Thousand Oaks Municipal Code Art. 8 Organic Waste Requirements

Single-Family and Multi-Family residents with individual cart service (MFD-I) who generate Organic Waste shall comply with the following requirements except generators who meet the Self-Hauler requirements in Section 6-2.808 of this Chapter:

(a) Shall subscribe to Organic Waste collection services for all Organic Waste generated as described below in Section (b). The City or its designee shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, generators shall adjust their service level for their collection services as requested by the City or its designee. 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).

(b) Shall participate in the City's Organic Waste collection service program by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in Collection Containers.

(1) Generator shall place Source Separated Organic Waste, including Food Waste, in the Organics Container; Source Separated Recyclable Materials in the Recycling Container; and non-recyclable Solid Waste in the Garbage Container. Generator shall not place non-recyclable Solid Waste into the Organics or Recycling Containers.

(Ord. 1688-NS, eff. December 17, 2021)

Commercial Service Recipients, including Mixed-Use Dwellings (MXD) but excluding MFD-C service recipients, who are covered separately in 6-2.803, shall comply with the following requirements except generators that meet the Self-Hauler requirements in Section 6-2.808 of this Chapter:

(a) Subscribe to three-container collection services and comply with requirements of those services as described below in Section (b). The City or its designee shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Service Recipients shall adjust their service level for their collection services as needed or as requested by the City or its designee.

(b) Participate in the City's Organic Waste collection service program by placing designated materials in designated containers as described below.

(1) A three-container collection service (Garbage, Recycle, Organics).

(A) Generator shall place Source Separated Organic Waste, including Food Waste, in the Organics Container; Source Separated Recyclable Materials in the Recycling Container; and non-recyclable Solid Waste in the Garbage Container. Generator shall not place non-recyclable Solid Waste into the Organics or Recycling Containers.

(c) Supply and allow access to adequate number, size and location of Collection Containers with sufficient labels or colors (conforming with SB 1383) for employees, contractors, tenants, and customers, consistent with City's solid waste collection service or, if self-hauling, per the Self-Hauler requirements of Section 6-2.808.

(d) Businesses must provide containers for the collection of Source Separated 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, in accordance with AB 827. Such containers do not need to be provided in restrooms. If a 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 the 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 of SB 1383. A 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.

(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(e) To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the City's solid waste collection service or, if self-hauling, per the Self-Hauler requirements of Section 6-2.808.

(f) Periodically, as directed by the City or its designee, inspect Recycling Containers, Organics Containers, and Garbage 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 Organic Waste and Source Separated Recyclable Materials.

(h) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep Source Separated Organic Waste and Source Separated Recyclable Materials separate from Solid Waste and the location of containers and the rules governing their use at each property.

(i) Provide or arrange access for City or its Contractor to their properties during all Inspections conducted in accordance with Section 6-2.809 of this ordinance to confirm compliance with the requirements of this Chapter.

(j) If a Commercial Service Recipient wants to self-haul, they shall meet the Self-Hauler requirements in Section 6-2.808 of this ordinance.

(k) Nothing in this Section prohibits a Commercial Service Recipient 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).

(l) Commercial Service Recipients that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 6-2.805.

(Ord. 1688-NS, eff. December 17, 2021)

Property owner in Multi-Family Residential Dwellings with centralized bin service (MFD-C) shall comply with the following requirements except generators that meet the Self-Hauler requirements in Section 6-2.808 of this ordinance:

(a) Subscribe to three-container collection services and comply with requirements of those services as described below in Section (b). The City or its designee shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Service Recipients shall adjust their service level for their collection services as needed or as requested by the City or its designee.

(b) Tenants in MFD-C complexes shall participate in the City's Organic Waste collection service program by placing designated materials in designated containers as described below.

(1) A three-container collection service (garbage, recycle, organics)

(A) Generator shall place Source Separated Organic Waste, including Food Waste, in the Organics Container; Source Separated Recyclable Materials in the Recycling Container; and non-recyclable Solid Waste in the Garbage Container. Generator shall not place non-recyclable Solid Waste into the Organics or Recycling Containers.

(c) To the extent practical through education, training, inspection, and/or other measures, property manager shall prohibit tenants from placing materials in a container not designated for those materials per the City's solid waste collection service or, if self-hauling, per the Self-Hauler requirements of Section 6-2.808.

(d) Periodically, as directed by the City or its designee, property manager shall inspect Recycling Containers, Organics Containers, and Garbage Containers for contamination and inform tenants if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

(e) Annually provide information to tenants about requirements of this ordinance and about proper sorting of Source Separated Organic Waste and Source Separated Recyclable Materials.

(f) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep Source Separated Organic Waste and Source Separated Recyclable Materials separate from Solid Waste and the location of containers and the rules governing their use at each property.

(g) Provide or arrange access for City or its Contractor to their properties during all Inspections conducted in accordance with Section 6-2.809 of this ordinance to confirm compliance with the requirements of this Chapter.

(h) If a MFD-C generator wants to self-haul, they shall meet the Self-Hauler requirements in Section 6-2.808 of this Chapter.

(i) 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).

(Ord. 1688-NS, eff. December 17, 2021)

(a) De Minimis Waivers. The City may waive a Commercial Service Recipient's obligation, including MFD-C and Mixed-Use Dwellings, to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Service Recipient provides documentation that the location generates below a certain amount of Organic Waste material as described in SB 1383 and item (a)(2) below. Commercial Service Recipients requesting a de minimis waiver shall:

(1) Submit a "Request for Waiver" application available from the City or Contractor specifying the services that they are requesting a waiver from and provide documentation as noted in item (a)(2) below.

(2) Provide documentation that either:

(A) The Commercial Service Recipient's total Solid Waste collection service is two cubic yards or more per week and Organic Waste comprises less than 20 gallons per week of the business' total waste; or,

(B) The Commercial Service Recipient's total Solid Waste collection service is less than two cubic yards per week and Organic Waste comprises less than 10 gallons per week of the business' total waste.

(3) Notify City if circumstances change such that Commercial Service Recipient'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 annually, if City has approved de minimis waiver.

(b) Physical Space Waivers. The City may waive a Commercial Service Recipient's or property owner's obligations (including MFD-C and Mixed-Use 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, Contractor, 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 this Chapter.

A Commercial Service Recipient or property owner may request a physical space waiver through the following process:

(1) Submit a "Request for Waiver" application available from the City or Contractor 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 Recyclable Materials Containers and/or Organics Containers including documentation from Contractor, licensed architect, or licensed engineer.

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

(c) Review and Approval of Waivers by the City. The City's Exclusive Franchise Agreement Administrator shall review and either approve or deny Waivers.

(Ord. 1688-NS, eff. December 17, 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.

(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 City's enforcement entity or designee to access the premises and review records pursuant to 14 CCR Section 18991.4.

(5) Keep, and submit to the City annually, 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.

(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. 1688-NS, eff. December 17, 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, and report to the City annually, 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 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 January 31st.

(Ord. 1688-NS, eff. December 17, 2021)

(a) Requirements for Haulers. Exclusive Franchise waste hauler providing Residential and/or Commercial Organic waste collection service shall follow all requirements stipulated in the Exclusive Franchise Agreement and this ordinance.

(b) Requirements for Facility Operators and Community Composting Operations located within the City.

(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 City 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. 1688-NS, eff. December 17, 2021)

(a) Self-Haulers shall source separate all Organic Waste (materials that the City otherwise requires generators to separate for collection in the City's organics recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2.

(b) Self-Haulers shall haul their Source Separated 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 as specified in 14 CCR Section 18984.3.

(c) Self-Haulers that are Commercial, MFD-C or MXD Service Recipients 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 provided to City if requested and/or 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) A residential Organic Waste Generator that self hauls Organic Waste is not required to record or report information in Section 6-2.808(c).

(Ord. 1688-NS, eff. December 17, 2021)

(a) City representatives and/or designee are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial, MFD-C, MXD, MFD-I and SFD Service Recipients, property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow City to enter a private residential property, or the non-public areas of a commercial property, for Inspection without consent or a warrant.

(b) Service Recipient shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City's employee or its designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, 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; 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 the City during its Inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

(d) City representatives, and its Designee are authorized to conduct any Inspections, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.

(e) The 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. 1688-NS, eff. December 17, 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 City. Enforcement Actions under this ordinance are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.

(b) 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.

(c) Responsible Entity for Enforcement.

(1) Enforcement pursuant to this ordinance may be undertaken by the City Manager or their designated entity, legal counsel, or combination thereof.

(d) Process for Enforcement.

(1) City Manager and/or their Designee, and/or Contractor, will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring). Section 6-2.809 establishes the City's right to conduct Inspections and investigations.

(2) Contamination incidences will be dealt with as specified in the Exclusive Franchise Agreement.

(e) 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 per violation.

(2) For a second violation, the amount of the base penalty shall be $200 per violation.

(3) For a third or subsequent violation, the amount of the base penalty shall be $500 per violation.

(f) Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

(2) Delays in obtaining discretionary permits or other government agency approvals; or,

(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

(g) Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with the City's procedures in the Thousand Oaks Municipal Code for appeals of administrative citations. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order.

(h) 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.

(i) 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 Section 17, as needed.

(Ord. 1688-NS, eff. December 17, 2021)