Santa Paula Municipal Code Ch. 50 Integrated Waste Management

Section

General Provisions

Collection Regulations

Fees and Charges

Solid Waste Franchises

Inspection and Enforcement

GENERAL PROVISIONS

(A) This chapter is adopted in accordance with Article XI, § 7 of the California Constitution and Cal. Public Resources Code § 40059 in order to protect public health, safety, and well-being, to control the spread of vectors, and to limit sources of air pollution, noise, and traffic within the city.

(B) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (Cal. Public Resources Code §§ 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their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.

(C) 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 the city, 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.

(D) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the city to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. The provisions of 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.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not given a meaning by this chapter have the meaning set forth in the Act and the regulations promulgated to implement the Act, if defined therein, and if not, to the definitions found in SB 1383 and RCRA and their implementing regulations, as amended.

AB 939 or ACT. The California Integrated Waste Management Act of 1989, codified in part at Cal. Public Resources Code, §§ 40000 et seq., as amended.

BLUE CONTAINER. Has the same meaning as in 14 CCR § 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.

BLUE CONTAINER WASTE. Source separated recyclable materials or source separated blue container organic waste.

BULKY WASTE or BULKY GOODS. Means and includes, without limitation, large and small household appliances, furniture, carpets, mattresses, white goods, tires and oversized organic waste such as tree trunks and large branches not larger than two feet in diameter and four feet in length, discarded from residential premises in the city.

CALRECYCLE. California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on the city (and others).

CCR. The California Code of Regulations.

CERCLA. The Comprehensive Environmental Response, Compensation and Liability Act as set forth at 42 U.S.C. §§ 9601 et seq., as amended.

CITY. The City of Santa Paula, California.

CITY MANAGER. The City Manager or his or her designee.

COLLECTION. The act of collecting solid waste, at or near the place of generation or accumulation, by the city or a franchisee which arranged with a responsible person for collection of solid waste.

COMMERCIAL BINS. Bins provided by the city or a franchisee, generally having a volume of three cubic yards, designed for the deposit of solid waste, placed at commercial premises for collection of commercial solid waste and charged at commercial rates. COMMERCIAL BINS do not include construction and demolition bins, roll-offs, or lowboys

placed at residential premises.

COMMERCIAL BUSINESS. A firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling, or as otherwise defined in 14 CCR § 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing SB 1383 regulations under this chapter.

COMMERCIAL EDIBLE FOOD GENERATOR. Includes a tier one or a tier two commercial edible food generator as defined in this chapter or as otherwise defined in 14 CCR § 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR § 18982(a)(7).

COMMERCIAL PREMISES. All premises in the city, other than residential premises, where solid wastes are generated or accumulated. COMMERCIAL PREMISES refers to location and not ownership. The term includes, without limitation: stores; offices; federal, state, county and local governmental institutions; schools; restaurants; hotels; motels; manufacturing, processing, or assembling shops or plants; hospitals; clinics; nursing homes; convalescent centers; and dormitories.

COMMERCIAL SOLID WASTE. All types of solid waste, including green container waste and blue container waste, generated or accumulated at commercial premises. COMMERCIAL SOLID WASTES does not include residential solid waste or recyclable material.

COMPLIANCE REVIEW. A review of records by the city or its designee to determine compliance with the requirements of this chapter.

COMMUNITY COMPOSTING. Any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, where the total amount of feedstock and compost on-site at anyone time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR § 17855(a)(4); or, as otherwise defined by 14 CCR § 18982(a)(8).

CONSTRUCTION. All building, landscaping, remodeling, addition, removal, or destruction involving the use or disposal of designated recyclable and reusable materials.

CONSTRUCTION AND DEMOLITION MATERIALS. Used or discarded construction materials removed from any premises during the construction, renovation, or razing of a structure.

CONTAINER. Any commercial bin, residential solid waste container, vessel, can, or other receptacle meeting the requirements of S8 1383 used for the temporary accumulation, collection, and removal of solid waste, including recyclables and organic waste.

CONTAINER CONTAMINATION or CONTAMINATED CONTAINER. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR § 18982(a)(55).

CONTRACTOR. Any person or entity holding, or required to hold, a contractor's license of any type under the laws of the State of California, or who performs any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in the city.

CUSTOMER. Persons, including responsible persons, who obtain collection services from the city or its franchisee.

DEMOLITION AND CONSTRUCTION DEBRIS.

(1) Discarded materials generally considered to be not water soluble and nonhazardous in nature, including, without limitation, steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping, and development operations for a construction project;

(2) Clean cardboard, paper, plastic, wood, and metal scraps from any construction and/or landscape project;

(3) Non-construction and demolition debris wood scraps; and/or

(4) De minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the industry.

DESIGNATED RECYCLABLE AND REUSABLE MATERIALS.

(1) Masonry building materials, including all products generally used in construction including, without limitation, asphalt, concrete, rock, stone, and brick;

(2) Wood materials, including any and all dimensional lumber, fencing, or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated, or painted;

(3) Vegetative materials, including trees, tree parts, shrubs, stumps, logs, brush, or any other type of plants that are cleared from a site for construction or other use;

(4) Metals, including all metal scrap such as, without limitation, pipes, siding, window frames, door frames, and fences;

(5) Roofing materials, including wood shingles as well as asphalt-based, stone-based, and slate-based roofing material; and/or

(6) Salvageable materials includes all salvageable materials and structures, including, without limitation, wallboard, doors, windows, fixtures, toilets, sinks, bath tubs, and appliances.

DROP BOX. Low-boy bins and roll-off bins.

DWELLING. A residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except DWELLING does not include, hospitals, hotels, motels, nursing homes, or convalescent centers.

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

ELECTRONIC WASTE. Has the same meaning as 22 CCR § 66273.9 for consumer electronic devices that exhibit the characteristic of toxicity.

ENFORCEMENT ACTION. An action of the city to address non-compliance with this chapter, including, but not limited to, the issuance of administrative citations, fines, penalties, or other remedies.

ENFORCEMENT OFFICER. The City Manager, Public Works Director, or their authorized designee(s), who is/are partially or wholly responsible for enforcing this chapter.

EXCLUDED WASTE. Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in city's or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance, or otherwise create or expose city or its designee to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount 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 §§ 41500 and 41802 of the Cal. Public Resources Code. EXCLUDED WASTE does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the city's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by city or its designee for collection services.

FOOD DISTRIBUTOR. A company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR § 18982(a)(22).

FOOD FACILITY. Has the same meaning as in § 113789 of the Cal. Health and Safety Code.

FOOD RECOVERY. Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24).

FOOD RECOVERY ORGANIZATION.

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

(a) A food bank as defined in § 113783 of the Cal. Health and Safety Code;

(b) A nonprofit charitable organization as defined in § 113841 of the Cal. Health and Safety code; and

(c) A nonprofit charitable temporary food facility as defined in § 113842 of the Cal. Health and Safety Code.

(2) A FOOD RECOVERY ORGANIZATION is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR § 18982(a)(7). If the definition in 14 CCR § 18982(a)(25) for FOOD RECOVERY ORGANIZATION differs from this definition, the definition in 14 CCR § 18982(a)(25) shall apply to this chapter.

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

FOOD SERVICE PROVIDER. An entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR § 18982(a)(27).

FOOD WASTE. All food scraps, including. but not limited to:

(1) Fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells, but excluding fats, oils, and grease when such materials are source separated from other food scraps;

(2) Food-soiled paper, such as compostable paper material that has come in contact with food or liquid, including, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons; and

(3) Compostable plastics.

FRANCHISE or SOLID WASTE FRANCHISE. The right and privilege granted by the city:

(1) To arrange for collecting solid waste;

(2) To transport solid waste to landfills, transformation facilities or other licensed solid waste management facilities; and/or

(3) To recycle solid waste collected within the city.

FRANCHISE FEE. The fee or assessment imposed by the city on a franchisee which was granted a solid waste franchise in accordance with this chapter.

FRANCHISEE. A solid waste enterprise, as defined by Cal. Public Resources Code § 40193, holding a valid solid waste franchise issued pursuant to this chapter.

GARDENERS. Persons who possess a city license or permit for gardening and landscaping maintenance services for hire.

GENERATOR. Any person which produces solid waste.

GRAY CONTAINER. The same meaning as in 14 CCR § 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste.

GRAY CONTAINER WASTE. Solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR §§ 18984.1(a) and (b), or as otherwise defined in 14 CCR § 17402(a)(6.5).

GREEN CONTAINER. Has the same meaning as in 14 CCR § 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste).

GREEN CONTAINER WASTE. Source separated green container organic waste.

GREEN MATERIAL COMPOSTING FACILITY. Has the same definition as set forth in 14 CCR § 17852. GROCERY STORE. A store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR § 18982(a)(30).

GROSS REVENUES. Any and all revenue or compensation in any form derived directly or indirectly by a franchisee, its affiliates, subsidiaries, parents and any person or entity in which a franchisee has a financial interest, from the collection, transportation, processing, disposal, and other services with respect to solid waste, including blue and green container wastes, collected within the city, in accordance with generally accepted accounting principles, pursuant to a solid waste franchise, permit, or license. GROSS REVENUES include, without limitation, monthly customer fees for collection of solid waste, including blue and green container wastes, special pickup fees, commercial bin and drop box rental and collection fees, fees for redelivery of commercial bins and drop boxes and revenue from the sale of blue and green container wastes, without subtracting franchise fees or any other cost of doing business.

HAZARDOUS WASTE. Any waste materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to RCRA and CERCLA, or HSAA, or as defined by the California Integrated Waste Management Board. HAZARDOUS WASTE may also include electronic waste when it enters the waste stream. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term HAZARDOUS WASTE will be construed to have the broader, more encompassing definition.

HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY. A facility that is in compliance with the reporting requirements of 14 CCR § 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022 and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to 14 CCR § 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR § 17402(a)(11.5); or, as otherwise defined in 14 CCR § 18982(a)(33).

HSAA. The Carpenter-Presley-Tanner Hazardous Substance Account Act as set forth at Cal. Health and Safety Code §§ 25300 through 25395.45, as amended.

IWMB. The California Integrated Waste Management Board.

LARGE EVENT. An event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR § 18982(a)(38) differs from this definition, the definition in 14 CCR § 18982(a)(38) shall apply to this chapter.

LARGE VENUE. A permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR § 18982(a)(39) differs from this definition, the definition in 14 CCR § 18982(a)(39) shall apply to this chapter.

LOCAL EDUCATION AGENCY. A school district, charter school, or county office of education that is not subject to the control of city regulations related to solid waste, or as otherwise defined in 14 CCR § 18982(a)(40).

MONTHLY BASIS. A billing period not exceeding 30 days.

MULTI-FAMILY RESIDENTIAL. Multi-family residences, including apartments and condominiums (in which each unit has separate cooking and bathing facilities) of five or more units, at which commercial bins, not residential solid waste containers, are used for the temporary accumulation of solid waste. Under SB 1383 Regulations, multi-family residential dwellings with five or more units are included under the definition of a commercial business.

NON-ORGANIC RECYCLABLES. Non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR § 18982(a)(43).

ORGANIC WASTE. Solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, yard waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR § 18982(a)(46). Biosolids and digestate are as defined by 14 CCR §§ 18982(a)(4) and (16.5), respectively.

ORGANIC WASTE GENERATOR. A person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR § 18982(a)(48).

PAPER PRODUCTS. Include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR § 18982(a)(54).

PERSON. An individual, group of individuals, and/or any legal entity recognized by the laws of the state.

PRINTING AND WRITING PAPERS. Include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR § 18982(a)(54).

PROHIBITED CONTAINER CONTAMINANTS. The following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container; (iii) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in city's green container and/or blue container wastes to be placed in the city's blue container; and (iv) excluded waste placed in any container.

PUBLIC RIGHT-OF-WAY. Any city street, sidewalk, pedestrian path, bike path, or any other "public way," as defined by Cal. Streets & Highways Code § 18609, and any successor statute.

RCRA. The Resource Conservation and Recovery Act as set forth at 42 U.S.C. §§ 6901 et seq., as amended.

RECYCLABLE MATERIAL. An item (or items) which has commercial value and which is sold for compensation or donated to an entity other than a franchisee. RECYCLABLE MATERIALS are not part of the waste stream. RECYCLABLE MATERIALS lose their character as recyclable materials when placed into the waste stream, thereby becoming solid waste subject to this chapter.

RESIDENTIAL or RESIDENTIAL PREMISES. Includes single-family residences. The terms do not include hotels, motels, rooming houses, hospitals, nursing homes, convalescent centers, dormitories, barracks, other group living places, or multi-family units of five or more units, using commercial bins for the temporary accumulation and collection of solid waste. RESIDENTIAL or RESIDENTIAL PREMISES refers to location, and not ownership of nor an interest in property.

RESIDENTIAL SOLID WASTE CONTAINER.A container (including but not limited to a trash can, barrel, or cart) provided by a customer or a franchisee, used and intended for accumulating and collection residential solid waste. The term does not include multi-family residential bins placed at multi-family units of five or more units, nor those commercial bins used by commercial customers.

RESPONSIBLE PERSON. The person responsible for daily operations of every residential or commercial premises located within the city's jurisdiction including, without limitation, the property owner.

RESTAURANT. An establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR § 18982(a)(64).

SB 1383. Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added §§ 39730.5, 39730.6, 39730.7, and 39730.8 to the Cal. Health and Safety Code, and added Chapter 13.1 (commencing with § 42652) to Part 3 of Division 30 of the Cal. Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

SB 1383 REGULATIONS or SB 1383 REGULATORY. The Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

SELF-HAULER. A person disposing of solid waste which that person, or occupants of premises for which that person is responsible, generated, who possesses a self-hauler permit issued pursuant to this chapter, or as otherwise defined in 14 CCR § 18982(a)(66). SELF-HAULER also includes a person who back-hauls waste. Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR § 18982(a)(66)(A).

SINGLE-FAMILY. Of, from, or pertaining to any residential premises with fewer than five units.

SOLID WASTE. Has the same meaning as defined in Cal. Public Resources Code § 40191, which defines solid waste as: all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semi-solid wastes, with the exception that solid waste does not include any of the following wastes:

(1) Hazardous waste, as defined in the Cal. Public Resources Code § 40141.

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

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

SOLID WASTE FACILITY. Any recycling center, materials recovery facility, intermediate processing center, incineration facility, or landfill where solid waste may be taken for immediate processing or final disposal. SOLID WASTE FACILITY includes a solid waste transfer or processing station and a composting, transformation, or disposal facility.

SOURCE SEPARATED BLUE CONTAINER ORGANIC WASTE. Source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in 14 CCR § 18982(a)(43), or as otherwise defined by § 17402(a)(18.7).

SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE. Source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.

SOURCE SEPARATED RECYCLABLE MATERIALS. Source separated non-organic recyclables and source separated blue container organic waste.

SOURCE SEPARATING, SOURCE SEPARATED, or SOURCE SEPARATION. Materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, the process by which such materials are so separated, or as otherwise defined in 14 CCR § 17402.5(b)(4). For the purposes of this chapter, SOURCE SEPARATED shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection, such that source separated materials are separated from gray container waste or other solid waste for the purposes of collection and processing.

SUPERMARKET. A full-line, self-service retail store with gross annual sales of $2,000,000, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR § 18982(a)(71).

TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR.

(1) A commercial edible food generator that is one of the following:

(a) Supermarket.

(b) Grocery store with a total facility size equal to or greater than 10,000 square feet.

(c) Food service provider.

(d) Food distributor.

(e) Wholesale food vendor.

(2) If the definition in 14 CCR § 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR § 18982(a)(73) shall apply to this chapter.

TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR.

(1) A commercial edible food generator that is one of the following:

(a) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

(b) Hotel with an on-site food facility and 200 or more rooms.

(c) Health facility with an on-site food facility and 100 or more beds.

(d) Large venue.

(e) Large event.

(f) A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

(g) A local education agency facility with an on-site food facility.

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

WHITE GOODS. Discarded enameled household appliances, such as refrigerators, freezers, stoves, washer/dryers, water heaters, dishwashers, trash compactors, and similar items.

WHOLESALE FOOD VENDOR. A business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR § 189852(a)(76).

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)

(A) Unapproved containers. It is unlawful for any person to keep solid waste in containers or commercial bins other than those approved by the city or a franchisee.

(B) Unlawful accumulation. It is unlawful for any person to accumulate solid waste for more than seven consecutive days.

(C) Unlawful storage. It is unlawful for any person to keep upon any premises in the city any solid waste which is so offensive, obnoxious, or unsanitary.

(D) Unlawful use of containers. It is unlawful for any person, other than the responsible person or a franchisee authorized by the responsible person, to remove any container from the location where the container was placed for storage or collection, or remove any solid waste from any container, or move the container from the location in which it was placed for storage or collection, or apply any paint or markings (commonly known as "graffiti" or "tagging") to any solid waste container without the container owner's prior written approval.

(E) Unlawful bulky goods disposal. It is unlawful for any person to place bulky goods adjacent to a street or public right-of-way without first having made arrangements with the city or a franchisee for the pickup of the bulky goods.

(F) Unlawful disposal in civic litter container. It is unlawful for any person to place or deposit institutional, commercial, industrial, special, or hazardous waste in any civic litter container.

(G) Unlawful burning. It is unlawful for any person to burn solid waste within the city, except in an approved incinerator or transformation facility or other device for which a permit was issued and which complies with all applicable permit and other regulations of air pollution control authorities and provided any such act of burning in all respects complies with all other laws, rules, and regulations.

(H) Unlawful disposal. It is unlawful for any person to place solid waste in, or otherwise use, the containers of another, without the permission of the other person.

(I) Failure to clean is unlawful. It is unlawful for any person transporting solid waste, including blue container or green container waste within the city, to fail to immediately clean up, or arrange for the immediate cleanup of, any solid waste released, spilled, or dumped into the environment during removal or transport within the city by such person.

(J) Unlawful dumping prohibited. It is unlawful for any person to dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury, or dispose into the environment (including by abandonment or discarding of barrels, containers, and other closed receptacles of solid or liquid waste of any kind whatsoever) any solid or liquid waste upon any premises within the city, or to cause, suffer, or permit any solid or liquid waste to come to be located upon any premises in the city, except in an authorized or permitted solid waste container or at an authorized or permitted solid waste facility.

(K) Solid waste facilities. It is unlawful for any person to construct or operate a solid waste management facility, including, without limitation, a materials recovery facility, solid waste transfer or processing station, composting facility, a buy-back or drop-off center, disposal facility, or a recycling center, without first satisfying all city requirements for land use, including environmental and other approvals.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21) Penalty, see Ch. 13

The City Council may establish waste management collection categories, including, without limitation, single-family residential, multi-family residential, commercial, industrial, special, special event, household hazardous waste, blue container waste, green container waste, gray container waste, and others, and may make or impose solid waste franchise, license, contract, or permit requirements which vary for the categories.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)

COLLECTION REGULATIONS

Responsible persons must arrange with the city or a franchisee for collection services as set forth in this chapter, except that responsible persons may instead self-haul solid waste generated or accumulated on premises of which they are in charge after first obtaining a self-haul permit from the city pursuant to this chapter.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21) Penalty, see Ch. 13

Single-family organic waste generators, except those generators that obtain a self-haul permit under this chapter, shall comply with the requirements in this section:

(A) Generators shall subscribe to integrated waste management collection services for all organic waste generated as described in this section. City 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; generators shall adjust their service level for their collection services as requested by the city.

(B) Generators shall participate in the city's three-container collection services by placing source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container. Generators shall place designated materials in designated containers. Generators shall not place prohibited container contaminants in collection containers.

(C) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR § 18984.9(c).

(Ord. 1313, passed 12-1-21)

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

(A) Subscribe to three-container collection services and comply with requirements in this section, except commercial businesses that obtain a self-haul permit under this chapter. City 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; commercial businesses shall adjust their service level for their collection services as requested by the city.

(B) Except commercial businesses that obtain a self-haul permit under this chapter, participate and comply with the three-container collection services by placing source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall place designated materials in designated containers. Generators shall not place prohibited container contaminants in collection containers.

(C) Supply and allow access to an adequate number, size, and location of collection containers with sufficient labels or colors (conforming with divisions (D)(1) and (D)(2) below) for employees, contractors, tenants, and customers, consistent with city's blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with its self-haul permit and requirements in this chapter.

(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 § 18984.9(b), the containers provided by the business shall have either:

(1) A body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements, bodies conforming to the color requirements, or both lids and bodies conforming to the color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this division 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 § 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(E) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in division (D), above, pursuant to 14 CCR § 18984.9(b).

(F) Excluding multi-family residential dwellings, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the city's blue container, green container, and gray container collection service, or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with its self-haul permit and requirements of this chapter.

(G) Excluding multi-family residential dwellings, periodically inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR § 18984.9(b)(3).

(H) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.

(I) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable), and the location of containers and the rules governing their use at each property.

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

(K) If a commercial business wants to self-haul, obtain a self-haul permit and meet the self-hauler requirements under 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 § 18984.9(c).

(M) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements in this chapter.

(Ord. 1313, passed 12-1-21)

The city, at its sole discretion and in accordance with the SB 1383 Regulations, may elect to provide any, all, or none of the waivers listed below.

(A) De minimis waivers. The city may waive a commercial business' obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in division (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 division (A)(2) below.

(2) Provide documentation that either:

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

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

(3) Notify city if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

(4) Provide written verification of eligibility for de minimis waiver every five years, if city has approved a de minimis waiver.

(B) Physical space waivers. City may waive a commercial business' or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements. A commercial business or property owner may request a physical space waiver through the following process:

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

(2) Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.

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

(C) Collection frequency waiver. city, at its discretion and in accordance with 14 CCR § 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the city's three-container organic waste collection service to arrange for the collection of their blue container, gray container, or both once every 14 days, rather than once per week.

(D) Residential waivers. City may grant waivers of any or all of the requirements of this chapter to any other generator consistent with applicable law, including the SB 1383 Regulations.

(E) Review and approval of waivers. Any waivers available under this section shall be reviewed and approved by the City Manager or their designee.

(Ord. 1313, passed 12-1-21)

(A) Responsible persons must keep in a suitable place and in a condition capable of holding, without spilling, leaking, or emitting odors, all solid waste containers, (including green, blue, and gray containers) that would ordinarily accumulate on the premises between the time of two successive collections.

(B) Responsible persons must deposit or cause to be deposited in containers or commercial bins provided or approved by the city or a franchisee all solid waste generated or accumulated on those premises.

(C) It is unlawful for any person to place ashes which are not cold and free from fire in any container.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)

(A) It is unlawful for any person to place for collection any solid waste container or bin not conforming with the residential solid waste container or commercial bin designated by the city or franchisee.

(B) It is unlawful for any person to place a container or any bulky goods adjacent to a street or public right-of-way for collection service before 7:00 p.m. on the day preceding the regularly scheduled collection day. Bulky goods may not be set out for collection unless the responsible person made prior arrangements with the city or a franchisee for pick-up of the bulky goods.

(C) During the hours for collection, residential solid waste containers must be placed at the location designated by the franchisee holding the residential solid waste franchise and be accessible for mechanized pick-up, if mechanized pick-up methods are utilized by the franchisee. Except during the time a container is placed for curbside collection, residential solid waste containers must not be visible from the public right-of-way. Commercial bins must be accessible to the franchisee providing solid waste services at that location.

(D) Solid waste containers must be removed from any location adjacent to a street or right-of-way not later than 8:00 p.m. on the day following the regularly scheduled collection day.

(E) No container or bin may be stored in any front yard or side yard that is visible from a public street.

(F) A franchisee which was notified by a commercial customer or the city that commercial solid waste service is to be discontinued at a particular premises must remove all of its commercial bins from the premises of the customer who is discontinuing commercial solid waste service within one week after receiving notification that service is to be discontinued.

(G) No franchisee may place a commercial bin at any location within the city unless the bin is clearly marked with the name, address, and telephone number of the owner of the bin and the person responsible for collection from the bin. The identification must be waterproof and legible.

(H) Each franchisee must maintain its commercial bins within the city in a manner to protect public health and safety and prevent the spread of vectors. Each franchisee must maintain its commercial bins in the city free from any exterior paint or markings commonly referred to as "graffiti" or "tagging."

(I) Each franchisee must post each of its commercial bins in the city with conspicuous notices on each side of the commercial bin that the commercial bin is not to be used for the disposal of hazardous waste.

(J) It is unlawful to schedule solid waste collection services (i) within 100 feet of a school between 7:30 a.m. and 8:30 a.m.; and (ii) 15 minutes before and after school is scheduled to be dismissed.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21) Penalty, see Ch. 13

(A) Responsible persons must arrange to have all solid waste on the premises (other than construction and demolition debris) collected and removed at least once a week, unless a collection waiver has been granted by the city.

(B) Each franchisee must collect the contents of each commercial bin (except construction and demolition bins) placed, located, or maintained in the city by that franchisee at least once per week.

(C) Subject to the requirements for minimum removals per week, responsible persons for commercial premises may specify the frequency of collection of solid waste from the premises and the size and number of commercial or multi-family residential bins required.

(D) In order to protect residents' quiet enjoyment of their residential premises, collection from residential premises, both single-family and multi-family, may not be made between the hours of 7:00 p.m. and 7:00 a.m. of any day. Collection from commercial premises at locations more than 600 feet from any residential zone and/or use within the city may not be made between the hours of 6:00 p.m. and 6:00 a.m. collection from commercial premises at locations less than 600 feet from any residential zone and/or use within the city may not be made between the hours of 7:00 p.m. and 7:00 a.m. subject to the foregoing requirements, collections may be made by arrangement between the responsible person for a commercial premises and the franchisee.

(E) Franchisees must design their routes and times for collection in a manner which minimizes air pollution, traffic, noise, and wear and tear on public and private streets, and other problems with the potential to adversely affect public health, safety, or the environment.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21) Penalty, see Ch. 13

(A) Customers may order special collections of such things as bulky waste and drop boxes. The responsible person must make arrangements with the city or franchisee for the collection and disposal of bulky waste which has accumulated on the premises.

(B) Drop boxes can be placed within the public right-of-way pursuant to a valid encroachment permit issued pursuant to this code. No fee will be charged for encroachment permits issued pursuant to this section.

(C) In addition to any other restriction required by this code, encroachment permits allowing drop boxes pursuant to this section will limit placement of drop boxes to not more than three weeks. In addition, the encroachment permit will designate the location of any drop box as determined in the sole discretion of the City Engineer.

(Ord. 1091, passed 1-5-04; Am. Ord. 1158, passed 6-5-06; Am. Ord. 1313, passed 12-1-21) Penalty, see Ch. 13

It is unlawful for the noise level of collection vehicles during the stationary compaction process to exceed 75 dB(A) at a distance of 25 feet from the collection vehicle and at an elevation of five feet from the horizontal base of such vehicles.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21) Penalty, see Ch. 13

(A) Self-haulers and gardeners shall source separate all recyclable materials and organic waste (materials that city otherwise requires generators to separate for collection in the city's organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR §§ 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR § 18984.3.

(B) Self-haulers and gardeners shall haul their source separated recyclable materials to a facility that recovers those materials, and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers and gardeners may haul organic waste to a high diversion organic waste processing facility.

(C) Each self-hauler and each gardener must keep records of and report to the city, at a frequency and in a manner determined by the city manager, records of the type, quantity, volume, weight, and destination of solid waste, including green container wastes and blue container wastes, collected in the city and transported from the city, and present gate tickets or receipts to substantiate its disposal reports. The records under this section shall include, at a minimum, the following:

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

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

(3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

(D) These records shall be subject to inspection by the city. Failure to submit required reports to the city is a basis for revocation of a self-haul permit.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21) Penalty, see Ch. 13

Before collecting or transporting solid waste, including blue container waste or green container waste, each self-hauler and each gardener must obtain a self-haul permit from the city. The city manager is authorized to promulgate administrative policies and procedures for issuing the permits.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21) Penalty, see Ch. 13

(A) Until solid waste is collected by the city or a franchisee, the responsible person is responsible for cleaning up of solid waste generated, deposited, released, spilled, leaked, pumped, poured, emitted, emptied, discharged, injected, dumped, or disposed into the environment (including, without limitation, abandoning or discarding of barrels, containers, and other closed receptacles of solid or liquid waste of any kind whatsoever), or which otherwise is located outside an authorized container on, at, or in the premises of which the person is in charge. This cleanup responsibility includes the cleanup of solid waste, including blue container waste and green container waste, which is located outside an authorized container, notwithstanding human or animal interference with commercial bins or containers, wind, or other natural forces, and whether during storage, collection, removal, or transfer.

(B) Each franchisee must clean up any solid waste spilled or otherwise released or discharged into the environment during its collection, removal, or transfer.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21) Penalty, see Ch. 13

(A) Except as otherwise provided, nothing in this chapter limits the right of any person, organization, or other entity to sell recyclable material or organic waste owned by that person, organization, or other entity, or to donate recyclable material or organic waste to a charity or any entity other than a franchisee.

(B) If the seller or donor of non-discarded material pays the buyer or the donee any consideration for collecting, processing, recycling, transporting, or disposing of the material, or providing consultation services which exceed the selling price of the material, the transaction is not be regarded as a sale or donation of non-discarded material, but as an arrangement for the disposal of solid waste and is subject to this chapter.

(C) A person receiving a discount or reduction in the collection, disposal, and/or recycling service rates for unsegregated or segregated solid waste is not be deemed to be selling or donating recyclable material and does not fall within this "donate or sell" exception.

(Ord. 1313, passed 12-1-21)

It is unlawful for any person, except the owner; someone with the owner's consent; authorized city, county, state, or federal personnel; or employees of the solid waste company that owns the waste container in the performance of their duties, to rummage, explore, tamper with, move, remove, tip, deface, destroy, scavenge from, or otherwise search a waste container.

(Ord. 1185, passed 2-4-08; Am. Ord. 1313, passed 12-1-21)

(A) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR § 18991.3.

(B) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

(C) Commercial edible food generators shall comply with the following requirements:

(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.

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

(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

(4) Allow city's designated enforcement officer or designated third party enforcement officer to access the premises and review records pursuant to 14 CCR § 18991.4.

(5) Keep records that include the following information, or as otherwise specified in 14 CCR § 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 § 18991.3(b).

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

(c) A record of the following information for each of those food recovery services or food recovery organizations:

1. The name, address and contact information of the food recovery service or food recovery organization.

2. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

3. The established frequency that food will be collected or self-hauled.

4. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

(D) Nothing in this 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 § 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Cal. Education Code, and to amend § 114079 of the Cal. Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. 1313, passed 12-1-21)

(A) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(1):

(1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

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

(3) The quantity in pounds of edible food transported to each food recovery organization per month.

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

(B) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(2):

(1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

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

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

(C) Food recovery organizations and food recovery services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR § 18991.3(b).

(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 § 18991.3(b) shall report to the city it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR § 18991.3(b) no later than February 15.

(Ord. 1313, passed 12-1-21)

In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, or their designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city.

(Ord. 1313, passed 12-1-21)

(A) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon city's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.

(B) Community composting operators, upon city's request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days.

(Ord. 1313, passed 12-1-21)

FEES AND CHARGES

Except as otherwise provided by federal, state, or local laws, this chapter, or other City Council-authorized restrictions, all fees applicable to this chapter will be established by City Council resolution.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)

(A) The city may impose charges and fees, and set limits on the charges and fees imposed by franchisees, for collecting, inspecting, auditing, recycling, transferring and disposing of solid waste, and planning for and responding to hazardous materials releases and spills. Rates for charges and fees may be set by resolution or ordinance in accordance with Cal. Health and Safety Code § 5471 or other applicable law.

(B) Basic solid waste collection service includes the following:

(1) Gray container collection: one cart collected at curbside weekly.

(2) Blue container collection: one cart collected at curbside on alternate weeks.

(3) Green container collection: one cart collected at curbside weekly.

(4) Christmas tree collection: Christmas trees collected at curbside for two weeks after Christmas.

(5) Large item and special waste drop-off events: quarterly events for drop-off of large items such as furniture or appliances and special waste items such as televisions, computer monitors, electronic equipment, and tires, delivered by the customer to the event site.

(6) Household hazardous waste drop-off events: periodic regional events for drop-off of household hazardous wastes such as pesticides, oil, paint, chemicals and auto batteries delivered by the customer to the event site.

(7) New customer moving materials special pick-up: cardboard and paper packing materials collected at curbside by appointment. Limit one collection per new customer.

(8) Large item special pick-up: up to three large items such as furniture or appliances: Limit two collections per customer per year.

(9) One free go back: the city will provide one free go back per calendar year. Thereafter, the city may collect an additional charge in an amount determined by ordinance.

(Ord. 1091, passed 1-5-04; Am. Ord. 1114, passed 7-6-04; Am. Ord. 1130, passed 12-20-04; Am. Ord. 1139, passed 7-5-05; Am. Ord. 1186, passed 6-16-08; Am. Ord. 1238, passed 8-15-11; Am. Ord. 1313, passed 12-1-21)

Pursuant to Cal. Public Resources Code §§ 41900 et seq., the city may levy fees upon franchisees and customers for planning and program development and administration regarding solid and household hazardous waste, blue container waste and/or green container waste planning, and for access to collection service, for collection service, inspection, auditing, transfer and disposal and the planning for and response to releases and spills of solid wastes which have the characteristics of hazardous substances. The fees may include charges for the use of disposal facilities and may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements and integrated waste management plans. The city may collect such charges by such means as determined by City Council resolution or ordinance.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)

(A) Customers must pay the fees and charges imposed by this chapter on a monthly basis.

(B) Upon delinquency, the city or, if applicable, its franchisee may give written notice to the delinquent customer that the bill is now overdue and payable in full and attempt to collect payment through all legal means.

(C) If billing is performed by the franchisee, the city is not responsible for collecting any sums due to the franchisee in providing collection services nor does the city guarantee or warrant payment to the franchisee for collection services except the city will assist the franchisee in placing an assessment against the property for the unpaid fees in accordance with the provisions of this chapter.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)

(A) Every customer and responsible person, including, without limitation, corporate and government entities, is jointly and severally liable for fees and charges for solid waste collection services. All charges, fees, penalties, and interest imposed pursuant to this chapter are civil debts owed to the city (or, if applicable, the franchisee) by the customer.

(B) The responsible person must arrange for collection, recycling and disposal of solid wastes generated or accumulated on those premises in accordance with the requirements of this chapter. The fees and charges (plus any interest or penalties) are due and payable on the date stated on the bill. The responsible person is liable for the payment of all charges (plus any interest or penalties) for solid waste services, including any recycling charges.

(C) If solid waste and recycling service fees and charges (and any applicable interest or penalties) are not paid within 30 days of the date payment was due, solid waste, including recycling services, may be discontinued and collection of the unpaid amount may be undertaken by any lawful means available to the city or to a franchisee providing solid waste services.

(D) Upon receiving written notice from a responsible person to discontinue solid waste collection services because the responsible person obtained a self-haul permit in accordance with this chapter, or because the premises are vacant, the franchisee providing solid waste service must refund any advance collection fees.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)

The city may initiate proceedings to make delinquent collection service fees and charges a special assessment against properties owned by a customer indebted to the city in accordance with Cal. Health and Safety Code §§ 5470 et seq.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)

All assessments remaining unpaid after 30 days from the date of confirmation of the assessment by the City Council bear interest at the rate of 7% per year from and after that date.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)

Penalties will be imposed upon all delinquent charges as follows:

(A) Basic penalty. A basic penalty of 10% of total delinquent charges will be imposed as of the date of the delinquency.

(B) Additional penalties. An additional penalty of 10% will be imposed on the total delinquent charges on each billing date upon which the charges remain unpaid.

(C) Limit of penalty. The total penalty imposed may not exceed 100% of the total of any delinquent account

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)

Should a customer fail or refuse to pay the fee assessed for the collection of gray container waste, green container waste, and blue container waste in accordance with this chapter, then the franchisee must notify the City Manager of the refusal. Failure to pay may, except as otherwise stated, result in the non-collection of gray container waste, green container waste, and blue container waste, which condition the City Council may determine and may declare to be a threat to the public health, safety, and welfare, and which condition may be declared to be, if permitted to exist, a public nuisance. The franchisee will continue to collect gray container waste, green container waste, and blue container waste when directed to do so by the city manager. In such cases, a franchisee may seek reimbursement from the city, and the city will recoup its costs from the responsible person.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)

Where collection service is discontinued, service will not be restored until all required payments (including, without limitation, arrearage, penalties, and service charges) are paid in full. The city or franchisee may also require a customer to pay a deposit to guarantee payment for future collection service in an amount determined by the City Council.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)

All fines, fees, penalties, and interest imposed pursuant to this chapter Are civil debts owed to the city by the person fined. In the event that judicial action is necessary to compel payment of any debt owed to the city, the person or persons subject to the fine are also liable for the costs of suit and attorney's fees incurred by the city to collect the fine.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)

SOLID WASTE FRANCHISES

It is unlawful for any person, other than a franchisee or the city, to collect residential or commercial solid waste or place a commercial bin for the accumulation of solid waste in the city.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21) Penalty, see Ch. 13

The City Council may award one or more exclusive or non-exclusive Solid waste franchises to one or more franchisees for collecting, transferring, recycling, composting, and disposing solid wastes, including blue container wastes and/or green container wastes, from all or a portion of residential and/or commercial premises in the city. Nothing in this chapter requires the City Council to award any solid waste franchise and the city may collect solid wastes itself.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)

A solid waste franchise agreement may authorize collecting, transferring, recycling, composting, and disposing of solid wastes, including blue container wastes and/or green container wastes, from all or a portion of residential and/or commercial premises in the city as specified by the franchise agreement. A solid waste franchise does not authorize providing any other service. A franchisee that wishes to provide other services must apply for such authorizations as may be required, and comply with all local, state, and federal laws pertaining to the provision of the services. Such franchise agreements shall include the terms and conditions as specified by the city in such agreement.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)

INSPECTION AND ENFORCEMENT

(A) City representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials, to confirm compliance with this 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 city to enter the interior of a private residential property for inspection.

(B) An entity regulated under this chapter shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's 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. Failure to provide or arrange for: (i) access to an entity's premises (with the exception of residential property interiors); or (ii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in § 50.156.

(C) Any records obtained by the city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act, as set forth in Cal. Gov't Code §§ 6250 et seq.

(D) City representatives, its designated entity, and/or its designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

(E) City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. Franchisees shall relay to city in writing all written complaints they receive concerning acts or omissions of themselves or another entity that is potentially non-compliant with SB 1383 Regulations, including anonymous complaints.

(Ord. 1313, passed 12-1-21)

(A) The violations of the S8 1383 Regulations as incorporated into this chapter and listed in § 50.159 and shall constitute grounds for issuance of a notice of violation and assessment of a fine by the city's enforcement officer or representative. Enforcement actions under this section include, but are not limited to, the issuance of an administrative citation and the assessment of a fine. The city's procedures on imposition of administrative fines as set forth in Santa Paula Municipal Code §§ 14.01 et seq. are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated herein.

(B) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations, exist such that court action is a reasonable use of city staff and resources.

(C) Enforcement pursuant to this chapter may be undertaken by the city's enforcement officer.

(D) Process for enforcement.

(1) City enforcement officers will monitor compliance with the this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and/or an inspection program.

(2) City may issue an official notification to notify any person of its obligations under this chapter.

(3) City may issue a notice of violation requiring compliance within 60 days of issuance of the NOV. The notice shall contain the following information:

(a) The name(s), or account name(s) of each person or entity to whom the notice is directed.

(b) The factual description of the violations of this chapter, including the sections being violated.

(c) The compliance date by which the violator must take specified action(s).

(d) The penalty for not complying within the specified compliance date.

(4) Absent compliance by the respondent within the deadline set forth in the notice of violation, city may impose penalties, via an administrative citation and fine, pursuant to §§ 14.10 et seq. as modified by this chapter. Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the city or, if no such address is available, to the owner at the address of the dwelling or commercial property, or to the party responsible for paying for the collection services, depending upon available information.

(5) Penalty amounts for types of violations. The penalty amounts shall be those set forth in § 14.11 subject to any requirements set forth in SB 1383.

(E) The city may extend the 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, 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 city is under a corrective action plan with CalRecycle pursuant to 14 CCR § 18996.2 due to those deficiencies.

(F) Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with § 14.25. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)

Beginning January 1, 2022 and through December 31, 2023, city will conduct inspections, route reviews, waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance with this chapter, and if city determines that 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, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

(Ord. 1313, passed 12-1-21)

Beginning January 1, 2024, if the city 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 § 50.156, as needed.

(Ord. 1313, passed 12-1-21)

(A) In addition to the remedies set forth in this chapter, violations of this chapter or a solid waste franchise may be enforced as follows:

(1) Prosecution as infractions or misdemeanors at the City Attorney's discretion or as specified by this chapter.

(2) Abated as public nuisances.

(3) Enjoined as unfair business practices that are presumed to nominally damage each and every resident of the community in which the Franchisee operates.

(B) The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies.

(Ord. 1313, passed 12-1-21)

In addition to any other general functions, powers, and duties given to the City Attorney by this code or California law, the City Attorney is authorized to:

(A) Prosecute on behalf of the people all criminal and civil cases for violations of this chapter including, without limitation, administrative or judicial nuisance abatement and suits for injunctive relief;

(B) Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money accruing to the city under this chapter.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)

Nothing in this chapter limits the right of any franchisee to bring a civil action against any Person who violates Cal. Public Resources Code §§ 41950-41951, nor will a conviction for a violation exempt any person from a civil action.

(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)