Weed Municipal Code Ch. 14.20 Edible Food Recovery

Footnotes:

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Editor's note— At the discretion of the editor, §§ 1—5 of Ord. No. 466-2022, adopted Feb. 10, 2022, has been codified as set out herein as Ch. 14.20, §§ 14.20.010—14.20.050. Said provisions did not expressly amend the Code.

(a) The purpose of this chapter is to comply with certain state laws requiring cities, counties, and special districts providing solid waste collection services to adopt ordinances and take other measures to reduce the amount of organic materials deposited in landfills, more specifically the Short-Lived Climate Pollutants Organic Waste Reduction regulations adopted pursuant to Senate Bill 1383 (Statutes of 2016) set forth in the California Code of Regulations (the "SB 1383 Regulations").

(b) The City of Weed is a member of the Siskiyou County Integrated Solid Waste Management Regional Agency ("SCWMA"). The SCWMA is a joint powers agency comprised of all the Cities in Siskiyou County and the County.

(c) The SB 1383 Regulations require cities, counties, and special districts providing solid waste collection services to adopt and enforce an ordinance or other enforceable mechanism requiring residents and businesses generating solid waste to participate in an organics collection program provided by the jurisdiction and requiring commercial edible food generators to participate in an edible food recovery program.

(d) The City of Weed finds that as a rural community it needs an exemption from the organic collection and organic waste collection program requirements of SB 1383 which would be extremely difficult to implement in this rural community.

(e) The City of Weed is authorizing the SCWMA to apply for a rural exemption, on its behalf, from the organic waste collection program requirements of SB 1383 until at least December 31, 2026.

(f) All jurisdictions, however, must develop an edible food recovery program. In response to this mandate, the SCWMA is adopting an ordinance to establish a uniform and comprehensive countywide system to establish the local regulations required by the SB 1383 Regulations concerning regulation of commercial edible food generators, food recovery services and food recovery organizations, including enforcement mechanisms and administrative civil penalties for violations.

(g) On January 6th, 2022 the Siskiyou County Integrated Solid Waste Management Agency adopted the Edible Food Recovery Ordinance ("EFRO"), Ordinance SWJPA-2022-01, attached to [Ord. No. 466-2022] as Exhibit A. In order for the EFRO to apply in the City of Weed, the City of Weed must adopt an ordinance declaring that it will apply within the City of Weed.

(h) The City of Weed wishes the EFRO to apply in the City of Weed.

(i) The EFRO provides jurisdictions with the option to grant enforcement authority over various of its provisions to agencies specified in the EFRO. The City of Weed is making designations by approving a modification to the JPA agreement giving the County of Siskiyou the authority to act as the Designated Enforcement Agency for the SCWMA member agencies for SB 1383 compliance and enforcement and AB 341 compliance reporting.

(j) The City of Weed understands that even though it is delegating SB 1383 enforcement to the county on behalf of the SCWMA member agencies, the city itself is the responsible entity for compliance and if Cal Recycle enforces for jurisdictional non-compliance, they will enforce on the jurisdiction and not the county or the agency operating on behalf of the jurisdiction. The exception to this is county specific requirements which the county, as its own jurisdiction, shall meet.

(Ord. No. 466-2022, § 1, 2-10-2022)

The City of Weed hereby declares that the Edible Food Recovery Ordinance as set forth in Exhibit A [of Ord. No. 466-2022] to be effective in the City of Weed beginning on January 1, 2022.

(Ord. No. 466-2022, § 2, 2-10-2022)

(a) The Siskiyou County Integrated Solid Waste Management Regional Agency and the county are authorized and designated to carry out the responsibilities specified in the Edible Food Recovery Ordinance effective January 1, 2022.

(b) The authorization and designation above does not limit the city's authority to independently carry out some or all of the responsibilities designated above. The city retains full authority to implement and enforce the Edible Food Recovery Ordinance.

(c) The city council may authorize and designate other entities to carry out responsibilities under this ordinance and no amendment of this ordinance shall be required.

(Ord. No. 466-2022, § 3, 2-10-2022)

The Weed City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the [name of jurisdiction's governing body] declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated.

(Ord. No. 466-2022, § 4, 2-10-2022)

This Ordinance is adopted pursuant to CalRecycle's SB 1383 Regulations. The SB 1383 Regulations were the subject of a program environmental impact report (EIR) prepared by CalRecycle, and the activities to be carried out under this chapter are entirely within the scope of the SB 1383 Regulations and that EIR. No mitigation measures identified in the EIR are applicable to the City of Weed's enactment of this chapter. Moreover, none of the conditions requiring a subsequent or supplemental EIR, as described in Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15163, have occurred. The EIR therefore adequately analyzes any potential environmental effects of the ordinance and no additional environmental review is required.

(Ord. No. 466-2022, § 5, 2-10-2022)