Santa Barbara County Municipal Code § 17-90 Purpose and findings

The county finds and declares:

(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

(b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires jurisdictions to implement a mandatory commercial Recycling program.

(c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires jurisdictions to implement a recycling program to divert organic waste from businesses subject to the law, and requires jurisdictions to implement a mandatory commercial organics recycling program.

(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including jurisdictions, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.

(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This chapter will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.

(f) Requirements in this chapter are consistent with other adopted goals and policies of the county including the Energy & Climate Action Plan.

(Ord. No. 5151, § 1, 2-15-2022)

Single-family organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in subsection 17-94(d) of this chapter:

(a) Shall subscribe to county's organic waste collection services for all organic waste generated. County shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, single-family generators shall adjust their service level for their collection services as requested by the county. 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 county'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) A three- and three-plus-container collection service (blue container, green container, and gray container).

(A) Generator shall place Source Separated Green Container Organic Waste (SSGCOW) in the green container and may include food waste if there is a program in place; source separated recyclable materials in the blue container; and gray container waste or mixed waste if there is a program in place in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.

(Ord. No. 5151, § 1, 2-15-2022)

Generators that are commercial businesses, including multi-family residential dwellings, shall:

(a) Subscribe to county's three- and three-plus-container collection services and comply with requirements of those services as described below in subsection 17-92(b), except commercial businesses that meet the self-hauler requirements in section 17-94(d) of this chapter. County shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the county.

(b) Except commercial businesses that meet the self-hauler requirements in subsection 17-94(d) of this chapter, participate in the county's organic waste collection service(s) by placing designated materials in designated containers as described below.

(1) A three- and three-plus-container collection service (blue container, green container, and gray container).

(A) Generator shall place source separated green container organic waste in the green container and may include food waste if there is a program in place; source separated recyclable materials in the blue container; gray container waste or mixed waste if there is a program in place in the gray container; and food waste in the brown container if there is a program in place. Generator shall not place materials designated for the gray container into the green container, blue container, or brown container.

(c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections 17-92(d)(1) and 17-92(d)(2) below) for employees, contractors, tenants, and customers, consistent with county's blue container, green container, brown 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 subsection 17-94(d).

(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 the county, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to the effective date of this chapter, 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 the effective date of this chapter.

(e) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in subsection 17-92(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 county's blue container, green container, brown 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 subsection 17-94(d).

(g) Excluding multi-family residential dwellings, periodically inspect blue containers, green containers, brown 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, source separated brown container organic waste, and source separated recyclable materials.

(i) Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste, source separated brown 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 the county or its agent to their properties during all inspections conducted in accordance with section 17-96 of this chapter to confirm compliance with the requirements of this chapter.

(k) If a commercial business wants to self-haul, meet the self-hauler requirements in subsection 17-94(d) of this chapter.

(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 subsection 17-94(a).

(Ord. No. 5151, § 1, 2-15-2022)

(a) De Minimis Waivers. County may waive a commercial business's obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection 17-93(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 subsection 17-93(a)(2) below.

(2) Provide documentation that either:

(A) The commercial business's total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container, brown container, or green container comprises less than 20 gallons per week per applicable container of the business's total waste; or

(B) The commercial business's total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container, brown container, or green container comprises less than ten gallons per week per applicable container of the business's total waste.

(3) Notify county 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 five years, if county has approved de minimis waiver.

(b) Physical Space Waivers. County may waive a commercial business's 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 county 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 17-91 or 17-92.

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, brown containers, and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.

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

(c) Review and approval of waivers by county, shall be performed by resource recovery and waste management division staff.

(Ord. No. 5151, § 1, 2-15-2022)

(a) Requirements for Commercial Edible Food Generators.

1. Tier one commercial edible food generators must comply with the requirements of this section 17-94 commencing the effective date of this chapter, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

2. 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.

3. 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 county'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 by or to a food recovery service or food recovery organization for food recovery.

(6) No later than April 1 of each year, tier one and tier two commercial edible food generators shall provide an annual food recovery Report to the county or county's designee that includes the record keeping information listed in the previous subsection 17-94(a)(5) for the previous calendar year.

4. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(b) Requirements for Food Recovery Organizations and Services, Jurisdictions, and Regional Agencies.

1. 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):

a) The name, address, and contact information for each commercial edible food generator from which the service collects edible food, and a copy of individual written agreements.

b) The quantity in pounds of edible food collected from each commercial edible food generator per month.

c) The quantity in pounds of edible food transported to each food recovery organization per month, if applicable.

d) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery, if applicable.

2. 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):

a) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food, and a copy of individual written agreements.

b) The quantity in pounds of edible food received from each commercial edible food generator per month.

c) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery, if applicable.

3. Food recovery organizations and food recovery services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, or have this information available upon request, such as in their contract or agreement established under 14 CCR Section 18991.3(b).

4. Food recovery organizations and food recovery services that have their primary address physically located in the county 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 county or county's designee the total pounds of edible food recovered per month 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) no later than April 1 of each year. Food recovery organizations and food recovery services shall also provide the information listed above in subsections 17-94(a) and 17-94(b) upon request by the county.

5. Food Recovery Capacity Planning.

a) Food recovery services and food recovery organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the county, cities, and special districts that provide solid waste collection services, or their designated entity, food recovery services and food recovery organizations operating in the county shall provide information and consultation to the county, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the county and its commercial edible food generators. A food recovery service or food recovery organization contacted by the county shall respond to such requests for information within sixty days, unless a shorter timeframe is otherwise specified by the county.

b) Jurisdictions and Regional Agencies.

(1) If the county identifies that new or expanded capacity to recover edible food is needed, then each jurisdiction within the county that lacks capacity shall:

(a) Submit an implementation schedule to CalRecycle and the county that demonstrates how it will ensure there is enough new or expanded capacity to recover the edible food currently disposed by commercial edible food generators within its jurisdiction by the end of the reporting period set forth in 14 CCR Section 18992.3. The implementation schedule shall include the information specified in 14 CCR Section 18992.2(c)(1)(A).

(b) Consult with food recovery organizations and food recovery services regarding existing, or proposed new and expanded capacity that could be accessed by the jurisdiction and its commercial edible food generators.

(2) If the county finds that new or expanded capacity is needed, the county shall notify the jurisdiction(s) that lack sufficient capacity.

(3) A city or special district that provides solid waste collection services, or regional agency contacted by the county pursuant to this section shall respond to the county's request for information within one hundred twenty days of receiving the request from the county, unless a shorter timeframe is otherwise specified by the county.

c) Requirements for Haulers and Facility Operators.

(1) Requirements for Haulers. Requirements for exclusive franchised haulers:

(i) Exclusive franchised haulers providing residential, commercial, or industrial organic waste collection services to generators within the county's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the county to collect organic waste:

(A) Through written notice to the county 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, source separated brown container organic waste, and mixed waste.

(B) Transport source separated recyclable materials, source separated green container organic waste, source separated brown container organic waste, and mixed 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 county 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, section 17-95 of this chapter, and CalGreen standards.

(D) Exclusive franchise waste 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 the county.

(2) Requirements for Facility Operators and Community Composting Operations.

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

(ii) Community composting operators, upon the county's request, shall provide information to the county to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the county shall respond within sixty days.

d) Self-Hauler Requirements.

(1) Self-haulers shall source separate all recyclable materials and organic waste (materials that county otherwise requires generators to separate for collection in the county'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.

(2) 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 and source separated brown 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.

(3) 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 county. The records shall include the following information:

(i) Delivery receipts and weight tickets from the entity accepting the waste.

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

(iii) 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.

(4) Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in subsection 17-94(c) to the county if requested. Furthermore, self-haulers must register with the county, if such a system is available, in order to more consistently track this information.

(5) A residential organic waste generator that self hauls organic waste is not required to record or report information in subsections 17-94(c) and (d).

(Ord. No. 5151, § 1, 2-15-2022)

(a) County 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 chapter 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 the county to enter the interior of a private residential property for inspection. Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the county'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 chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises or (ii) access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described.

(b) Any records obtained by the county 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.

(c) County 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 chapter, subject to applicable laws.

(d) County 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. 5151, § 1, 2-15-2022)

(a) Enforcement of this chapter is authorized and described in article VI, sections 17-77—17-85. Violation of any provision of this chapter shall constitute an infraction and incur a penalty as described in article VI, sections 17-81 and 17-83.

(b) Compliance Deadline Extension Considerations. The county may extend the compliance deadlines set forth in this article, if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

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

(2) Delays in obtaining discretionary permits or other government agency approvals; or

(3) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the county is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

(c) Education Period for Non-Compliance. Beginning on the effective date of this chapter and through December 31, 2023, county will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if county determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by the effective date of this chapter, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

(d) Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the county determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to sections 17-77—17-85, as needed.

(e) Enforcement table.

Table 1. List of Violations

(Ord. No. 5151, § 1, 2-15-2022)