage, and enforce a reduction of organic waste in landfills; and to reduce food insecurity by requiring commercial edible food generators to arrange for the maximum amount of their edible food be recovered for human consumption. (Ord. 21-03 §1)

A. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Agreement" means a contract entered into between the City and a service provider providing for, among other things, the award of a franchise, payment of franchise fees, and procedures for the service provider's collection, transporting, processing, and/or disposal of discarded materials and the setting of rates and charges for those services.

"Alternative daily cover (ADC)" has the same meaning as in 27 CCR Section 20690.

"Alternative intermediate cover (AIC)" has the same meaning as in 27 CCR Section 20700.

"Applicable law" means all laws, regulations, and/or requirements of the United States, State of California, regional, and/or local government authorities that have jurisdiction over the disposal, transportation, and processing of discarded materials and excluded waste as defined by this chapter.

"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.

"Bin" means a metal container with a hinged lid and wheels, less than 10 cubic yards in size, for the deposit of discarded materials, designed to be collected with a front- or rear- lading collection vehicle.

"Bulky item" means discarded appliances (including refrigerators), furniture, tires, carpets, mattresses, yard trimmings and/or wood waste, and similar large items that can be handled by two persons, weigh no more than 200 pounds, and require special collection due to their size or nature, but can be collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. Bulky items must be generated by the customer or generator and at the service address wherein the bulky item(s) is (are) collected. Bulky items do not include abandoned automobiles, large auto parts, trees, C&D debris, or items herein defined as excluded waste.

"C&D debris" means discarded building materials, packaging, debris, and/or rubble

resulting from construction, alteration, remodeling, repair, or demolition operations on any pavement, excavation projects, houses, commercial buildings, or other structures, excluding excluded waste.

"CalRecycle" means the California Department of Resources, Recycling, and Recovery.

"Cart" means a plastic container with hinged lid and wheels, and a capacity of 20, 32, 64 or 96 gallons (or similar volumes) that is serviced by an automated or semi-automated collection vehicle.

"City-authorized service provider" means a permittee or franchisee authorized by the City Council of the City that has received written approval through an agreement or otherwise, to collect, transport, process, and/or dispose of discarded materials within the City of Sand City.

"City enforcement official" means the City Manager or his or her authorized designated person(s) and/or City legal counsel.

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

"Commercial edible food generator" includes a tier one and tier two commercial edible food generator as defined in this chapter, but does not include food recovery organizations and food recovery services pursuant to 14 CCR Sections 17896.2(a)(4),18982(a)(7), and/or 18982(a)(8).

"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 10 to 50 cubic yard drop box compactors serviced by roll-off collection vehicles.

"Compliance review" means a review of records by the City, City enforcement official(s), City-authorized service provider(s), and/or their designee(s) to determine compliance with this chapter.

"Community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet.

"Compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or are separated at a centralized facility.

"Compostable plastics" or "compostable plastic" means plastic materials that meet the American Society for Testing and Materials (ASTM) D6400 standard for compostablity.

"Container" means a receptacle used to accumulate discarded materials on premises for scheduled or periodic collection. containers may be carts, bags, bins, drop boxes, compactors, public litter containers, or other City approved receptacles.

"Container contamination" or "contaminated container" means a container, regardless of labeling, imprinting, and/or color, that contains prohibited container contaminants.

"Contractor" means an entity holding, or required to hold, a contractor's license of any type

under applicable law, or who performs (whether as applicant, contractor, subcontractor, or ownerbuilder) any construction, demolition, remodeling, or landscaping service relating to commercial or residential premises in Monterey County.

"Designated waste" means non-hazardous waste that may pose special disposal problems because of its potential to contaminate the environment, and that may only be disposed of in Class II disposal sites or Class III disposal sites pursuant to a variance issued by the California Department of Health Services. Designated waste consists of those substances classified as designated waste by the state, in 23 CCR Section 2522 as may be amended from time to time.

"Discarded materials" means solid waste, recyclable materials, organic materials, bulky items, and C&D debris, placed by a generator into a collection container and/or at a location for the purpose of collection, excluding excluded waste.

"Drop box" means an open-top container with a capacity of 10 to 40 cubic yards that is serviced by a roll-off collection vehicle.

"Edible food" means food intended and suitable for human consumption, and is not solid waste if recovered and not discarded.

"Electronic waste" means any discarded electronic devises and components as well as substances involved in their manufacture or use and defined under various Federal, state, local, or municipal laws, rules, or other requirements of any government authority with jurisdiction over hazardous waste.

"Entity" means any individual person or type of business entity, including, but not limited to, a firm, association, partnership, corporation, trust, joint venture, or public entity; and includes responsible party and owner as defined in this chapter.

"Excluded waste" means any or all of the following:

1. Hazardous substance;

2. Hazardous waste;

3. Medical waste;

4. Infectious waste;

5. Designated waste;

6. Volatile, corrosive, regulated radioactive, and/or toxic substances or material(s) that facility operators would reasonably believe that, upon acceptance, transfer, processing, and/or disposal of, be in violation of local, State, or Federal law, rule, or regulation, including land use restrictions or conditions, materials that cannot be disposed of in Class III landfills or accepted at the facility; and

7. Materials that would, in the reasonable opinion of the City and/or City-authorized service provider(s), present a significant risk to human health or the environment, cause a nuisance, or otherwise create or expose the City and/or City-authorized service provider(s) to potential liability.

Excluded waste does not include de minimis volumes or concentrations of a type and amount of waste normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, household batteries, universal waste(s), and/or latex paint when such materials are allowable for collection through the City's collection programs when the responsible party and/or generator has properly placed that/ those material(s) for collection pursuant to instructions provided by the City, City enforcement official(s), City-authorized service provider(s), and/or their designee(s) for collection services.

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

"Food facility" has the same meaning as Section 113789 of the Health and Safety Code, as may be amended.

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

"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, 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. A food recovery organization is not a commercial edible food generator for the purposes of this chapter.

"Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generated to a food recovery organization or other entities for food; but is not a commercial edible food generator for the purposes of this chapter.

"Food scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells; but excludes fats, oils, and grease when such materials are source separated from other food scraps. Food scraps is a subset of organic materials.

"Food service provider" means a person or entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.

"Food spoiled paper" means compostable paper material that had contact with food and/or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

"Food waste" means food scraps, food soiled paper, and compostable plastics as defined in this chapter.

"Food waste self-hauler" means a self-hauler who generates and transports an average of one cubic yard or more per week, or 6,500 pounds or more per quarter, of their own food

waste, utilizing their own employee(s) and equipment, to a location or facility that is not owned and operated by that self-hauler. Food waste self haulers are a subset of self-haulers.

"Franchise" means the exclusive or non-exclusive rights guaranteed by the City to provide collection services to customers and generators in the City of Sand City.

"Franchise fee" means the fee paid by a franchisee to the City for the privilege to hold a franchise in the City.

"Generator" means an entity that is responsible for the initial creation of one or more types of discarded materials.

"Grocery store" means an establishment primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, poultry, and fish; and any area that is not separately owned within said establishment where food is prepared and served, including a bakery, deli, and meat and seafood department(s).

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

"Hazardous substance" means any of the following:

1. Any substance defined, regulated or listed (directly or by reference) as "hazardous substances," "hazardous materials," "hazardous wastes," "toxic waste," "pollutant," or "toxic substances" or similarly identified as hazardous to human health or the environment, in or pursuant to:

   a. The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC Section 9601 et seq. (CERCLA);

   b. The Hazardous Materials Transportation Act, 49 USC Section 1802, et seq.;

   c. The Resource Conservation and Recovery Act, 42 USC Section 6901 et seq.;

   d. The Clean Water Act, 33 USC Section 1251 et seq.;

   e. California Health and Safety Code Sections 25115-25117, 25249.8, 25281, and 25316;

   f. The Clean Air Act, 42 USC Section 7901 et seq.; and

   g. California Water Code Section 13050.

2. Any amendments to such statutes hereafter enacted; and

3. Any other hazardous or toxic substance, material, chemical, waste, or pollutant identified as hazardous or toxic or regulated under applicable law, including, without limitation, friable asbestos, polychlorinated biphenyl's (PCBs), petroleum, natural gas, and synthetic fuel products, and by-products.

"Hazardous waste" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by California Health and Safety Code Sections 25110.02, 25115, and 25117 or identified and listed as solar panels from residential premises and hazardous waste by the United States Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC, Section 6901 et seq.).

"Household hazardous waste" or "HHW" means hazardous waste generated by residential premises within the City. HHW includes: electronic waste, universal Waste, paint, stain, varnish, thinner, adhesives, auto products such as old fuel, used motor oil, used oil filters, cleaners and sprays, pesticides, fertilizers and other garden products, needles, syringes, and lancets.

"Infectious waste" means any of the following:

1. Equipment, instruments, utensils, and other fomites (any substance that may harbor or transmit pathogenic organisms) of a disposable nature from the rooms of patients who are suspected to have or diagnosed with a communicable disease and must therefore be isolated as required by public health agencies;

2. Laboratory wastes, including pathological specimens (i.e., all tissues, specimens of blood elements, excreta and secretions obtained from patients or laboratory animals) and disposable fomites attendant thereto; and/or

3. Surgical operating room pathologic specimens, including recognizable anatomical parts, human tissue, anatomical human remains, and disposable materials from hospitals, clinics, outpatient areas, and emergency rooms, as defined in 14 CCR Section 17225.36.

"Inspection" means a site visit where the City, City enforcement official(s), City-authorized service provider(s), and/or their designee(s) review 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 an entity is complying with requirements set forth in this chapter.

"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation at said event at a location that includes, but not limited to, a public, non-profit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

"Large venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For the purpose of this chapter, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues on a site, is considered a single large venue.

"Litter" means discarded materials, debris, vehicle parts, bulky items, and all other materials, things, and/or objects that are thrown, distributed by the elements, or deposited, as hereinafter prohibited, tends to create a public nuisance, blight, and/or danger to public health, safety, and welfare.

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

"Medical waste" means the same as California Health and Safety Code Section117690, as may be amended.

"Multi-family residential dwelling" or "multi-family" means of, from, or pertaining to residential premises, other than a single-family premises, with five or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities

that are considered commercial businesses for the purposes of this chapter.

"Notice of violation" means a notice that a violation of this chapter has occurred that includes a compliance date to avoid an action that seeks penalties.

"Organic materials" means yard trimmings, food scraps, and food-soiled papers that are set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of processing.

"Organic materials container" means those containers used for the purpose to store and collect source separated organic materials.

"Organic waste" means solid 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 sludge. Biosolids and digestate are as defined by 14 CCR Section 18982(a).

"Owner" means the entity holding legal title to real property and/or any improvements thereon and shall include the entities listed on the latest equalized assessment roll of the Monterey County Assessor.

"Paper products" include, but are not limited to, janitorial paper supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling.

"Printing and writing paper" means, but is not necessarily limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other non-coated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications.

"Premises" means 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 that are owned by the same entity 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 recycling materials and/or source separated organic materials to be placed in City recyclable materials container and/or organic materials container; and

4. Excluded waste placed in any container.

"Recovered organic waste products" means products made from California, landfill- diverted recovered organic waste processed in a permitted or otherwise legally authorized facility.

"Recovered" or "recovery" means any activity or process described in 14 CCR Section18983.1(b).

"Recyclable materials" means discarded materials set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of recycling. No discarded materials shall be considered recyclable materials unless such material is separated from solid waste and organic materials. Recyclable materials include, but not necessarily limited to, newspaper, mixed paper, chipboard, corrugated cardboard, glass containers, aluminum, steel, tin, bi-metal cans, rigid plastics with a neck, and those materials listed by the City, and/or City's-authorized service provider, as may be amended from time to time.

"Recyclable materials container" means containers used for the purpose of storage and collection of source separated recyclable materials.

"Remote monitoring" means the use of the Internet of Things (IoT) and/or wireless electronic devises to visualize the contents of recyclable material containers, organic material containers, and solid waste containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

"Renewable gas" means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise legally authorized by 14 CCR to recycle organic waste.

"Responsible party" means the owner, property manager, or other individual or entity, as defined in this chapter, that subscribes to and pays for solid waste, recyclable materials, and/or organic materials services for a premises in the City, or, if there is no such subscriber, the owner or property manager of a single-family premises, multi-family premises, or commercial premises. In instances of dispute or uncertainty regarding who the responsible party is for a premises, then responsible party shall mean the owner of a single- family premises, multi-family premises, or commercial premises.

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

"Route review" means a visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras.

"Salvageable materials" means discarded materials that may be subsequently reused in their original form for the same, similar, or other purpose.

"SB 1383" means Senate Bill 1383 of 2016 that added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the California Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to theCalifornia Public Resources Code.

"SB 1383 regulations" means or refers to the regulations developed by CalRecycle, and adopted in 2020, to implement the requirements of SB 1383.

"Self-hauler" means an entity who hauls solid waste, recyclable material, or organic waste they generated to another entity; which shall include a landscaper or entity who back-hauls waste.

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

"Solid waste" means all putrescible and non-putrescible solid, semi-solid, and liquid wastes that include garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, abandoned vehicles and parts thereof, discarded home and industrial

appliances, non-hazardous sewage sludge (that has been de-watered, treated, or chemically fixed), manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes that do not include any of the following:

1. Hazardous waste, as defined in this chapter.

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 California 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 California Health and Safety Code). Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the California Public Resources Code, whereas, untreated medical waste shall not be disposed of in a solid waste landfill.

4. Recyclable materials, organic materials, and C&D debris, when such materials are source separated.

"Solid waste container" means that container used for the purpose of storage and collection of solid waste.

"Source separated" or "source-separated (materials)" means materials, including organic materials and commingled recyclable materials, that have been separated or kept separate from the solid waste stream at the point of generation for the purpose of additional sorting or processing of those materials for recycling or reuse in order to return those materials to the economic mainstream in the form of raw materials for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. For the purposes of this chapter, source separated shall include the separation of materials by the generator, responsible party, or responsible party's employee(s) into different containers that separate source separated materials from solid waste for the purpose 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 material container.

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

"Tier one commercial edible food generator" means a commercial edible food generator that is either a supermarket, grocery store with total facility size equal to or greater than 10,000 square feet, food service provider, food distributor, and/or wholesale food vendor as defined in this chapter.

"Tier two commercial edible food generator" means a commercial edible food generator that is either: (1) a restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; (2) a hotel with an on-site food facility and 200 or more rooms; (3) health facility with an on-site food facility and 100 or more beds; (4) large venue as defined in this chapter; (5) large event as defined in this chapter; (6) a California State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or

greater than 5,000 square feet; and/or (7) a local education agency facility with an on-site food facility.

"Universal waste" means all wastes as defined by 22 CCR Sections 66273.1 through66273.9. These include, but are not limited to, batteries, fluorescent light bulbs, mercury switches, and electronic waste.

"Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, and prepared for distribution to a retailer, warehouse, distributor, or other destination.

"Yard waste" or "yard trimmings" means those discarded plant or otherwise non-animal organic waste materials that will decompose and/or putrefy. Yard trimmings is a subset of organic materials.

B. Where a definition listed above differs from 14 CCR Section 18982, as may be amended from time to time, then 14 CCR Section 18982 shall supersede and apply for the purposes of this chapter. (Ord. 21-03 §1)

It shall be unlawful for a responsible party, customer, or employee of any premises to allow the accumulation of any discarded materials in, on, or under any premises at any time that is, or may become, a menace to health and sanitation and/or a fire hazard. It shall be unlawful for the responsible party, customer, or their employee of a premises to, at any time, permit any discarded materials to remain in, on, or under such premises for a period exceeding that allowed by this chapter and applicable law. Accumulation of discarded materials on any premises that violates this chapter is an unlawful public nuisance and may be abated by the City in accordance with this code. (Ord. 21-03 §1)

A. It shall be unlawful for any entity to place, deposit, keep, or bury any discarded materials on, in, or under any premises, or in any City sewer and/or plumbing fixture or pipe connected thereto, except through an approved mechanical device that shreds and grinds said material to the standards of the City's sewer infrastructure provider.

B. It is unlawful for any entity to place, deposit, and/or dump, or cause to be placed, deposited, and/or dumped in any containers reserved for the use of any other household, business, or other entity (including the general public, in case of public litter containers), any discarded materials without express written permission from such household, business, or other entity. Businesses and residents shall not rely on public litter containers for the deposit of materials generated at an entity's household and/or businesses. (Ord. 21-03 §1)

It shall be unlawful for any entity to throw, place, scatter, or deposit, or cause to be thrown, placed, scattered, or deposited, upon any street, sidewalk, alley, and/or public place in the City,

any litter; except that a responsible party, customer, or their employee may place properly containerized or packaged materials at the curbside, parkway, or alley on regularly scheduled days provided by a City-authorized service provider(s) for removal of same. Any litter or other discarded materials located in a public right-of-way immediately adjacent to a premises shall be deemed to have originated from that premises unless the responsible party can prove, to the reasonable satisfaction of the City enforcement official(s) and/or their designee(s), that such litter or discarded materials did not originate from their premises. Any litter or other discarded materials containing names, addresses, or other identifying information shall be deemed to have originated with the entity and/or location identified therein. (Ord. 21-03 §1)

It shall be unlawful for any entity to burn discarded materials, universal waste, and/or excluded materials in or on any commercial or residential premises, fire place or pit, street, alley, park, or public place within City limits. (Ord. 21-03 §1)

It shall be unlawful for any entity other than the City, City-authorized service provider(s), and/ or their designee(s) to collect discarded materials placed for collection in containers labeled, or otherwise identified, in connection with waste management program(s) sponsored and/or provided by the City, and/or City-authorized service provider(s). (Ord. 21-03 §1)

The City, at its discretion, may adopt and enforce regulations or policies that may require responsible parties, generators, and/or other entities of any premises within the City to participate in recycling and organic materials diversion related activities in order to be compliant with applicable law. Such rules and/or policies may include, but are not limited to: requiring participation in recyclable materials and organic materials collection programs; requiring education of responsible parties, generators, employees, and visitors about recycling programs; and requiring the submission of reports to the City, City enforcement official(s), City-authorized service provider(s) and/or their designee(s) about recycling activities. (Ord. 21-03 §1)

Contractors and all other holders of franchise(s), permits(s), and/or license(s) for C&D debris collection services within the City shall at all times comply with: (A) applicable law, including, without limitation, all laws related to management of C&D debris, preparation of C&D debris management plans and reports, and diversion of C&D debris from disposal; and (B) all City policies and/or guidelines regarding the collection, tracking, and/or reporting of C&D debris. (Ord. 21-03 §1)

Materials not permitted to be placed in containers for collection by the City and/or City- authorized service provider(s) include excluded waste, hot ashes, sharps, flammables, live

ammunition, explosive substances, poison, hazardous chemicals and materials, offal, animals, and similar materials. Disposal of excluded waste shall be performed through a licensed collection and disposal company that complies with all applicable laws and regulations. No entity shall place in containers any wearing apparel, bedding, or other material exposed to and contaminated with highly infectious or contagious diseases. The City and/or City-authorized service provider(s) shall maintain a current list of prohibited materials, and shall make such list available to responsible parties and generators. Responsible parties and generators are responsible for obtaining and reviewing such list of prohibited materials, and acting in accordance with this chapter and applicable law. (Ord. 21-03 §1)

Collection Service.

Responsible parties of single-family premises, multi-family premises, and commercial businesses shall, at a minimum, do the following:

A. Subscribe to, participate in, and pay for the City's three container collection services, at a minimum for weekly collection, of solid waste, recyclable materials, and organic materials generated and comply with the requirements of those services described in this chapter. Responsible parties of multi-family premises and commercial businesses that qualify as a self-hauler, may self-haul their discarded materials as prescribed by Section 13.04.190 of this chapter in-lieu of subscribing to, participating in, and paying for the City's three container collection services. Participation in the collection service(s) shall be in the following manner:

1. Place and/or direct its generators to place solid waste in the solid waste container,
recyclable materials in the recyclable materials container, and organic materials in the
organic materials container.

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

B. The City, City enforcement official(s), City-approved service provider(s), and/or their designee(s) shall have the right to review the number and size of a generator's containers to evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials and/or the frequency of service per week. Responsible parties for single-family premises, multi-family premises, and commercial businesses shall adjust the service level of their collection services, when necessary to have adequate capacity, as requested and/or directed by the City and/or City enforcement official(s).

C. Nothing in this chapter shall prohibit a responsible party, owner, and/or generator of a single-family residence, multi-family premises, or commercial business from preventing or reducing discarded materials generation, managing organic waste on their premises, self- hauling, and/or using a community composting site pursuant to 14 CCR Section18984.9(c). (Ord. 21-03 §1)

In addition to the requirements of Section 13.04.110 of this chapter, responsible parties for multi- family residential premises shall provide or arrange for solid waste, recyclable materials, and organic materials collection services as follows:

A. Supply and allow access for employees, contractors, tenants, and customers to an adequate number, size, and location of collection containers with sufficient identification labels, imprints, and/or colors in conformance with this chapter and consistent with the City's solid waste container, recyclable materials container, and organic materials container program.

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

C. Provide educational materials within 14 days of occupation of premises to new tenants that describe the requirements to source separate recyclable materials and organic materials and to keep those materials separate from each other and from other solid waste, in addition to the location of containers and the rules governing their use.

D. Provide or arrange access to their premises for the City, City enforcement official(s), City- authorized service provider(s), and/or their designee(s) for all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.

E. If the responsible party of a multi-family premises wants to self-haul, they must meet the self-hauler requirements of Section 13.04.190 of this chapter.

F. Multi-family premises that generate two cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold established by the State of California) that arrange for gardening or landscaping services shall require that the contract work or agreement between the responsible party, or operator of a multi-family premises and a gardening or landscape service specifies that the designated organic materials generated by those services be managed in compliance with this chapter. (Ord. 21-03 §1)

In addition to the requirements of Section 13.04.110 of this chapter, responsible parties for commercial businesses shall provide or arrange for solid waste, recyclable materials, and organic materials collection services as follows:

A. Supply and allow access for employees, contractors, tenants, and customers to an adequate number, size, and location of collection containers with sufficient identification labels, imprints, and/or colors in conformance with this chapter and consistent with the City's solid waste container, recyclable materials container, and organic materials container program. If self-hauling, be consistent with the commercial premises' approach to complying with self-hauler requirements in Section 13.04.190 of this chapter.

B. Provide containers for the separate 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 need not be provided

in restrooms. If a commercial business does not generate any of the materials that would be collected in a specific type of container, then the responsible party of the commercial business does not have to provide that particular container. containers provided by the responsible party of commercial business shall have either:

1. A container or container lid that conforms with the container material separation
identification colors provided through the City's collection service(s), with either lids
and/or container bodies conforming to the color requirements. The responsible party
of the 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 this 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 and/or graphic images, or imprinted text and/
or graphic images, that indicate the primary material(s) accepted and prohibited in a
container. container labeling and/or imprinting requirements are required on new
containers commencing January 1, 2022.

C. To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials into a container not designated for those materials per the City's solid waste, recyclable materials, and organic materials collection services.

D. Periodically inspect solid waste, recyclable materials, and organic materials containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.

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

F. Provide education materials within 14 days of occupation of premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep those materials separate from each other and from other solid waste, in addition to the location of containers and the rules governing their use at that premises.

G. Provide or arrange access of their premises for the City, City enforcement official(s), City- authorized service provider(s), and/or their designee(s) for all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.

H. If the responsible party of a commercial business self-hauls, they must meet the requirements of Section 13.04.190 of this chapter.

I. 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 13.04.150 of this chapter. (Ord. 21-03 §1)

A. De Minimis Waivers. The City may waive a responsible party's obligation to comply with some or all recyclable materials and/or organic waste requirements of this chapter if the

responsible party of the multi-family premises or commercial business provides sufficient documentation that the multi-family premises or commercial business meets one of the following criteria:

1. The total solid waste collection service subscribed to is two cubic yards or more per
week and the recyclable materials in the recyclable materials container(s) and the
organic materials in the organic materials container(s), each, comprise less than 20
gallons per week per applicable container; or

2. The total solid waste collection service subscribed to is less than two cubic yards per
week and the recyclable materials in the recyclable materials container(s) and the
organic materials in the organic materials container(s), each, comprise less than 10
gallons per week per applicable container.

For the purposes of subsections (A)(1) and (2) above, 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(s) combined.

B. Physical Space Waivers. The City may waive a multi-family premises' or commercial business's obligation to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the City has sufficient evidence from its own staff, a City-authorized service provider, 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 this chapter.

C. Collection Frequency Waivers. The City, at its discretion, may allow a responsible party of any multi-family premises or commercial business that subscribes to the City's three container solid waste, recyclable materials, and organic materials collection service to arrange for the collection of its solid waste and/or recyclable materials containers once every 14 days, rather than once per week.

D. Review and Approval of Waivers. Waivers noted in this section shall be granted to responsible parties by the City according to the following process:

1. Responsible parties of premises seeking waivers shall submit a completed City- provided application form specifying the waiver type requested, type(s) of collection services for which they are requesting a waiver, the reason(s) for such a waiver, documentation supporting the waiver request and pay any City-established fee. Failure to submit an adequate and complete application with appropriate documents shall result in an automatic denial of the application.

   2. Upon approval of a waiver, the City shall specify the length of time such waiver is valid, but shall not be valid for more than five years.

   3. The recipient of a waiver under this section shall notify the City if circumstances change such that multi-family premises or commercial businesses may no longer qualify for the waiver granted to them; in which case, the waiver shall be rescinded.

   4. Any holder of a waiver must cooperate with the City for compliance inspections and enforcement as specified in this chapter.

   5. A holder of a waiver shall reapply to the City Manager or designee for a new

waiver and pay any City-established fee upon expiration of the previous waiver, specifying the waiver type requested, type(s) of collection services for which he or she is requesting a renewed waiver, the reason(s) for such a renewed waiver, and documentation supporting the waiver renewal request.

6. The City Manager may revoke a waiver upon a determination that any of the
circumstance(s) justifying a waiver no longer applies.

(Ord. 21-03 §1)

A. Tier one commercial edible food generators must comply with the requirements of this section commencing on January 1, 2022, and tier two commercial edible food generators must comply commencing on January 1, 2024.

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 on January 1, 2024.

C. Commercial edible food generators and food facilities 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 organization(s) or
food recovery service(s) 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 a food recovery organization or food recovery service.

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

4. Allow the City, City enforcement official(s), City-authorized service provider(s), and/
or their designee(s) access to the premises and to review records.

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 for food
recovery that is collected or self-hauled to a food recovery service or food
recovery organization.

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

7. No later than February 28 of each year, commencing no later than February 28, 2023 for tier one commercial edible food generators and February 28, 2025 for tier two commercial edible food generators, provide an annual food recovery report to the City, City enforcement official(s), and/or designee(s) that includes the following information: a. The amount, in pounds, of edible food donated to, and rejected by, a food recovery service and/or food recovery organization annually; b. Any additional information required by the City Manager, City enforcement official(s), and/or their designee(s).

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 the California Education Code Section 49580 et seq. and the California Health and Safety Code Section 114079. (Ord. 21-03 §1)

A. Food recovery services collecting and/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:

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 per
month.

B. Food recovery organizations collecting and/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:

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. Food recovery services collecting and/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 records, as 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, City Enforcement Officer(s), and/or their designee(s) 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 a contract or written agreement with pursuant to 14 CCR Section 18991.3(b). The annual report shall be submitted to the City no later than February 28 of each year.

E. Food recovery organizations and food recovery services shall provide information and consultation to the City and/or its designee(s) regarding existing, new, or expanded food recovery capacity that can be utilized by the City and its commercial edible food generators for capacity planning assessments or other related studies. A food recovery service or food recovery organization shall provide said information and consultation within 60 days of initial contact by the City, City enforcement official(s), and/or their designee(s), unless a shorter time frame is specified by the City, City enforcement official(s), and/or their designee(s).

F. Food recovery organizations and food recovery services that have their primary address physically located within the City and contract or have written agreements with one or more commercial edible food generators shall include language in all agreements with tier one and tier two edible food generators located in the City identifying and describing the California Good Samaritan Act of 2017. (Ord. 21-03 §1)

City-authorized service providers, franchise haulers, permitted haulers, and/or City licensed haulers providing solid waste, recyclable materials, and/or organic waste collection services to responsible parties and/or generators within the City's boundaries shall meet the following requirements and standards as a condition of approval of their franchise agreement, contract, permit, license, or other written authorization provided by the City to collect recyclable materials, organic materials, and/or solid waste.

A. Provide written notice to the City annually on or before February 28 of each year, identifying 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 their 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 and transport solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste.

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 this chapter, 14 CCR Section 18989.1, and the City's C&D debris requirements.

D. Comply with educational, equipment, sign, container labeling or imprints, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, contract, permit, license, or other authorization entered into with the City. (Ord. 21-03 §1)

Operations.

A. Owners of facilities, operations, and activities within 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 request by the City, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput (amount of material passing through the system) and permitted capacity necessary for planning purposes. Owners of facilities, operations, and activities contacted by the City for said information shall respond within 60 days of initial contact by the City, unless a shorter time frame is specified by the City.

B. Community composting operators with operations located in the City's boundaries, upon request by the City, 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. Community composting operators contacted by the City for said information shall respond within 60 days of initial contact by the City, unless a shorter time frame is specified by the City.

C. Owners of facilities, operations, and activities located within the City's boundaries that receive recyclable materials, organic materials, and/or solid waste shall provide to the City, on a quarterly basis by the last day of March, June, September, and December of each year, copies of all reports they are required to report to CalRecycle, including at a minimum, those required by Public Resource Code Section 41821.5, as may be amended. (Ord. 21-03 §1)

A. Self-haulers shall source separate their recyclable materials and organic materials generated on site from solid waste in a manner consistent with 14 CCR Section 18984.1, as may be amended, and the City's collection program(s). Self-haulers shall deliver their materials to facilities described in subsection B below. Alternatively, self-haulers may choose to not source separate recyclable materials and organic materials and shall haul its solid waste that includes recyclable materials and organic materials to a high diversion organic waste processing facility that is approved by the City.

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 multi-family premises shall keep records of the amount of recycled 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 inspection by the City, City enforcement officer(s), and/ or their designee(s) and include, at a minimum, the following information:

1. Delivery receipts and weight tickets from the entity accepting 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 accepting those discarded materials.

3. If 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 the
determination of 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/or solid waste.

D. Self-haulers shall retain all records and data required to be maintained by this section for no less than five years after the recyclable materials, organic materials, and/or solid waste was first delivered to the facility accepting such material(s).

E. Self-haulers that are commercial businesses or multi-family premises shall provide copies of records required by this section to the City and/or City enforcement official(s) if/when requested by the City Manager and at the frequency requested by the City Manager.

F. A single-family generator or single-family responsible party that self-hauls recyclable materials, organic materials, or solid waste is not required to provide or keep records, or report information as specified in subsections C and D of this section.

G. Pursuant to 14 CCR Section 18815.9, food waste self-haulers are required to maintain records and report to CalRecycle information on the tons of food waste self-hauled and the facilities or each use of such material. Food waste self-haulers shall provide the City, on a quarterly basis by the last day of March, June, September, and December of each year, copies of all reports they are required to provide to CalRecycle. (Ord. 21-03 §1)

A. The City may grant an exclusive or non-exclusive franchise agreement for discarded materials collection service and the operation of other discarded material programs required by applicable law within all or any portion of the City.

B. The City may regulate, by ordinance, resolution, or through a franchise agreement, all aspects of the service, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges, fees, and nature, location and

extent of providing such services.

C. When a franchise agreement for the collection of discarded materials is in effect, no entity, other than employees of the City and/or City-authorized service provider(s) may collect, haul, or transport discarded materials within the City, except as set forth in a franchise agreement or as otherwise specified in this chapter.

D. Any grantee of a franchise agreement shall pay to the City a franchise fee, the amount of which shall be set forth in the franchise agreement, or any amendments thereof by resolution of the City Council of the City. The City Council of the City shall have the right to adjust the amount of calculation of the franchise fee from time to time at any point during the term of the franchise agreement, subject to the procedures for adjustment described in the franchise agreement.

E. No entity other than the City and/or City-authorized service provider(s), or an agent or employee thereof acting within the scope of their employment, shall tamper or meddle with, or remove items from, a container or receptacle placed by a responsible party and/or generator for collection by the City, franchisee(s), and/or City-authorized service provider(s) that is/are responsible for servicing that container.

F. It shall be unlawful for any entity to solicit, accept, engage, or otherwise utilize discarded materials handling service for paid consideration by an entity that is not authorized by the City to provide such service.

G. No entity other than the City and/or City-authorized service provider(s) of the City shall offer to handle discarded materials or handle discarded materials on behalf of another entity in exchange for compensation in any form or amount. (Ord. 21-03 §1)

A. The City may grant exclusive or non-exclusive franchise(s), permit(s), and/or license(s) for recyclable materials collection service and the operation of other programs required by applicable law within all or a portion of the City. The terms of such franchise(s), permit(s), and/or license(s) shall be determined by the City. No entity other than such City-authorized service provider(s) shall handle recyclable materials within the City in exchange for compensation in any form or amount. Holders of such franchise(s), permit(s), and/or license(s) granted by the City shall at all times comply with applicable law, as may be amended from time to time.

B. The City may grant exclusive or non-exclusive franchise(s), permit(s), and/or license(s) for C&D debris collection service and the operation of other collection programs required by applicable law within all or any portion of the City. The terms of such franchise(s), permit(s), and/or license(s) shall be determined by the City. No entity other than such City- authorized service provider(s) shall offer to handle C&D debris or handle C&D debris on behalf of another entity within the City in exchange for compensation in any form or amount.

C. The City may grant exclusive or non-exclusive franchise(s), permit(s), and/or license(s) for home or site clean-out collection service and the operation of other programs required by applicable law within all or any portion of the City. The terms of such franchise(s), permit(s), and/or license(s) shall be determined by the City. No entity other than such City-

authorized service provider(s) shall handle discarded materials resulting from clean-out collection services within the City in exchange for compensation in any form or amount. Holders of such franchise(s), permit(s), and/or license(s) granted by the City shall at all times comply with applicable law.

D. It shall be unlawful for contractors, landscapers, or other entities not in possession of franchise(s), permit(s), and/or license(s) for discarded materials collection granted by the City to remove discarded materials from premises within the City unless such discarded materials are generated as incidental to other services performed by such contractor, landscaper, or other entity (not including agents or subcontractors to the entity providing such service). (Ord. 21-03 §1)

A. Upon placement of discarded materials in a designated collection container, such discarded materials shall become the property of the City-authorized service provider(s) engaged to collect such material(s) as determined by the City-authorized service provider's agreement and/or franchise.

B. It is unlawful for any entity, except for the City and/or City-authorized service provider(s), engaged to provide such service, to collect discarded materials from designated collection containers.

C. Nothing in this chapter limits the rights of any entity to sell, donate, or otherwise divert their own discarded materials from landfilling, except that recyclable materials, organic materials, C&D debris, and salvageable materials deposited into containers provided by the City or City-authorized service provider(s) and placed for collection shall become the property of the City and/or City-authorized service provider(s) as provided for in subsection A above. (Ord. 21-03 §1)

It shall be unlawful for any entity in any manner to interfere with the collection, removal, and/or disposal of discarded materials by the City or City-authorized service provider(s). (Ord. 21-03 §1)

A. It shall be unlawful for any entity in any manner to collect, transport, and/or carry discarded materials in any vehicle that does not comply with all applicable laws.

B. It shall be unlawful for any entity to discard any object directly into any vehicle owned or operated by the City and/or City-authorized service provider(s) except for any personnel, duly authorized agents, and/or volunteers of the City or City-authorized service provider(s). (Ord. 21-03 §1)

The responsible party and/or generator of any premises in the City may gather discarded materials from that premises and put such materials into a container approved by the City or

City-authorized service provider(s) for that premises that can be conveniently handled by the City or City-authorized service provider(s). Carts, bins, drop boxes, and compactors shall be deemed acceptable to store discarded materials where approved by the City. The City and/ or the City-authorized service provider(s) may approve additional or alternative containers, or discarded materials bundling formats from time to time; provided such containers and/or formats are compliant with this chapter and applicable law. (Ord. 21-03 §1)

A. Carts shall be placed for collection by 5:00 a.m. of the scheduled collection day and no earlier than the preceding evening, and shall be removed by 10:00 p.m. of that collection day. Failure to place carts out as prescribed by this chapter, resulting in failure of scheduled collection service, shall not grant any right or privilege to responsible parties and/or generators for any compensation of no collection occurrence.

B. All containers shall be placed and maintained in a location readily accessible to the City and City-authorized service provider(s) and not constitute a fire hazard, health hazard, or public nuisance.

C. Upon written notification from the City, City enforcement official(s), and/or the City- authorized service provider(s) that containers are being maintained in a hazardous or offensive condition, said containers shall be relocated immediately by the responsible party or customer as informed by the City, City enforcement official(s), and/or City-authorized service provider(s).

D. Failure to relocate containers following written notice from the City, City enforcement official(s), and/or the City-authorized service provider(s) shall be unlawful and subject to City action as prescribed by this chapter and this code. (Ord. 21-03 §1)

All responsible parties of commercial premises shall comply with the following requirements regarding containers and their placement:

A. On scheduled collection dates/ times, all containers shall be placed and maintained in a location readily accessible to the City and/or City-authorized service provider(s). At no time shall containers and their placement constitute a fire hazard, health hazard, or public nuisance.

B. Upon written notification from the City, City Enforcement Officer(s), and/or City- authorized service provider(s) that containers are being maintained in a hazardous, blighting, or publicly offensive condition, containers shall be immediately relocated/ positioned by the responsible person.

C. Failure to relocate containers in compliance with subsection B of this section shall be unlawful and thus susceptible to City action and/or citation in accordance with this code. (Ord. 21-03 §1)

A. It is unlawful for any entity to dump or place any material into, or to utilize, any container without consent of the responsible party, owner, or entity to whom that container has been provided by the City or City-authorized service provider(s).

B. It is unlawful for any entity, without the consent of the responsible party, owner, or entity to whom the container has been provided by the City or City-authorized service provider(s), to enter into a container for the purpose of salvaging or recovering any item therein or for the purpose of utilizing a container to rest and/or sleep therein. (Ord. 21-03 §1)

A. Enclosures for containers of discarded materials for multi-family premises and commercial premises shall be located in places of convenient collection and removal of discarded materials and subject to review and approval by the City's plan review departments (i.e., planning, building, and/or engineering). Such enclosures, including gates and hardware, must be maintained in good appearance and working condition and readily accessible by the City, City enforcement official(s), and/or City-authorized service provider(s). If an enclosure is not adequately maintained, collection service may be withheld until the condition is remedied to the satisfaction of the City, City enforcement official(s), and/or City-authorized service provider(s).

B. Commercial container enclosures shall provide sufficient space/area to accommodate containers for solid waste, source separated recyclable materials, and source separated organic materials in accordance with applicable law and City standards.

C. All new commercial and multi-family developments shall include adequate space to accommodate enclosures for containers in accordance with this chapter and other applicable law, and are subject to a plan check review process by the City's various departments as applicable to a development project within the City. (Ord. 21-03 §1)

The City, City enforcement official(s), City-authorized service provider(s) and/or their designee(s) are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals and requirements of this chapter, subject to applicable law, and as prescribed as follows:

A. The City, City enforcement official(s), City-authorized service provider(s) and/or their designee(s) are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, and/or any transfer, processing, or disposal facility within the City for materials collected from generators or source separated materials to confirm compliance with this chapter. This chapter does not authorize the City, City enforcement official(s), City-authorized service provider(s), and/or their designee(s) to enter the interior of a private residential building and/or unit for inspection.

B. Responsible parties shall provide or arrange for access during all inspections (with exception of residential property interiors) and shall cooperate with the City, City enforcement official(s), City-authorized service provider(s), and/or their designee(s) during

such inspections and investigations to confirm compliance with this chapter. Failure of a responsible party to provide or arrange for access to their premises or access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in this chapter. (Ord. 21-03 §1)

Violation of any provision of this chapter may constitute grounds for the issuance of a notice of violation and/or fine with assessment as prescribed by this code, including Chapter 1.16.

A. Process for Enforcement.

1. For incidences of prohibited container contaminants found in containers, a notice will
be issued regarding contamination to any responsible party or generator found to have
prohibited container contaminants within a container. Such notice shall be provided
by the City enforcement official(s) and/or City-authorized service provider(s) via a
cart tag and/or other communication immediately upon identification of the
prohibited container contaminants or within 10 calendar days after determining that a
violation has occurred.

2. Violations of this chapter, with the exception of violation(s) regarding contamination
of container contents as address in subsection (B)(1) above, the City enforcement
official(s) shall issue a notice of violation requiring compliance within 60 days.

3. A notice of violation pursuant to subsection (B)(2) shall be sent to the "owner" at the
official address of the property owner maintained by the Monterey County Tax
Collector or if no such address is available, to the owner at the address of the multi-
family premises or commercial premises or to the responsible party for the collection
services, depending upon the information available at the time of issuance of such
notice of violation.

4. Failure to comply with a notice of violation, within the deadline set forth therein, shall
result in the commencement of action to impose penalties pursuant to this code,
including Chapter 1.16.

B. Penalty Amounts for Violations. Penalties shall be as set forth in Chapter 1.16 of this code.

C. Compliance Deadline Extension Considerations. The City may extend compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable.

D. Education Period for Noncompliance. Beginning on January 1, 2022 and through December 31, 2023, if the City enforcement official(s) and/or City-authorized service provider(s) determine that a generator, responsible party, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, the City enforcement official(s) and/or City-authorized service provider(s) shall provide educational materials describing the requirements of this chapter. Starting January 1, 2024, a notice that compliance is required and that violations may be subject to penalties shall be provided. (Ord. 21-03 §1)

Entities receiving a citation containing a penalty for uncorrected violation(s) of this chapter, may request an appeal hearing. The appeal request shall be submitted to the City within the time prescribed on the citation and consistent with any provision in this code for appeals of citations.

A. Requests for appeals shall be submitted in writing to the City Manager, and must state the reason for the appeal and specify/include any facts and/or evidence in support of the appeal request.

B. The City Council shall consider the appeal at a regularly scheduled City Council meeting and issue a determination. Upon City Council determination, a written decision shall be provided to the appellant within 10 days thereafter. The City Council's decision shall be final. (Ord. 21-03 §1)