Victorville Municipal Code Ch. 6.37 Mandatory Organic Waste Disposal Reduction

This chapter is intended to comply with SB 1383, the Short-lived Climate Reduction Act of 2016, and its implementing regulations. SB 1383 Regulations place requirements on cities, single-family residential dwellings, commercial businesses including multifamily residential dwellings, commercial edible food generators, self-haulers, food recovery organizations, and food recovery services to achieve statewide organic waste disposal reduction targets to reduce organics in landfills as a source of methane. SB 1383 requires the city to adopt and enforce an enforceable mechanism, such as the ordinance codified in this chapter to implement SB 1383 Regulations.

(Ord. No. 2425, § 2, 4-19-22)

The following terms when capitalized and used in this chapter shall have the meaning assigned below unless the context clearly indicates that a different meaning was intended. Whenever appropriate with the context, words used in the present tense include the future tense. Words used in the singular number include the plural. Words used in the plural number include the singular, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa. In the event of a conflict between a definition in this chapter and a definition in 14 CCR Section 18982, the definitions in Section 18982 shall control for the purposes of this chapter. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded, and replaced from time to time.

"Black container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of black container waste. Black containers may also be gray. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of black container waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28), including green containers used by single-family generators for the storage and collection of solid waste shall be deemed to be black containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. Any such green container shall not be deemed to be a green container as defined in 14 CCR Section 18982(a)(29).

"Black container waste" means solid waste that is collected in a black container that is part of the city's three or four-container organic waste collection service as specified in 14 CCR Section 18984.1.) Designated recyclable materials, designated organic waste, and/or designated food scraps do not constitute black container waste.

"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 designated recyclable materials.

"Brown container" has the same meaning as in 14 CCR Section 18982(a)(5.5) and shall be used only for the purpose of storage and collection of designated food scraps.

"CalRecycle" means California's Department of Resources Recycling and Recovery, which is has responsibility for developing, implementing, and enforcing SB 1383 Regulations on cities and other jurisdictions.

"California Code of Regulations" or "CCR" means the 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).

"City enforcement official" means the city manager of the city, and/or his/her designee(s), including such city employees who are partially or wholly responsible for enforcing city ordinances, provisions of the Victorville Municipal Code ("the "Code" or "this Code"), and rules and regulations promulgated thereunder.

"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 Section 6.37.020 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 the city 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 one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

"Compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility, or as otherwise defined in as in 14 CCR Section 17896.2(a)(4)

"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).

"C&D" means construction and demolition debris.

"Designated blue container organic waste" means organic wastes designated by the city for placement in the blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7). Designated blue container organic waste includes but is not limited to: clean paper and cardboard and other materials which may be designated from time to time by the city manager or his/her designee.

"Designated food scraps" means items designated by the city for placement in the brown container that is specifically intended for the separate collection of food scraps and other organic waste materials which may be designated from time to time by the city manager or his/her designee. designated food scraps includes 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, grease, meat, and/or bones when such materials have been source separated from other food scraps for the purposes of sending to a rendering company.

"Designated 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) and other materials which may be designated from time to time by the city manager or his/her designee.

"Designated organic waste" means organic waste designated by the city for placement in a green container that is specifically intended for the separate collection of organic waste, excluding designated blue container organic waste, carpets, non-compostable paper, and textiles. Designated organic waste incudes garden trimmings, leaves, grass clippings, weeds, shrub clippings, and other materials which may be designated from time to time by the city manager or his/her designee.

"Designated recyclable materials" means items designated for placement in the blue container that is specifically intended for the separate collection of designated nonorganic recyclables and designated blue container organic waste.

"Designee" means an entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities under 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)(18), "edible food" is not solid waste if it is recovered and not discarded. 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 by the city 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, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the jurisdiction 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 city's, or in its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose jurisdiction, or its designee, to potential liability. Excluded waste also includes materials which require separate handling and cannot be collected from standard solid waste, recycling, or organic containers, including but not limited to appliances, scrap metal, electronics, tires, and oversized furniture items.

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

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

(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and

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

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

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.

"Green container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of designated 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 18982(a)(30).

"Hauler route" means the designated itinerary or sequence of stops for each segment of the jurisdiction's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

"Inspection" means a site visit where a jurisdiction 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.

"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.

"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.

"MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

"Non-compostable products" includes but is not limited to products that are coated in a plastic material that will not breakdown in the composting process or is not accepted for composting at the local composting facility, or as otherwise defined in 14 CCR Section 18982(a)(41).

"Non-local entity" means the following entities that are organic waste generators but are not subject to the city's enforcement authority with respect to solid waste:

(1) Special district(s) located within the boundaries of the city.

(2) Federal facilities, including military installations, located within the boundaries of the city.

(3) Prison(s) located within the boundaries of the city, with the exception of private prisons, if any.

(4) Facilities operated by the state park system located within the boundaries of the city.

(5) Public universities (including community colleges) located within the boundaries of the city.

(6) County fairgrounds located within the boundaries of the city.

(7) State agencies located within the boundaries of the city.

"Notice of violation (NOV)" means a notice 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.

"Organic waste" means solid wastes containing material originated 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).

"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:

(1) Discarded materials placed in the blue container that are not identified by the city as designated recyclable materials for the blue container.

(2) Discarded materials placed in the green container that are not identified by the city as designated organic waste for the green container.

(3) Discarded materials placed in the brown container that are not identified by the city as designated food scraps for the brown container;

(4) Discarded materials placed in the black container that are designated recyclable materials, designated organic waste, and/or designated food scraps.

(5) 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 18983.1(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).

"Renewable gas" means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

"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, 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 or entity, who, to the extent authorized by this Code and any collection agreement between the city and a franchised hauler in effect, and in compliance with all applicable requirements of this Code hauls solid waste, organic waste, or recyclable materials he or she has generated to another person or entity; or, as otherwise defined in 14 CCR, Section 18982(a)(66). 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 non-putrescible 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 semisolid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.

(2) 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).

(3) 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 17402.5(b)(4). For the purposes of this chapter, source separated shall include separation of materials by a generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection ("source separating") such that source separated materials are separated from black container waste or other solid waste for the purposes of separate collection and processing.

"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:

(1) Supermarket.

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

(3) Food service provider.

(4) Food distributor.

(5) Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) 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:

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

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

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

(4) Large venue.

(5) Large event.

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

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

If the definition in 14 CCR Section 18982(a)(74) 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.

"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, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

(Ord. No. 2425, § 2, 4-19-22)

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

(a) Shall subscribe to city's organic waste collection services for all organic waste generated as described below in Section 6.37.030(b). 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).

(b) Shall participate in the city's organic waste collection service(s) by source separating designated recyclable materials and designated organic waste (including designated food scraps which shall first be prepared/bagged in the manner described in notice provided by the city) from other waste and by placing designated materials in designated containers as described below:

(1) Shall place only designated recyclable materials in the blue container.

(2) Shall place only designated organic waste materials in the green container.

(3) Shall prepare all materials designated for collection as per written instructions provided by the city or its designee.

(4) Shall not place designated recyclable materials in black or green containers and shall not place designated organic waste materials in blue or black containers.

(5) Shall not place prohibited container contaminants in collection containers.

(Ord. No. 2425, § 2, 4-19-22)

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

(a) Subscribe to the city's organic waste collection service(s) and comply with requirements of those services as described below in Section 6.37.040(b), except commercial businesses that meet the self-hauler requirements in Section 6.37.090 of this chapter. The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the city.

(b) Except for commercial businesses that meet the self-hauler requirements in Section 6.37.090 of this chapter, generators that are commercial businesses, including multi-family residential dwellings, shall participate in the city's organic waste collection service(s) by source separating designated recyclable materials and designated organic waste (including designated food scraps) from other waste and placing designated materials in designated containers as described below:

(1) Shall place only designated organic waste in the green container; designated food scraps in the brown container; designated recyclable materials in the blue container; and black container waste in the black container.

(2) Shall not place materials designated for the black container into the green container, blue container, or brown container.

(3) Shall not place designated recyclable materials, designated food scraps, or designated organic waste into any container other than the container designated for each of the corresponding materials.

(4) Shall not place prohibited container contaminants in containers.

(c) Commercial businesses, including multi-family residential dwellings, shall supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 6.37.040(d)(1) and 6.37.040(d)(2) below) for employees, contractors, tenants, and customers, consistent with the city's collection services or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 6.37.090.

(d) Commercial businesses, not including multi-family residential dwellings, shall provide containers for the collection of designated organic waste, designated food scraps, and designated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR 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. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

(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.

(3) Container labels shall be visually inspected by commercial businesses at least semi-annually for legibility and condition and shall be replaced within ten days of inspection if a label is missing, not legible, or is in poor condition.

(e) Commercial businesses shall implement policies and procedures to educate and train employees on proper separation of materials and prohibit employees from placing materials in a container not designated for those materials per the city's solid waste collection services.

(f) Commercial businesses, excluding multi-family residential dwellings, shall inspect blue containers, green containers, brown containers, and/or black containers provided pursuant to Section 6.37.040(d) at least weekly for contamination and inform employees and tenants/occupants 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) Commercial businesses, including multi-family residential dwellings, shall at least annually provide written information or training to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of designated organic waste, designated food scraps, and designated recyclable materials.

(h) Commercial businesses, including multi-family residential dwellings, shall provide education information described in subsection (g) of this section to new employees and/or tenants before or within ten days of hiring new employees or of occupation of the premises by tenants. Education information shall describe requirements to keep designated organic waste, designated food scraps, and designated recyclable materials separate from black container waste and the location of containers and the rules governing their use at each property.

(i) Commercial businesses, including multi-family residential dwellings, shall provide or arrange access for city or its agent to their properties during all inspections conducted in accordance with Section 6.37.120 of this chapter to confirm compliance with the requirements of this chapter.

(j) Commercial businesses, including multi-family residential dwellings, if generating two cubic yards or more per week of total solid waste (or other threshold defined by the state), shall require that any contract or work agreement between the owner, occupant, or operator of the commercial business and a gardening or landscaping service specify that the organic waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the State Public Resources Code.

(k) Commercial businesses, including multi-family residential dwellings, that wish to self-haul organic waste or recyclables shall meet the self-hauler requirements in Section 6.37.090 of this chapter.

(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).

(m) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 6.37.060.

(Ord. No. 2425, § 2, 4-19-22)

(a) De minimis waivers. The city may waive a commercial business' (including multi-family residential dwellings) obligation to comply with some or all of the organic waste recovery requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in Section 6.37.050(a)(2) below. Commercial businesses requesting a de minimis waiver shall:

(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 6.37.050(a)(2) below.

(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 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 comprises less than ten gallons per week per applicable container of the business' total waste.

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

(4) De minimis waivers are valid for a period not to exceed five years and are subject to reverification by the city or its designee at any time.

(b) Physical space waivers. The city may waive a commercial business' or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the organic waste collection requirements of Section 6.37.040.

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 premise lacks adequate space for blue containers, green containers, and/or brown containers including documentation from its hauler, licensed architect, or licensed engineer.

(3) Physical space waivers are valid for a period not to exceed five years and are subject to reverification by the city or its designee at any time.

(Ord. No. 2425, § 2, 4-19-22)

(a) Tier one commercial edible food generators must comply with the requirements of this Section 9 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 jurisdiction'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 selfhauled.

(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) Provide to city upon request, an annual food recovery report that includes information on the food recovery efforts of the business for the year, including information on amount recovered and outlets for recovered food.

(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, 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 amended Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time.

(Ord. No. 2425, § 2, 4-19-22)

(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 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 in the city pursuant to 14 CCR Section 18991.3(b) shall report to the city 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 April 1 of each year.

(d) Food recovery capacity planning. In order to support edible food recovery capacity planning assessments or other studies conducted by the city, or its designee, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city or its designee, 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 or its designee shall respond to such request for information within sixty days.

(Ord. No. 2425, § 2, 4-19-22)

(a) Requirements for haulers.

(1) Exclusive franchised hauler(s) 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. Provide written notice to the city starting July 1, 2022, and annually thereafter by July 1 identifying the facilities to which they will transport organic waste including facilities for source separated recyclable materials, source separated organic waste, and source separated food scraps.

b. Transport source separated recyclable materials, source separated green container organic waste, and source separated designated food scraps, 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, the city's Green Building Code (Chapter 5, Article 11 of Title 16 of this Code), and the city's C&D recycling requirements.

(2) Exclusive franchised hauler(s) authorized 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 the city.

(b) Requirements for facility operators and community composting operations.

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

(Ord. No. 2425, § 2, 4-19-22)

(a) Self-haulers shall source separate all designated recyclable materials and designated organic waste generated on-site from solid waste in a manner consistent with 14 CCR Section 18984.1.

(b) Self-haulers shall haul their source separated designated recyclable materials to a facility that recovers those materials; and haul their source separated designated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste.

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

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

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

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

(d) Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in Section 6.37.090(c) to city upon request.

(e) A single-family residential organic waste generator that self-hauls organic waste is not required to record or report information in Sections 6.37.090(c) and (d).

(Ord. No. 2425, § 2, 4-19-22)

(a) In addition to any requirements set forth in Chapter 13.60 and Section 16-3.24.030 of this Code, property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new (single-family, multi-family, public, institutional, or commercial) project with a landscape area greater than five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, as amended September 15, 2015, including sections related to use of compost and mulch.

(b) If, after the adoption of the ordinance creating this chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires city to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

(Ord. No. 2425, § 2, 4-19-22)

City departments, direct service providers to the city, and all vendors as applicable, must comply with the city's recovered organic waste product procurement policy and recycled-content paper procurement policy, including Section 2.28.300 of this Code, or any successor thereto.

(Ord. No. 2425, § 2, 4-19-22)

(a) City employees and/or its 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 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 ("regulated entities"), subject to applicable laws. This section does not allow the city to enter the interior of private residential property for inspection.

(b) Regulated entities 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., or any successor statute.

(d) City representatives, and/or 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. No. 2425, § 2, 4-19-22)

(a) Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation, and absent satisfactory compliance within the time period specified in said notice, shall further constitute grounds for city enforcement officials to issue an administrative citation and assess a fine. The city's procedures regarding issuance of administrative citations and assessment of administrative fines as set forth in Chapter 1.05 of this Code are hereby incorporated in their entirety, as such may be modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter, and any rule or regulation adopted hereunder, except as otherwise indicated in this chapter.

(b) Other remedies allowed by law may be used, including civil actions or prosecution as misdemeanors or infractions as provided for in Section 1.04.010 of this Code. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The 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) Responsible entity for enforcement.

(1) Enforcement pursuant to this chapter may be undertaken by city enforcement officials, which may be the city manager, or such city employees as he/she may designate, legal counsel, or combination thereof.

a. City enforcement official(s) will interpret this chapter; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.

b. City enforcement official(s) may issue notices of violation(s).

(d) Process for enforcement.

(1) City enforcement official(s) and/or their designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 6.37.120 establishes the city's right to conduct inspections and investigations.

(2) For incidences of prohibited container contaminants found in containers, the city or its designee will issue an informational 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 ten days after determining that a violation has occurred. If the city or its designee observes prohibited container contaminants in a generator's containers on more than two occasions, the city or its designee may arrange for pick up and disposal of contaminated containers and assess contamination processing fees (such as return trip fees and extra pick-up fees) on the generator. City enforcement officials may address further incidences of prohibited container contaminants by following the procedures set forth in Sections 6.37.130(d)(3) and (4).

(3) To address violations of this chapter the city shall issue a notice of violation requiring compliance within thirty calendar days after issuance of the notice, or such shorter reasonable specific time period as the city enforcement official shall assign within which the generator must correct or otherwise remedy each violation, but in no event less than twenty-four hours from the date and time the notice of violation is issued.

(4) 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 1.05 of this Code, unless the city determines compliance deadline extensions as set forth in in Section 6.37.130(f) are found to be warranted by extenuating circumstances.

(e) Penalty amounts for types of violations. The penalty amounts for violations of this chapter shall be consistent with the city's administrative remedies ordinance (Chapter 1.05 of this Code) and assessed at the rates referenced in Section 1.05.110(a) and stipulated in Section 1.04.010(b) of this Code.

(f) Compliance deadline extension considerations. The city may extend the compliance deadlines set forth in a notice of violation issued 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 in accordance with the appeal provisions of Chapter 1.05 of this Code.

(h) Education period for non-compliance. Beginning January 1, 2022 and through December 31, 2023, the city will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city determines that an 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, selfhauler, 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.

(Ord. No. 2425, § 2, 4-19-22)