Sebastopol Municipal Code Ch. 13.16 Collection and Disposal of Garbage

“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.

“C&D” means construction and demolition debris.

“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of the CCR).

“CalRecycle” means California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on jurisdictions (and others).

“City” means the City of Sebastopol.

“City Enforcement Official” means the City Manager.

“Commercial business” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR § 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.

“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in this section 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).

“Community composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR § 17855(a)(4); or as otherwise defined by 14 CCR § 18982(a)(8).

“Compliance review” means a review of records by a jurisdiction to determine compliance with this chapter.

“Compost” has the same meaning as in 14 CCR § 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this chapter, that “compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

“Compostable plastics” or “compostable plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR § 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

“Container contamination” or “contaminated container” means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR § 18982(a)(55).

“Contract agents” shall mean an agent or employee of the City of Sebastopol, or any person, firm, corporation or association or the agents or employees thereof with whom the City of Sebastopol shall have duly contracted under the terms hereinafter set out in this chapter, and under the provisions of the laws of the State of California, to collect, transport through the streets, alleys or public ways of the City, and dispose of refuse, garbage, wet garbage, and rubbish produced within the limits of the City.

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

“Edible food” means 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.

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

“Excluded waste” means 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 jurisdiction 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 the 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 jurisdiction, 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 multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Cal. Pub. Res. Code §§ 41500 and 41802. 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 the City or its designee for collection services.

“Food distributor” means 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 Cal. Health & Safety Code § 113789.

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

1. A food bank as defined in Cal. Health & Safety Code § 113783;

2. A nonprofit charitable organization as defined in Cal. Health & Safety Code § 113841; and,

3. A nonprofit charitable temporary food facility as defined in Cal. Health & Safety Code § 113842.

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” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR § 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” means 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-soiled paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

“Food waste” means food scraps and trimmings and other putrescible waste that result from food production, preparation, cooking, storage, consumption or handling. Food waste includes but is not limited to meat, fish and dairy waste, fruit and vegetable waste and grain waste. Food waste does not include exempt waste.

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

“Gray container” has 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” means 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.

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

“Hauler route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR § 18982(a)(31.5).

“High diversion organic waste processing facility” means 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 percent between January 1, 2022, and December 31, 2024, and 75 percent 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).

“Inspection” means a site visit where the City reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR § 18982(a)(35).

“Large event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation 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” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For 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” means a school district, charter school, or County office of education that is not subject to the control of City or County regulations related to solid waste, or as otherwise defined in 14 CCR § 18982(a)(40).

“Multifamily residential dwelling” or “multifamily” means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

“MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

“Noncompostable paper” includes but is not limited to paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 CCR § 18982(a)(41).

“Nonorganic recyclables” means nonputrescible and nonhazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR § 18982(a)(43).

“Notice of violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR § 18982(a)(45) or further explained in 14 CCR § 18995.4.

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

“Organic waste generator” means 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)(51).

“Person” as used herein shall mean any person, firm or corporation acting as principal, agent, or officer, servant or employee for himself or for any other person, firm or corporation.

“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” means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the jurisdiction’s blue container; (2) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the jurisdiction’s green container; (3) 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 jurisdiction’s green container and/or blue container; and (4) excluded waste placed in any container.

“Recovered organic waste products” means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR § 18982(a)(60).

“Recovery” means any activity or process described in 14 CCR § 18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49).

“Recyclable materials” shall include all newsprint, glass, aluminum and steel cans, and plastic food and beverage containers which are intended to be disposed of in accordance with the Citywide weekly curbside recycling program initiated July 1, 1989.

“Recycled-content paper” means paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR § 18982(a)(61).

“Refuse” means garden clippings, trimmings, brush and other items of a similar nature.

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

“Route review” means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR § 18982(a)(65).

“Rubbish” means all combustible and noncombustible waste and refuse matter, excepting garbage ordinarily accumulating in and about residences, flats, buildings, apartment houses, lodging houses, hotels, restaurants, eating houses, stores, shops, offices and other public buildings. Among other things, it shall not include brick, mortar, or other debris incident to the construction of buildings.

“SB 1383 regulations” or “SB 1383 regulatory” means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

“Self-hauler” means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who backhauls waste, or as otherwise defined in 14 CCR § 18982(a)(66). “Backhaul” 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” means of, from, or pertaining to any residential premises with fewer than five units.

“Solid waste” has the same meaning as defined in Cal. Pub. Res. Code § 40191, which defines solid waste as all putrescible and nonputrescible 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 semisolid wastes, with the exception that solid waste does not include any of the following wastes:

1. Hazardous waste, as defined in Cal. Pub. Res. Code § 40141.

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

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

“Source separate” means the process of removing recyclable materials and organic materials from solid waste at the place of generation, prior to collection, and placing such materials into separate containers designated for recyclable materials and organic materials, as further defined in 14 CCR § 17402.5(b)(4).

“State” means the State of California.

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

1. Supermarket.

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

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

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

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

2. Hotel with an on-site food facility and 200 or more rooms.

3. Health facility with an on-site food facility and 100 or more beds.

4. Large venue.

5. Large event.

6. 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.

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

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.

“Wet garbage” means all clean garbage suitable for food for hogs, coming from restaurants, cafes, cafeterias, hospitals, hotels, boarding houses, clubs, and all other like eating places in the City of Sebastopol, and from butcher shops and dealers in fresh vegetables and shall be held to consist of and include only kitchen and table refuse, offal and swill and every accumulation of animal and vegetable scraps, refuse or waste, and other matter that attends the preparation, consumption, decay, or dealing in or storage of meats, fish, fowls, birds, fruits or vegetables. Provided, however, that said definition is not intended to, nor does it, include the by-products or butcher shops or dealers in fresh vegetables, where said by-products have a commercial value and are not decomposed nor offensive and where rejected by the owners or producers thereof as offensive or useless.

“Wholesale food vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR § 18982(a)(76).

“Zero Waste Sonoma” means the Sonoma County Waste Management Agency, doing business as Zero Waste Sonoma, which is a joint powers authority of the State of California. (Ord. 1137 § 2, 2022. Formerly 5.42.010)

It shall be unlawful for any person, firm, or corporation to deposit, keep, accumulate or permit, cause or suffer any rubbish, wet garbage, or garbage to be deposited, kept or accumulated upon any lot or parcel of land, or on any public or private place, street, lane, alley or drive unless the same shall be kept deposited or allowed to accumulate as hereinafter provided.

A. Garbage. It shall be unlawful for any person, firm or corporation to keep, accumulate or permit to be kept or accumulated any garbage upon any lot or parcel of land, or on any public or private place, street, lane, alley or drive, unless the same shall be in metal receptacles provided with handles, said receptacles shall have a capacity of not less than five gallons and not to exceed 30 gallons, said receptacles to be provided with close-fitting metal lids or covers which shall be kept closed at all times except when necessarily opened to permit garbage to be taken therefrom or deposited therein.

B. Wet Garbage. It shall be the duty of every accumulator of wet garbage within the City of Sebastopol to provide or cause to be provided, and at all times to keep or cause to be kept, separate containers or receptacles for holding such wet garbage, said receptacles shall be constructed of metal as to contain not less than five gallons nor more than 60 gallons, and shall be provided with handles on the outside thereof, and with tight-fitting metal covers; such receptacles shall, at all times, be kept covered, except when necessary to place garbage therein or take garbage therefrom. Each such receptacle, including its cover, shall upon the outside be kept clean from accumulating grease or decomposing matter.

C. Rubbish. It shall be unlawful for any person, firm or corporation to keep, accumulate or permit to be kept or accumulated any rubbish unless the same be kept in a suitable box or boxes, barrels, or other suitable receptacles to be kept on each of said premises sufficient to hold the rubbish which would ordinarily accumulate on such premises.

D. Location of Garbage and Rubbish Containers. Each garbage vessel, tank, or receptacle, and each rubbish container provided, or caused to be provided, by the owner, manager or person in possession, charge or control of any restaurant, hospital, hotel, boarding house, cafe, cafeteria, and other like eating places, apartment houses, and of butcher shops and green vegetable stores, and every person occupying a dwelling or flat within the City of Sebastopol, shall be kept or placed in the manner following during the time for collection:

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

2. Where there is no alley, such vessel, tank, receptacle, or rubbish container shall be placed on the premises within 20 feet of the rear of the restaurant, cafe, cafeteria, hospital, hotel, boarding house, and other like eating places, apartment houses, dwelling or flat, from which garbage or rubbish is accumulated. (Formerly 5.42.020)

A. Purpose and Findings.

1. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (Cal. Pub. Res. 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 jurisdiction 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.

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

3. 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 multifamily 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 the City to implement a recycling program to divert organic waste from businesses subject to the law, and requires the City to implement a mandatory commercial organics recycling program.

4. 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.

5. 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. This chapter seeks to reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, which would otherwise be disposed, be recovered for human consumption.

6. Requirements in this chapter are consistent with other adopted goals and policies of the jurisdiction including: City of Sebastopol General Plan goals and objectives that implement greenhouse gas reduction, encourage recycling and reduction of solid waste, and Resolution 6274-2019 declaring a climate emergency.

B. Zero Waste Food Ware Ordinance. The Zero Waste Food Ware Ordinance is in effect beginning August 1, 2022 (refer to Chapter 8.36 SMC).

C. Requirements for Single-Family Generators. Single-family organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in subsection I of this section:

1. Subscribe to the City’s organic waste collection services for all organic waste generated as described below in subsection (C)(2) of this section. The City or its designee 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 City. 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 § 18984.9(c).

2. Participate in the City’s organic waste collection service(s) by placing designated materials in designated containers as described in subsection (C)(3) of this section and shall not place prohibited container contaminants in collection containers.

3. Place source separated green container organic waste, including food scraps and food-soiled paper, 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.

D. Requirements for Commercial Businesses. Generators that are commercial businesses, including multifamily residential dwellings, shall:

1. Subscribe to the City’s three-container collection services and comply with requirements of those services as described below in subsection (D)(2) of this section, except commercial businesses that meet the self-hauler requirements in subsection I of this section. The City or its designee shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the City.

2. Except commercial businesses that meet the self-hauler requirements in subsection I of this section, participate in the City’s organic waste collection service(s) by placing designated materials in designated containers as described in subsection (C)(3) of this section.

3. Place source separated green container organic waste, including food scraps and food-soiled paper, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generator shall not place materials designated for the gray container into the green container or blue container.

4. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the City’s blue container, green container, and gray container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with subsection I of this section.

5. Excluding multifamily residential dwellings, provide containers for the collection of source separated green container organic waste and separated recyclable blue container 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.

6. 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), for the containers provided by the business shall have either:

a. A body or lid that conforms with the City’s blue container, green container, and gray container collection service.

b. Container labels that include language or graphic images indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text and graphic images that indicate the primary materials accepted and primary materials prohibited in the container.

7. Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements in subsection (D)(4) of this section pursuant to 14 CCR § 18984.9(b).

8. To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s blue container, green container, and gray container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with subsection I of this section.

9. Excluding multifamily residential dwellings, commercial generators shall routinely inspect blue containers, green containers, and gray containers for contamination and inform employees as soon as practicable if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR § 18984.9(b)(3).

10. Annually provide written information or annual training 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.

11. 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.

12. Provide or arrange access for the City or its designee to their properties during all inspections conducted in accordance with subsection K of this section to confirm compliance with the requirements of this chapter.

13. If a commercial business wants to self-haul, meet the self-hauler requirements in subsection I of this section.

14. 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).

15. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to subsection G of this section.

E. Waivers for Generators. The City Manager or person authorized by Zero Waste Sonoma may grant waivers to commercial businesses for physical space limitations and/or de minimis volumes as described in subsections (E)(1) and (E)(2) of this section. Commercial businesses seeking a waiver shall submit their request in a form specified by the City Manager. After reviewing the waiver request, and after an on-site review, if applicable, the City Manager may either approve or deny the following waiver requests. Anyone granted a waiver shall provide written verification of eligibility for a waiver at least every five years and shall notify the City if circumstances change such that they are no longer eligible for such waiver, in which case waiver will be rescinded.

1. De Minimis Waivers. The City may waive a commercial business’s obligation (including multifamily 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. Commercial businesses requesting a de minimis waiver shall:

a. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (E)(1)(b) of this section.

b. Provide documentation that either:

i. 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 or green container comprises less than 20 gallons per week per applicable container of the business’s total waste; or

ii. 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 or green container comprises less than 10 gallons per week per applicable container of the business’s total waste.

c. Notify the City within 30 days if circumstances change such that commercial business’s organic waste exceeds the threshold required for waiver, in which case the waiver will be rescinded.

d. Provide written verification of eligibility for de minimis waiver every five years, if the City has approved a de minimis waiver.

2. Physical Space Waivers. The City may waive a commercial business’s or property owner’s obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of subsection D of this section. A commercial business or property owner may request a physical space waiver through the following process:

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

b. Provide written and photographic documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer; and

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

d. Zero Waste Sonoma, in cooperation with the City’s franchised hauler and the City, will review and approve waivers.

F. Requirements for Commercial Edible Food Generators.

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

a. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

b. 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.

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

d. Allow the City or its designee to access the premises and review records pursuant to 14 CCR § 18991.4.

e. Keep records that include the following information, or as otherwise specified in 14 CCR § 18991.4:

i. 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).

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

iii. A record of the following information for each of those food recovery services or food recovery organizations:

(A) The name, address, and contact information of the food recovery service or food recovery organization.

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

(C) The established frequency that food will be collected or self-hauled.

(D) 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.

G. Requirements for Food Recovery Organizations and Services.

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 § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(1):

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

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.

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

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 § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(2):

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

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.

3. 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 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).

4. 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 Zero Waste Sonoma, City, or its designee, 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 time frame is otherwise specified by the City.

H. Requirements for Haulers and Facility Operators. Exclusive franchised hauler(s) providing residential, commercial, or industrial organic waste collection services to generators within the City’s boundaries are provided for by separate contract as referenced in SMC 13.16.120.

I. Self-Hauler Requirements.

1. Self-haulers shall source separate all recyclable materials and organic waste generated on site from solid waste in a manner consistent with 14 CCR §§ 18984.1 and 18984.2.

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 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 multifamily residential dwellings, shall comply with the water-efficient landscaping standards as required by Chapter 15.36 SMC.

4. Self-haulers that are commercial businesses, including multifamily residential dwellings, shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the City. The records shall include the following information:

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

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

c. 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.

J. Procurement Requirements for City Departments, Direct Service Providers, and Vendors. All City divisions and departments, direct service providers, and vendors to the City, as applicable, shall comply with the City’s adopted environmentally preferable purchasing (EPP) policy, which includes a recovered organic waste product procurement provision and a recycled-content paper procurement provision.

K. Inspections and Investigations.

1. City representatives and/or its designee 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 multifamily 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 City to enter the interior of a private residential property for inspection.

2. All regulated entities 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 designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, condition of containers and labels, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for access to an entity’s premises, or access to records for any inspection or investigation, is a violation of this chapter and may result in penalties.

3. 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.

4. The City’s representatives 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.

5. The City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints.

L. Enforcement and Penalties.

1. The City Manager, as the City Enforcement Official, shall have primary responsibility for enforcement of this chapter. The City Manager is authorized to make all necessary and reasonable rules and regulations with respect to the enforcement of this chapter. All such rules and regulations shall be consistent with the provisions of this chapter.

2. The City Manager and/or City Attorney may determine in their discretion to send a notice to cure to a retailer prior to invoking the enforcement provisions of this section if there have not been prior complaints against the retailer for violation of this chapter.

3. Anyone violating or failing to comply with any provision of this chapter shall be guilty of an infraction or misdemeanor as determined by the City Attorney under Chapter 1.04 SMC. The City Attorney may seek legal, injunctive, administrative or other equitable relief to enforce this chapter. The remedies and penalties provided in this section are cumulative and not exclusive and nothing in this section shall preclude the City from pursuing any other remedies provided by law. In addition to any relief available to the City, the City shall be entitled to recover reasonable attorneys’ fees and costs incurred in the enforcement of this chapter.

4. Penalties for violations of any provision of this chapter shall be as follows; provided, however, that no administrative citation may be issued or infraction charged for violation of a requirement of this chapter until one year after the effective date of the ordinance codified in this chapter:

a. A fine not exceeding $100.00 for the first violation;

b. A fine not exceeding $200.00 for a second violation of the same code provision within one year; and

c. A fine not exceeding $500.00 for each additional violation in excess of two of the same code provision within one year.

d. If continued willful violations occur the City reserves the right to suspend vendors’ use permit.

5. The remedies and penalties provided in this section are cumulative and not exclusive.

M. Administrative Appeal.

1. A person aggrieved by the imposition of an administrative penalty or imposition of response costs pursuant to this chapter may appeal the decision by filing with the City Clerk a statement addressed to the City Manager and setting forth the facts and circumstances regarding the appealed action. The City Clerk shall notify the applicant, in writing, of the time and place set for the hearing on the appeal.

2. The hearing on the appeal must be held within 30 business days of the City Clerk’s receipt of the appeal.

3. The City Manager or his designee shall serve as hearing officer and shall issue a decision regarding the appeal within 10 business days of the conclusion of the hearing. The hearing officer’s decision is final. (Ord. 1136 § 2, 2022)

No garbage or rubbish shall be removed and carried on and along the streets and alleys of said City of Sebastopol except that the same be carried, conveyed or hauled in conveyances so constructed as not to permit matter to sift through or fall upon said streets and alleys. The contents of such conveyances must be further protected so as to prevent the same from being blown upon the streets, alleys and adjacent lands. (Formerly 5.42.030)

A. All garbage, wet garbage, or refuse of any kind, shall be removed by the City of Sebastopol, its agents, employees or permittees, or representatives, at least once every seven days, unless otherwise directed by the Health Officer or the City Manager of the City of Sebastopol.

B. Health Officer or City Manager Directs Removal. It shall be the duty of any collector engaged in or conducting the business of collecting garbage, wet garbage, and/or rubbish by contract with the City of Sebastopol or acting as its agent, permittee, or representative, under this chapter, when directed by the Health Officer or City Manager of the said City of Sebastopol to immediately call at any premises in the City of Sebastopol to which said rubbish or garbage collector may be directed by the said Health Officer or City Manager, and where garbage, wet garbage and/or rubbish is accumulated and there collect and remove said garbage, wet garbage, and/or rubbish in accordance with the provisions of this chapter.

C. It is unlawful for any person other than the contract agent, as defined herein, or his agents or employees, to engage in the business of collecting, disposing of, transporting, carrying or conveying through the streets, alleys or public thoroughfares of the City, any garbage, refuse, rubbish, or those recyclable materials which are intended to be disposed of in accordance with the Citywide weekly curbside recycling program initiated July 1, 1989.

D. At such times as the owner of any materials which are capable of being recycled has placed such materials at or near the curb for collection, the contract agent shall have the exclusive right to the collection and possession thereof, and any person or persons interfering with such right shall be guilty of an infraction. (Formerly 5.42.040)

The Council, by resolution, shall establish rates for collection of refuse, garbage, wet garbage, or rubbish and may from time to time amend said rates by resolution. The City Council shall review such rates not less than biannually and as close as possible to the anniversary dates of any contract entered into pursuant to SMC 13.16.120. (Formerly 5.42.050)

Every truck used in the collection and removal of garbage, wet garbage and/or rubbish shall be kept well painted, clean inside and out, and in a prominent place on each truck, shall display a sign in form and words as shall be directed by the City Manager. (Formerly 5.42.060)

A. No waste matter, combustible material or refuse shall be burned in the open air upon any street, alley, park, waterway, or public place within the corporate limits of the City of Sebastopol.

B. No waste matter which shall, in burning, cause or create a dense or offensive smoke, be burned in the open air upon any premises within the corporate limits of the City of Sebastopol.

C. Burning of combustible rubbish may be burned upon private premises inside the City of Sebastopol after first securing a permit from the Fire Chief of the City of Sebastopol or his authorized agent subject to the conditions set forth in this section.

D. No burning of any type shall be permitted in commercially zoned areas unless:

1. The area is not being used for commercial purposes.

2. State law or regulations adopted by State administrative agencies require the incineration of certain items and such burning is conducted in a patented incinerator approved by the Fire Chief of the City of Sebastopol or his authorized agent.

E. Open burning may be permitted in residential and agricultural areas or for land clearance or new construction in residential and agricultural areas; provided, that such open burning shall be in cleared area at least 50 feet from the nearest building, structure or wooden fence.

F. Burning may be permitted in residential and agricultural areas in patented incinerators, oil drums or other containers approved in the permit by the Fire Chief of the City of Sebastopol or his authorized agent.

G. The Fire Chief or his authorized agent may establish the following:

1. Hours during which burning may be permitted.

2. The size and height of burnables.

3. Any other reasonable fire safety precautions.

H. The foregoing conditions notwithstanding, the Fire Chief, or his authorized agent, may cancel all or any permit or permits for violation of any conditions of said permit or in the event of a fire hazard all permits may be canceled for such length of time as the Fire Chief, or his authorized agent, in his discretion shall determine. (Formerly 5.42.070)

Nothing in this chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the Health Officer or City Manager to constitute a health menace of such nature as necessary to be ordered by either of said officers to be promptly removed. (Formerly 5.42.080)

Nothing contained in this chapter shall be construed to prohibit any producer of refuse, garbage, wet garbage, or rubbish to personally haul in producer’s vehicle through the streets of the City of Sebastopol, and disposing of same without the limits of the City of Sebastopol; providing, that such hauling and disposal shall at all times be subject to the approval of the Health Officer; and provided further, that said hauling and disposal of garbage, wet garbage, and/or rubbish shall not be done without a written permit from the Health Officer or the City Manager. (Formerly 5.42.090)

The City Manager in conjunction with the Health Officer shall have power to establish rules and regulations not inconsistent with this chapter, governing the collection and disposal of refuse, garbage, wet garbage or rubbish; provided, that such rules and regulations shall have as their purpose the enforcement of the provisions of this chapter and the health and sanitary laws and ordinances in effect in the City of Sebastopol. (Formerly 5.42.100)

The City Manager, the Health Department and the police of the City of Sebastopol are hereby specifically required to enforce the provisions of this chapter, and shall have the right to enter any and all premises for the purpose of determining whether the provisions of this chapter are being conformed with, and any person denying or obstructing such entry shall be subject to the penalty herein provided. It shall be unlawful for any person in any manner to interfere with the collection or disposal of refuse, garbage or rubbish by any person, firm or corporation authorized by license or contract to collect and dispose of the same. (Formerly 5.42.110)

A. For the collection and disposal of refuse, garbage, wet garbage, and rubbish, a contract for a period not to exceed 15 years may be negotiated and entered into by the City of Sebastopol in accordance with and subject to the terms and conditions of this chapter and the law relating to general law cities.

B. Such contract shall provide that the contractor shall collect and dispose of the refuse, garbage, wet garbage and rubbish in the City of Sebastopol, in the manner provided in this chapter, and shall not charge any amounts in excess of the rates specified in this chapter. Said contractor shall be required to furnish a cash or surety bond to City of Sebastopol in the sum of $5,000 conditioned upon the faithful performance of the contract and the provisions of this chapter. Such contract shall have the sole and exclusive right, except as otherwise provided in this chapter, to collect all refuse, garbage, and rubbish in the City of Sebastopol, and transport the same through the streets and public ways of said City.

C. Such contract shall also require that said contractor procure, for the period covered by the proposed contract, full compensation insurance with an “industrial carrier” as defined by and in accordance with the provisions of the act of legislature of the State of California known as “Workmen’s Compensation Act” approved May 26, 1915, and subsequently amended.

D. Such contract shall also require that said contractor carry public liability insurance to the extent of at least $100,000 for the death or injury to any person and $300,000 in the aggregate for the death or injury to any person arising out of one incident and property damage insurance to the extent of at least $10,000 upon each of the trucks or other vehicles used by him in carrying out the work called for in the contract, such insurance to cover both City and the refuse collector.

E. The City Council by resolution shall have power to provide for the inclusion in such contract of such terms as it deems necessary to protect the interests of the City of Sebastopol.

F. The provisions of subsection B of this section notwithstanding, the City Council, upon the written request of any public agency, may by motion authorize the public agency to contract for its own garbage collection and disposal; provided, however, that such collection and disposal shall comply with all the requirements of Sections 2, 3, 4 and 10 of Ordinance No. 0-519. At such time as there is in force a contract entered into by the City of Sebastopol with any person, firm, or corporation for the collection of refuse, garbage, wet garbage and rubbish in the City of Sebastopol, it shall be unlawful for any person other than the contractor or the persons in the employ of the contractor having said contract, to collect or transport any refuse, garbage, wet garbage, or rubbish within the boundaries of the City of Sebastopol as they now exist or may exist in the future. It shall be unlawful for any person to contract for the hauling of refuse, garbage, wet garbage, or rubbish within the City of Sebastopol with any person other than the contractor or person licensed to do so by the City of Sebastopol.

G. The contractor shall provide a place within the City limits of the City of Sebastopol where payments may be made in person for the collection of refuse, garbage, wet garbage, or rubbish as pursuant to SMC 13.16.050. (Ord. 1155 § 2, 2025. Formerly 5.42.120)

Ordinance Nos. 308, 514, 463 and 515 and all other ordinances or parts of ordinances in conflict with this chapter are hereby repealed. (Formerly 5.42.140)