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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Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq , as amended, supplemented superseded and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions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