Shasta County Municipal Code Ch. 8.34 Organic Waste Disposal Reduction

The purposes of this chapter are to implement rules concerning the removal of solid waste from residential and commercial premises in the unincorporated area of Shasta County, to provide for the issuance of exclusive franchises for the removal of solid waste, and to establish other provisions and regulatory requirements in connection with these purposes.

The county is committed to protecting public health, safety, welfare, and the environment. To meet these goals, the county must promote the proper management of solid waste, recyclables, and organics. Under California Law, as embodied in the California Waste Management Act (the "Act") (California Public Resources Code Sections 40000 et seq.), the State of California has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste management and disposal within their county.

The state of California has found and declared that the amount of solid waste generated in California, coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the need to conserve natural resources, have created an urgent need for state and local agencies to enact and implement an aggressive integrated waste management program. The state has, through enactment of the Act, directed the responsible state agency, and all local agencies, to promote disposal site diversion and to maximize the use of feasible solid waste reduction, re-use, recycling, and composting options in order to reduce the amount of solid waste that must be disposed of in disposal sites.

The board of supervisors hereby finds that the frequency of collection, means of collection and transportation, level of services, and the nature, location, and extent of solid waste handling services provided in the county are all matters of local concern.

The board of supervisors further finds that issuing franchises for the purpose of the provision of solid waste collection and disposal services and diversion services to residential and commercial premises to the extent such services are feasible and desirable by county residents is in the best interest of the county, and its residents and businesses. In addition, the board of supervisors finds that the public health, safety, and well-being of county residents requires options for solid waste collection, disposal, and diversion services to be provided through exclusive franchise arrangements, as set forth in this chapter.

The board of supervisors further finds that this chapter is consistent with, and tends to promote, the policy objectives set forth in this section and in the Act.

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 counties, cities, local agencies, 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.

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

For reasons set forth above, the board of supervisors finds that the adoption of this chapter will promote public health, safety, and welfare.

(Ord. No. 2022-08, § I, 10-18-2022)

"Blue container" has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.

"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.

"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 CCR).

"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 Section 18982(a)(6). A multi-family 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] of 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 pursuant to 14 CCR Section 18982(a)(7).

"Compliance review" means a review of records by county to determine compliance with this chapter.

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

"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which as stated 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 Section 18984.l(a)(l)(A) or 18984.2(a)(l)(C).

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

"County" means the unincorporated area of Shasta County.

"County enforcement official" means the county public works director and her/his designated staff in the county public works department, provided however that for purposes of section 8.34.060, "Requirements for commercial edible food generators," the county enforcement official means the county's director of environmental health and her/his designated staff in the county resource management department.

"C&D" means construction and demolition debris.

"Designated source separated organic waste facility," as defined in 14 CCR Section 18982(14.5), means a solid waste facility that accepts a source separated organic waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:

A. The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of fifty percent between January 1, 2022, and December 31, 2024, and seventy-five percent on and after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(f) for organic waste received from the source separated organic waste collection stream.

1. If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required in [subsection A] of this definition for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a "designated source separated organic waste facility."

B. The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is organic waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.

"Designee" means an entity that county contracts with or otherwise arranges to carry out any of the county's responsibilities of this chapter as authorized in 14 CCR Section 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 Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(l8), "edible food" is not solid waste if it is recovered and not discarded or is otherwise retained in the possession or control of an individual or generator. 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 county to address non-compliance 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 county 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 county 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 county, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

"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).

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

"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).

"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 l 8982(a)(25), including, but not limited to:

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

B. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,

C. 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).

If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 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 Section 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 Section 18982(a)(7).

"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.

"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).

"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 food-soiled paper.

"Gray container" has the same meaning as in 14 CCR Section 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 Sections 18984.l(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

"Green container" has the same meaning as in 14 CCR Section 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 Section l 8982(a)(30).

"Hauler route" means the designated itinerary or sequence of stops for each segment of the county's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(3l.5).

"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 fifty percent between January 1, 2022, and December 31, 2024, and seventy-five 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)(l1.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

"Inspection" means a site visit where subject to applicable law, county or designee 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 Section 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 two thousand 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.

"Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand 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 Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 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 Section 18982(a)(40).

"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.

"Non-compostable 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 Section 18982(a)(41).

"Non-local entity" means the following entities that are not subject to the county's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

A. Special district(s) located within the boundaries of the county.

B. Federal facilities, including military installations, located within the boundaries of the county.

C. Facilities operated by the state park system located within the boundaries of the county.

D. Public universities (including community colleges) located within the boundaries of the county.

E. County fairgrounds located within the boundaries of the county.

F. State agencies located within the boundaries of the county.

"Non-organic recyclables" means non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

"Notice of violation (NOV)" means a notice, including a "notice to abate a violation" or a "notice to abate" as those terms are defined in Shasta County Code Chapter 8.28 ("Nuisances"), that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4 or that comports with the Notice requirements and provisions set forth in Shasta County Code Chapter 8.28.

"Organic waste" means solid wastes containing material originating 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 Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 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 Section 18982(a)(48).

Organic waste generators may also be referred to as a person or persons subject to this chapter.

"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 Section 18982(a)(51).

"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).

"Prohibited container contaminants" means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the county's blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the county's green container; (iii) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in county's green container and/or blue container; and, (iv) 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 Section 18982(a)(60).

"Recovery" means any activity or process described in 14 CCR Section 18983.l(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

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

"Remote monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

"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 Section 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 Section 18982(a)(65).

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

"SB 1383 Regulations" or "SB 1383 Regulatory" 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 back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 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 State Public Resources Code Section 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 semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

A. Hazardous waste, as defined in the State Public Resources Code Section 40141.

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

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

"Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section l 7402.5(b)(4). For the purposes of [this] chapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste/mixed waste or other solid waste for the purposes of collection and processing.

"Source separated blue container organic waste" means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).

"Source separated recyclable materials" means source separated non-organic recyclables and source separated blue container organic waste.

"State" means the state of California.

"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).

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

A. Supermarket.

B. Grocery store with a total facility size equal to or greater than ten thousand square feet.

C. Food service provider.

D. Food distributor.

E. Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 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:

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

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

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

D. Large venue.

E. Large event.

F. 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.

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

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

"Uncontainerized green waste and yard waste collection service" or "uncontainerized service" means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR Section 189852(a)(75).

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

(Ord. No. 2022-08, § I, 10-18-2022)

Except for single-family organic waste generators that meet the self-hauler requirements in section 8.34.090 of this chapter, and single-family organic waste generators that are in census tracts that have received low-population waivers from CalRecycle, single-family organic waste generators shall comply with the following requirements:

A. Shall subscribe to county's organic waste collection services for all organic waste generated as described below in section 8.34.030(B). County shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, single-family generators shall adjust its service level for its collection services as requested by the county. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c)

B. Shall participate in the county's organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.

1. Waste generator shall place source separated green container organic waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.

C. Single-family generators located within census tracts that have received CalRecycle-approved low population waivers, including, but not limited to, census tracts 06080912400, 06089012500, 06089012603, 06089012604, 06089012605, 06089012606, 06089012701, and 06089012702, are exempt from and shall have no obligation or requirement to comply with any of the provisions of this chapter applicable to single-family organic waste generators or any requirements of Title 14, Division 7, Chapter 12, Article 3 of the California Code of Regulations, 14 CCR Sections 18984-18984.13.

(Ord. No. 2022-08, § I, 10-18-2022)

Except for organic waste generators that meet the self-hauler requirements in section 8.34.090 of this chapter, organic waste generators that are commercial businesses and multi-family residential dwellings shall comply with the following requirements:

A. Subscribe to the county's three-container collection services and comply with requirements of those services as described below in section 8.34.040(B). County shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the county.

B. Participate in the county's organic waste collection service(s) by placing designated materials in designated containers as described below.

C. Generator shall place source separated green container organic waste, including food scrapes, 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.

D. To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the county's blue container, green container, 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 8.34.090.

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

F. Provide educational 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.

G. Reserved.

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

I. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to section 8.34.060.

(Ord. No. 2022-08, § I, 10-18-2022)

A. De minimus waivers. The county enforcement official may waive a commercial business' obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the commercial business generates below a certain amount of organic waste material as described in section 8.34.050(A)(2). 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 8.34.050(A)(2).

2. Provide documentation that either:

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

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

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

4. Provide written verification of eligibility for waiver every five years, if county has approved the de minimis waiver.

B. Physical space waivers. County 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 premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of section 8.34.040 and such is verified by the County's staff, a hauler, licensed architect, or licensed engineer.

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

C. Revocation. A waiver may be revoked by the county enforcement official upon a finding that there is a violation of any of the requirements of this section or the exemption, or that an unsanitary condition, potential public health threat, environmental contamination, or nuisance condition exists or is being created.

D. Appeals. Appeals from decisions by the county enforcement official pursuant to this section may be conducted in accordance with section 8.34.120 of this code.

(Ord. No. 2022-08, § I, 10-18-2022)

A. Tier one commercial edible food generators must comply with the requirements of this section 8.34.060 commencing at the adoption of this chapter, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

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

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

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

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

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

4. Allow the county enforcement official to access the premises and review records pursuant to 14 CCR Section 18991.4.

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

a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 1899l.3(b).

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

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

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

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

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

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

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

E. Nothing in this chapter prohibits a commercial edible food generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(Ord. No. 2022-08, § I, 10-18-2022)

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

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

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

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

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

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 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 physically located and operating in the county that contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the county's health and human services agency director or her/his designated agency staff (herein also referred to as HHSA) 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 Section 18991.3(b) no later than March 31st of the following year.

D. Food recovery capacity planning.

1. Food recovery services and food recovery organizations. food recovery services and food recovery organizations operating in the unincorporated area of the county shall provide information and consultation to HHSA, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the county and its commercial edible food generators. A food recovery service or food recovery organization contacted by HHSA shall respond to such request for information within sixty days, unless a shorter timeframe is otherwise specified by HHSA.

2. Food recovery capacity planning and coordination. Each entity, including, but not limited to, each government agency and each public agency, as that term is defined in Public Resources Code Section 40181, that provides solid waste collection services located within the county shall conduct edible food recovery capacity planning, in coordination with the county.

a. If HHSA identifies that new or expanded capacity to recover edible food is needed, then each entity within the county that lacks capacity shall:

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

ii. Consult with food recovery organizations and food recovery services regarding existing, or proposed new and expanded capacity that could be accessed by the county and commercial edible food generators.

b. If the county enforcement official finds that new or expanded capacity is needed, the county enforcement official shall notify the entity or entities that lack sufficient capacity.

c. An entity contacted by the county enforcement official pursuant to this section shall respond to the request for information within one hundred twenty days of receiving it, unless a shorter or other timeframe is otherwise specified.

(Ord. No. 2022-08, § I, 10-18-2022)

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

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

(Ord. No. 2022-08, § I, 10-18-2022)

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

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 county. 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. A residential organic waste generator that self-hauls organic waste is not required to record or report information in section 8.34.090(C).

(Ord. No. 2022-08, § I, 10-18-2022)

A. County departments, and direct service providers to the county, as applicable, must comply with the county's product procurement policies as established by the department of support services-purchasing unit.

B. All vendors providing paper products and printing and writing paper shall:

1. If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items.

2. Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standards as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the county. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

4. Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the county is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).

5. Provide records to the county's recovered organic waste product procurement recordkeeping designee, in accordance with the county's recycled-content paper procurement policy(ies) of all paper products and printing and writing paper purchases within thirty days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the county. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in sections 8.34.100(B)(3) and 8.34.100(B)(4) of this chapter for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.

(Ord. No. 2022-08, § I, 10-18-2022)

A. The county enforcement officials are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow county to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with section 8.34.040(B) of this chapter, county may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring.

B. Organic waste generators that are subject to these regulations shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the county's employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment (optional); or (ii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

C. Any records obtained by a county 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. County shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

(Ord. No. 2022-08, § I, 10-18-2022)

A. Violation of any provision of this chapter is hereby declared to be a public nuisance and may be abated in accordance with chapter 8.28 (Nuisances) of the Shasta County Code or by any other means available by law or regulation, including, but not limited to, Title 14 of the California Code of Regulations, section 18995.4, which are hereby incorporated by reference. Notwithstanding chapter 1.08 of the Shasta County Code, the provisions of this chapter shall be subject only to civil enforcement and civil penalties.

B. Nonexclusive remedy. This chapter is an alternative to and does not supersede any other provision of law that authorizes a nuisance to be abated or enjoined. This chapter shall not be construed to limit or prohibit any and all other remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances or to enforce the provisions of the Shasta County Code.

C. Responsible entity for enforcement.

1. Enforcement pursuant to this chapter may be undertaken by the county enforcement official, or their designated entity, legal counsel, or combination thereof.

a. County enforcement official(s), in consultation with county counsel as needed, will interpret this chapter; implement enforcement actions; and determine if compliance standards are met.

D. Penalty amounts for types of violations. The penalty levels are as follows:

1. For a first violation, the amount of the base penalty shall be fifty dollars per violation.

2. For a second violation, the amount of the base penalty shall be one hundred dollars per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty dollars per violation.

E. Appeals process.

1. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation in accordance with chapter 8.28 of the Shasta County Code. A hearing will be held only if it is requested within the time prescribed and consistent with county's procedures in chapter 8.28 of the Shasta County Code. Evidence may be presented at the hearing. The county will appoint a hearing officer who shall conduct the hearing and issue a final written order.

2. Persons who have been denied a waiver under any provision of this chapter, or had a waiver revoked under section 8.34.060, may request a hearing to appeal the decision in accordance with chapter 8.28 of the Shasta County Code. For purposes of this section, the references to "abatement notice" in chapter 8.28 shall refer to a decision to deny a waiver or to revoke a waiver under section 8.34.060 of this code. A hearing on a denial or revocation of a wavier will be held only if it is requested within the time prescribed and consistent with county's procedures in chapter 8.28 of the Shasta County Code. Evidence may be presented at the hearing. The county will appoint a hearing officer who shall conduct the hearing and issue a final written order.

F. Education period for non-compliance. Beginning at the date of adoption of the ordinance from which this chapter is derived through December 31, 2023, county may conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if county determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by 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 county determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and/or may take enforcement action pursuant to this chapter.

(Ord. No. 2022-08, § I, 10-18-2022)