Shafter Municipal Code Ch. 8.16 Solid Waste, Recyclable Materials and Organic Waste

Footnotes:

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Editor's note— Ord. No. 730, § 1(Exh. A), adopted Feb. 1, 2022, repealed former Ch. 8.16, §§ 8.16.010—8.16.130, in its entirety which pertained to similar subject matter and derived from the prior code, §§ 4-1-1—4-1-10; Ord. No. 460, 1994; Ord. No. 493, § 1, 1997; Ord. No. 505, § 1, 1998; Ord. No. 536, § 1, 2001; Ord. No. 645, §§ 1, 2, 4—, 8-7-2012; Ord. No. 664, § 3, 3-17-2015; Ord. No. 694, §§ 1, 3, 3-7-2017; Ord. No. 708, § 2, 11-6-2018; Ord. No. 713, §§ 1, 2, 4—6, 4-16-2019.

For the purposes of this chapter, the following words are defined and shall be construed as hereinafter set forth, unless it shall be apparent from the context that they have a different meaning:

A. "Bin" includes but are not limited to, solid waste containers with capacity of at least one cubic yard and roll-off type service containers.

B. "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 waste.

C. "CalRecycle" means the California Department of Resources Recycling and Recovery or its successor.

D. "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR.

E. "City" means the City of Shafter.

F. "Collection" means the act of collecting solid waste, recyclables, or organic waste at or near the place of generation or accumulation.

G. "Commercial Business" or "Commercial" means all business, industrial or similar non-residential land uses. Commercial shall also include any multi-family residence with five units or more.

H. "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 Section 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.

I. "Compliance Review" means a review of records by the jurisdiction to determine compliance with this chapter.

J. "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.

K. "Container" means a cart, bin, roll-off, compactor or similar receptacle used to temporarily store solid waste, recyclables, or organic waste for collection service.

L. "Construction and demolition debris" or "C&D" means bricks, stones, mortar, concrete, asphaltic concrete, wood, or other debris including used or discarded materials removed from premises during construction, renovation, remodeling, repair, or demolition operations including the demolition of buildings or structures.

M. "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains prohibited container contaminants, as defined in 14 CCR Section 18982(a)(55).

N. "Curbside collection" means the regularly scheduled collection of solid waste, recyclables, and organic waste from containers as specified herein.

O. "Edible Food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in the SB 1383 Regulations require or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

P. "Enforcement Action" means an action of the city to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

Q. "Electronic Waste" or "E-Waste" means consumer and business electronic equipment that is near or at the end of its useful life including but not limited to, computers, computer peripherals, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, video cassette players/recorders, compact disc players/recorders, calculators, and some appliances. Certain components of some electronic products contain materials that render them hazardous, depending on their condition and density. For instance, California law currently views nonfunctioning CRTs (cathode ray tubes) from televisions and monitors as hazardous.

R. "Enforcement Officer" means the city manager, county administrative official, chief operating officer, executive director, or other executive in charge or their authorized designee(s) who is/are partially or whole responsible for enforcing this chapter.

S. "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 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 would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city, 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 Sections 41500 and 41802 of the California Public Resources Code.

T. "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 Section 18982(a)(22).

U. "Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code.

V. "Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

W. "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 Section 18982(a)(25), including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

X. "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 Section 18982(a)(26).

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

Z. "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 Section 18982(a)(27).

AA. "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.

BB. "Food Waste" means food scraps and food-soiled paper.

CC. "Franchise" means the right of a person or entity to make arrangements for the collection and transportation of solid waste, recyclables and organic waste to landfills, transformation facilities, material recovery facility, processing facilities, or other licensed solid waste management facilities, and/or the ability to extricate recyclable material from all solid waste including recyclable solid waste, green waste, composting material, or organic waste.

DD. "Franchisee" or "Hauler" means the holder of a franchise.

EE. "Generator" or "Waste Generator" means a person or entity that is responsible for the initial creation of waste.

FF. "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.

GG. "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.

HH. "Green Waste" means leaves, grass clippings, brush, branches and other forms of organic matter generated from landscapes and gardens and incidental pieces of untreated and unpainted scrap lumber no longer than twenty-four inches and containing no metal objects, separated from other forms of solid waste. Green waste also includes holiday trees from which all tinsel, flock, base attachments and ornaments have been removed. Green Waste does not include stumps or branches exceeding six inches in diameter or two feet in length, palm fronds, yucca, food waste, manure, dirt, rocks, garbage or any other form of solid waste which are not suitable for composting.

II. "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 Section 18982(a)(31.5).

JJ. "Hazardous waste" means (a) all waste defined or characterized as hazardous waste by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) in 42 U.S.C. Section 6903 (5) as amended from time to time, and all implementing regulations, (b) all waste defined or characterized as a hazardous substance pursuant to the provisions of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. ("CERCLA" or "Superfund"), as in 42 U.S.C. Section 9601 (14), may be amended from time to time, and all implementing regulations, and (c) all waste defined or characterized as hazardous waste by agencies of the state of California (including without limitations the Department of Health Services, the Department of Toxic Substances Control and CalRecycle) having jurisdiction over solid and hazardous waste. The term "hazardous waste" means, in addition to any substance included in any of the foregoing categories, those substances which are not normally permitted to be disposed of by generally accepted, sanitary landfill disposal methods, but which may be contained in Solid Waste streams. In the event of a conflict in the definitions employed by two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste, the broader, more encompassing definition shall apply.

KK. "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 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 Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

LL. "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.

MM. "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 Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

NN. "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 title, 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 title, 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 Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

OO. "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

PP. "Organic waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.

QQ. "Paper Products" include, but are not limited to, paper janitorial supplies, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

RR. "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 Section 18982(a)(54).

SS. "Prohibited container contaminants" means the following: (i) discarded materials placed in the recycling container that are not identified as acceptable source separated recyclable materials for the city's blue container; (ii) discarded materials placed in the organic waste container that are not identified as acceptable source separated 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 organic wastes to be placed in the city's green container and/or blue container; and (iv) non-solid waste items placed in any container.

TT. "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 Section 18982(a)(60).

UU. "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

VV. "Recyclable materials" or "Recyclables" means those materials that may be separated on a commercially reasonable basis from solid waste and returned 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. Recyclable materials does not include organic waste.

WW. "Recycle or recycling" means the act or process of segregating, transporting, collecting, sorting, cleansing, treating, or reconstituting materials that would otherwise be discarded and returning them for use or reuse in the form of materials for new, used or reconstituted products.

XX. "SB 1383" means Senate Bill 1383 (Chapter 395, Statutes of 2016), which established 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.

YY. "SB 1383 Regulations" 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.

ZZ. "Self-hauler" means any individual, partnership, joint venture, unincorporated private organization, or private corporation engaged in salvaging which it creates, accumulates, imports or causes to be imported into the city. Any person that self-hauls any solid waste, recyclables, or organic waste within the city without a valid permit, shall be subject to all fines, fees, and penalties identified in this title. Back-haul means generating and transporting organic, recyclables or and solid 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 Section 18982(a)(66)(A).

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

BBB. "Solid Waste" means and includes all forms of residential and commercial waste generated within city limits and intended for disposal and without limitation includes all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, 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 or semisolid wastes, and other discarded solid and semisolid wastes. Solid Waste does not include recyclable materials or organic waste.

CCC. "Source Separating" or "Source Separation" means the process of removing recyclable materials and organic waste from solid waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for recyclable materials and organic waste.

DDD. "Source Separated Organic Waste" means organic waste that has been separated or kept separate from the solid waste and recyclable materials stream, at the point of generation for recycling.

EEE. "Source Separated Recyclable Materials" means recyclable materials that have been separated or kept separate from the solid waste and Organic Waste stream, at the point of generation for recycling.

FFF. "Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars, 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 Section 18982(a)(71).

GGG. "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 ten thousand square feet.

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this title.

HHH. "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following:

1. Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.

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

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

4. Large venue.

5. Large event.

6. A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.

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

If the definition in 14 CCR Section 18982(a)(74)differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

The person in occupancy of any residence, and the person in possession, charge or control of any business establishment, shall place or cause to be placed the accumulations of solid waste, recyclable materials, and organic waste at such residence or at such business establishment, as the case may be, in containers in conformance with the provisions as follows:

A. Solid Waste, recyclable materials, and organic waste shall be placed and kept for collections in a watertight container made of a substantial, durable material, equipped with a close-fitting cover and handles to facilitate lifting and handling.

B. Solid waste, recyclable materials, and organic waste shall be placed and kept for collection in a container of metal, wood, plastic, pasteboard or other material, which container is in a sound and dry condition.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

The person in occupancy of any residence, and the person in possession, charge or control of any business establishment, shall place or cause to be placed the accumulations of solid waste, recyclable materials, and organic waste at such residence or business establishment, as the case may be, in proper containers therefor as set forth in this chapter, for collection by the city or hauler at a location in conformance with the provisions as follows:

A. If such residence or business establishment abuts upon a public alley, the accumulation of solid waste, recyclable materials, and organic waste therefrom shall be placed in containers for collection at a location immediately adjacent to the property line forming the boundary between such public alley and such place of residence or such business establishment, which location shall be readily accessible from such alley and which location shall in no instance be in the public alley to a point or extend more than two feet from the property line. The city may require residence or business establishment abutting upon a public alley to receive service as provided by Subsections B or C in its discretion.

B. Except as otherwise hereinafter provided, if such residence or business establishment does not abut a public alley, the accumulations of solid waste, recyclable materials, and organic waste therefrom shall be placed in containers for collection at a location at such residence or business establishment immediately adjacent to the abutting street or highway and readily accessible therefrom.

C. With respect to all residential lots in the city which do not abut upon a public alley, the accumulation of solid waste, recyclable materials, and organic waste shall be placed in containers for collection at a curbside location in front of said residential lot. Further, said containers may only be placed in front of said residence, at the curbside location, between the hours of four p.m. of the evening before the refuse/garbage is scheduled to be collected and eight p.m. of the actual day said refuse/garbage is collected. Said containers shall otherwise be stored in a location that is not visible from a public street.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

A. The city may operate a solid waste, recyclable materials, and organic waste collection system. Such utility shall operate as an enterprise recovering one hundred percent of the cost to operate such utility. Charges by the city for the collection of solid waste, recyclable materials, and organic waste from residences, places of business and other locations within the city shall be payable as established by resolution.

B. Charges shall be established by resolution adopted by the city council from time to time.

C. Charges shall include the following, among other matters:

1. Extra charges to be made for solid waste, recyclable materials, and organic waste collection from residences, places of business or other locations using containers furnished by the city on a rental, loan, purchase or other basis;

2. Extra charges to be made for large volume collections; and

3. Extra charges to be made for solid waste, recyclable materials, and organic waste collection from each residence on a single-family lot not abutting an alley if the tentative map creating such lot was filed after the effective date of the ordinance enacting a refuse capacity charge and codified in Section 7-22-11(I) of the prior City Code of Shafter, California, 1964.

D. In the event that a city resident or business receives solid waste, recyclable materials, and organic waste collection services from a franchisee, such resident or business shall be responsible for paying for such service under any terms and conditions set forth in such franchise.

E. Charges imposed pursuant to this section may be collected by the Kern County Auditor Controller by way of the property tax roll in the same manner as general property taxes.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

A. The practice of persons in occupancy of residences and of persons in charge of business establishments of depositing and piling solid waste, junk and other discarded or waste materials in the public alleys of the city, other than in proper containers therefor for collection by the city, is prohibited and declared to be a nuisance, irrespective of whether or not any such person in so doing may have the intent of later removing or otherwise disposing of the same.

B. It is unlawful for any person to place any solid waste, junk or other waste or discarded materials on any private yard or vacant lot of which such person does not have the right of possession, use, charge or supervision.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

C&D debris shall be disposed of pursuant to the California Building Standards Code as amended by the City and shall not be placed in solid waste containers or otherwise for collection and disposal by the city or hauler.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

The practice of burning solid waste in outdoor areas within the city is declared a public nuisance.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

A. It is unlawful for any person to burn in an incinerator or otherwise any solid waste, recyclable materials, and organic waste on any street, alley, yard, public or private lot, or in any other outdoor location or outdoor area in the city, except as permitted herein.

B. A person holding a written permit issued by the fire department shall be permitted to burn dry combustible rubbish in a vacant lot if such burning is done in strict accordance with the provisions and conditions of such permit. Any such permit shall specify the exact time for and the exact location of such authorized burning and the safety precautions to be taken.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

A. It is unlawful for any person to scavenge in the city for and including but not limited to Solid waste, recyclable materials, and organic waste containers and other materials stored in public rights-of-way.

B. It is unlawful for any person to scavenge through any public rights-of-way, alley, street or easement for metals, wood, and/or any other discarded materials placed there.

C. The violation of this section shall be a misdemeanor punishable by imprisonment in the county jail for a term not to exceed six months, or by a fine not to exceed five hundred dollars or by both such imprisonment and fine.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

A. Unless otherwise directed by the city council, the collection of brush and limbs is the responsibility of the property owner. Any property owner having brush or limbs stacked in the public right-of-way adjacent to said owner's property, or a property where the public works department can readily identify as the location that the said brush originated from, will have a maximum of seventy-two hours following notification by the public works department to remove and dispose of said materials at one hundred percent cost to property owner. Brush and limbs must be removed and disposed of in said seventy-two hour period. In addition, at the city's sole discretion, the city may remove the brush and limbs and the property owner shall pay one hundred percent of costs incurred for public works department to remove or dispose of said materials.

B. Should the city council authorize limb and brush collection, it is the property owner's responsibility to meet the following conditions in order to have brush and limbs picked up by the public works department.

1. Brush or limbs must be stacked in piles of no more than ten-foot lengths. If property owner has brush and limbs stacked in more than one pile, a three-foot space must be maintained between said piles.

2. Stumps and limbs that have a diameter of one foot or larger shall not be collected by the city during the three-month brush and limb collection period but shall, rather, be hauled by the resident to the appropriate disposal or waste diversion site.

3. Brush and limb piles must be placed on public property on the street adjacent to the front of owner's property. These brush piles must be placed in a manner so as not to interfere with traffic by foot or motor vehicle. Said piles of brush and limbs must also be placed in a manner not to interfere with flow of gutter system. Brush and limb piles placed in an alley other than in proper containers shall be deemed a nuisance.

4. Separate materials shall not be co-mingled into a pile but separated into separate piles to ensure that the materials can be accepted by the appropriate waste disposal or diversion site without prior screening.

C. The city may contract for any brush and limb collection set forth in this section.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

Editor's note— Section 8.16.019 was renumbered by the editor from § 8.16.120 in order to preserve the progressive order of section numbers used in the chapters of this code.

A. Single-family organic waste generators:

1. Shall subscribe to the city's solid waste, recyclable materials and organic waste collection services. The 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; and, single-family generators shall adjust its service level for its collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste through backyard residential composting, and/or using a community composting site;

2. Shall participate in the city's solid waste, recyclable materials and organic waste collection services by placing designated materials in designated containers.

B. City may choose to comply with Section 8.16.030 instead of this Section 8.16.020.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

A. Single-family organic waste generators:

1. Shall be automatically enrolled in the city's solid waste, recyclable materials and organic waste collection services with a source separated blue recyclable materials container, and with a source separated green organic waste container, approved by the public works director or his or her designee. City shall have the authority to change the minimum required levels of service over time. City shall have the right to review the number, size, and location 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 generator shall adjust its service level for its collection services as requested by the city;

2. Shall participate in the city's three-container system for source separated blue container recyclable materials, source separated green container organic waste, and gray container solid waste collection services. Generator participation in the collection programs requires that generators place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container solid waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container, nor place materials designated for the green container or blue container into the gray container; or

B. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste through backyard residential composting, and/or using a community composting site:

C. City may choose to comply with Section 8.16.030 instead of this Section 8.16.020.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

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

1. Subscribe to the city's three-container collection services and comply with requirements of those services as described below in Section 8.16.040(A)(2). The 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; and, commercial businesses shall adjust their service level for their collection services as requested by the city.

2. Participate in the city's three-container collection service(s) by placing Source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and solid waste in the gray container. generator shall not place materials designated for the gray container into the green container or blue container, nor place materials designated for the green container or blue container into the gray container.

3. Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors (conforming with Section 8.16.040(A)(4)(a)-(b) 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 businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.16.100.

4. 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:

a. A body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

b. 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.

5. Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirements in Section 8.16.040(A)(4) pursuant to 14 CCR § 18984.9(b).

6. To the extent practical through education, training, Inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials in accordance with Section 8.16.040(A)(2), or if recycling organics onsite or self-hauling under Section 8.08.100 per the Commercial Businesses' instructions to support its compliance with its onsite recycling or self-haul program.

7. Excluding multi-family residential dwellings, periodically inspect 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).

8. 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.

9. Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste 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.

10. Provide or arrange access for the city or its agent to their properties during all Inspections conducted in accordance with Section 8.16.110 to confirm compliance with the requirements of this chapter.

11. If the city has a remote monitoring program, accommodate and cooperate with city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator's compliance with Section 8.16.040(A)(2). The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.

12. If a commercial business wants to self-haul, meet the self-hauler requirements in Section 8.16.100.

13. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site.

14. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to 8.16.070.

B. City may choose to comply with Section 8.16.050 instead of this Section 8.16.040.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

A. All commercial businesses, which includes multi-family residential dwellings, shall:

1. With the exception of self-haulers subject to Section 8.16.100, be automatically enrolled in the city's three-container collection services with a source separated blue recyclable materials container and a source separated green organic waste container, approved by the public works director or his or her designee. The city shall have the authority to change the minimum required service levels over time.

2. With the exception of self-haulers subject to Section 8.16.100, 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 solid waste in the gray container.

3. 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 three-container collection services. The containers provided by the commercial business must have either:

a. A body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

b. 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.

4. 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.

5. Excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials to the extent practical through education, training, inspection, and/or other measures.

6. Excluding multi-family residential dwellings, periodically inspect blue container, green container, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.

7. 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. This information shall also be provided to new tenants within fourteen days of occupation of the premises.

8. Provide or arrange access for the city or its agent to their properties during all inspections to confirm compliance with SB 1383 Regulations.

9. If the city has a remote monitoring program, accommodate and cooperate with city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator's compliance with Section 8.16.050(A)(2). The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.

B. City may choose to comply with Section 8.16.040 instead of this Section 8.16.050.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

A. De Minimis Waivers. The city may waive a commercial business' obligation to comply with some or all of the organic waste requirements if the commercial business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 8.16.060(A)(2) below. Commercial businesses requesting a de minimis waiver shall:

1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 8.16.060(A)(2) below.

2. Provide documentation that either:

a. A body or lid that conforms with the container colors provided through the collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

b. A body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

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 the city has approved de minimis waiver.

B. Physical Space Waivers. The city may waive a commercial business' or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements. 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 the city that it is still eligible for physical space waiver every five years, if the city has approved application for a physical space waiver.

C. Additional Waivers. The city may provide any additional waivers of the requirements of this chapter to the extent permitted by applicable law. The public works director or his or her designee shall be responsible for determining the grounds for the waiver, its scope, and appropriate administration.

D. Review and Approval of Waivers by City. Review and approval of waivers will be the responsibility of the public works director or his or her designee.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

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.

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

2. Allow the city's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR § 18991.4.

3. 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:

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

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

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

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

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, Chapter 557, Statutes of 2017.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

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 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 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 March 1, July 1, and September 1 annually.

D. Food recovery capacity planning.

1. Food recovery services and food recovery organizations. In order to support edible food recovery capacity planning assessments or other studies, 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 sixty days, unless a shorter timeframe is otherwise specified by the city.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

A. Requirements for haulers:

1. Haulers shall meet the following requirements and standards as a condition of approval of a permit or other authorization with the city to collect organic waste.

a. Through written notice to the city annually on or before June 1, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, and source separated green container organic waste.

b. Transport source separated recyclable materials or source separated green container organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

c. Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting construction and demolition debris.

2. Haulers authorized to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its permit or other agreement entered into with the city.

B. Requirements for facility operators and community composting operations.

1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the 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 sixty days.

2. Community composting operators, upon the 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 sixty days.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

A. 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, or shall haul organic waste to a high diversion organic waste processing facility.

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

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

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

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

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

D. Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in Section 8.16.100(C) to the city if requested.

E. A residential organic waste generator that self-hauls organic waste is not required to record information in Section 8.16.100(C) or report information in Section 8.16.110(D).

F. This self-haul exemption does not include contracting for or hiring a third party to transport refuse. Anyone self-hauling refuse must retain on site a self-haul form certifying that all self-hauling activities will be completed in accordance with this chapter or any other applicable law or regulation. The form shall be made available to the city manager or designee upon request. With the exception of Section 8.16.100(E), at a minimum, the following information shall be included on the form:

1. The name, address and telephone number of the resident or business owner's representative that will be signing the form.

2. A list of the types of refuse that are being transported. Recyclable materials and organic waste shall be separately listed by type.

3. For each type of refuse and separately for each type of recyclable materials and organic waste, the amount that is being taken from the business or property to a recycling facility, processing facility and landfill on a quarterly basis.

4. The name and address of the recycling facility, processing facility and/or landfill.

5. A written statement, signed by the resident, business owner or representative, certifying that the resident or business is in compliance with the requirements of this section and chapter.

G. The city may prohibit a resident or business from self-hauling if such resident or business has violated the requirements of this section or chapter. Prior to prohibiting self-haul, the city shall provide the resident or business with a written notice of violation that outlines the alleged violations of this chapter and provides the recipient with the opportunity to request a hearing before the city manager or designee. Such appeal request shall be filed within five days of issuance of the notice of violation. The hearing shall be held within sixty days of the request. The city manager's decision shall be in writing and shall be final. The city manager may prescribe the form and procedures of such hearing.

H. No self-haul certification form shall be required for residents or businesses that are selling or donating recyclable materials generated from their property or business.

I. Notwithstanding the foregoing, residential premises shall not be permitted to self-haul solid waste. Residential premises may self-haul source-separated recyclable materials and organic waste in compliance with this section.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

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, self-haulers, hauler, food recovery service, 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. For the purposes of inspecting commercial business containers for compliance with Sections 8.16.040 or 8.16.050, the city may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to Sections 8.16.040 or 8.16.050.

B. The regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or its designated entity/designee during such inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.16.120.

C. Any records obtained by the city during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

D. City representatives, its designated entity, and/or designee are authorized to conduct any inspections, remote monitoring, 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.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)

A. Any violation of this chapter shall be punishable as provided in Chapter 1.08 and may be the subject of administrative fines and penalties as provided in Chapter 1.12.

B. Violation of Sections 8.16.020 through 8.16.110 shall constitute grounds for issuance of a notice of violation and assessment of a fine by a enforcement officer. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The procedures in Chapters 1.12 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 in this chapter.

C. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.

D. Penalty Amounts for Types of Violations. The penalty amounts are set forth in Section 1.12.040.

E. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Chapter 1.12.

F. Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, the city will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

G. Civil Penalties for Non-Compliance. 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 this chapter.

H. Civil Penalties for non-compliance. This chapter shall be interpreted consistent with the city's regulatory authority and shall only apply to local education agencies and other state or federal entities to the extent permitted by law, including SB 1383 Regulations.

(Ord. No. 730, § 1(Exh. A), 2-1-2022)