South Pasadena Municipal Code Art. V Organic Waste Disposal

(a) Single-family organic waste generators shall comply with the following requirements:

(1) Shall subscribe to city’s organic waste collection services for all organic waste generated as described below. 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 their service level for their collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c), except where limited by SPMC 16.5 and 16.13.

(2) Shall participate in the city’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.

(A) Where a three-container collection service has been implemented consisting of a black/gray container, a green container, and a blue container, generators shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and black/gray container waste in the black/gray container. Generators shall not place materials designated for the black/gray container into the green container or blue container.

(B) Where a two-container collection service has been implemented for source separated green container organic waste and mixed refuse/recyclable waste, generator shall place only source separated green container organic waste in a green container. Generator shall place all other materials (mixed refuse/recyclable waste) in a black/gray container. (Ord. No. 2359, § 3, 2021.)

(a) Generators that are commercial businesses, including multifamily residential dwellings, shall:

(1) Subscribe to city’s three-container or two-container collection services and comply with requirements of those services as described below. 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 organic waste collection service(s) by placing designated materials in designated containers as described below.

(A) Where a three-container collection service has been implemented, consisting of a black/gray container, a green container, and a blue container, generator shall 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 waste in the black/gray container. Generator shall not place materials designated for the black/gray container into the green container or blue container.

(B) Where a two-container collection service has been implemented for source separated green container organic waste and mixed refuse/recyclable waste, generator shall place only source separated green container organic waste in a green container. Generator shall place all other materials (mixed refuse/recyclable waste) in a black/gray container.

(b) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (c)(1) and (c)(2) of this section) for employees, contractors, tenants, and customers, consistent with city’s blue container, where applicable, green container, and black/gray container collection service.

(c) Excluding multifamily residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials, where applicable, in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

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

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

accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(d) Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements in subsection (c) of this section pursuant to 14 CCR Section 18984.9(b).

(e) To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city’s blue container, green container, and black/gray container collection service.

(f) Excluding multifamily residential dwellings, periodically inspect blue containers, where applicable, green containers, and black/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).

(g) 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, where applicable.

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

(i) Provide or arrange access for city or its agent to their properties during all inspections conducted in accordance with SPMC 16.57 to confirm compliance with the requirements of this chapter.

(j) Accommodate and cooperate with city’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator’s compliance with subsection (c)(2) of this section. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, where applicable, green containers, and black/gray containers.

(k) At commercial business’s option and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its blue containers, where applicable, green containers, and black/gray containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the blue containers, green containers, and black/gray containers subject to written notification to or approval by the city or its designee.

(l) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c), except where limited by SPMC 16.5 and 16.13.

(m) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to SPMC 16.53. (Ord. No. 2359, § 3, 2021.)

(a) De Minimis Waivers. The city may waive a commercial business’s obligation (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described 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 below.

(2) Provide documentation that either:

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

(B) The commercial business’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per applicable container of the business’s total waste.

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

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

(b) Physical Space Waivers. City may waive a commercial business’s or property owner’s obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of SPMC 16.51.

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

(3) Provide written verification to city that it is still eligible for physical space waiver every five years, if city has approved application for a physical space waiver. (Ord. No. 2359, § 3, 2021.)

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

(2) Contract with, or enter into a written agreement with, food recovery organizations or food recovery services for:

• (A) The collection of edible food for food recovery; or

(B) Acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

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

(4) Allow city’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

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

(A) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

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

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

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

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

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

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

(6) No later than July 1st of each year commencing no later than July 1, 2022, for tier one commercial edible food generators and July 1, 2024, for tier two commercial edible food generators, provide an annual food recovery report to the city that includes the information recorded as required in subsection (c)(5) of this section as well as the amount and type of edible food that was not accepted by food recovery organizations or services for donation.

(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). (Ord. No. 2359, § 3, 2021.)

(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)(1):

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

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

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

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

(b) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR 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 shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).

(d) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 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 Section 18991.3(b) no later than July 1st.

(e) 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 conducted by the county, city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter time frame is otherwise specified by the city. (Ord. No. 2359, § 3, 2021.)

(a) Requirements for Haulers.

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

(A) Through written notice to the city annually on or before July 1st, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, source separated green container organic waste, and mixed refuse/recyclable waste.

(B) Transport source separated recyclable materials, source separated green container organic waste, and mixed refuse/recyclable 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 C&D in a manner that complies with 14 CCR Section 18989.1, and SPMC 16.56.

(2) Exclusive franchised hauler authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with 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, invessel digestion facilities, and publicly owned treatment works shall, upon city’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.

(2) Community composting operators, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days. (Ord. No. 2359, § 3, 2021.)

(a) Persons applying for a permit from the city for new construction and building additions and alterations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the city. If the requirements of CALGreen are more stringent than the requirements of this section, the CALGreen requirements shall apply.

Project applicants shall refer to Chapter 9 SPMC for complete CALGreen requirements.

(b) For projects covered by CALGreen or more stringent requirements of the city, the applicants must, as a condition of the city’s permit approval, comply with the following:

(1) Where five or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the two-container or three-container collection program offered by the city, or comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(2) New commercial construction or additions resulting in more than 30 percent of the floor area shall provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three-container or two-container collection program offered by the city, or shall comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with city’s C&D ordinance, and all written and published city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D. (Ord. No. 2359, § 3, 2021.)

(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 multifamily residential dwellings), property owners, commercial edible food generators, haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with SPMC 16.51(a)(2), 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 SPMC 16.51(j).

(b) 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 of this chapter described herein. Failure to provide or arrange for:

(1) Access to an entity’s premises;

(2) Installation and operation of remote monitoring equipment; or

(3) 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 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 noncompliant with SB 1383 regulations, including receipt of anonymous complaints. (Ord. No. 2359, § 3, 2021.)

(a) Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by the city manager or their designee or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine, as governed by Chapter 1A SPMC regarding administrative citations.

(b) Process for Enforcement.

(1) For incidences of prohibited container contaminants found in containers, city or its designee will issue a notice of violation and/or a notice of contamination to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within two days after determining that a violation has occurred. If the city or its assignee observes prohibited container contaminants in a generator’s containers on more than two consecutive occasions, beginning January 1, 2024, the city or its designee has the right to assess contamination processing fees or contamination service charges on the generator, per the current franchise hauler rate schedule. This contamination service charge shall not be considered an administrative fine or penalty. Any disputes arising from the assessment of a contamination service charge shall be adjudicated pursuant to the customer complaint resolution process provided under the terms of any contract, agreement, or similar contractual authorization between the hauler and the city to collect organic waste.

(2) Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 1A SPMC (Administrative Citations). Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the city or, if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.

(c) 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 $100.00 per violation.

(2) For a second violation, the amount of the base penalty shall be $200.00 per violation.

(3) For a third or subsequent violation, the amount of the base penalty shall be $500.00 per violation.

(d) Education Period for Noncompliance. Beginning January 1, 2022, and through December 31, 2023, 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 city determines that organic waste generator, 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.

(e) Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city determines that an organic waste generator, hauler, tier one or tier two commercial edible good 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 section, as needed. (Ord. No. 2359, § 3, 2021.)