HomeMy WebLinkAboutOrdinance 645 - SB1383ORDINANCE NO. 645
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA, ADDING CHAPTER 8.18 TO
TITLE 8 ("HEALTH AND SAFETY") OF THE MORRO BAY MUNICIPAL CODE,
ENTITLED "SPECIFIC REGULATIONS FOR COLLECTION, AND DISPOSAL
REDUCTION, OF ORGANIC WASTE, RECYCLABLES AND SOLID WASTE,"
TO ENACT REGULATIONS IN COMPLIANCE WITH SENATE BILL (SB) 1383
FOR THE IMPLEMENTATION OF MANDATORY FOOD AND ORGANICS
RECYCLING, AND RELATED SOLID WASTE AND RECYCLING
PROCESSING AND REPORTING
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, a city council may make and enforce within its limits all local, police, sanitary
and other ordinances and regulations not in conflict with general laws, and
WHEREAS, Assembly Bill 939 of 1989, the California Integrated Waste Management Act
of 1989 (California Public Resources Code Section 40000, et seq , as amended, supplemented
superseded and replaced from time to time), requires cities and counties to reduce, reuse, and
recycle (including composting) solid waste generated in their jurisdictions to the maximum extent
feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other
natural resources, and to protect the environment; and
WHEREAS, Assembly Bill 341 of 2011 places requirements on businesses and multi-
family property owners that generate a specified threshold amount of solid waste to arrange for
recycling services and requires the City to implement a mandatory commercial recycling program;
and
WHEREAS, Assembly Bill 1826 of 2014 requires businesses and multi -family property
owners that generate a specified threshold amount of solid waste, recycling, and organic waste
per week to arrange for recycling services for that waste, requires cities to implement a recycling
program to divert organic waste from businesses subject to the law, and requires cities to
implement a mandatory commercial organics recycling program, and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
the California Department of Resources Recycling and Recovery (` CalRecycle') to develop
regulations to reduce organics in landfills as a source of methane. As adopted by CalRecycle,
these SB 1383 regulations ("SB 1383 Regulations") place requirements on multiple entities
including the City of Morro Bay residential households, commercial businesses and business
owners, commercial edible food generators, haulers, self -haulers, food recovery organizations,
and food recovery services to support achievement of statewide organic waste disposal reduction
targets; and
WHEREAS, the SB 1383 Regulations require the City to adopt and enforce an ordinance
or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations,
and to reduce community food insecurity by requiring commercial edible food generators to
arrange to have the maximum amount of their edible food, that would otherwise be disposed, be
recovered for human consumption; and
WHEREAS, this Ordinance implements the requirements of AB 341, AB 1826, and the
SB 1383 Regulations; and
WHEREAS, on November 9, 2021, the City Council of the City of Morro Bay held a duly-
agendized meeting on the Ordinance, reviewed and considered the staff report, other written
reports, public testimony and other information contained in the record.
S OW, THEREFORE, the City Council of the City of Morro Bay does hereby ordain as
follows:
S ECTION 1. The facts set forth in the recitals in this Ordinance are true and correct and
incorporated by reference. The recitals constitute findings in this matter and, together with the
staff report, other written reports, public testimony and other information contained in the record,
are an adequate and appropnate evidentiary basis for the actions taken in the Ordinance.
S ECTION 2. The Ordinance is consistent with the City's General Plan, the Morro Bay
Municipal Code, and applicable Federal and State laws.
S ECTION 3. The Ordinance will not be detrimental to the public interest, health, safety,
convenience or welfare.
S ECTION 4. The Ordinance is hereby adopted by the addition of a new Chapter 8 18,
"SPECIFIC REGULATIONS FOR COLLECTION, AND DISPOSAL REDUCTION, OF ORGANIC
WASTE, RECYCLABLES AND SOLID WASTE " in Title 8 of the Morro Bay Municipal Code to
read in its entirety as shown in Exhibit "A" attached hereto and incorporated herein by this
reference.
S ECTION 5. If the provisions in this Ordinance conflict in whole or in part with any other
City regulation or ordinance adopted prior to the effective date of this section, the provisions in
this Ordinance will control.
S ECTION 6. If any subsection, subdivision, paragraph sentence, clause or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a of any court of any
competent jurisdiction, such decision shall not affect the validity of the remaining portion of this
Ordinance. The City Council hereby declare that it would have passed this Ordinance and each
and every section, subsection, sentence, clause, and phrase thereof not declared invalid or
unconstitutional without regard to whether any portion of the Ordinance would be subsequently
declared invalid or unconstitutional.
S ECTION 7. This Ordinance shall take effect in accordance with the "Effective Date"
stated in Section 8.18 180 of Exhibit "A", and the City Clerk shall cause it to be posted and
published in a newspaper of general circulation, printed, published and circulated in the City in
the manner required by law and shall cause a copy of this Ordinance and its certification, together
with proof of publication, to be entered in the Book of Ordinances of the City.
//
SECTION 8. The City Clerk shall certify to the adoption of this Ordinance and cause it to
be published, in accordance with Government Code Section 36933.
INTRODUCED at a regular meeting of the City Council of Morro Bay, held on the 9th day
of November, 2021, by motion of Council Member Heller and seconded by Mayor Headding.
PASSED and ADOPTED this 14th day of December, 2021.
AYES Headding, Addis, Barton, Ford, Heller
NOES' None
ABSENT: None
JOH H= LDDIMayor
ATTEST:
SWANSON, City �
ANA SWANSON, City Clerk
APPROVED AS TO FORM:
ants geknektib N6
CHRISTOPHER F. NEUR, C,Attorney
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO )
CITY OF MORRO BAY )
I, Dana Swanson, City Clerk of the City of Morro Bay, California, do hereby certify that the
foregoing Ordinance No. 645 was duly passed and adopted by the City Council of the City of
Morro Bay at the regular meeting thereof, held on the 14th day of December 2021, by the following
vote:
AYES. Headding, Addis, Barton, Ford, Heller
NOES None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the
City of Morro Bay, California, this day of ktnv,1-4.2,---, 2021
ANA SWANSON, Ci
ty City Clerk
EXHIBIT"A"
CHAPTER 8.18 — SPECIFIC REGULATIONS FOR COLLECTION, AND DISPOSAL
REDUCTION, OF ORGANIC WASTE, RECYCLABLES AND SOLID WASTE
8.18.010 - Purpose and Findings 1
8.18.020 - Title of Ordinance 2
8.18.030 - Definitions 2
8.18.040 - Requirements for Single -Family Premises 13
8.18.050 - Requirements for Multi -Family Residential Dwellings 14
8.18.060 - Requirements for Commercial Businesses 16
8.18.070 - Waivers for Multi -Family Premises and Commercial Premises 18
8.18.080 - Requirements for Commercial Edible Food Generators 20
8.18.090 - Requirements for Food Recovery Organizations and Services 22
8.18.100 - Requirements for Haulers and Facility Operators 23
8.18.110 - Self -Hauler Requirements 25
8.18.120 - Compliance with CalGreen Recycling Requirements 26
8.18.130 - Model Water Efficient Landscaping Ordinance Requirements (MWELO) 27
8.18.140 - Procurement Requirements for City Departments, Direct Service Providers,
and Vendors 28
8.18.150 - Inspections and Investigations 29
8.18.160 - Enforcement 30
8.18.170 - Coordination and Interpretation in Conjunction With Related Solid Waste
Ordinances 36
8.18.180 - Effective Date 33
01181.0014/744916.3 LNL Morro Bay Model Ordinance — Solid Waste Chapter
EXHIBIT "A"
1 8 18.010 Purpose and Findings
2 The City finds and declares:
3 (a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste
4 Management Act of 1989 (California Public Resources Code Section 40000, et
5 seq., as amended, supplemented, superseded, and replaced from time to time),
6 requires cities and counties to reduce, reuse, and recycle (including composting)
7 Solid Waste generated in their City to the maximum extent feasible before any
8 incineration or landfill disposal of waste, to conserve water, energy, and other
9 natural resources, and to protect the environment.
10 (b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the
11 State of California on October 5, 2011, which amended Sections 41730, 41731,
12 41734 41735, 41736, 41800, 42926 44004, and 50001 of, and added Sections
13 40004 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section
14 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of,
15 the Public Resources Code, as amended supplemented, superseded and
16 replaced from time to time), places requirements on Commercial Businesses and
17 Multi -Family Premises that generate a specified threshold amount of Solid Waste
18 to arrange for recycling services and requires jurisdictions to implement a
19 mandatory Commercial recycling program.
20 (c) State Organics Materials recycling law, Assembly Bill 1826 of 2014 (approved by
21 the Governor of the State of California on September 28, 2014, which added
22 Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the
23 Public Resources Code, relating to Solid Waste, as amended, supplemented,
24 superseded, and replaced from time to time), requires Commercial Businesses
25 and Multi -Family Premises that generate a specified threshold amount of Solid
26 Waste, Recyclable Materials, and Organic Materials per week to arrange for
27 recycling services for that waste requires jurisdictions to implement a recycling
28 program to divert Organic Materials from Commercial Businesses and Multi -Family
29 Premises subject to the law, and requires jurisdictions to implement a mandatory
30 Commercial Organic Materials recycling program.
31 (d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
32 CalRecycle to develop regulations to reduce Organic Waste in landfills as a source
33 of methane. The regulations place requirements on multiple entities including
34 jurisdictions, Residential households, Multi -Family Premises, Commercial
35 Businesses, Commercial Edible Food Generators, haulers, Self -Haulers, Food
36 Recovery Organizations, and Food Recovery Services to support achievement of
37 the SB 1383 statewide Organic Waste disposal reduction targets.
38 (e) SB 1383 the Short-lived Climate Pollutant Reduction Act of 2016, requires
39 jurisdictions to adopt and enforce an ordinance or enforceable mechanism to
40 implement relevant provisions of SB 1383 Regulations. This Chapter will also help
41 reduce food insecurity by requiring Commercial Edible Food Generators to arrange
EXHIBIT "A"
42 to have the maximum amount of their Edible Food, that would otherwise be
43 disposed, be recovered for human consumption.
44 (f) Requirements in this Chapter are consistent with other adopted goals and policies
45 of the City including without limitation* the Morro Bay General Plan, Morro Bay
46 Climate Action Plan, Morro Bay Municipal Code Title 8 ("Health and Safety), Morro
47 Bay Municipal Code Title 14 ("Building and Construction") and any franchise
48 agreements for relating to City services for Solid Waste and recycling programs.
49 8.18.020 - Title of Ordinance
50 This Chapter shall be entitled "Specific Regulations For Collection, and Disposal
51 Reduction, of Organic Waste, Recyclables and Solid Waste.'
52 8.18.030 - Definitions
53 "Alternative Daily Cover (ADC)" has the same meaning as in Section 20690 of Title 27 of
54 the California Code of Regulations.
55 "Alternative Intermediate Cover (AIC)" has the same meaning as in Section 20700 of Title
56 27 of the California Code of Regulations.
57 "CalRecycle" means California's Department of Resources Recycling and Recovery,
58 which is the Department designated with responsibility for developing, implementing, and
59 enforcing SB 1383 Regulations.
60 "California Code of Regulations' or "CCR" means the State of California Code of
61 Regulations. CCR references in this Chapter are preceded with a number that refers to
62 the relevant Title of the CCR (e.g., '14 CCR" refers to Title 14 of CCR).
63 "City" means the City of Morro Bay, a General Law Municipal Corporation, and all the
64 territory lying within the municipal boundaries of the City as presently existing or as such
65 boundanes may be modified during the term, acting through the City Council or the City
66 Manager. The City may designate responsibilities to City staff or a third -party designee
67 through written letter between the City Manager and designee.
68 "City Enforcement Official" means any City employee or agent of the City with the
69 authority to enforce any provision of this Chapter.
70 "Code," when not embedded within citation to another law or regulation, means this Morro
71 Bay Municipal Code.
72 "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-
73 stock company, corporation, or association, whether for -profit or nonprofit, strip mall,
74 industrial facility, or a Multi -Family Residential Dwelling, or as otherwise defined in 14
75 CCR Section 18982(a)(6). A Multi -Family Residential Dwelling that consists of fewer than
76 five (5) units is not a Commercial Business for purposes of implementing this Chapter.
EXHIBIT "A"
77 "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial
78 Edible Food Generator as defined in this Section 8.18.030 or as otherwise defined in 14
79 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery
80 Organizations and Food Recovery Services are not Commercial Edible Food Generators
81 pursuant to 14 CCR Section 18982(a)(7).
82 "Community Composting" means any activity that Composts green material, agricultural
83 material, food material, and vegetative food material, alone or in combination, and the
84 total amount of feedstock and Compost on -site at any one time does not exceed 100
85 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as
86 otherwise defined by 14 CCR Section 18982(a)(8).
87 "Compliance Review" means a review of records by the City to determine compliance
88 with this Chapter.
89 "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4) which stated, as
90 of the effective date of this Chapter, that `Compost" means the product resulting from the
91 controlled biological decomposition of organic Solid Wastes that are Source Separated
92 from the municipal Solid Waste stream, or that are separated at a centralized facility
93 yielding a safe and nuisance free Compost product.
94 "Contamination," any variant thereof, or "Contaminated Container" means a container,
95 regardless of color, that contains Prohibited Container Contaminants, or as otherwise
96 defined in 14 CCR Section 18982(a)(55).
97 "Contractor" means an entity under exclusive or non-exclusive franchise agreement with
98 the City for the collection, handling, transport and processing of Recyclable Materials,
99 Organic Materials, and Solid Waste organized and operating under the laws of the State
100 and its officers, directors, employees, agents, companies, related -parties affiliates,
101 subsidiaries, and subcontractors. Contractor may also serve as a Designee for purposes
102 of this Chapter.
103 "County Enforcement Official" means a county agency enforcement official.
104 "Customer" means the Person to whom Contractor or other Designee submits its billing
105 invoice to, and collects payment from, for collection services provided to a Premises. The
106 Customer may be either the Occupant or Owner of the Premises.
107 "C&D" means construction and demolition debris composed of building materials,
108 packaging and rubble resulting from the construction, remodeling, repair or demolition of
109 pavements, houses, Commercial, industrial or agricultural buildings, and other structures.
110 "Designated Waste" means non -Hazardous Waste which may pose special Disposal
111 problems because of its potential to Contaminate the environment, and which may be
112 Disposed of only in Class II Disposal sites or Class III Disposal sites pursuant to a
113 variance issued by the California Department of Health Services. Designated Waste
114 consists of those substances classified as Designated Waste by the State in California
115 Code of Regulations Title 23, Section 2522 as may be amended from time to time.
EXHIBIT "A"
116 "Designee" means an entity that a City contracts with or otherwise arranges to carry out
117 any of the City's responsibilities of this Chapter as authorized in 14 CCR Section 18981.2.
118 A Designee may be a government entity, a hauler (including Contractor) or other a private
119 entity, or a combination of those entities.
120 "Discarded Materials" means all Recyclable Materials, Organic Materials, and Solid
121 Waste placed by a Generator in a collection container and/or at a location for the purposes
122 of collection, excluding Excluded Waste.
123 "Edible Food" means food intended for human consumption, or as otherwise defined in
124 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined
125 in 14 CCR Section 18982(a)(18), `Edible Food" is not Solid Waste if it is recovered and
126 not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or
127 authorizes the Recovery of Edible Food that does not meet the food safety requirements
128 of the California Health and Safety Code, including the California Retail Food Code.
129 "Enforcement Action" means an action of the City to address non-compliance with this
130 Chapter including, but not limited to, issuing administrative citations, fines, penalties, or
131 using other remedies.
132 "Excluded Waste" means Hazardous Substance, Hazardous Waste, Infectious Waste,
133 Designated Waste, volatile, corrosive, medical waste, infectious, regulated radioactive
134 waste, and toxic substances or material that facility operator(s), which receive materials
135 from the City and its Generators, reasonably believe(s) would, as a result of or upon
136 acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal
137 law, regulation, or ordinance, including without limitation: land use restrictions or
138 conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility
139 by permit conditions, waste that in City, or its Designee's reasonable opinion would
140 present a significant risk to human health or the environment, cause a nuisance or
141 otherwise create or expose City, or its Designee, to potential liability; but not including de
142 minimis volumes or concentrations of waste of a type and amount normally found in
143 Single -Family or Multi -Family Solid Waste after implementation of programs for the safe
144 collection, processing, recycling, treatment, and disposal of batteries and paint in
145 compliance with Sections 41500 and 41802 of the California Public Resources Code.
146 "Food Distributor" means a company that distributes food to entities including, but not
147 limited to Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section
148 18982(a)(22).
149 'Food Facility" has the same meaning as in Section 113789 of the Health and Safety
150 Code.
151 "Food Recovery" means actions to collect and distribute food for human consumption that
152 otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
153 "Food Recovery Organization" means an entity that engages in the collection or receipt
154 of Edible Food from Commercial Edible Food Generators and distributes that Edible Food
EXHIBIT "A"
155 to the public for Food Recovery either directly or through other entities or as otherwise
156 defined in 14 CCR Section 18982(a)(25), including, but not limited to:
157 (1) A food bank as defined in Section 113783 of the Health and Safety Code;
158 (2) A nonprofit charitable organization as defined in Section 113841 of the
159 Health and Safety Code; and,
160 (3) A nonprofit charitable temporary Food Facility as defined in Section 113842
161 of the Health and Safety Code.
162 A Food Recovery Organization is not a Commercial Edible Food Generator for the
163 purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12
164 pursuant to 14 CCR Section 18982(a)(7).
165 If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization
166 differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall
167 apply to this Chapter.
168 "Food Recovery Service" means a person or entity that collects and transports Edible
169 Food from a Commercial Edible Food Generator to a Food Recovery Organization or
170 other entities for Food Recovery, or as otherwise defined in 14 CCR Section
171 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for
172 the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12
173 pursuant to 14 CCR Section 18982(a)(7).
174 "Food Scraps" means those Discarded Materials that will decompose and/or putrefy
175 including: (i) all kitchen and table Food Waste (ii) animal or vegetable waste that is
176 generated during or results from the storage, preparation, cooking or handling of food
177 stuffs; (iii) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (iv) vegetable
178 trimmings, houseplant trimmings and other Compostable Organic Waste common to the
179 occupancy of Residential dwellings. Food Scraps are a subset of Food Waste. Food
180 Scraps excludes fats, oils, and grease when such materials are Source Separated from
181 other Food Scraps.
182 "Food Service Provider" means an entity primarily engaged in providing food services to
183 institutional, governmental, Commercial or industrial locations of others based on
184 contractual arrangements with these types of organizations, or as otherwise defined in 14
185 CCR Section 18982(a)(27).
186 "Food -Soiled Paper' is compostable paper material that has come in contact with Food
187 Scraps or liquid, such as, but not limited to, compostable paper plates, paper coffee cups,
188 napkins, milk cartons and pizza boxes.
189 "Food Waste" means Source Separated Food Scraps and Food -Soiled Paper.
190 "Food Waste Self -Hauler" means a Self -Hauler who generates and hauls, utilizing their
191 own employees and equipment, an average of one cubic yard or more per week, or 6,500
EXHIBIT "A"
192 pounds or more per quarter of their own Food Waste to a location or facility that is not
193 owned and operated by that Self -Hauler. Food Waste Self -Haulers are a subset of Self-
194 Haulers.
195 "Generator" means a person or entity that is responsible for the initial creation of one or
196 more types of Discarded Materials.
197 "Grocery Store" means a store primarily engaged in the retail sale of canned food; dry
198 goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not
199 separately owned within the store where the food is prepared and served, including
200 without limitation a bakery, deli, and meat and seafood departments, or as otherwise
201 defined in 14 CCR Section 18982(a)(30).
202 "Hauler Route" means the designated itinerary or sequence of stops for each segment of
203 the City's collection service area, or as otherwise defined in 14 CCR Section
204 18982(a)(31.5).
205 "Hazardous Substance" means any of the following. (a) any substances defined,
206 regulated or listed (directly or by reference) as "Hazardous Substances", "hazardous
207 materials", 'Hazardous Wastes" "toxic waste", "pollutant", or 'toxic substances' , or
208 similarly identified as hazardous to human health or the environment, in or pursuant to:
209 (i) the Comprehensive Environmental Response, Compensation and Liability Act
210 (CERCLA) of 1980, 42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials
211 Transportation Act, 49 USC §1802, et seq.; (iii) the Resource Conservation and Recovery
212 Act, 42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California
213 Health and Safety Code §§25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air
214 Act, 42 USC §7901 et seq ; and, (vii) California Water Code §13050; (b) any amendments,
215 rules or regulations promulgated thereunder to such enumerated statutes or acts currently
216 existing or hereafter enacted and, (c) any other hazardous or toxic substance, material,
217 chemical, waste or pollutant identified as hazardous or toxic or regulated under any other
218 Applicable Law currently existing or hereinafter enacted, including, without limitation,
219 friable asbestos, polychlorinated biphenyl's (PCBs), petroleum, natural gas, and synthetic
220 fuel products, and by-products.
221 "Hazardous Waste" means all substances defined as Hazardous Waste, acutely
222 Hazardous Waste, or extremely Hazardous Waste by the State in Health and Safety Code
223 §25110.02 §25115, and §25117, State Public Resources Code Section 40141, or in the
224 future amendments to or recodifications of such statutes or identified and listed as solar
225 panels from Residential Premises, and Hazardous Waste by the U.S. Environmental
226 Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery
227 Act (42 USC §6901 et seq ), all future amendments thereto, and all rules and regulations
228 promulgated thereunder.
229 "High Diversion Organic Waste Processing Facility" means a facility that is in compliance
230 with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
231 annual average Mixed Waste organic content Recovery rate of 50 percent between
232 January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as
EXHIBIT "A"
233 calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the
234 "Mixed waste organic collection stream' as defined in 14 CCR Section 17402(a)(11.5);
235 or, as otherwise defined in 14 CCR Section 18982(a)(33).
236 "Infectious Waste" means (a) equipment, instruments, utensils and other fomites of a
237 disposable nature from the rooms of patients who are suspected to have or have been
238 diagnosed as having a communicable disease and must, therefore, be isolated as
239 required by public health agencies; (b) laboratory wastes, including pathological
240 specimens (i.e., all tissues, specimens of blood elements, excreta and secretions
241 obtained from patients or laboratory animals) and disposable fomites (any substance that
242 may harbor or transmit pathogenic organisms) attendant thereto; and/or (c) surgical
243 operating room pathologic specimens - including recognizable anatomical parts, human
244 tissue, anatomical human remains and disposable materials from hospitals, clinics,
245 outpatient areas and emergency rooms, as defined in 14 CCR Section 17225.36. .
246 "Inspection" means a site visit where a City reviews records containers, and an entity's
247 collection, handling, recycling, or landfill disposal of Recyclable Materials, Organic Waste,
248 Solid Waste or Edible Food handling to determine if the entity is complying with
249 requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section
250 18982(a)(35).
251 "Large Event' means an event, including, but not limited to, a sporting event or a flea
252 market, that charges an admission price, or is operated by a local agency, and serves an
253 average of more than 2,000 individuals per day of operation of the event, at a location
254 that includes, but is not limited to, a public nonprofit, or privately owned park, parking lot,
255 golf course, street system, or other open space when being used for an event If the
256 definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14
257 CCR Section 18982(a)(38) shall apply to this Chapter.
258 "Large Venue" means a permanent venue facility that annually seats or serves an
259 average of more than 2,000 individuals within the grounds of the facility per day of
260 operation of the venue facility. For purposes of this Chapter and implementation of 14
261 CCR Division 7, Chapter 12, a venue facility includes, but is not limited to, a public,
262 nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement
263 park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing
264 arts center, fairground, museum, theater, or other public attraction facility. For purposes
265 of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under
266 common ownership or control that includes more than one Large Venue that is contiguous
267 with other Large Venues in the site, is a single Large Venue If the definition in 14 CCR
268 Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section
269 18982(a)(39) shall apply to this Chapter.
270 "Local Education Agency" means a school district, charter school, or county office of
271 education that is not subject to the control of City or county regulations related to Solid
272 Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
EXHIBIT "A"
273 "Multi -Family Residential Dwelling" or "Multi -Family" or "MFD" means of from, or
274 pertaining to Residential Premises with five (5) or more dwelling units including such
275 Premises when combined in the same building with Commercial establishments, that
276 receive centralized, shared, Collection service for all units on the Premises which are
277 billed to one (1) Customer at one (1) address. Customers residing in Townhouses, mobile
278 homes, condominiums, or other structures with five (5) or more dwelling units who receive
279 individual service and are billed separately shall not be considered Multi -Family. Multi-
280 Family Premises do not include hotels, motels, or other transient occupancy facilities,
281 which are considered Commercial Businesses.
282 "MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR,
283 Division 2, Chapter 2.7.
284 "Notice of Violation" or "NOV" means a notice that a violation has occurred that includes
285 a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR
286 Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
287 "Occupant" means the Person who occupies a Premises.
288 "Organic Materials' means Yard Trimmings and Food Waste, individually or collectively
289 that are set aside, handled, packaged, or offered for collection in a manner different from
290 Solid Waste for the purpose of processing. No Discarded Matenal shall be considered to
291 be Organic Materials, however unless it is Source Separated from Recyclable Material
292 and Solid Waste. Organic Materials are a subset of Organic Waste.
293 "Organic Materials Container" shall be used for the purpose of storage and collection of
294 Source Separated Organic Materials.
295 "Organic Waste" means wastes containing material originated from living organisms and
296 their metabolic waste products, including but not limited to food, green material,
297 landscape and pruning waste, organic textiles and carpets, lumber wood, Paper
298 Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as
299 otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as
300 defined by 14 CCR Section 18982(a).
301 "Owner" means the Person(s) holding legal title to real property and/or any improvements
302 thereon and shall include the Person(s) listed on the latest equalized assessment roll of
303 the County Assessor.
304 "Paper Products" include, but are not limited to, paper janitorial supplies, cartons,
305 wrapping, packaging, file folders hanging files, corrugated boxes, tissue, and toweling,
306 or as otherwise defined in 14 CCR Section 18982(a)(51).
307 "Printing and Writing Papers" include, but are not limited to copy, xerographic
308 watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes,
309 manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated
310 writing papers, posters, index cards, calendars, brochures, reports, magazines, and
311 publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
EXHIBIT "A"
312 "Premises" means and includes any land, building and/or structure, or portion thereof, in
313 the City where Discarded Materials are produced, generated, or accumulated. All
314 structures on the same legal parcel, which are owned by the same person shall be
315 considered as one Premises.
316 "Prohibited Container Contaminants' means the following: (i) Discarded Materials placed
317 in the Recyclable Materials Container that are not identified as acceptable Source
318 Separated Recyclable Materials for the City's Recyclable Materials Container; (ii)
319 Discarded Materials placed in the Organic Materials Container that are not identified as
320 acceptable Source Separated Organic Materials for the City's Organic Materials
321 Container; (iii) Discarded Materials placed in the Solid Waste Container that are
322 acceptable Source Separated Recyclable Materials and/or Source Separated Organic
323 Materials to be placed in City's Organic Materials Container and/or Recyclable Materials
324 Container and, (iv) Excluded Waste placed in any container.
325 "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as
326 otherwise defined in 14 CCR Section 18982(a)(49).
327 "Recyclable Materials" means those Discarded Materials that the Generators set out in
328 Recyclables Containers for Collection for the purpose of Recycling by the Service
329 Provider and that exclude Excluded Waste. No Discarded Materials shall be considered
330 Recyclable Materials unless such material is separated from Organic Materials, and Solid
331 Waste. Recyclable Materials shall include, but not be limited to newspaper, aluminum, tin
332 and bi-metal cans, clear and colored glass containers, all plastic containers (except
333 polystyrene), corrugated cardboard, mixed paper (Including white and colored ledger
334 paper, chipboard, junk mail, magazines and phone books) and used motor oil and filter.
335 Acceptable Recyclable Materials may be added to or removed from this list from time to
336 time by mutual consent or at the sole discretion of the City. Contractor shall not add or
337 remove materials to or from this list without written approval from the City Manager or
338 signed amendment to any City agreement with a Contractor or Designee, and such
339 approval shall not be unreasonably withheld. For the purpose of collection of Recyclable
340 Materials through contractor's collection services, recyclable materials shall be limited to
341 those materials identified by the collection contractor as acceptable recyclable materials.
342 "Recyclable Materials Container" shall be used for the purpose of storage and collection
343 of Source Separated Recyclable Materials.
344 "Recycled -Content Paper" means Paper Products and Printing and Writing Paper that
345 consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise
346 defined in 14 CCR Section 18982(a)(61).
347 `Residential" shall mean of, from, or pertaining to a Single -Family Premises or Multi-
348 Family Premises, including Single -Family homes apartments, condominiums,
349 Townhouse complexes mobile home parks, and cooperative apartments. For purposes
350 of this Chapter, a Multi -Family Residential Dwelling (five units or less) qualifies as
351 Commercial despite its Residential uses.
EXHIBIT "A"
352 "Responsible Party" means the Owner, property manager, tenant, lessee, Occupant, or
353 other designee that subscribes to and pays for Recyclable Materials, Organic Materials,
354 and/or Solid Waste collection services for Premises in the City, or, if there is no such
355 subscriber, the Owner or property manager of a Single -Family Premises, Multi -Family
356 Premises, or Commercial Premises. In instances of dispute or uncertainty regarding who
357 is the Responsible Party for a Premises, Responsible Party shall mean the Owner of a
358 Single -Family Premises, Multi -Family Premises, or Commercial Premises.
359 "Restaurant" means an establishment primarily engaged in the retail sale of food and
360 drinks for on -Premises or immediate consumption, or as otherwise defined in 14 CCR
361 Section 18982(a)(64).
362 "Route Review" means a visual Inspection of containers along a Hauler Route for the
363 purpose of determining Container Contamination and may include mechanical Inspection
364 methods such as the use of cameras, or as otherwise defined in 14 CCR Section
365 18982(a)(65).
366 "SB 1383' means Senate Bill 1383 of 2016 approved by the Governor on September 19,
367 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and
368 Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of
369 Division 30 of the Public Resources Code, establishing methane emissions reduction
370 targets in a Statewide effort to reduce emissions of short-lived climate pollutants as
371 amended, supplemented, superseded, and replaced from time to time.
372 "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of
373 this Chapter, the Short -Lived Climate Pollutants: Organic Waste Reduction regulations
374 developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter
375 12 and amended portions of regulations of 14 CCR and 27 CCR.
376 "Self -Haul" means to act as a Self -Hauler.
377 `Self -Hauler" means a Person, who hauls Solid Waste Organic Waste or Recyclable
378 Material he or she has generated to another Person. Self -Hauler also includes a person
379 who back -hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66) Back-
380 haul means generating and transporting Organic Waste to a destination owned and
381 operated by the Generator using the Generator's own employees and equipment, or as
382 otherwise defined in 14 CCR Section 18982(a)(66)(A). A Self -Hauler must be a Person
383 within the City who is not primarily engaged in the business of collection, removal or
384 transportation of Solid Waste, Organic Waste, or Recyclables, but in the course of
385 performing the Person's primary business function incidentally transports Solid Waste,
386 Organic Waste, or Recyclables with equipment owned or leased by that Person.
387 Examples of Self -Haulers include, but are not limited to, gardeners, landscapers, and
388 household cleanup service firms. A Person who is engaged in the business of collection,
389 removal or transportation of C&D material (other than as work performed ancillary to the
390 person's business and using that person's own forces and equipment) is not a Self -Hauler
391 under any circumstance.
EXHIBIT "A"
392 "Service Level" refers to the size of a Customer's Container and the frequency of
393 Collection service.
394 "Single -Family" or ' SFD' refers to any detached or attached house or residence of four
395 (4) units or less designed or used for occupancy by one (1) family, provided that Collection
396 service feasibly can be provided to such Premises as an independent unit, and the Owner
397 or Occupant of such independent unit is billed directly for the Collection service Single-
398 Family includes townhouses, condominiums, and each independent unit of duplex, tri-
399 plex, or four-plex Residential structures, regardless of whether each unit is separately
400 billed for their specific Service Level.
401 "Solid Waste" has the same meaning as defined in State Public Resources Code Section
402 40191, which defines Solid Waste as all putrescible and non-putrescible solid, semisolid,
403 and liquid wastes, including garbage, trash, refuse, paper rubbish, ashes, industrial
404 wastes, demolition and construction wastes, abandoned vehicles and parts thereof,
405 discarded home and industrial appliances, dewatered, treated, or chemically fixed
406 sewage sludge which is not Hazardous Waste, manure, vegetable or animal solid and
407 semi -solid wastes, and other discarded solid and semisolid wastes, with the exception
408 that Solid Waste does not include any of the following wastes:
409 (1) Hazardous Waste.
410 (2) Radioactive waste regulated pursuant to the State Radiation Control Law
411 (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of
412 the State Health and Safety Code).
413 (3) Medical waste regulated pursuant to the State Medical Waste Management
414 Act (Part 14 (commencing with Section 117600) of Division 104 of the State
415 Health and Safety Code). Untreated medical waste shall not be disposed of
416 in a Solid Waste landfill, as defined in State Public Resources Code Section
417 40195.1. Medical waste that has been treated and deemed to be Solid
418 Waste shall be regulated pursuant to Division 30 of the State Public
419 Resources Code.
420 (4) Recyclable Materials, Organic Materials, and Construction and Demolition
421 Debris when such materials are Source Separated.
422 Notwithstanding any provision to the contrary, Solid Waste may include de minimis
423 volumes or concentrations of waste of a type and amount normally found in
424 Residential Solid Waste after implementation of programs for the safe Collection,
425 Recycling, treatment, and Disposal of household hazardous waste (as defined in
426 Health and Safety Code Section 25218.1) in compliance with Section 41500 and
427 41802 of the California Public Resources Code as may be amended from time to
428 time. Solid Waste includes salvageable materials only when such materials are
429 included for Collection in a Solid Waste Container not Source Separated from Solid
430 Waste at the site of generation.
EXHIBIT "A"
431 "Solid Waste Container" shall be used for the purpose of storage and collection of Solid
432 Waste.
433 "Source Separated" or "Source -Separated (materials)" means materials, including
434 commingled Recyclable Materials and Organic Materials, that have been separated or
435 kept separate from the Solid Waste stream, at the point of generation, for the purpose of
436 additional sorting or processing those materials for recycling or reuse in order to return
437 them to the economic mainstream in the form of raw material for new, reused, or
438 reconstituted products, which meet the quality standards necessary to be used in the
439 marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes
440 of the ordinance, Source Separated shall include separation of materials by the
441 Generator, Responsible Party, or Responsible Party's employee into different containers
442 for the purpose of collection such that Source -Separated materials are separated from
443 Solid Waste for the purposes of collection and processing.
444 "Source Separated Organic Materials' means Organic Materials that are Source
445 Separated and placed in an Organic Materials Container.
446 "Source Separated Recyclable Materials" means Recyclable Materials that are Source
447 Separated and placed in a Recyclable Materials Container.
448 "State" means the State of California.
449 "Supermarket" means a full -line, self-service retail store with gross annual sales of two
450 million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods,
451 or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section
452 18982(a)(71).
453 "Tier One Commercial Edible Food Generator" means a Commercial Edible Food
454 Generator that is one of the following:
455 (1) Supermarket.
456 (2) Grocery Store with a total facility size equal to or greater than 10,000 square
457 feet.
458 (3) Food Service Provider.
459 (4) Food Distnbutor.
460 (5) Wholesale Food Vendor.
461 If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible
462 Food Generator differs from this definition, the definition in 14 CCR Section
463 18982(a)(73) shall apply to this Chapter.
464 'Tier Two Commercial Edible Food Generator" means a Commercial Edible Food
465 Generator that is one of the following:
EXHIBIT"A"
466 (1) Restaurant with 250 or more seats, or a total facility size equal to or greater
467 than 5,000 square feet.
468 (2) Hotel with an on -site Food Facility and 200 or more rooms.
469 (3) Health facility with an on -site Food Facility and 100 or more beds.
470 (4) Large Venue.
471 (5) Large Event.
472 (6) A State agency with a cafeteria with 250 or more seats or total cafeteria
473 facility size equal to or greater than 5,000 square feet.
474 (7) A Local Education Agency facility with an on -site Food Facility.
475 If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible
476 Food Generator differs from this definition, the definition in 14 CCR Section
477 18982(a)(74) shall apply to this Chapter.
478 "Ton' or 'Tonnage" means a unit of measure for weight equivalent to two thousand (2,000)
479 standard pounds where each pound contains sixteen (16) ounces.
480 "Wholesale Food Vendor' means a business or establishment engaged in the merchant
481 wholesale distribution of food, where food (including fruits and vegetables) is received,
482 shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other
483 destination, or as otherwise defined in 14 CCR Section 18982(a)(76).
484 8.18.040 - Requirements for Single -Family Premises
485 (a) Except Responsible Parties of Single -Family Premises that meet the Self -Hauler
486 requirements in Section 8.18.110, Responsible Parties of Single -Family Premises
487 shall comply with the following requirements:
488 (1) Subscribe to and pay for City's three -container collection services for
489 weekly collection of Recyclable Materials, Organic Materials, and Solid
490 Waste generated by the Single -Family Premises and comply with
491 requirements of those services as described below in Section
492 8 18.040(a)(2). City and its Designee(s) shall have the right to review the
493 number and size of a Generator's containers to evaluate adequacy of
494 capacity provided for each type of collection service for proper separation
495 of materials and containment of materials. The Responsible Parties for
496 Single -Family Premises shall adjust their Service Level for their collection
497 services as requested by the City.
498 (2) Participate in the City's three -container collection service(s) in the manner
499 described below.
EXHIBIT "A"
500 (A) Place, or, if Responsible Party is not an Occupant of the Single-
501 Family Premises direct its Generators to place, Source Separated
502 Organic Materials, including Food Waste, in the Organic Materials
503 Container, Source Separated Recyclable Materials in the Recyclable
504 Materials Container; and Solid Waste in the Solid Waste Container.
505
506
507
508
509
510 (b)
511
512
513
(B) Not place, or, if Responsible Party is not an Occupant of the Single -
Family Premises, direct its Generators to not place Prohibited
Container Contaminants in collection containers and not place
materials designated for the Organic Materials Containers or
Recyclable Materials Containers in the Solid Waste Containers.
Nothing in this Section prohibits a Responsible Party or Generator of a Single -
Family Premises from preventing or reducing Discarded Materials generation,
managing Organic Waste on site, and/or using a Community Composting site
pursuant to 14 CCR Section 18984.9(c).
514 8.18.050 - Requirements for Multi -Family Residential Dwellings
515
516
517
518
519
(a)
520 (b)
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
Responsible Parties of Multi -Family Premises shall provide or arrange for
Recyclable Materials, Organic Materials, and Solid Waste collection services
consistent with this Chapter and for employees, contractors, and tenants.
Responsible Parties of Multi -Family Premises may receive waivers pursuant to
Section 8.18.070 for some requirements of this Section.
Except for Responsible Parties of Multi -Family Premises that meet the Self -Hauler
requirements in Section 8.18.110 of this Chapter, including hauling services
arranged through a landscaper, Responsible Parties of Multi -Family Premises
shall
(1) Subscribe to and pay for City's three or more -container collection services
and comply with requirements of those services for all Recyclable Materials,
Organic Materials, and Solid Waste generated at the Multi -Family Premises
as further described below in this Section. City and its Designee(s) shall
have the right to review the number and size of the Multi -Family Premises'
collection 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. The Responsible Party of a Multi -
Family Premises shall adjust their Service Level for their collection services
as requested by the City or its Designee.
(2) Participate in the City's three or more -container collection service(s) for at
least weekly collection of Recyclable Materials, Organic Materials, and
Solid Waste in the manner described below.
537 (A) Place and/or direct its Generators to place Source Separated
538 Organic Materials, including Food Waste in the Organic Materials
EXHIBIT "A"
539 Container; Source Separated Recyclable Materials in the Recyclable
540 Materials Container; and Solid Waste in the Solid Waste Container.
541 (B) Not place and/or direct its Generators to not place Prohibited
542 Container Contaminants in collection containers and to not place
543 materials designated for the Organic Materials Containers or
544 Recyclable Materials Containers in the Solid Waste Containers.
545
546
547
548
549
550
551
(3)
S upply and allow access to adequate number, size and location of collection
containers with sufficient labels or colors for employees contractors,
tenants, and customers, consistent with City's Recyclable Materials
Container, Organic Materials Container, and Solid Waste Container
collection service or, if Self -Hauling, consistent with the Multi -Family
P remises' approach to complying with Self -Hauler requirements in Section
8.18.110 of this Chapter.
552 (4) Annually provide information to employees, contractors, tenants, and
553 customers about Recyclable Materials and Organic Waste Recovery
554 requirements and about proper sorting of Recyclable Materials, Organic
555 Materials, and Solid Waste.
556
557
558
559
560
561
562
(5)
Provide education information before or within fourteen (14) days of
occupation of the Premises to new tenants that describes requirements to
S ource Separate Recyclable Materials and Organic Materials and to keep
S ource Separated Organic Materials and Source Separated Recyclable
Materials separate from each other and from Solid Waste (when applicable)
and the location of containers and the rules governing their use at each
property.
563 (6) Provide or arrange access for City and/or its Designee(s) to their properties
564 during all Inspections conducted in accordance with this Chapter to confirm
565 compliance with the requirements of this Chapter.
566 (c)
567
568 (d)
569
570
571
572
573
574
575 (e)
576
577
578
If the Responsible Party of a Multi -Family Premises wants to Self -Haul, meet the
S elf -Hauler requirements in Section 8.18.110 of this Chapter.
Multi -family Premises that generate two (2) cubic yards or more of total Solid
Waste, Recyclable Materials, and Organic Materials per week (or other threshold
defined by the State) that arrange for gardening or landscaping services shall
require that the contract or work agreement between the Owner, Occupant, or
operator of a Multi -Family Premises and a gardening or landscaping service
specifies that the designated organic materials generated by those services be
managed in compliance with this Chapter.
N othing in this Section prohibits a Responsible Party or Generator of a Multi -Family
Premises from preventing or reducing Discarded Materials generation, managing
O rganic Waste on site, or using a Community Composting site pursuant to 14 CCR
S ection 18984.9(c).
EXHIBIT "A"
579 8.18.060 - Requirements for Commercial Businesses
580 (a)
581
582
583
584
585 (b)
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
Responsible Parties of Commercial Businesses shall provide or arrange for
Recyclable Materials, Organic Materials, and Solid Waste collection services
consistent with this Chapter and for employees, contractors, tenants, and
customers. Responsible Parties of Commercial Premises may receive waivers
pursuant to Section 8.18.070 for some requirements of this Section.
Except Responsible Parties of Commercial Businesses that meet the Self -Hauler
requirements in Section 8.18.110 of this Chapter, including hauling services
arranged through a landscaper, Responsible Parties of Commercial Premises
shall
(1) Subscribe to and pay for City's three or more -container collection services
and comply with requirements of those services for all Recyclable Materials,
Organic Materials, and Solid Waste generated at the Commercial Premises
as further described below in this Section. City and its Designee(s) shall
have the right to review the number and size of a Commercial Premises'
collection 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. The Responsible Party of the
Commercial Business shall adjust their Service Level for their collection
services as requested by the City or its Designee.
(2) Participate in the City's three or more -container collection service(s) for at
least weekly collection of Recyclable Materials, Organic Materials, and
Solid Waste in the manner described below.
602 (A) Place and/or direct its Generators to place Source Separated
603 Organic Materials, including Food Waste in the Organic Materials
604 Container, Source Separated Recyclable Materials in the Recyclable
605 Materials Container; and Solid Waste in the Solid Waste Container.
606
607
608
609
610
611
612
613
614
615
616
617
(3)
(B) Not place and/or direct its Generators to not place Prohibited
Container Contaminants in collection containers and to not place
materials designated for the Organic Materials Containers or
Recyclable Materials Containers in the Solid Waste Containers.
Supply and allow access to adequate number, size and location of collection
containers with sufficient labels or colors (conforming with Sections
8.18.060(b)(4)(A) and 8.18.060(b)(4)(B), below) for employees, contractors,
tenants, and customers, consistent with City's Recyclable Materials
Container, Organic Materials Container, and Solid Waste Container
collection service or, if Self -Hauling, consistent with the Commercial
Premises' approach to complying with Self -Hauler requirements in Section
8.18.110 of this Chapter.
EXHIBIT "A"
618 (4) Provide containers for customers for the collection of Source Separated
619 Recyclable Materials and Source Separated Organic Materials in all indoor
620 and outdoor areas where Solid Waste containers are provided for
621 customers, for materials generated by that Commercial Business. Such
622 containers shall be visible and easily accessible. Such containers do not
623 need to be provided in restrooms. If a Commercial Business does not
624 generate any of the materials that would be collected in one type of
625 container, as demonstrated through an approved de minimis waiver per
626 Section 8.18.070(a), then the Responsible Party of the Commercial
627 Business does not have to provide that particular container in all areas
628 where Solid Waste containers are provided for customers. Pursuant to 14
629 CCR Section 18984.9(b), the containers provided by the Responsible Party
630 of the Commercial Business shall have either
631 (A) A body or lid that conforms with the container colors provided through
632 the collection service provided by City, with either lids conforming to
633 the color requirements or bodies conforming to the color
634 requirements or both lids and bodies conforming to color
635 requirements. The Responsible Party of the Commercial Business is
636 not required to replace functional containers that do not comply with
637 the requirements of this subsection prior to whichever of the following
638 comes first (i) the end of the useful life of those containers, or (ii)
639 January 1, 2036.
640 (B) Container labels that include language or graphic images, or both,
641 indicating the primary material accepted and the primary materials
642 prohibited in that container, or containers with imprinted text or
643 graphic images that indicate the primary materials accepted and
644 primary materials prohibited in the container. Pursuant 14 CCR
645 Section 18984.8, the container labeling requirements are required on
646 new containers commencing January 1, 2022.
647 (5) To the extent practical through education, training, Inspection, and/or other
648 measures, prohibit employees from placing materials in a container not
649 designated for those materials per the City s Recyclable Materials
650 Container Organic Materials Container, and Solid Waste collection service
651 or, if Self -Hauling, per the instructions of the Commercial Business's
652 Responsible Party to support its compliance with Self -Hauler requirements
653 in Section 8.18.110 of this Chapter.
654 (6) Periodically inspect Recyclable Materials Containers, Organic Materials
655 Containers, and Solid Waste Containers for Contamination and inform
656 employees if containers are Contaminated and of the requirements to keep
657 contaminants out of those containers pursuant to 14 CCR Section
658 18984.9(b)(3).
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673 (c)
674
675 (d)
676
677
678
679 (e)
680
681
(7)
EXHIBIT "A"
Annually provide information to employees, contractors, tenants, and
customers about Recyclable Materials and Organic Waste Recovery
requirements and about proper sorting of Recyclable Materials, Organic
Materials, and Solid Waste.
(8) Provide education information before or within fourteen (14) days of
occupation of the Premises to new tenants that describes requirements to
S ource Separate Recyclable Materials and Organic Matenals and to keep
S ource Separated Organic Materials and Source Separated Recyclable
Materials separate from each other and from other Solid Waste (when
applicable) and the location of containers and the rules governing their use
at each property.
P rovide or arrange access for City or its Designee to their properties during
all Inspections conducted in accordance with this Chapter to confirm
compliance with the requirements of this Chapter.
(9)
If the Responsible Party of a Commercial Business wants to Self -Haul, meet the
S elf -Hauler requirements in Section 8.18.110 of this Chapter.
N othing in this Section prohibits a Responsible Party or a Generator of a
Commercial Business from preventing or reducing Discarded Materials
generation, managing Organic Waste on site, or using a Community Composting
site pursuant to 14 CCR Section 18984.9(c).
Responsible Parties of Commercial Businesses that are Tier One or Tier Two
Commercial Edible Food Generators shall comply with Food Recovery
requirements, pursuant to Section 8.18.080 of this Chapter.
682 8.18.070 - Waivers for Multi -Family Premises and Commercial Premises
683 (a)
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
De Minimis Waivers for Multi -Family Premises and Commercial Premises. The
City s Designee, or the City if there is no Designee, may waive a Responsible
Party's obligation to comply with some or all Recyclable Materials and Organic
Waste requirements of this Chapter if the Responsible Party of the Commercial
Business or Multi -Family Premises submits an application in a form established by
Designee, or the City if there is no Designee, to the Designee, or the City if there
is no Designee, that the Commercial Business or Multi -Family Premises meets one
of the criteria in subsections (1) and (2) below. For the purposes of subsections (1)
and (2), the total Solid Waste shall be the sum of weekly container capacity
measured in cubic yards for Solid Waste, Recyclable Materials, and Organic
Materials collection service. Hauling through paper shredding service providers or
other incidental services may be considered in granting a de minimis waiver.
(1) The Commercial Business's or Multi -Family Premises' total Solid Waste
collection service is two (2) cubic yards or more per week and Recyclable
Materials and Organic Materials subject to collection in Recyclable
Materials Container(s) or Organic Materials Container(s) comprises less
EXHIBIT "A"
699 than twenty (20) gallons per week per applicable material stream of the
700 Multi -family Premises' or Commercial Business's total waste (i e.,
701 Recyclable Materials in the Recyclable Materials stream are less than
702 twenty (20) gallons per week or Organic Materials in the Organic Materials
703 stream are less than twenty (20) gallons per week); or,
704 (2) The Commercial Business's or Multi -Family Premises' total Solid Waste
705 collection service is less than two (2) cubic yards per week and Recyclable
706 Materials and Organic Materials subject to collection in a Recyclable
707 Materials Container(s) or Organic Materials Container(s) comprises less
708 than ten (10) gallons per week per applicable material stream of the Multi-
709 family Premises' or Commercial Business's total waste (i.e., Recyclable
710 Materials in the Recyclable Materials stream are less than ten (10) gallons
711 per week or Organic Materials in the Organic Materials stream are less than
712 ten (10) gallons per week).
713 (b) Physical Space Waivers. The City's Designee, or the City if there is no Designee,
714 may waive a Commercial Business's or Multi -Family Premises' obligation to
715 comply with some or all of the Recyclable Materials and/or Organic Waste
716 collection service requirements if the City or its Designee has evidence from its
717 own staff, a hauler, licensed architect, or licensed engineer demonstrating that the
718 Premises lacks adequate space for Recyclable Materials Containers and/or
719 Organic Materials Containers required for compliance with the Recyclable
720 Materials and Organic Materials collection requirements of Section 8.18.050 or
721 8.18.060 as applicable.
722 (c) Review and Approval of Waivers. Waivers shall be granted to Responsible Parties
723 by the City's Designee, or the City if there is no Designee, according to the
724 following process:
725 (1) Responsible Parties of Premises seeking waivers shall submit a completed
726 application form to the City's Designee, or the City if there is no Designee,
727 for a waiver specifying the waiver type requested, type(s) of collection
728 services for which they are requesting a waiver, the reason(s) for such
729 waiver, and documentation supporting such request.
730 (2) Upon waiver approval, the City's Designee, or the City if there is no
731 Designee, shall specify that the waiver is valid for the following duration:
732 (i) For Commercial Premises, five (5) years, or if property ownership
733 changes, or if occupancy changes, whichever occurs first.
734 (ii) For Multi -Family Premises, five (5) years, or if property ownership
735 changes, or if the property manager changes, whichever occurs first.
736 (3) Waiver holder shall notify City's Designee, or the City if there is no
737 Designee, if circumstances change such that Commercial Business's or
EXHIBIT "A"
738 Multi -Family Premises' may no longer qualify for the waiver granted,
739 which case waiver will be rescinded.
740 (4) Any waiver holder must cooperate with the City and/or its Designee for any
741 on -site assessment of the appropriateness of the waiver.
(5)
742
743
744
745
746
747
748
749
750
751
752
753
754
Waiver holder shall reapply to the City's Designee, or the City if there is no
Designee, for a waiver upon the expiration of the waiver period and shall
submit any required documentation, and/or fees/payments as required by
the City and/or its Designee Failure to submit a completed application shall
equate to an automatic denial of said application.
(6) The City's Designee, or the City if there is no Designee, may revoke a
waiver upon a determination that any of the circumstances justifying a
waiver are no longer applicable.
If the City's Designee does not approve a waiver application or revokes a
waiver, the City may appeal the decision for additional review by the
Designee. The City may also, after meeting and conferring with the
Designee, direct the Designee to approve the waiver application and/or
repeal the revocation of the waiver.
(7)
755 8.18.080 - Requirements for Commercial Edible Food Generators
756 (a)
757
758
759
760 (b)
761
762
763
764 (c)
765
766
767
768
769
770
771
772
773
774
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.
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.
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. Food that is donated shall be free from adulteration,
spoilage, and meet the food safety standards of the California Health and
Safety Code. Food cannot be donated if it is not in compliance with the food
safety standards of the California Health and Safety Code, including food
that is returned by a customer, has been served or sold and in the
possession of a consumer, or is the subject of a recall.
(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
EXHIBIT "A"
775 Commercial Edible Food Generator Self -Hauls to the Food Recovery
776 Organization for Food Recovery.
777 (3) Not intentionally spoil Edible Food that is capable of being recovered by a
778 Food Recovery Organization or a Food Recovery Service.
779 (4) Allow City's designated enforcement entity or designated third -party
780 enforcement entity to access the Premises and review records pursuant to
781 14 CCR Section 18991.4.
782 (5) Keep records that include the following information, or as otherwise
783 specified in 14 CCR Section 18991.4:
784 (A) A list of each Food Recovery Service or Food Recovery Organization
785 that collects or receives its Edible Food pursuant to a contract or
786 written agreement established under 14 CCR Section 18991.3(b).
787 (B) A copy of all contracts or written agreements established under 14
788 CCR Section 18991.3(b).
789 (C) A record of the following information for each of those Food Recovery
790 Services or Food Recovery Organizations:
791 (i) The name, address and contact information of the Food
792 Recovery Service or Food Recovery Organization.
793 (ii) The types of food that will be collected by or Self -Hauled to
794 the Food Recovery Service or Food Recovery Organization.
795 (iii) The established frequency that food will be collected or Self-
796 Hauled.
797 (iv) The quantity of food, measured in pounds recovered per
798 month, collected or Self -Hauled to a Food Recovery Service
799 or Food Recovery Organization for Food Recovery.
800 (6) Maintain records required by this section for five (5) years.
801 (7) No later than January 31 of each year commencing no later than January
802 31, 2023 for Tier One Commercial Edible Food Generators and January 31,
803 2025 for Tier Two Commercial Edible Food Generators, provide an annual
804 Food Recovery report to the City or its Designee that includes the following
805 information:
806
807
808
(i)
The amount, in pounds, of edible food donated to a Food
Recovery Service or Food Recovery Organization annually;
and,
EXHIBIT "A"
809 (ii) The amount, in pounds of edible food rejected by a Food
810 Recovery Service or Food Recovery Organization annually.
811 (iii) Any additional information required by the City Manager or
812 his/her designee, or Designee.
813 (d) Nothing in this Chapter shall be construed to limit or conflict with the protections
814 provided by the California Good Samaritan Food Donation Act of 2017, the Federal
815 Good Samaritan Act, or share table and school food donation guidance pursuant
816 to Senate Bill 557 of 2017 (approved by the Governor of the State of California on
817 September 25, 2017, which added Article 13 [commencing with Section 49580] to
818 Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend
819 Section 114079 of the Health and Safety Code, relating to food safety, as
820 amended, supplemented, superseded and replaced from time to time).
821 8.18.090 - Requirements for Food Recovery Organizations and Services
822 (a) Food Recovery Services collecting or receiving Edible Food directly from
823 Commercial Edible Food Generators, via a contract or written agreement
824 established under 14 CCR Section 18991.3(b), shall maintain the following
825 records, or as otherwise specified by 14 CCR Section 18991.5(a)(1)
826 (1) The name, address, and contact information for each Commercial Edible
827 Food Generator from which the service collects Edible Food.
828 (2) The quantity in pounds of Edible Food collected from each Commercial
829 Edible Food Generator per month.
830 (3)
831
The quantity in pounds of Edible Food transported to each Food Recovery
Organization per month.
832 (4) The name, address, and contact information for each Food Recovery
833 Organization that the Food Recovery Service transports Edible Food to for
834 Food Recovery.
835 (b) Food Recovery Organizations collecting or receiving Edible Food directly from
836 Commercial Edible Food Generators via a contract or written agreement
837 established under 14 CCR Section 18991.3(b), shall maintain the following
838 records, or as otherwise specified by 14 CCR Section 18991.5(a)(2)
839 (1) The name, address, and contact information for each Commercial Edible
840 Food Generator from which the organization receives Edible Food.
841 (2) The quantity in pounds of Edible Food received from each Commercial
842 Edible Food Generator per month.
843 (3) The name, address, and contact information for each Food Recovery
844 Service that the organization receives Edible Food from for Food Recovery.
845 (c)
846 (d)
847
848
849
850
851
852
853
854
855 (e)
856
857
858
859
860
861
862
863
864
865 (f)
866
867
868
869
870 (g)
871
872
EXHIBIT "A"
Maintain records required by this section for five years.
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 and the City's Designee, if
applicable, 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). The annual report shall be submitted to the City and the City's
Designee, if applicable, no later than January 31 of each year.
In order to support Edible Food Recovery capacity planning assessments or other
studies conducted by the City that provides Solid Waste collection services, or its
designated entity, Food Recovery Services and Food Recovery Organizations
o perating in the City shall provide information and consultation to the City and
City's Designee, if applicable, upon request, regarding existing, or proposed new
o r 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 and/or its Designee shall respond to such
request for information within 60 days, unless a shorter timeframe is otherwise
specified by the City.
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 shall include language in
all agreements with Tier 1 and Tier 2 edible food generators located in the City
identifying and describing the California Good Samaritan Act of 2017.
N othing in this chapter prohibits a Food Recovery Organization or Food Recovery
S ervice from refusing to accept Edible Food from a Commercial Edible Food
Generator.
873 8.18.100 - Requirements for Haulers and Facility Operators
874 (a) Requirements for Haulers
875
876
877
878
879
880
(1)
Franchised hauler(s) providing Recyclable Materials, Organic Waste,
and/or Solid Waste collection services to Generators within the City's
boundaries shall meet the following requirements and standards as a
condition of approval of its contract, agreement, permit, or other
authorization with the City to collect Recyclable Materials, Organic
Materials, and/or Solid Waste:
881 (A) Through written notice to the City annually on or before January 31of
882 each year, identify the facilities to which they will transport Discarded
883 Materials, including facilities for Source Separated Recyclable
884 Materials, Source Separated Organic Materials, and Solid Waste
EXHIBIT "A"
885 unless otherwise stated in the franchise agreement, contract, permit,
886 or license, or other authorization with the City.
887 (B) Transport Source Separated Recyclable Materials to a facility that
888 recovers those materials; transport Source Separated Organic
889 Materials to a facility, operation, activity, or property that recovers
890 Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article
891 2; transport Solid Waste to a disposal facility or transfer facility or
892 operation that processes or disposes of Solid Waste; and transport
893 manure to a facility that manages manure in conformance with 14
894 CCR Article 12 and such that the manure is not landfilled, used as
895 Alternative Daily Cover (ADC), or used as Alternative Intermediate
896 Cover (AIC).
897
898
899
900
901
902
903
904
905
906
907
908 (b)
(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, Section 8.18.110 of this
Chapter, and all City ordinances and requirements related to C&D
collection, transportation and processing.
(2) Franchised hauler(s) authorized to collect Recyclable Materials, Organic
Materials, and/or Solid Waste shall comply with education equipment,
signage, container labeling, container color, Contamination monitoring,
reporting, and other requirements contained within its franchise agreement,
permit, or other agreement entered into with City.
Requirements for Facility Operators and Community Composting Operations
909 (1) Owners of facilities, operations, and activities located in the City's
910 boundaries that recover Organic Waste, including, but not limited to,
911 Compost facilities, in -vessel digestion facilities, and publicly -owned
912 treatment works shall, upon City request, provide information regarding
913 available and potential new or expanded capacity at their facilities,
914 operations, and activities, including information about throughput and
915 permitted capacity necessary for planning purposes Entities contacted by
916 the City shall respond within 60 days.
917 (2) Community Composting operators with operations located in the City's
918 boundaries, upon City request, shall provide information to the City to
919 support Organic Waste capacity planning, including, but not limited to, an
920 estimate of the amount of Organic Waste anticipated to be handled at the
921 Community Composting operation Entities contacted by the City shall
922 respond within 60 days.
923 Owners of facilities, operations, and activities located in the City's
924 boundaries that receive Recyclable Materials, Organic Materials, and/or
(3)
EXHIBIT "A"
925 Solid Waste shall provide to the City on a quarterly basis copies of all reports
926 they are required to report to CalRecycle under 14 CCR.
927 8.18.110 - Self -Hauler Requirements
928 (a)
929
930
931
932
933
934
935
936
937
938 (b)
939
940
941
942
943
944 (c)
945
946
947
948
949
950
951
952
953
954
955
956
957
958
959
960
961
Every Self -Hauler shall Source Separate its Recyclable Materials and Organic
Materials (materials that City otherwise requires Generators or Responsible
P arties to separate for collection in the City's Recyclable Materials and Organic
Materials collection program) generated on -site from Solid Waste in a manner
consistent with 14 CCR Section 18984.1 and the City's collection program. Self -
Haulers shall deliver their materials to facilities described in subsection (b) below.
Alternatively, Self -Haulers may or choose not to Source Separate Recyclable
Materials and Organic Materials and shall haul its Solid Waste (that includes
Recyclable Materials and Organic Materials) to a High Diversion Organic Waste
P rocessing Facility subject to advance written approval by the City.
S elf -Haulers that Source Separate their Recyclable Materials and Organic
Materials shall haul their Source Separated Recyclable Materials to a facility that
recovers those materials; haul their Source Separated Organic Waste to a facility,
o peration, activity, or property that processes or recovers Source Separated
Organic Waste; and, haul their Solid Waste to a disposal facility or transfer facility
o r operation that processes or disposes of Solid Waste.
S elf -Haulers that are Responsible Parties of Commercial Businesses or Multi -
Family Premises shall keep records of the amount of Recyclable Materials,
Organic Waste, and Solid Waste delivered to each facility operation, activity, or
property that processes or recovers Recyclable Materials and Organic Waste and
processes or disposes of Solid Waste or shall keep records of Solid Waste
delivered to High Diversion Organic Waste Processing Facilities. These records
shall be subject to review by the City and/or its Designee(s). The records shall
include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the Recyclable
Materials, Organic Materials, and Solid Waste.
(2) The amount of material in cubic yards or Tons transported by the Generator
o r Responsible Party to each entity.
(3)
If the material is transported to an entity that does not have scales on -site
o r 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 Recyclable Materials, Organic Materials,
and Solid Waste.
962 (d) Self -Haulers shall retain all records and data required to be maintained by this
963 Section for no less than five (5) years after the Recyclable Materials, Organic
EXHIBIT "A"
964 Materials, and/or Solid Waste was first delivered to the facility accepting the
965
966 (e)
967
968
969
970 (f)
971
972
973 (g)
974
975
976
977
material.
S elf -Haulers that are Commercial Businesses or Multi -Family Premises shall
provide copies of records required by this Section to City in accordance with any
schedule and/or format set by the City Manager or his/her designee, or any City
administrative policy.
A Single -Family Generator or Single -Family Responsible Party that Self -Hauls
Recyclable Materials, Organic Waste, or Solid Waste is not required to record or
report information in Section 11(c) through (e).
P ursuant to 14 CCR Section 18815.9, Food Waste Self -Haulers are required to
maintain records and report to CalRecycle information on the Tons of Food Waste
S elf -Hauled and the facilities or each use of such material. All reports Food Waste
S elf -Haulers are required to report to CalRecycle shall be subject to review by the
City and/or its Designee upon written 30-day request.
978 8.18.120 - Compliance with CalGreen Recycling Requirements
979 (a)
980
981
982
983
984
985
Persons applying for a permit from the City for new construction and building
additions and alternations shall comply with the requirements of this Section and
all required components of the California Green Building Standards Code, 24 CCR,
Part 11, known as CalGreen, as amended if its project is covered by the scope of
CalGreen or more stringent requirements of the City. If the requirements of
CalGreen are more stringent then the requirements of this Section, the CalGreen
requirements shall apply.
986 Project applicants shall refer to City's building and/or planning code for complete
987 CalGreen requirements.
988 (b)
989
990
For projects covered by CalGreen or more stringent requirements of the City, the
applicants must, as a condition of the City's permit approval, comply with the
following:
991 (1) Where five (5) or more Multi -Family units are constructed on a building site,
992 provide readily accessible areas that serve Owners or Occupants of all
993 buildings on the site and are identified for the storage and collection of
994 Discarded Materials, consistent with the three container collection program
995 offered by the City, or comply with provision of adequate space for recycling
996 for Multi -Family and Commercial Premises pursuant to Sections 4 408.1
997 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards
998 Code, 24 CCR, Part 11, as amended, provided amended requirements are
999 more stringent than the CalGreen requirements for adequate recycling
1000 space effective January 1, 2020.
1001 (2) New Commercial or Multi -Family construction or additions resulting in more
1002 than 30% of the floor area shall provide readily accessible areas identified
EXHIBIT "A"
1003 for the storage and collection of Discarded Materials, consistent with the
1004 three container collection program offered by the City or shall comply with
1005 provision of adequate space for recycling for Multi -Family and Commercial
1006 Premises pursuant to Sections 4.408.1, 4 410.2, 5.408.1 and 5.410.1 of the
1007 California Green Building Standards Code, 24 CCR, Part 11, as amended,
1008 provided amended requirements are more stringent than the CalGreen
1009 requirements for adequate recycling space effective January 1, 2020.
1010
1011
1012
1013
1014
1015
1016
(3)
8.18.130 -
(MWELO)
(a)
Comply with CalGreen requirements and applicable law related to
management of C&D, including diversion of Organic Waste and Recyclable
Materials in C&D from disposal. Comply with all written and published City
policies, ordinances, and/or administrative guidelines regarding the
collection, recycling, diversion, tracking, and/or reporting of C&D.
Model Water Efficient Landscaping Ordinance Requirements
1017 Property owners or their building or landscape designers, including anyone
1018 requiring a building or planning permit, plan check, or landscape design review
1019 from the City who are constructing a new (Single -Family, Multi -Family, public,
1020 institutional, or Commercial) project with a landscape area greater than 500 square
1021 feet, or rehabilitating an existing landscape with a total landscape area greater
1022 than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and
1023 (G) of the MWELO, including sections related to use of Compost and mulch as
1024 delineated in this Section 8.18.130.
1025 (b)
1026
1027
1028 (c)
The following Compost and mulch use requirements that are part of the MWELO
are now also included as requirements of this Chapter. Other requirements of the
MWELO are in effect and can be found in 23 CCR Division 2, Chapter 2.7.
Property owners or their building or landscape designers that meet the threshold
1029 for MWELO compliance outlined in Section 8.18.130(a) above shall:
1030
1031
1032
1033
1034
1035
1036
1037
1038
1039
1040
1041
1042
(1) Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which
requires the submittal of a landscape design plan with a soil preparation,
mulch, and amendments section to include the following:
(A) For landscape installations, Compost at a rate of a minimum of four
(4) cubic yards per 1,000 square feet of permeable area shall be
incorporated to a depth of six (6) inches into the soil. Soils with
greater than six percent (6%) organic matter in the top six (6) inches
of soil are exempt from adding Compost and tilling.
(B) For landscape installations, a minimum three (3) inch layer of mulch
shall be applied on all exposed soil surfaces of planting areas except
in turf areas, creeping or rooting groundcovers, or direct seeding
applications where mulch is contraindicated. To provide habitat for
beneficial insects and other wildlife up to five percent (5%) of the
EXHIBIT "A"
1043 landscape area may be left without mulch. Designated insect habitat
1044 must be included in the landscape design plan as such.
1045
1046
1047
1048
1049
1050
1051
1052
1053
1054
1055
1056
1057 (d)
1058
1059
1060
1061
1062
1063
(C) Organic mulch materials made from recycled or post -consumer
materials shall (i) take precedence over inorganic materials or virgin
forest products unless the recycled post -consumer organic products
are not locally available, and (ii) comply with 14 CCR, Division 7,
Chapter 12 Article 12 Organic mulches are not required where
prohibited by local fuel modification plan guidelines or other
applicable local ordinances.
(2) The MWELO compliance items listed in this Section are not an inclusive list
of MWELO requirements, therefore, property owners or their building or
landscape designers that meet the threshold for MWELO compliance
outlined in Section 8.18.130(a) shall consult the full MWELO for all
requirements.
If, after the adoption of 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 jurisdictions 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.
1064 8.18.140 - Procurement Requirements for City Departments, Direct Service
1065 Providers, and Vendors
1066 (a)
1067
1068
1069 (b)
1070
City departments, and direct service providers to the City, as applicable, must
comply with the City -adopted procurement policy for Recycled -Content Paper
Products adopted in accord with 14 CCR Section 18993.3.
All vendors providing Paper Products and Printing and Writing Paper to the City
shall:
1071 (1) If fitness and quality are equal, provide Recycled Content Paper Products
1072 and Recycled -Content Printing and Writing Paper that consists of at least
1073 30 percent, by fiber weight, postconsumer fiber instead of non -recycled
1074 products whenever recycled Paper Products and Printing and Writing Paper
1075 are available at the same or lesser total cost than non -recycled items.
1076
1077
1078
1079
1080
1081
Provide Paper Products and Printing and Writing Paper that meet Federal
Trade Commission recyclability standard as defined in 16 Code of Federal
Regulations (CFR) Section 260.12.
Certify in writing, under penalty of perjury, the minimum percentage of
postconsumer material in the Paper Products and Printing and Writing
Paper offered or sold to the City This certification requirement may be
EXHIBIT "A"
1082 waived if the percentage of postconsumer material in the Paper Products,
1083 Printing and Writing Paper, or both can be verified by a product label,
1084 catalog, invoice, or a manufacturer or vendor Internet website.
1085 (4) Certify in writing on invoices or receipts provided, that the Paper Products
1086 and Printing and Writing Paper offered or sold to the City is eligible to be
1087 labeled with an unqualified recyclable label as defined in 16 Code of Federal
1088 Regulations (CFR) Section 260.12.
1089
1090
1091
1092
1093
1094
1095
1096
1097
1098
1099
1100
1101
1102
1103
1104
1105
1106
1107
1108
1109
1110
1111
1112
1113
(5)
Provide records to the City's designated personnel member for purposes of
procurement recordkeeping in accordance with the City's Recycled Content
Paper procurement policy(ies) of all Paper Products and Printing and
Writing Paper purchases within thirty (30) days of the purchase (both
recycled content and non -recycled content, if any is purchased) made by
any division or department or employee of the City. Records shall include a
copy (electronic or paper) of the invoice or other documentation of
purchase, written certifications as required in Sections 8.18.140(b)(3) and
(b)(4) of this Chapter for recycled content purchases, purchaser name
quantity purchased, date purchased, and recycled content (including
products that contain none), and if non recycled content Paper Products or
Printing and Writing Papers are provided, include a description of why
Recycled -Content Paper Products or Printing and Writing Papers were not
provided.
8.18.150 - Inspections and Investigations
(a) City/County representatives or its Designee(s) are authorized to conduct
Inspections and investigations, at random or otherwise, of any collection container,
collection vehicle Toads, or transfer, processing, or disposal facility for materials
collected from Generators, or Source Separated materials to confirm compliance
with this Chapter by Generators, Responsible Parties of Single -Family Premises,
Responsible Parties of Commercial Businesses, Responsible Parties of Multi -
Family Premises, Commercial Edible Food Generators, haulers, Self -Haulers,
Food Recovery Services, and Food Recovery Organizations, subject to applicable
laws. This Section does not allow City or its Designee to enter the interior of a
private Residential property for Inspection.
1114 (b) Entities regulated by this Chapter shall provide or arrange for access during all
1115 Inspections (with the exception of Residential property interiors) and shall
1116 cooperate with the City's representative or its Designee during such Inspections
1117 and investigations. Such Inspections and investigations may be set by City
1118 ordinance, resolution, or internal policy and include, without limitation, confirmation
1119 of proper placement of materials in containers, inspection of Edible Food Recovery
1120 activities, review of required records, or other verification or Inspection to confirm
1121 compliance with any other requirement of this Chapter. Failure of a Responsible
1122 Party to provide or arrange for (i) access to an entity's Premises; or (ii) access to
EXHIBIT "A"
1123 records for any Inspection or investigation is a violation of this Chapter and may
1124 result in penalties described in Section 8.18.160.
1125 (c) Any records obtained by a City or its Designee during its Inspections, and other
1126 reviews shall be subject to the requirements and applicable disclosure exemptions
1127 of the Public Records Act as set forth in Government Code Section 6250 et seq.
1128 (d) City representatives or their Designee are authorized to conduct any Inspections,
1129 or other investigations as reasonably necessary to further the goals of this Chapter,
1130 subject to applicable laws.
1131
1132
1133
1134
1135
1136
(e)
(f)
City or its Designee shall receive written complaints from persons regarding an
entity that may be potentially non -compliant with SB 1383 Regulations including
receipt of anonymous complaints.
City representatives and/or their Designee are authorized to provide informational
notices to entities regulated by this Chapter regarding compliance with this
Chapter.
1137 8.18.160 - Enforcement
1138
1139
1140
1141
1142
1143
1144
1145
1146
(a)
1147 (b)
1148
1149
1150
1151
1152
1153 (c)
Violation of any provision of this Chapter shall constitute grounds for issuance of
a Notice of Violation and assessment of a fine by a City Enforcement Official or
representative. Enforcement Actions under this Chapter are issuance of an
administrative citation and assessment of a fine. The City's procedures on
imposition of administrative fines as specified in Chapter 1 of the City's code 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 Chapter and any rule or regulation adopted
pursuant to this Chapter, except as otherwise indicated in this Chapter.
Other remedies allowed by law may be used for enforcement, including but not
limited to 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.
Responsible Entity for Enforcement
1154 (1) Enforcement pursuant to this Chapter may be undertaken by the City
1155 Enforcement Official or their designee authorized and legally able to
1156 undertake such action.
1157
1158
1159
(2)
Enforcement may also be undertaken by a County Enforcement Official,
designated by the County, in consultation with City Enforcement Official and
legally able to undertake such action.
EXHIBIT "A"
1160 (3) City Enforcement Official(s) may issue Notices of Violation(s).
1161 (d) Process for Enforcement
1162 (1) City Enforcement Officials and/or their designee will monitor compliance
1163 with this Chapter through Compliance Reviews, Route Reviews,
1164 investigation of complaints, and an Inspection program. City Enforcement
1165 Officials and/or their designee may also monitor compliance with this
1166 Chapter randomly and reserve all authority of their full prosecutorial
1167 discretion. The City may exercise any of its rights to conduct inspections
1168 and investigations as established by Section 8.18.150 and any other
1169 provision of the Code authorizing such investigations.
1170
1171
1172
(2)
(3)
City may issue an official notification to notify regulated entities of its
obligations under the ordinance.
Container Contamination:
1173 i. For incidences of Prohibited Container Contaminants found by City
1174 or its Designee, City or its Designee will issue an informational notice
1175 of Contamination to any Generator or Responsible Party found to
1176 have Prohibited Container Contaminants in a container. Such notice
1177 will be provided via a cart tag or other communication immediately
1178 upon identification of the Prohibited Container Contaminants or
1179 within 3 days after determining that a violation has occurred. If the
1180 City or its Designee observes Prohibited Container Contaminants in
1181 a Responsible Party's containers on more than two (2) occasion(s),
1182 every calendar year starting January 1, the City may assess an
1183 administrative fine or penalty on the Responsible Party in
1184 accordance with Code Chapter 1.03.
1185 ii. In addition to subparagraph (i) above, Designee may implement
1186 through Designee's service rate structure a Contamination service
1187 charge for customers committing incidents of Prohibited Container
1188 Contaminants. Designee shall provide such customers with written
1189 notice and/or cart tags, or such other procedures required under any
1190 contract agreement, or similar contractual authorization between the
1191 City and its Designee, prior to levying any Contamination service
1192 charge. The foregoing Contamination service charge shall not be
1193 considered an administrative fine or penalty. Any disputes arising
1194 from the assessment of a Contamination service charge shall be
1195 adjudicated pursuant to the customer complaint resolution process
1196 provided under the terms of any contract, agreement, or similar
1197 contractual authorization between the City and its Designee
1198 assigned to collect Organic Waste.
EXHIBIT "A"
1199
1200
1201
1202
1203
1204
1205
1206
1207
1208
1209
With the exception of violations of Contamination of container contents
addressed under subparagraph (d)(3) above, City shall issue a Notice of
Violation requiring compliance within 60 days of issuance of the notice.
Absent compliance by the respondent within the deadline set forth in the
N otice of Violation, City shall commence an Enforcement Action to impose
penalties, via an administrative citation and fine.
N otices shall be sent to "owner" at the official address of the owner
maintained by the tax collector for the County Assessor or if no such
address is available, to the owner at the address of the Multi -Family
P remises or Commercial Premises or to the Responsible Party for the
collection services, depending upon available information.
1210 (e) Penalty Amounts for Types of Violations
1211 Administrative fine levels shall be as stated in Section 1.03.050 of the Code,
1212 excepting that should the penalties levels in Section 1.03.050 either (i) fall below
1213 the minimum amounts stated in 14 CCR Section 18997.2, or (ii) exceed the
1214 maximum amounts stated in 14 CCR Section 18997.2, then the administrative fine
1215 level shall be that which is closest to a level stated in 14 CCR Section 18997.2.
1216 (f) Factors Considered in Determining Penalty Amount
1217 The following factors shall be used to determine the amount of the penalty for each
1218 violation within the appropriate penalty amount range:
1219
1220
1221
1222
1223
1224
1225
1226
1227
1228
1229
1230
(g)
(1) The nature, circumstances, and severity of the violation(s).
(2) The violator's ability to pay.
(3) The willfulness of the violator's misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this
chapter.
Evidence of any economic benefit resulting from the violation(s).
The deterrent effect of the penalty on the violator.
Whether the violation(s) were due to conditions outside the control of the
violator.
Compliance Deadline Extension Considerations
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
(5)
(6)
(7)
EXHIBIT "A"
1231 beyond the control of the respondent that make compliance within the deadlines
1232 impracticable, including the following:
1233 (1) Acts of God such as earthquakes, wildfires, flooding, and other
1234 emergencies or natural disasters;
1235 (2) Delays in obtaining discretionary permits or other government agency
1236 approvals; or,
1237
1238
1239
1240 (h)
(3)
Deficiencies in Organic Waste recycling infrastructure or Edible Food
Recovery capacity and the City/County is under a corrective action plan with
CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
Review and Appeals Process
1241 Persons receiving an administrative citation containing a penalty for an
1242 uncorrected violation may request a hearing and any subsequent review of the
1243 decision in accordance with the procedures set forth in Code Chapter 1.03.
1244 (i)
Education Period for Non -Compliance
1245 Beginning January 1, 2022 and through December 31, 2023, City or its Designee
1246 will conduct Inspections, Route Reviews or waste evaluations, and Compliance
1247 Reviews, depending upon the type of regulated entity, to determine compliance,
1248 and if City or its Designee determines that Generator, Responsible Party, Self-
1249 Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery
1250 Organization, Food Recovery Service, or other entity is not in compliance, it shall
1251 provide educational materials to the entity describing its obligations under this
1252 Chapter and a notice that compliance is required by January 1, 2022, and that
1253 violations may be subject to administrative civil penalties starting on January 1,
1254 2024.
1255 (j) Civil Penalties for Non -Compliance
1256 Beginning January 1, 2024, if the City determines that a Generator, Responsible
1257 Party, Self -Hauler, hauler, Tier One or Tier Two Commercial Edible Food
1258 Generator, Food Recovery Organization Food Recovery Service, or other entity
1259 is not in compliance with this Chapter, it shall document the noncompliance or
1260 violation, issue a Notice of Violation, and take Enforcement Action pursuant to this
1261 Section, as needed.
1262 Section 8.18.170. Coordination and Interpretation in Conjunction With
1263 Related Solid Waste Ordinances
1264 In interpreting this Chapter in conjunction with the City's general solid waste regulations
1265 (Municipal Code Chapters 8.16, entitled "Solid Waste Management" and 8.17, entitled
1266 'Expanded Polystyrene"), in the event of any conflict between this Chapter and Chapters
1267 8.16 and 8.17 that cannot be reasonably harmonized through the application of lawful
EXHIBIT "A"
1268 principles of statutory construction, the provisions of this Chapter shall control with
1269 respect to all issues specific to the regulation of organic and food waste collection,
1270 disposal, enforcement and penalties.
1271 Section 8.18.180. Effective Date
1272 This Chapter shall be effective commencing on January 1, 2022.
1273