Tustin Municipal Code Part 6 Diversion of Materials in Compliance with SB 1383

Single-family generators shall comply with the following requirements (with the exception of single-family generators that meet the self-hauler requirements in Section 4366 of this Part):

a. For the purpose of this Section, food scraps, food soiled paper, yard trimmings, and wood waste are referred to as organic materials.

b. Single-family generators shall participate in the City's Municipal Solid Waste and Divertable Materials collection service(s) by placing each material in designated containers as described below.

1. Generator shall place only organic materials in the organic materials container, recyclable materials in the recyclables container, and municipal solid waste in the municipal solid waste container. Placing these materials in any other container is prohibited.

2. Generator shall subscribe to collection services for all food scraps, food soiled paper, yard trimmings, and wood waste generated and shall also subscribe to collection services for all recyclable materials and municipal solid waste generated. Service levels shall be adjusted to ensure all divertable materials and municipal solid waste generated can be placed in the required containers. Generator shall adjust its service level if requested by the City. Generators may additionally manage their organic materials by preventing or reducing the quantity of organic materials generated, and/or managing organic materials on site, pursuant to 14 CCR Section 18984.9(c). Generators may also utilize a community compost site.

(Ord. No. 1519, Sec. 2, 12-7-21)

Generators that are commercial businesses (including multifamily residential dwellings) shall adhere to the following:

a. For the purpose of this Section, food scraps, food soiled paper, yard trimmings, and wood waste are referred to as organic materials.

b. Subscribe to collection services for all municipal solid waste, recyclable materials, and organic materials generated and comply with requirements of those services as described in Section 4361(c) (with the exception of commercial businesses that meet the self-hauler requirements in Section 4366). 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 for proper containment of materials, commercial businesses shall adjust the container size(s), collection frequency and other service level(s) for their collection of divertable materials and/or municipal solid waste as requested by the City.

c. With the exception of commercial businesses that meet the self-hauler requirements in Section 4366 of this Chapter, generators that are commercial businesses shall participate in the City's organic materials collection service(s) by placing designated materials in designated containers as described below.

1. Generator shall place only organic materials in the organic materials container, recyclable materials in the recyclables container, and municipal solid waste in the municipal solid waste container. Placing these materials in any other container is prohibited.

d. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers.

e. Provide containers for the collection of organic materials and recyclable materials in all indoor and outdoor areas where municipal solid waste containers are provided for customers, for materials generated by that business. (multifamily residential dwellings are exempted from this requirement). 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 (1) type of container, then the business does not have to provide that particular container in all areas where municipal solid waste 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's Contracted Hauler, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of 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 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

f. 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. (Multifamily residential dwellings are exempted from this requirement.)

g. Periodically inspect all 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). (Multifamily residential dwellings are exempted from this requirement.)

h. Annually provide information to employees, contractors, tenants, and customers about proper sorting of organic materials and recyclable materials from municipal solid waste.

i. Provide educational information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep organic materials and recyclable materials separate from municipal solid waste and the location of containers and the rules governing their use at each property.

j. If a commercial business wants to self-haul organic material and/or recyclable materials, meet the self-hauler requirements in Section 4366 of this Part.

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

l. Commercial businesses that are Tier One or Tier Two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 4363.

(Ord. No. 1519, Sec. 2, 12-7-21)

Pursuant to 14 CCR Section 18984.11, the SB 1383 Regulations allow the City to grant waivers to generators for physical space limitations and/or de minimis volumes.

a. For the purpose of this section, food scraps, food soiled paper, yard trimmings, and wood waste are referred to as organic materials.

b. Recyclable materials container waivers cannot be granted to commercial business generators (including multifamily residential dwellings) that are subject to the Mandatory Commercial Recycling law (AB 341).

c. De minimis waivers. City may waive a commercial business's obligation (including multifamily residential dwellings) to comply with some or all of the requirements to divert recyclable materials and organic materials if the commercial business provides documentation or the City has evidence demonstrating that the business generates low volumes of materials as described in Section 4362c. Commercial Businesses shall be granted a de minimis waiver if the City has been provided with documentation or has sufficient evidence of the following:

1. Organics container waiver: The commercial business's total municipal solid waste and divertable materials collection service (combined) is two (2) cubic yards or more per week and the commercial business generates less than twenty (20) gallons per week of the following materials combined:

(i) Food scraps.

(ii) Food soiled paper.

(iii) Yard trimmings.

(iv) Wood.

2. Organics container waiver: The commercial business' total municipal solid waste and divertable materials collection service (combined) is less than two (2) cubic yards per week and the commercial business generates less than ten (10) gallons per week of the following materials combined:

(i) Food scraps.

(ii) Food soiled paper.

(iii) Yard trimmings.

(iv) Wood.

3. Recyclable materials container waiver: The commercial business's total municipal solid waste collection service is two (2) cubic yards or more per week and the commercial business generates less than twenty (20) gallons per week of the following materials combined:

(i) Paper.

(ii) Cardboard.

(iii) Plastic.

(iv) Metal.

(v) Glass.

4. Recyclable materials container waiver: The commercial business' total municipal solid waste collection service is less than two (2) cubic yards per week and the commercial business generates less than ten (10) gallons per week of the following materials combined:

(i) Paper.

(ii) Cardboard.

(iii) Plastic.

(iv) Metal.

(v) Glass.

d. Notice of changed circumstance. Commercial business is required to notify City if circumstances change such that commercial business generates materials listed in Section 4362c in amounts that exceed the threshold required for the waiver, in which case the waiver will be rescinded.

e. Rescission of waiver. If the City obtains evidence that circumstances change such that the commercial business generates materials listed in Section 4362c in amounts that exceed the threshold required for the waiver, the City shall rescind the waiver.

f. Verification of eligibility. City will verify eligibility for the de minimis waiver every five (5) years.

g. 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 materials collection service requirements if commercial business or property owner provides documentation, or the City has evidence from its own staff, contracted hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the recyclable materials and/or organic materials collection requirements of Section 4361.

City will verify that the commercial business or property owner is still eligible for a physical space waiver every five (5) years.

h. Review and approval of waivers by City. The Director of Public Works or his/her designee shall be responsible for approval of waivers.

(Ord. No. 1519, Sec. 2, 12-7-21; Ord. No. 1530, Sec. 2, 11-15-22)

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 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 the generator's 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. No. 1519, Sec. 2, 12-7-21)

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 (1) 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) on or before March 1 of each calendar year commencing with March 1, 2023.

e. Food recovery capacity planning, 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 sixty (60) days, unless a shorter timeframe is otherwise specified by the City.

(Ord. No. 1519, Sec. 2, 12-7-21)

a. Requirements for haulers. City's Contracted Hauler authorized to collect divertable materials and municipal solid waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained in the collection contract.

b. Requirements for facility operators and community composting operations.

1. Owners of facilities, operations, and activities that recover food scraps, food soiled paper, yard trimmings, and wood 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 sixty (60) days.

2. Community composting operators, upon City request, shall provide information to the City to support capacity planning for composting of food scraps, food soiled paper, yard trimmings, and wood waste, including, but not limited to, an estimate of the amount of these wastes anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within sixty (60) days.

(Ord. No. 1519, Sec. 2, 12-7-21)

a. For the purpose of this Section, food scraps, food soiled paper, yard trimmings, and wood waste are referred to as organic materials.

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

c. Self-haulers shall haul their recyclable materials to a permitted facility that recovers those materials; and haul their organic materials to a permitted facility, operation, activity, or property that otherwise processes or recovers organic material. Alternatively, self-haulers may haul organic materials to a high diversion organic material processing facility.

d. Divertable materials shall not be disposed of at a landfill to be used as alternative daily cover.

e. Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record of the amount of recyclable materials and organic materials delivered to each permitted facility, operation, activity, or property that composts or otherwise processes or recovers organic materials; this record shall be subject to inspection by the City. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the recyclable materials or organic materials.

2. The amount of each type 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 entity(ies) that received the organic waste.

(Ord. No. 1519, Sec. 2, 12-7-21)

a. City representatives and/or its 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 divertable materials and municipal solid waste otherwise being stored or transported within the City to confirm compliance with this Part by single-family generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, contracted hauler(s), self-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.

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 designee during such inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, contamination in any container, edible food recovery activities, records, or any other requirement of this Part 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 Part 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/or designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this Part, subject to applicable laws.

e. City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

(Ord. No. 1519, Sec. 2, 12-7-21)

a. Violation of any provision of this Part 6 of this Chapter shall constitute grounds for issuance of an administrative citation and assessment of a fine as set in Section 1162 of the Tustin City Code.

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. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.

c. Process for enforcement.

1. Enforcement Officials and/or their designee will monitor compliance with this Part randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 4367 establishes the City's right to conduct inspections and investigations.

2. City may issue an official notification to notify regulated entities of their obligations under this Part.

3. City shall issue a Notice of Violation requiring compliance within fifteen (15) days of issuance of the notice.

4. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Section 1162 of the Tustin City Code.

Notice shall be sent to the party responsible for the violation. This includes, but is not limited to, the Contracted Hauler identified customer of record, property owner, property management company, and/or homeowners association.

d. Penalty amounts for violations. Beginning January 1, 2023, penalties for violations of Article 4, Chapter 3, Part 6 of the Tustin City Code will be assessed in accordance with Section 1162 of the Tustin City Code.

e. Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. Appeals will be conducted in accordance with Section 1166 of the Tustin City Code.

(Ord. No. 1519, Sec. 2, 12-7-21; Ord. No. 1530, Sec. 3, 11-15-22)