Ordinance Number 1093' ORDINANCE NO. 1093
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING BUILDING REGULATIONS, WELO
SECTION 8-20.04 AND SOLID WASTE, TITLE 6 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE REGARDING IMPLEMENTATION
OF SB 1383 REGULATIONS
WHEREAS, the City of San Juan Capistrano, California ("City") is a
municipal corporation, duly organized under the constitution and laws of the
State of California: 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seq., as amended, supplemented, superseded, and replaced from time to time),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,
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.
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 the City to implement a recycling program to divert organic waste
from businesses subject to the law, and requires the City to implement a
mandatory commercial organics recycling program.
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, 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
1 01093
WHEREAS, this Ordinance implements the requirements of AB 341, AB
1826, and the SB 1383 Regulations. ,
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council hereby finds and determines
that the above recitals are true and correct and incorporated herein by this
reference.
SECTION 2. CEQA. The City Council finds that this Ordinance is exempt
from the California Environmental Quality Act ("CEQA") pursuant to Section
15378(b)(5) in that it is not a "project" under CEQA, and will not result in direct or
indirect physical changes in the environment.
SECTION 3. Amendment. The City Council hereby amends Title 6,
Chapter 3, "Solid Waste," in its entirety to read as attached hereto as Exhibit A.
SECTION 4. Amendment. The City Council hereby deletes Title 6,
Chapter 14, "Recycling Requirements for Large Events and Large Venues," in its
entirety.
SECTION 5. Amendment. The City Council hereby amends Section 8- t
20.04 to read as follows:
Sec. 8-20.04. Landscape permit and landscape document
package.
(a) Landscape permit. Projects subject to this chapter require a
landscape permit.
(b) Landscape documentation package. The application shall
include a landscape documentation package, which shall consist of
the following materials and information as required by this chapter
and the Guidelines:
(1) Applicant and project information, which includes:
(A) The applicant's signature and date with the
statement, "I agree to comply with the requirements of
the San Juan Capistrano Water Efficient Landscape
Ordinance." or
(B) For prescriptive compliance, the applicant's
signature and date with the statement, "I agree to '
comply with the requirements of the prescriptive
2 01093
' compliance option to the San Juan Capistrano Water
Efficient Landscape Ordinance";
(2) Water efficient landscape worksheet;
(3) Soil management report;
(A) The soil management report shall make
recommendations that, in conjunction with what is appropriate for
the plants selected in the landscape design plan, shall be
incorporated into soil amendments. The soil management report
shall be prepared in the manner specified by Section 492.5 of the
Model Water Efficient Landscape Ordinance, Title 23, Division 2,
Chapter 2.7 of the California Code of Regulations as amended
September 15, 2015.
(4) Compost and mulch use requirements that comply
with the following:
(A) For landscape installations, Compost at a rate
of a minimum of four 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) 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 landscape area may be left without mulch.
Designated insect habitat must be included in the
landscape design plan as such.
(C) Organic mulch materials made from recycled
or post -consumer materials shall take precedence
over inorganic materials or virgin forest products
unless the recycled post -consumer organic products
are not locally available. Organic mulches are not
required where prohibited by local fuel modification
plan guidelines or other applicable local ordinances.
' (5) Landscape design plan;
(6) Irrigation design plan;
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01093
(7) Grading design plan; and
(8) Certification by a professional appropriately licensed '
by the State of California stating that the landscape design and
water use calculations have been prepared by or under the
supervision of the licensed professional and are certified to comply
with this chapter and the Guidelines.
(c) Filing.
(1) Form. The Development Services Director shall
prescribe the form of application and the supporting information
required to initiate the landscape permit application review.
(2) Filing. An application for a landscape permit shall be
filed with the Development Services Department, along with the
required fee as established by resolution of the City Council.
(3) Completeness. Once the application and fee is
received, by the Development Services Department, the application
will be reviewed, for completeness. If the application is found to be
incomplete, the Development Services Department will notify the
applicant in writing within thirty (30) calendar days what additional
information is required, and the application will not be processed I until that information is received by the Development Services
Department.
(4) Local water purveyor. Water use calculations shall be
provided to the local water purveyor, as appropriate, under
procedures determined by the City.
(d) Review. The review authority for a landscape permit is the
Development Services Director or designee. The Development
Services Director may refer the landscape permit to the City's
Design Review Committee.
SECTION 6. Existing Code Provisions. All existing provisions of the
Municipal Code that are repeated in Exhibit A are repeated only to aid decision -
makers and the public in understanding the effect of the proposed changes.
Restatement of existing provisions does not constitute a new enactment.
SECTION 7. Findings. The City Council's actions are made upon review
of the Staff Report, all oral and written comments, and all documentary evidence
presented on the Ordinance. The documents and materials that constitute the
record of proceedings on which this Ordinance and the above findings have been ,
based are located at San Juan Capistrano City Hall, City Clerk Dept
C6j(11%
' SECTION 8. Severability. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance for any reason is held to
be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have adopted this
Ordinance, and each section, subsection, subdivision, sentence, clause, phrase,
or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
SECTION 9. Effective Date. This Ordinance shall take effect and be in
force thirty (30) days after its passage.
SECTION 10. Publication. The City Clerk shall certify to the adoption of
this Ordinance and shall post or publish this Ordinance as required by law.
APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of San Juan Capistrano this 2nd day of November 2021.
JOHN TAYLOR, MAYOR
ATTES
1
MAR MO RI CITY CL RK
5 01093
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. '
CITY OF SAN JUAN CAPISTRANO)
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that
the foregoing is a true and correct copy of Ordinance No. 1093 which was regularly
introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 191" day of October 2021 and that thereafter, said Ordinance was duly adopted
and passed at the Regular Meeting of the City Council on the 2n1 day of November 2021
bathe following vote, to wit:
AY S:
C
UNCIL MEMBERS:
Farias, Bourne, Hart and Mayor Taylor
NO S:'
AB NT:
C
CIDUNCIL
UNCIL MEMBERS:
MEMBERS:
Mayor Pro Tem Reeve
None
Vt(f
S, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO ) '
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
That in compliance with State laws, Government Code section 36933(1) of the State of
California, on the 131" day of October 2021, at least 5 days prior to the adoption of the
ordinance, I caused to be posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING BUILDING REGULATIONS, WELO
SECTION 8-20.04 AND SOLID WASTE, TIT6 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE REGARDING IMPLEMENTATION
OF SB 1383 REGULATIONS
This document was posted in the Office of the City Clerk
MARIA MORRIS, CITY CLERK
San Juan Capistrano, California
AIG']
' STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
that in compliance with State laws, Government Code section 36933(1) of the State of
California.
On the 4'" day of October 2021, 1 caused to be posted a certified copy of Ordinance No.
1093, adopted by the City Council on November 2, 2021, entitled:
AN ORDINANCE OF THE CITY OF, SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING BUILDING REGULATIONS, WELO SECTION
8-20.04 AND SOLID WASTE, TITLE 6 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE REGA DING IMPLEMENTATION OF
SB 1383 REGULATIONS ^, ,
This document was posted in the Office of the City
Act
t
M RIXQO 11S, CITY C
San Juan Capistrano, Ca
7
K
01093
San Juan Capistrano Municipal Code Title 6, Chapter 3
Exhibit A
' SEC. 6-3.01. Title.
This chapter shall be known and may be cited as the "Municipal Solid Waste Collection
Law of the City of San Juan Capistrano."
SEC. 6-3.02. Purpose and intent.
(a) It is in the public interest to control solid waste handling services within the
City.
(b) The City must comply with the California Integrated Waste Management Act
of 1989 (Public Resources Code Section 40000 et seq.), as amended from time to time,
which, among other things, requires the City to track the quantity of solid waste being
generated in the City and to reduce the total amount.
(c) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
CalRecycle to develop regulations to reduce organics in landfills as a source of methane.
The regulations place requirements on multiple entities including cities and counties,
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.
' (d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
the City to adopt and enforce an ordinance or enforceable mechanism to implement
relevant provisions of SB 1383 Regulations. This ordinance will also help reduce 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.
(e) To enable the City to comply with the California Integrated Waste
Management Act of 1989 and SB 1383, as amended from time to time, and to better
control solid waste handling services, including the handling of organic wastes and
recyclable materials, within the City, the City deems it necessary to grant one solid waste
enterprise the right to provide exclusive solid waste handling services within the City as
provided in this chapter.
SEC. 6-3.03. Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain
words and phrases used in this chapter are defined as follows:
"AB 341" shall mean Assembly Bill 341 from the 2011-2012 Regular Session of the
California Legislature (Chapter 476, Stats. 2011).
''AB 939" shall mean that State legislation commonly known as the California Integrated
Waste Management Act (Chapter 1095, Stats. 1989, as amended) as codified in Public
Resources Code Section 49000, et seq.
Page 1 of 35
"Back -haul" means generating and transporting Organic Waste to a destination owned
and operated by the generator using the generator's own employees and equipment, or I as otherwise defined in 14 CCR Section 18982(a)(66)(A)
"Blue Container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall
be used for the purpose of storage and collection of Source Separated Recyclable
Materials.
"Bulky items" means solid waste that cannot and/or would not typically be accommodated
within a cart including specifically: furniture (including chairs, sofas, mattresses, and
rugs); appliances (including refrigerators with and without Freon, ranges, washers, dryers,
water heaters, dishwashers, plumbing, small household appliances and other similar
items, commonly known as "white goods"); residential wastes (including wood waste, tree
branches, scrap wood, in the aggregate not exceeding one cubic yard per collection); and
clothing. Bulky items shall specifically include items commonly known in the waste
industry as "brown goods" and "e -waste." Bulky items do not include car bodies,
construction and demolition debris or (with the exception of appliances/white goods
described above) items that cannot reasonably be moved with equipment of the type
which, pursuant to industry standards, would normally be carried in a truck collecting
bulky items.
"CalRecycle" means California's Department of Resources Recycling and Recovery,
which is the Department designated with responsibility for developing, implementing, and
enforcing SB 1383 Regulations on jurisdictions, including the City. '
"City Manager" means the City Manager of the City or duly -authorized representative or
designee.
"Collect" or "collection" or "collecting" shall mean to take physical possession of, transport,
and remove solid waste from a premises.
"Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-
stock company, corporation, or association, whether for-profit or nonprofit, strip mall,
industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR
Section 18982(a)(6). A Multi -Family Residential Dwelling that consists of fewer than five
(5) units is not a Commercial Business for purposes of implementing the provisions of this
chapter.
"Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial
Edible Food Generator as defined herein or as otherwise defined in 14 CCR Section
18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery
Organizations and Food Recovery Services are not Commercial Edible Food Generators
pursuant to 14 CCR Section 18982(a)(7).
"Community Composting" means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in combination, and the '
total amount of feedstock and Compost on-site at any one time does not exceed 100
2
' cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as
otherwise defined by 14 CCR Section 18982(a)(8).
"Compost" means the product resulting from the controlled biological decomposition of
organic Solid Wastes that are Source Separated from the municipal Solid Waste stream,
or which are separated at a centralized facility, or as otherwise defined in 14 CCR Section
17896.2(a)(4).
"Construction and demolition debris" shall mean used or discarded materials removed
from premises during construction, renovation, remodeling, repair, or demolition
operations on any pavement, house, commercial or industrial building, or other structure
and shall include, but not be limited to, concrete, asphalt paving, asphalt roofing, lumber,
gypsum board, rock, soil and metal.
"Construction, remodeling or demolition project" means the erection or demolition of or
the making of changes to any building, structure or landscaping which generates
construction and demolition debris.
"Container Contamination" or "Contaminated Container" means a container, regardless
of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14
CCR Section 18982(a)(55).
' "Contractor' means any person or entity holding, or required to hold, a contractor's license
of any type under the laws of the State of California, or who performs (whether as
contractor, subcontractor or owner -builder) any construction, demolition, remodeling, or
landscaping service relating to buildings or accessory structures in the City of San Juan
Capistrano.
"Designee" means an entity that the City contracts with or otherwise arranges to carry out
any of the City's responsibilities under SB 1383 implemented in this chapter as authorized
in 14 CCR Section 18981.2. A Designee may be a government entity, the exclusive solid
waste enterprise, a private entity, or a combination of those entities.
"Designated recycling collection station" means the place designated in the contract
between the City and an authorized recycling contractor from which the authorized
recycling contractor has contracted to collect recyclable solid waste. This location will
customarily be the curbside of a residential neighborhood or the service alley of a
commercial enterprise.
"Diversion" means a reduction in the amount of waste being deposited in landfills by any
of the following methods:
(1) Use of new construction methods, approved by the Solid Waste
Coordinator, that reduce the amount of construction and demolition waste generated.
' (2) On-site reuse of the construction and demolition debris.
3
(3) Delivery of the construction and demolition waste from a site to a recycling
facility as described in this article. '
(4) Other methods approved by the Solid Waste Coordinator.
"Edible Food" means food intended for human consumption, or as otherwise defined in
14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined
in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and
not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or
authorizes the Recovery of Edible Food that does not meet the food safety requirements
of the California Retail Food Code.
"Excluded Waste" means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive
waste, and toxic substances or material that facility operator(s), which receive materials
from the City and its generators, reasonably believe(s) would, as a result of or upon
acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal
law, regulation, or ordinance, including: land use restrictions or conditions, waste that
cannot be disposed of in Class III landfills or accepted at the facility by permit conditions,
waste that in the City's, or its Designee's reasonable opinion would present a significant
risk to human health or the environment, cause a nuisance or otherwise create or expose
the City, or its Designee, to potential liability; but not including de minimis volumes or
concentrations of waste of a type and amount normally found in Single -Family or Multi- ,
Family Solid Waste after implementation of programs for the safe collection, processing,
recycling, treatment, and disposal of batteries and paint in compliance with Sections
41500 and 41802 of the California Public Resources Code. Excluded Waste does not
include used motor oil and filters, household batteries, universal wastes, and/or latex paint
when such materials are defined as allowable materials for collection through the City's
collection programs and the generator or customer has properly placed the materials for
collection pursuant to instructions provided by the City or its Designee for collection
services.
"Exclusive solid waste enterprise" means any agent or employee of the City or any agent
or employee of the person with whom the City shall have duly contracted under the terms
set forth in the chapter for exclusive solid waste handling services.
"Exclusive solid waste handling services" means an arrangement wherein one person
shall have the right to provide all the solid waste handling services, including the handling
of organic wastes and recyclable materials, within the City to the exclusion of all other
persons exceptforthe persons and under the situations expressly included in subsections
(b), (c), (d), (e), (f) and (g) of Section 6-3.06.
"Food Distributor" means a company that distributes food to entities including, but not
limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section
18982(a)(22). I
2
"Food Recovery" means actions to collect and distribute food for human consumption that
otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
"Food Recovery Organization" means an entity that engages in the collection or receipt
of Edible Food from Commercial Edible Food Generators and distributes that Edible Food
to the public for Food Recovery either directly or through other entities or as otherwise
defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(a) A food bank as defined in Section 113783 of the Health and Safety Code;
(b) A nonprofit charitable organization as defined in Section 113841 of the
Health and Safety code; and,
(c) A nonprofit charitable temporary food facility as defined in Section 113842
of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12
pursuant to 14 CCR Section 18982(a)(7).
"Food Recovery Service" means a person or entity that collects and transports Edible
Food from a Commercial Edible Food Generator to a Food Recovery Organization or
' other entities for Food Recovery, or as otherwise defined in 14 CCR Section
18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for
the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12
pursuant to 14 CCR Section 18982(a)(7).
"Food -Soiled Paper" is compostable paper material that has come in contact with food or
liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins,
pizza boxes, and milk cartons.
"Food Waste" means those discarded materials that will decompose and/or putrefy
including: all kitchen and table food waste; animal or vegetable waste that is generated
or results from the storage, preparation, cooking or handling of food stuffs, fruit waste,
grain waste, diary waste, meat, and fish waste, vegetable trimmings, houseplant
trimmings, food -soiled paper, and other compostable organic waste common to the
occupancy of residential or commercial premises, or as otherwise indicated by the
exclusive solid waste enterprise. Food waste is a subset of organic waste.
"Gray Container' has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall
be used for the purpose of storage and collection of Gray Container Waste.
"Gray Container Waste" means Solid Waste that is collected in a Gray Container that is
part of a three -container Organic Waste collection service that prohibits the placement of
' Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and
(b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
5
"Green Container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall I be used for the purpose of storage and collection of Source Separated Green Container
Organic Waste.
"Green Waste" means tree trimmings, grass cuttings, dead plants, leaves, branches, and
dead trees (not more than six (inches) in diameter or forty-eight (48) inches in length) and
similar organic materials.
"Grocery Store" means a store primarily engaged in the retail sale of canned food; dry
goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not
separately owned within the store where the food is prepared and served, including a
bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR
Section 18982(a)(30).
"Hazardous solid waste" means any of the following:
(a) Any substances defined, regulated or listed (directly or by reference) as
"hazardous substances," "hazardous materials," "hazardous wastes," "toxic waste,"
"pollutant" or "toxic substances" or similarly identified as hazardous to human health or
the environment, in or pursuant to:
seq.;
(1) The Comprehensive Environmental Response, Compensation and Liability
Act of 1980, 42 USC Section 9601 et seq.;
(2) The Hazardous Materials Transportation Act, 49 USC Section 5101, et seq.; '
(3) The Resource Conservation and Recovery Act, 42 USC Section 6901 et
(4) The Clean Water Act, 33 USC Section 1251 et seq.;
(5) California Health and Safety Code Sections 25115-25117, 25249.8, 25281,
and 25316;
(6) The Clean Air Act, 42 USC Section 7401 et seq.; and
(7) California Water Code Section 13050;
(b) Any amendments, rules or regulations promulgated thereunder to such
enumerated statutes or acts currently existing or hereafter enacted; and
(c) Any other hazardous or toxic substance, material, chemical, waste or
pollutant identified as hazardous or toxic or regulated under any other applicable Federal,
State or local laws or regulations currently existing or hereinafter enacted, including,
without limitation, friable asbestos, polychlorinated biphenyls ('PCBs"), petroleum, natural
gas and synthetic fuel products, and byproducts. I
' "High Diversion Organic Waste Processing Facility' means a facility that is in compliance
with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
annual average Mixed Waste organic content Recovery rate of 50 percent between
January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as
calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the
"Mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5);
or, as otherwise defined in 14 CCR Section 18982(a)(33).
"Large Event" means an event, including, but not limited to, a sporting event or a flea
market, that charges an admission price, or is operated by a local agency, and serves an
average of more than 2,000 individuals per day of operation of the event, at a location
that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot,
golf course, street system, or other open space when being used for an event. If the
definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14
CCR Section 18982(a)(38) shall apply to this chapter.
"Large Venue" means a permanent venue facility that annually seats or serves an
average of more than 2,000 individuals within the grounds of the facility per day of
operation of the venue facility. For purposes of this chapter and implementation of 14
CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public,
nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement
park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing
' arts center, fairground, museum, theater, or other public attraction facility. For purposes
of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under
common ownership or control that includes more than one Large Venue that is contiguous
with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR
Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section
18982(a)(39) shall apply to this chapter.
"Local Education Agency" means a school district, charter school, or county office of
education that is not subject to the control of city or county regulations related to Solid
Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
"Multi -Family Residential Dwelling" or "Multi -Family" means of, from, or pertaining to
residential premises with five (5) or more dwelling units. Multi -Family premises do not
include hotels, motels, or other transient occupancy facilities, which are considered
Commercial Businesses.
"Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic
material that will not breakdown in the composting process, or as otherwise defined in 14
CCR Section 18982(a)(41).
"Non -Organic Recyclables" means non-putrescible and non -hazardous recyclable wastes
including but not limited to bottles, cans, metals, plastics and glass, or as otherwise
' defined in 14 CCR Section 18982(a)(43).
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"Organic Waste" means Solid Wastes containing material originated from living
organisms and their metabolic waste products, including but not limited to food, green '
material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper
Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as
otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as
defined by 14 CCR Section 18982(a). Organic waste includes Green Waste and Food
Waste.
"Organic Waste' Generator" means a person or entity that is responsible for the initial
creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
"Paper Products" include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling,
or as otherwise defined in 14 CCR Section 18982(a)(51).
"Printing and. Writing Papers" include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated
writing papers, posters, index cards, calendars, brochures, reports, magazines, and
publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
"Person" shall mean any solid waste enterprise, individual, partnership, joint venture, firm,
corporation, nonprofit corporation, association, organization, unincorporated private or '
public organization, or any other combination or entity.
"Prohibited Container Contaminants" means the following: (i) discarded materials placed
in the Blue Container that are not identified as acceptable Source Separated Recyclable
Materials for City's Blue Container; (ii) discarded materials placed in the Green Container
that are not identified as acceptable Source Separated Green Container Organic Waste
for the City's Green Container; (iii) discarded materials placed in the Gray Container that
are acceptable Source Separated Recyclable Materials and/or Source Separated Green
Container Organic Wastes to be placed in City's Green Container and/or Blue Container;
and, (iv) Excluded Waste placed in any container.
"Recyclable material" means that solid waste capable of being recycled, reprocessed,
transformed and reused including, but not limited to, those materials defined by the City
for the purpose of placement by generators in proper containers and collection by the
exclusive solid waste enterprise and may be modified form time to time when requested
by the exclusive solid waste enterprise and approved by the City. These materials include
glass, newspaper, aluminum, cardboard, certain plastics or metal. newsprint (including
inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated
cardboard, Kraft brown bags and paper, paperboard, paper egg cartons, office ledger
paper, and telephone books); glass containers, aluminum beverage containers; small
scrap and cast aluminum (not exceeding ten (10) pounds in weight nor two (2) feet in any
dimension for any single item); steel including "tin" cans and small scrap (not exceeding '
ten (10) pounds in weight nor two (2) feet in any dimension for any single item); steel
including "tin" cans and small scrap; bimetal containers, metal foil; mixed plastics such as
' plastic containers (1-7); and bottles, including containers made of HDPE, LDPE, PET, or
PVC, that are California Redemption Value (CRV) labeled. This definition excludes all
Food Waste.
"Recyclable solid waste" shall mean all solid waste which can be recycled and which is
separated from other solid waste for the purpose of being recycled such as, but not limited
to, aluminum, cardboard, glass, metal, newspaper, paper, and plastic.
"Recycle" or "recycling" shall mean the process of collecting, transferring, sorting,
cleansing, treating, and reconstituting materials that would otherwise become solid waste,
and returning them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products which meet the quality standards necessary to be used
in the marketplace.
"Remote Monitoring" means the use of the internet of things (IoT) and/or wireless
electronic devices to visualize the contents of Blue Containers, Green Containers, and
Gray Containers for purposes of identifying the quantity of materials in containers (level
of fill) and/or presence of Prohibited Container Contaminants.
"Restaurant" means an establishment primarily engaged in the retail sale of food and
drinks for on -premises or immediate consumption, or as otherwise defined in 14 CCR
Section 18982(a)(64).
' "Reuse" shall mean further or repeated use of construction and demolition debris.
"SB 1383" means Senate Bill 1383 of 2016, establishing methane emissions reduction
targets in a Statewide effort to reduce emissions of short-lived climate pollutants as
amended, supplemented, superseded, and replaced from time to time.
"SB 1383 Regulations" means or refers to, for the purposes of this ordinance, the Short -
Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle
and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions
of regulations of 14 CCR and 27 CCR.
"Self -hauler' means any person or entity that, pursuant to Section 6-3.06.01, provides for
the collection, transportation and disposal of organic waste, recyclable materials, and
other solid waste generated by his/her/its own premises. Self -hauler also includes a
person who back -hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66).
Back -haul means generating and transporting Organic Waste to a destination owned and
operated by the generator using the generator's own employees and equipment, or as
otherwise defined in 14 CCR Section 18982(a)(66)(A).
"Single -Family" means of, from, or pertaining to any residential premises with fewer than
five (5) units.
' "Solid waste" shall mean and include all discarded putrescible and nonputrescible solid,
semisolid, and liquid wastes, including garbage, trash, refuse, rubbish, construction
waste, industrial waste, commercial solid waste, bulky items, manure, and any other
discarded solid, semisolid, and liquid waste permitted to be disposed of at a Class III '
landfill and which are included within the definition of "Nonhazardous Solid Waste" set
forth in the California Code of Regulations, as it may be amended from time to time. Solid
waste does not include hazardous (Class 1) waste, low-level radioactive waste, untreated
medical waste, or special solid waste.
"Solid Waste Coordinator" shall mean the Solid Waste Coordinator of the City or such
other designee of the City charged with coordinating, monitoring, controlling or regulating
municipal solid waste.
"Solid waste enterprise" shall mean any person regularly engaged in the business of
providing solid waste handling services.
"Solid waste handling services" shall mean the collection, transfer, transport, recycling,
processing, and disposal of solid waste for premises within the City.
"Source Separated" means materials, including commingled recyclable materials, that
have been separated or kept separate from the solid waste stream, at the point of
generation, for the purpose of additional sorting or processing those materials for
recycling or reuse in order to return them to the economic mainstream in the form of raw
material for new, reused, or reconstituted products, which meet the quality standards
necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section
17402.5(b)(4).. '
"Source Separated Blue Container Organic Waste" means Source Separated Organic
Waste that can be placed in a Blue Container that is specifically intended for the separate
collection of Organic Waste by the generator that is limited to the collection of those
Organic Wastes and Non -Organic Recyclables, including unsoiled Paper Products as well
as Printing and Writing Products and excluding Food Waste.
"Source Separated Green Container Organic Waste" means Source Separated Organic
Waste that can be placed in a Green Container that is specifically intended for the
separate collection of Organic Waste by the generator, excluding Source Separated Blue
Container Organic Waste.
"Source separated organic waste collection stream" has the same meaning as defined
in Section 17402(a)(26.6).
"Source Separated Recyclable Materials" means Source Separated Non -Organic
Recyclables and Source Separated Blue Container Organic Waste.
"Special solid waste" shall mean wastes other than solid waste including sewage, sludge,
industrial sludge, asbestos, auto bodies, tires, used motor oil, hazardous solid waste,
animal carcasses, dead animals, and/or parts or portions of dead animals, explosive
substances, radioactive materials, and other materials which may not be disposed of at
a Class III landfill, or which require special handling. I
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' "Supermarket' means a full -line, self-service retail store with gross annual sales of two
million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods,
or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section
18982(a)(71).
"Tier One Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one of the following:
(a) Supermarket.
(b) Grocery Store with a total facility size equal to or greater than 10,000
square feet.
(c) Food Service Provider.
(d) Food Distributor.
(e) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible
Food Generator differs from this definition, the definition in 14 CCR Section
18982(a)(73) shall apply to this ordinance.
' 'Tier Two Commercial Edible Food Generator' means a Commercial Edible Food
Generator that is one of the following:
(a) Restaurant with 250 or more seats, or a total facility size equal to or
greater than 5,000 square feet.
(b) Hotel with an on-site Food Facility and 200 or more rooms.
(c) Health facility with an on-site Food Facility and 100 or more beds.
(d) Large Venue.
(e) Large Event.
(f) A State agency with a cafeteria with 250 or more seats or total cafeteria
facility size equal to or greater than 5,000 square feet.
(g) A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible
Food Generator differs from this definition, the definition in 14 CCR Section
18982(a)(74) shall apply to this ordinance.
' "Universal waste," sometimes called U -waste, are any of the wastes that are listed in
Section 66261.9 of Division 4.5 of Title 22 of the California Code of Regulations. California
universal wastes include:
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(1) Batteries. Includes AAA, AA, C, D, button cell, 9 -volt, both rechargeable and '
single use. (Automotive type batteries are not universal waste. However, when they
become waste, they are banned from the trash.)
(2) Fluorescent lamps and tubes. Includes fluorescent tubes, compact
fluorescent lamps, metal halide lamps, sodium vapor lamps, high intensity discharge
(HID) lamps, and neon bulbs.
(3) Thermostats. There is mercury inside the sealed glass "tilt switch" of the old
style thermostats (not the newer electronic kind).
(4) Electronic devices. Includes televisions and computer monitors, computers,
printers, VCRs, cell phones, telephones, and radios.
(5) Electrical switches. Some electrical switches and relays contain mercury.
Such mercury switches can be found in some chest freezers, pre -1972 washing
machines, sump pumps, electric space heaters, clothes irons, silent light switches,
automobile hood and trunk lights, and ABS brakes.
(6) Pilot light sensors. Mercury -containing switches associated with pilot light
sensors are found in some gas appliances such as stoves, ovens, clothes dryers, water
heaters, furnaces and space heaters.
(7) Mercury gauges. Some gauges, such as barometers, manometers, blood '
pressure, and vacuum gauges contain mercury.
(8) Mercury added novelties. Examples include greeting cards that play music
when opened; athletic shoes (made before 1997) with flashing lights in soles; and
mercury maze games.
(9) Mercury thermometers. Mercury thermometers typically contain about one-
half gram of mercury.
(10) Non -empty aerosol cans that contain hazardous materials. Many products
in aerosol cans are toxic. And many aerosol cans contain flammables, like butane, as
propellants for products like paint. If your aerosol can is labeled with words like TOXIC or
FLAMMABLE don't put it in the trash unless it completely empty.
"Wholesale Food Vendor" means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables) is received,
shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other
destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
SEC. 6-3.04. Authorization to enter into an agreement for exclusive solid waste
handling services.
(a) The City may enter into a contract providing for exclusive solid waste '
handling services within the City on whatever terms the City considers appropriate. Said
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' contract for exclusive solid waste handling services shall be in writing. The person with
whom the city enters into said exclusive solid waste handling contract is referred to in this
chapter as the exclusive solid waste enterprise, and said person shall have the exclusive
right to perform all solid waste handling services within the City.
(b) The exclusive solid waste enterprise providing residential, commercial, or
industrial Organic Waste collection services to generators within the City's boundaries
shall meet the following requirements and standards as a condition of approval of a
contract, agreement, or other authorization with the City to collect Organic Waste:
(1) Identify the facilities to which it will transport Organic Waste including
facilities for Source Separated Recyclable Materials and Source Separated Green
Container Organic Waste.
(2) Transport Source Separated Recyclable Materials and Source Separated
Green Container Organic Waste to a facility, operation, activity, or property that recovers
Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(3) Obtain approval from the City to haul Organic Waste, unless it is
transporting Source Separated Organic Waste to a Community Composting site or
lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, the
City's C&D requirements in Sections 6-3.08.01 to 6-3.08.09 of this chapter, and the
' exclusive solid waste handling contract.
(c) The exclusive solid waste enterprise shall comply with education,
equipment, signage, container labeling, container color, contamination monitoring,
reporting, and other requirements contained within its exclusive solid waste handling
contract entered into with the City.
(d) Rate structure. The rates charged by the exclusive solid waste enterprise
for the solid waste handling services shall be as set forth in the schedule of rates and
charges which shall be mutually agreed upon by the City and the exclusive solid waste
enterprise in the exclusive solid waste handling services contract.
(e) Rate increases. Annual rate increases may be granted as set forth in the
exclusive solid waste handling services contract between the City and the exclusive solid
waste enterprise. In the event of an annual increase, the Solid Waste Coordinator shall
annually publish a revised schedule of rates and charges for solid waste handling
services.
SEC. 6-3.04.01. Requirements for facility operators and community composting
operations.
(a) Owners of facilities, operations, and activities that recover Organic Waste,
' including, but not limited to, compost facilities, in -vessel digestion facilities, and publicly -
owned treatment works shall, upon the City's request, provide information regarding
available and potential new or expanded capacity at their facilities, operations, and
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activities, including information about throughput and permitted capacity necessary for '
planning purposes. Entities contacted by the City shall respond within sixty (60) days.
(b) Community Composting operators, upon the City's request, shall provide
information to the City to support Organic Waste capacity planning, including, but not
limited to, an estimate of the amount of Organic Waste anticipated to be handled at the
Community Composting operation. Entities contacted by the City shall respond within
sixty (60) days
SEC. 6-3.06. Liability insurance and bond requirements.
The exclusive solid waste enterprise shall provide both a surety bond and liability
insurance protection in an amount to be agreed upon in the exclusive solid waste handling
services contract and also acceptable to the office of the City Attorney.
SEC. 6-3.06. Collection by persons other than the exclusive solid waste
enterprise.
(a) Except for the exclusive solid waste enterprise and except for any person
described in subsections (b), (c), (d), (e), (f), (g) and (h) of this section, it is unlawful for
any person to engage in solid waste handling services within the City.
(b) A person that obtains a self -hauler permit in accordance with this chapter.
(c) The owner, tenant, or occupant of residential or commercial business within '
the City that has subscribed for and is receiving solid waste handling services from the
exclusive solid waste enterprise, when such owner, tenant or occupant is collecting
materials generated at his or her own premises for delivery to a lawful disposal, high -
diversion waste processing facility, or recycling facility. This exemption does not permit
the hiring of any person or entity, other than the exclusive solid waste enterprise, to collect
solid waste from one's own premises. One who collects materials generated at his or her
own premises in this way must comply with the requirements of Section 6-106.01(c).
(d) The collection, transportation and disposal of construction and demolition
debris by a contractor, handyman, repairman or other similar service provider as an
incidental part of the services provided to its customers rather than as a hauling service,
provided that such solid waste is not collected by a third parry hired for the primary
purpose of collecting said materials, and further provided that such services comply with
any ordinances, policies and regulations of the City relating to the collection of such
materials.
(e) The collection of yard waste, green waste and related solid waste by a
gardener or landscaper as an incidental part of the gardening or landscaping services
provided to its customers, rather than as a hauling service, provided that such solid waste
is not collected by a third party hired for the primary purpose of collecting said materials,
and further provided that such gardener or landscaper transport these materials to a '
permitted compost or organics recycling facility. Gardeners and landscapers shall identify
their disposal facilities annually with renewal of their City Business License.
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' (f) Any person or entity collecting recyclable material sold or donated (inclusive
of food donations to Food Recovery Organizations) to it by the person or entity that
generated such recyclable material (the "generator") provided, however, to the extent
permitted by law, if the generator is required to pay monetary or nonmonetary
consideration for the collection, transportation, transfer or processing of recyclable
material, the fact that the generator receives a reduction or discount in price therefor (or
in other terms of the consideration the generator is required to pay) shall not be
considered a sale or donation.
(g) The collection, transportation or disposal of solid waste by City employees
in the course and scope of their employment with the City.
(h) Any person may transport solid waste over City streets provided they
comply with the provisions of this chapter and with any other governing laws, and provided
further they do not engage in any solid waste handling services within the City.
Sec. 6-3.06.02 Self -haulers.
(a) Each self -hauler shall obtain a permit from the office of the City Manager.
(b) All self -haulers holding a self -hauler permit and operating in accordance
with this chapter are only permitted to collect, transport, and dispose of solid waste
' generated by and upon the self-hauler's own premises. Under no circumstances may a
self -hauler collect, transport or dispose of solid waste generated upon premises that are
not owned, operated, resided upon, or controlled by the self -hauler. Notwithstanding any
other provision of this chapter, self -haulers shall not be permitted to share, place solid
waste in, or to otherwise use the bin, cart, rolloff box, or other container of another person
or business.
(c) All self -haulers operating in accordance with this chapter shall comply with
the City's recyclables and organic waste program as follows:
(1) All self -haulers shall source separate all recyclable materials and
Organic Waste (materials that the City otherwise requires generators to
separate for collection in the City's source separated three -container solid waste
handling services) generated on-site from other Solid Waste in a manner
consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic
Waste to a High Diversion Organic Waste Processing Facility as specified in 14
CCR Section 18984.3.
(2) All self -haulers shall haul their Source Separated Recyclable
Materials to a facility that recovers those materials; and haul their Source
Separated Green Container Organic Waste to a Solid Waste facility, operation,
activity, or property that processes or recovers Source Separated Organic
' Waste. Alternatively, self -haulers may haul Organic Waste to a High Diversion
Organic Waste Processing Facility.
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(3) Self -haulers that are Commercial Businesses, including Multi- '
Family Residential Dwellings, shall keep a record of the amount of Organic
Waste delivered to each Solid Waste facility, operation, activity, or property that
processes or recovers Organic Waste; this record shall be subject to Inspection
by the City. The records shall include the following information:
(A) Delivery receipts and weight tickets from the entity accepting the waste.
(B) The amount of material in cubic yards or tons transported by the generator
to each entity.
(C) If the material is transported to an entity that does not have scales on-site
or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows
it to determine the weight of materials received, the Self -hauler is not required torecord
the weight of material but shall keep a record of the entities that received the Organic
Waste.
(4) Self -haulers that are Commercial Businesses, including Multi -Family Self -
Haulers, shall provide information collected in subdivision (c)(3) to the City no less
frequently than every twelve (12) months, beginning January 1, 2022.
(5) A residential Organic Waste Generator that self -hauls Organic Waste is not
required to record or report information in subdivision (c)(3) and (c)(4).
(d) Permit specific requirements. All self -haulers shall subscribe to the following
I
permit specific requirements:
(1) Residential self -hauler permits. The owner, tenant, or occupant of
a residential premises within the City shall be granted a self -hauler permit by
the City Manager for such premises upon request, and after: (i) submitting a
form that includes the address of the premises in question; and (ii)
demonstrating that arrangements have been made for the return of any
containers belonging to the City's solid waste franchisee. The self -hauler permit
for a residential premises shall remain effective for such premises until cancelled
by the owner, tenant, or occupant of such premises, or unless revoked by the
City Manager. The City Manager may revoke such a self -hauler permit issued
for a residential premises if he or she finds that the permit holder is not
reasonably disposing of solid waste at a legally permitted facility, is
unreasonably allowing solid waste to accumulate at the residential premises in
question, is not in compliance with the City's recyclables and organic waste
program requirements in subsection (c), or is in any way handling solid waste in
such a manner as to endanger public health or safety.
(2) Nonresidential self -hauler permits. A self -hauler permit for any premises
that is not a residential premises shall be in accord with the following provisions: I (A) Applications and renewals.
16
' (i) Self -haulers must renew their permit at the commencement of each
calendar year. The application for a self -hauler permit, whether upon initial application or
renewal, shall include the following:
a. A list of all bins, carts, rolloff boxes, and other containers to be used by the
self -hauler;
b. A list of all transportation and disposal equipment to be used by the self -
hauler;
C. A written explanation of where all solid waste will be delivered for disposal
and diversion;
d. A written plan explaining to the reasonable satisfaction of the City Manager
how not less than seventy-five (75) percent of solid waste collected will be diverted from
disposal in compliance with AB 341 and SB 1383; and
e. Any other information deemed necessary by the City Manager to ensure
protection of public health, safety and sanitary needs.
(ii) Applications to renew a self -hauler permit shall include:
a. Receipts from self -hauling activities undertaken in the prior year
' demonstrating that the applicant has effectively diverted at least seventy-five (75) percent
of all solid waste collected at its premises from landfills in a manner that complies with
the requirements of AB 341 and SB 1383; and
b. Receipts from self -hauling activities undertaken in the prior year
demonstrating that the applicant has delivered solid waste collected from its. premises to
appropriate disposal or recycling facilities at least as frequently as collection is required
for such self -hauler by the City Manager.
(iii) The City Manager or his or her designee shall approve the application for a
self -hauler permit if it meets the requirements of this section, and if the equipment,
containers, diversion plan, and disposal plan are to his or her reasonable satisfaction,
and if evidence of past diversion and disposal requirements demonstrate the applicant
has complied with the seventy-five (75) percent diversion requirement, as applicable, and
otherwise complied with all laws related to disposal of solid waste.
(B) Containers. Each self -hauler shall provide its own bins, carts, rolloff boxes,
or other containers. Bins, carts, rolloff boxes or other containers utilized by a self -hauler
must conform to industry standards for solid waste disposal and must be approved by the
City Manager in writing prior to issuance of a self -hauler permit. In addition, any containers
utilized by a self -hauler shall comply with the following requirements:
' (i) All containers shall be maintained in good repair, and any question as to the
meaning of this standard shall be resolved by the City Manager;
17
(ii) All containers shall be maintained in a sealed, watertight condition; '
(iii) Self -haulers shall remove any graffiti that appears on containers within
twenty-four (24) hours after becoming aware of it.
(C) Collection and transport equipment. Collection and transport equipment,
including, but not limited to, transport trucks and vehicles, utilized by a self -hauler must
be approved by the City Manager or his or her designee in writing prior to issuance of a
self -hauler permit.
(D) Non-commercial venture. It is the intent of this chapter to prevent and
proscribe self -hauling activities undertaken as a commercial enterprise. Self -haulers must
obtain all equipment, including containers and collection and transportation equipment,
at a fair market value that does not include any hauling services, "free" or otherwise. A
self -hauler may utilize its own employees to undertake self -hauling activities, but under
no circumstance may a self -hauler utilize an independent contractor or any other person
or entity for solid waste collection services other than the exclusive solid waste enterprise.
(E) Other recycling obligations. Self -haulers shall recycle all recyclable
materials not otherwise addressed by this section to a degree and in a manner consistent
with standards generally applicable to the solid waste industry and as required by State
law.
(F) Collection frequency. Unless otherwise specifically provided in this chapter, '
self -haulers shall remove solid waste from their premises at least once per week.
However, upon application to the City for a self -hauler permit, the City Manager or
designee may determine a different frequency for solid waste collection, transport and
disposal from the self-hauler's premises. This determination shall be based upon the
nature of the premises, the type of solid waste generated by the premises, and the
collection capacity of the self -hauler as demonstrated by information in the application.
(G) Hazardous and special solid waste. Unless lawfully and currently licensed
under State, Federal and local laws, no self -hauler shall engage in the collection,
transport or disposal of hazardous solid waste or special solid waste.
(H) Revocation. The City Manager may revoke a self -hauler permit if the
permittee:
(i) Fails to divert at least seventy-five (75) percent of all solid waste collected
from its premises from landfills in a manner that complies with the requirements of AB
939, AB 341, and SB 1383;
(ii) Fails to deliver solid waste collected from its premises to appropriate
disposal or recycling facilities at least as frequently as collection is required for such self -
hauler by the City Manager; or
(iii) Fails to comply with the City's recyclables and organic waste program '
requirements outlined in subsection (c).
iu
(iv) Fails to comply with any other section in this code or other applicable law
regarding the collection, hauling, transportation, or disposal of solid waste.
SEC. 6-3.07. Recyclable solid waste.
(a) Ownership of recyclable solid waste. Upon placement of recyclable solid
waste at a designated recycling collection location, such recyclable solid waste shall
become the property of the authorized recycling contractor.
(b) Collection by persons other than the authorized recycling contractor. Except
for the authorized recycling contractor, it is unlawful for any person, including, but not
limited to, the exclusive solid waste enterprise, to collect recyclable solid waste from a
designated recycling collection station.
(c) Right of individual to dispose of recyclable solid waste. Nothing in this
chapter shall limit the right of any person to donate, sell or otherwise dispose of recyclable
solid waste, provided that any such disposal is in accordance with the provisions of this
chapter.
(d) Civil action by authorized recycling contractor. Nothing in this chapter shall
be deemed to limit the right of an authorized recycling contractor to bring a civil action
against any person who violates subsection (b) of this section, nor shall a conviction for
' such violation exempt any person from a civil action brought by an authorized recycling
center.
SEC. 6-3.08. Requirements for organic waste generators—Collection.
(a) Arrangements for removal of solid waste mandatory. Except as otherwise
provided in this chapter, the owner, property manager, tenant and/or person in charge or
control of each residential premises and each commercial business in the City shall either:
(1) Subscribe to the City's three -container solid waste handling services with
the exclusive solid waste enterprise; or
(2) Register as a self -hauler, obtain, and keep current a self -hauler permit as
set forth in this chapter in connection with said premises.
(b) Single -Family Organic Waste Generators, except Single -Family generators
that meet the self -hauler requirements in Section 6-3.06.01, shall comply with the
following requirements:
(1) Generator shall subscribe to City's solid waste handling services for all
Organic Waste generated as described below in subsection (b)(2). The City and the
exclusive solid waste enterprise shall have the right to review the number and size of a
generator's containers to evaluate adequacy of capacity provided for each type of
' collection service for proper separation of materials and containment of materials; and,
Single -Family generators shall adjust its service level for its collection services as
requested by the City or the exclusive solid waste enterprise. Generators may additionally
19
manage their Organic Waste by preventing or reducing their Organic Waste, managing I Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR
Section 18984.9(c).
(2) Generators shall participate in the City's solid waste collection services by
placing Source Separated Green Container Organic Waste, including Food Waste, in the
Green Container; Source Separated Recyclable Materials in the Blue Container; and
Gray Container Waste in the Gray Container. Generators shall not place materials
designated for the Gray Container into the Green Container or Blue Container and shall
not place Prohibited Container Contaminants in collection containers.
(c) Generators that are Commercial Businesses, including Multi -Family
Residential Dwellings, shall comply with the following requirements:
(1) Except Commercial Businesses that meet the self -hauler requirements in
Section 6-3.06.01, Commercial Businesses shall subscribe to the City's three -container
solid waste handling services and comply with the requirements of those services
described in subsection (c)(2). The City and the exclusive solid waste enterprise shall
have the right to review the number and size of a generator's containers and frequency
of collection to evaluate adequacy of capacity provided for each type of collection service
for proper separation of materials and containment of materials; and, Commercial
Businesses shall adjust their service level for their collection services as requested by the
City or exclusive solid waste enterprise. '
(2) Except Commercial Businesses that meet the self -hauler requirements in
Section 6-3.06.01., Commercial Businesses shall participate in the City's solid waste
collection services by placing Source Separated Green Container Organic Waste,
including Food Waste, in the Green Container; Source Separated Recyclable Materials
in the Blue Container; and Gray Container Waste in the Gray Container. Generator shall
not place materials designated for the Gray Container into the Green Container or Blue
Container, and shall not place Prohibited Container Contaminants in collection
containers.
(3) Commercial Businesses shall supply and allow access to adequate
number, size and location of collection containers with sufficient labels or colors
(conforming with subsections (c)(4)(A) and (c)(4)(B) below) for employees, contractors,
tenants, and customers, consistent with City's three -container solid waste handling
services or, if self hauling, per the Commercial Businesses' instructions to support its
compliance with its self -haul program, in accordance with Section 6-3.06.01.
(4) Commercial Businesses, excluding Multi -Family Residential Dwellings,
shall provide containers for the collection of Source Separated Green Container Organic
Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where
disposal containers are provided for customers, for materials generated by that business.
Such containers do not need to be provided in restrooms. If a Commercial Business does ,
not generate any of the materials that would be collected in one type of container, then
the business does not have to provide that particular container in all areas where disposal
011
' containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the
containers provided by the business shall have either:
(A) A body or lid that conforms with the container colors provided through the
collection service provided by the exclusive solid waste enterprise, with either lids
conforming to the color requirements or bodies conforming to the color requirements or
both lids and bodies conforming to color requirements. A Commercial Business is not
required to replace functional containers, including containers purchased prior to January
1, 2022, that do not comply with the requirements of the subsection prior to the end of the
useful life of those containers, or prior to January 1, 2036, whichever comes first.
(B) Container labels that include language or graphic images, or both, indicating
the primary material accepted and the primary materials prohibited in that container, or
containers with imprinted text or graphic images that indicate the primary materials
accepted and primary materials prohibited in the container. Pursuant 14 CCR Section
18984.8, the container labeling requirements are required on new containers
commencing January 1, 2022.
(5) Multi -Family Residential Dwellings are not required to comply with container
placement requirements or labeling requirement in subsection (c)(4) pursuant to 14 CCR
Section 18984.9(b).
' (6) Commercial Businesses, excluding Multi -Family Residential Dwellings,
shall, to the extent practical through education, training, inspection, and/or other
measures, prohibit employees from placing materials in a container not designated for
those materials per the City's three -container solid waste handling services or, if self -
hauling, per the Commercial Businesses' instructions to support its compliance with its
self -haul program, in accordance with Section 6-3.06.01.
(7) Commercial Businesses, excluding Multi -Family Residential Dwellings,
shall periodically inspect Blue Containers, Green Containers, and Gray Containers for
contamination and inform employees if containers are contaminated and of the
requirements to keep contaminants out of those containers pursuant to 14 CCR Section
18984.9(b)(3).
(8) Commercial Businesses shall annually provide information to employees,
contractors, tenants, and customers about Organic Waste Recovery requirements and
about proper sorting of Source Separated Green Container Organic Waste and Source
Separated Recyclable Materials.
(9) Commercial Businesses shall provide education information before or
within fourteen (14) days of occupation of the premises to new tenants that describes
requirements to keep Source Separated Green Container Organic Waste and Source
Separated Recyclable Materials separate from Gray Container Waste (when applicable)
' and the location of containers and the rules governing their use at each property.
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(10) Commercial Businesses shall provide or arrange access for the City or its I agent to their properties during all inspections requested by the City to confirm
compliance with the requirements of this chapter.
(11) If the City institutes a Remote Monitoring program, which may be
implemented at a later date, Commercial Businesses shall accommodate and cooperate
with the City's Remote Monitoring program for inspection of the contents of containers for
Prohibited Container Contaminants to evaluate generator's compliance with this Section.
The Remote Monitoring program shall involve installation of Remote Monitoring
equipment on or in the Blue Containers, Green Containers, and Gray Containers.
(12) Commercial Businesses may, at Commercial Business's option and subject
to any approval required from the City, implement a Remote Monitoring program for
inspection of the contents of its Blue Containers, Green Containers, and Gray Containers
for the purpose of monitoring the contents of containers to determine appropriate levels
of service and to identify Prohibited Container Contaminants. Generators may install
Remote Monitoring devices on or in the Blue Containers, Green Containers, and Gray
Containers subject to written notification to or approval by the City or its Designee.
(13) If a Commercial Business wants to self -haul pursuant to subsection (a)(2),
it must meet the self -hauler requirements in Section 6-03.06.01 of this chapter.
(14) Nothing in this Section prohibits a generator from preventing or reducing I waste generation, managing Organic Waste on site, or using a Community Composting
site pursuant to 14 CCR Section 18984.9(c).
(15) Commercial Businesses that are Tier One or Tier Two Commercial Edible
Food Generators shall comply with Food Recovery requirements, pursuant to Section 6-
3.12.
(d) The City, in its sole discretion, may elect to comply with the requirements of
SB 1383 through a performance-based compliance approach. If the City elects to follow
a performance-based compliance approach, organic waste generators shall automatically
be enrolled in the City's three -container solid waste handling services as follows:
(1) Single -Family Organic Waste Generators, except Single -Family generators
that meet the self -hauler requirements in Section 6-3.06.01 of this chapter shall be
automatically enrolled in the City's three -container solid waste handling services with a
minimum Source Separated Recyclable Materials service level of thirty-five (35) gallons
per week, and with a minimum Source Separated Green Container Organic Waste
service level of thirty-five (35) gallons per week, in accordance with the exclusive solid
waste handling contract The city shall have the authority to change this minimum required
levels of service over time. The City and the exclusive solid waste enterprise shall have
the right to review the number, size, and location of a generator's containers to evaluate
adequacy of capacity provided for each type of collection service for proper separation of
materials and containment of materials; and, generator shall adjust its service level for its
collection services as requested by the City or the exclusive solid waste enterprise.
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' (2) Except Commercial Businesses that meet the self -hauler requirements in
Section 6-3.06.01 of this chapter, Commercial Businesses, including Multi -Family
Residential Dwellings, shall be automatically enrolled in the City's three -container solid
waste handling services with a Source Separated Recyclable Materials service level of
thirty-five (35) gallons per week, and with a minimum Source Separated Green Container
Organic Waste service level of thirty-five (35) gallons per week, in accordance with the
exclusive solid waste handling contract. The City shall have the authority to change the
minimum required service levels over time. The Commercial Business's Source
Separated Recyclable Materials service level and Source Separated Green Container
Organic Waste service level must be sufficient for the amount of Source Separated
Recyclable Materials and Source Separated Green Container Organic Waste generated
by the Commercial Business. The City and exclusive solid waste enterprise shall have
the right to review the number, size, and location of a generator's containers and
frequency of collection to evaluate adequacy of capacity provided for each type of
collection service for proper separation of materials and containment of materials; and,
Commercial Business shall adjust its service level for its collection services as requested
by the City or exclusive solid waste enterprise .
(e) The City, at its sole discretion and in accordance with the SB 1383
Regulations, may elect to provide any, all, or none of the waivers listed below in
subsections (e)(1) through (3).
' (1) De Minimis Waivers. The City may waive a Commercial Business's
obligation (including Multi -Family Residential Dwellings) to comply with some or all of the
Organic Waste requirements of this chapter if the Commercial Business provides
documentation, or if the City has evidence demonstrating, that the business generates
below a certain amount of Organic Waste material as described in subsection (e)(1)(B)
below. If the City has sufficient evidence demonstrating that a commercial business
generates below a certain amount of organic waste material as described below, it shall
verify that the commercial businesses' organic waste generation meets the threshold
without the receipt of a waiver application as described herein. As part of the organic
waste generation verification process, the City may request documentation from the
commercial business as described herein.
Commercial Businesses requesting a de minimis waiver shall:
(A) Submit an application specifying the services that they are requesting a
waiver from and provide documentation as noted in subsection (e)(1)(B) below.
(B) Provide documentation that either:
(i) The Commercial Business's total solid waste collection service is two cubic
yards or more per week and Organic Waste subject to collection in a Blue Container or
Green Container comprises less than 20 gallons per week per applicable container of the
' business's total waste; or
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(ii) The Commercial Business's total solid waste collection service is less than '
two cubic yards per week and Organic Waste subject to collection in a Blue Container or
Green Container comprises less than 10 gallons per week per applicable container of the
business's total waste.
(C) Notify the City if circumstances change such that Commercial Business's
Organic Waste exceeds the threshold required for waiver, in which case such waiver will
be rescinded.
(D) Provide written verification of eligibility for de minimis waiver every 5 years,
if City has approved the de minimis waiver.
(2) Physical Space Waivers. The City may waive a Commercial
Business's or property owner's obligations (including Multi -Family Residential
Dwellings) to comply with some or all of the recyclable materials and/or Organic
Waste collection service requirements if the City has evidence from its own staff,
the exclusive solid waste enterprise, a licensed architect, or a licensed engineer
demonstrating that the premises lacks adequate space for the collection
containers required for compliance with the Organic Waste collection
requirements of subsection (c). A Commercial Business or property owner may
request a physical space waiver through the following process:
(A) Submit an application form specifying the type(s) of collection services for I which they are requesting a compliance waiver.
(B) Provide documentation that the premises lacks adequate space for Blue
Containers and/or Green Containers including documentation from the exclusive solid
waste enterprise, a licensed architect, or a licensed engineer.
(C) Provide written verification to City that it is still eligible for the physical space
waiver every five years, if the City has approved the application for a physical space
waiver.
Sec. 6-3.08.01 Minimum construction and demolition debris diversion
requirements.
California's Green Building Standards Code (CALGreen) requires the diversion of a
minimum percentage of the construction waste generated during most construction and
demolition projects (CALGreen Sections 4.408, 4.410.2, 5.408, 5.410.1 and 5.713.8).
Every demolition, remodeling, and construction project subject to this chapter shall
recycle, reuse, or divert from the landfills or disposal sites the minimum amounts required
by the then applicable version of CALGreen as adopted and amended by the City.
Sec. 6-3.08.02 Condition precedent to issuance of building or demolition
permit.
Prior to the issuance of any building or demolition permit, every applicant shall submit to ,
the Solid Waste Coordinator of the City or such City staff that the City Manager may
24
' designate, a properly completed 'Recycling and Waste Reduction Form," on a form as
prescribed by the Solid Waste Coordinator. The form shall contain an accurate estimate
of the tonnage or other specified units of construction and demolition debris to be
generated from the construction, demolition or remodeling project. An applicant shall not
be issued a building or demolition permit until the Solid Waste Coordinator accepts the
Recycling and Waste Reduction Form as complete and accurate. Such form shall also
include all information required by the applicable version of the California Green Building
Standards Code.
Sec. 6-3.08.03 Exemptions.
(a) The following projects are exempt from the requirements of Section 6-
3.08.02 but shall still comply with the California Green Building Standards Code, as
applicable.
(1) Work for which only a plumbing, electrical, or mechanical permit is required.
(2) Seismic tie -down projects.
(3) Installation of prefabricated patio enclosures and covers when no
foundation or other structural building modifications are required.
' (4) Installation of prefabricated accessories such as signs or antennas where
no structural building modifications are required.
(5) Projects, which involve a roof, but the tear -off of the existing roof, is not
required.
(6) The construction of new fencing.
(7) Construction or demolition work that the Solid Waste Coordinator
determines will not produce construction or demolition waste.
(b) If an applicant for a project wants to obtain an exemption for that project,
then the applicant shall file with the City an application for exemption. The applicant shall
comply with the following:
(1) The application shall be filed with the Solid Waste Coordinator.
(2) The application will state the facts and reasons supporting the exemption.
(c) The Solid Waste Coordinator shall review each application for exemptions
and determine whether an exemption is allowed by this section and communicate that
decision to the applicant.
I
Sec. 6-3.08.04 Deposit of security required.
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As a part of any application for, and prior to the issuance of, any building or demolition '
permit required for any project subject to Section 6-3.08.02, every applicant shall post a
security deposit in the amount determined in accordance with the then current resolution
of the City Council determining the same.
Sec. 6-3.08.05 Refund of security deposit.
The security deposit shall be returned or released, without interest, upon proof to the
satisfaction of the Solid Waste Coordinator, that no less than the required percentages or
proven proportion of those percentages of the tons of construction or demolition debris
generated by the construction, remodeling or demolition project have been diverted from
landfills and have been recycled or reused. Applicants may either self -haul materials or
use the City's permitted waste hauler. Self -haulers shall comply with the permitting and
other requirements of this Chapter. The City's exclusive franchise hauler is the only
permitted waste hauler.
(a) An applicant may obtain a refund of a security deposit for a project by
complying with the following:
(1) The applicant shall file an application for a refund with the Solid
Waste Coordinator.
(2) The application shall include information demonstrating that either
the applicant has complied with the required waste reduction and recycling plan, '
or the applicant has obtained and utilized a drop off bin service for the project with
the City's exclusive, permitted franchise waste hauler.
(b) The Solid Waste Coordinator shall refund or release the security deposit for
a project when any of the following apply.
(1) The security deposit was erroneously paid or collected.
(2) The application for the permit is withdrawn or canceled before any
construction work has commenced.
(3) The minimum required diversion percentage of construction and
demolition debris generated by the project was diverted from landfill disposal.
(4) The minimum diversion requirement has not been achieved, but the
Solid Waste Coordinator determines that the applicant has made a good faith effort
to comply with the diversion requirements of this chapter and it is not practicable
or feasible for the applicant to meet the diversion requirement.
(5) The applicant has complied with and performed all the requirements
of the waste reduction and recycling plan for the project.
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(6) The applicant has obtained DOB service for the project from the
City's exclusive, permitted franchise waste hauler and used the service at the
project site continuously until completion of the project.
Sec. 6-3.08.06 Forfeiture of security deposit.
If the Solid Waste Coordinator determines that the applicant has not made a good faith
effort to comply with this chapter, or if the applicant fails to submit the documentation
required by Section 6-3.08.09, or if the applicant utilizes an unauthorized, non -permitted
waste hauler, then the security deposit shall be forfeited to the City.
Sec. 6-3.08.07 Use of forfeited security deposits.
Security deposits received by the City shall only be used for the following:
(a) Administrative costs of the construction and demolition debris recycling
program which are not covered by the application fee established pursuant to this chapter.
(b) Programs to divert construction and demolition waste from landfill disposal
and other recycling programs.
(c) Programs intended to develop or improve the infrastructure needed to divert
construction and demolition waste from landfill disposal and other recycling programs.
(d) Programs and staff for recycling implementation and education efforts.
(e) Payment of any fines levied by the California Department of Resources
Recycling Recovery (CalRecycle) or its successor for noncompliance with Integrated
Waste Management Act or other state regulatory requirements.
Sec. 6-3.08.08 Administrative fee.
As a part of any application for, and prior to the issuance of, any building or demolition
permit that involves the creation of construction and demolition debris subject to subject
to Section 6-3.08.01, every applicant shall pay to the City an application fee sufficient to
coverall City expenses incurred in administering the program. The amount of the fee shall
be determined by resolution of the City Council and may include different or higher fees
for projects subject to Section 6-3.08.02.
Sec. 6-3.08.09 Reporting.
Within sixty (60) days following the completion and finalization of a permit involving
demolition or construction, the contractor shall submit documentation to the Solid Waste
Coordinator, which proves compliance with the requirements of Section 6-3.08.01. The
documentation shall consist of a final completed "Recycling and Waste Reduction Form"
showing actual data of tonnage of materials recycled and diverted, supported by originals
or certified photocopies of receipts and weight tags or other records of measurement from
recycling companies, contractors and landfill and disposal companies. Receipts and
27
weight tags will be used to verify whether materials generated from the site have been
recycled, reused, salvaged or to otherwise disposed of. In the alternative, the permittee
may submit a letter stating that no waste or recyclable materials were generated from the
project. In which case, this statement shall be subject to verification by the Solid Waste
Coordinator. Any deposit posted pursuant to Section 6-3.08.04 shall be forfeited if the
permittee does not meet the timely reporting requirements of this section.
SEC. 6-3.09. Special solid waste and hazardous solid waste.
(a) Disposition. Generators, owners and/or possessors of special solid waste
and/or hazardous solid waste shall dispose of all special solid waste and hazardous solid
waste which they generate, own or possess in accordance with all zoning laws.
(b) Regulation. The City Manager may promulgate regulations regarding the
handling, transportation and/or disposal of special solid waste and hazardous solid waste
within the City.
(c) Placement in containers for collection. It is unlawful for any person to place
special solid waste or hazardous solid waste in the containers for regular collection of
solid waste by the exclusive solid waste enterprise or at a designated recycling collection
location.
SEC. 6-3.10. Illegal dumping, depositing and scattering of solid waste.
(a) Illegal dumping. No unauthorized person shall cause the placement of solid
waste, originating from another premises, within a waste container designated to serve
the premises for which the container has been assigned.
(b) Depositing and scattering. No person shall cast, place, sweep, or deposit
anywhere in the City any solid waste in such a manner so that it may be carried or
deposited by elements upon any street, sidewalk, alley, sewer, parkway storm drain,
stream or public place or into any premises within the City.
SEC. 6-3.11. Nuisances.
Any unauthorized accumulation of solid waste, hazardous solid waste or special solid
waste on any property or in any premises is declared to be a nuisance and shall be
prohibited.
SEC. 6-3.12. Requirements for commercial edible food generators.
(a) Tier One Commercial Edible Food Generators must comply with the
requirements of this Section 6-3.12 commencing January 1, 2022, and Tier Two
Commercial Edible Food Generators must comply commencing January 1, 2024,
pursuant to 14 CCR Section 18991.3.
(b) Large Venue or Large Event operators not providing food services, but
allowing for food to be provided by others, shall require Food Facilities operating at the
Io
Large Venue or Large Event to comply with the requirements of this Section, commencing
January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following
requirements:
(1) Arrange to recover the maximum amount of Edible Food that would
otherwise be disposed.
(2) Contract with, or enter into a written agreement with Food Recovery
Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food
Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food
Generator self -hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered
by a Food Recovery Organization or a Food Recovery Service.
(4) Allow the City's designated enforcement entity or designated third party
enforcement entity to access the premises and review records pursuant to 14 CCR
Section 18991.4.
(5) Keep records that include the following information, or as otherwise
' specified in 14 CCR Section 18991 A:
(A) A list of each Food Recovery Service or organization that collects or
receives its Edible Food pursuant to a contract or written agreement established under
14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR
Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery
Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service
or Food Recovery Organization.
(ii) The types of food that will be collected by or self -hauled to the Food
Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self -hauled.
(iv) The quantity of food, measured in pounds recovered per month, collected
or self -hauled to a Food Recovery Service or Food Recovery Organization for Food
Recovery.
' SEC. 6-3.12.01. Requirements for food recovery organizations and services.
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(a) Food Recovery Services collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement established
under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise
specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial
Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each
Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food
Recovery Organization per month.
(4) The name, address, and contact information for each Food
Recovery Organization that the Food Recovery Service transports Edible Food
to for Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly
from Commercial Edible Food Generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following records, or as
otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial I Edible Food Generator from which the organization receives Edible Food.
(2) The quantity in pounds of Edible Food received from each
Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food
Recovery Service that the organization receives Edible Food from for Food
Recovery.
(c) Food Recovery Organizations and Food Recovery Services that have their
primary address physically located in the City and contract with or have written
agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR
Section 18991.3(b) shall report to the City it is located in the total pounds of Edible Food
recovered in the previous calendar year from the Tier One and Tier Two Commercial
Edible Food Generators they have established a contract or written agreement with
pursuant to 14 CCR Section 18991.3(b) no later than March 15 annually.
(d) Food Recovery Capacity Planning. In order to support Edible Food
Recovery capacity planning assessments or other studies conducted by the County, City,
or a special district that provides solid waste collection services, or its designated entity,
Food Recovery Services and Food Recovery Organizations operating in the City shall
provide information and consultation to the City, upon request, regarding existing, or ,
proposed new or expanded, Food Recovery capacity that could be accessed by the City
and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery
0i1
' Organization contacted by the City shall respond to such request for information within
sixty (60) days, unless a shorter timeframe is otherwise specified by the City.
(e) Any records required to be maintained by this Section shall be provided to
the City upon request.
SEC. 6-3.13. Violations.
(a) Any and each violation of this chapter shall constitute a separate and
distinct offense punishable in accordance with Chapter 7 of Title 1 of this Code. The City
shall impose administrative fines for violations in the amounts and manner required by
the SB 1383 Regulations, including the issuance of a notice of violation with a sixty (60)
day cure period.
(b) In addition to the penalties herein, if violations of the provisions of this
chapter exist as to a project, the Building Official may use various administrative
measures to insure compliance. Measures available include, but are not limited to:
(1) Issuance of a building permit or a certificate of occupancy for that
project may be withheld until all such violations have been corrected;
(2) Issuance of a stop work notice, until all such violations have been
' corrected;
(3) Stopping all inspections on subject project, until all such violations
have been corrected;
(4) Other measures recommended by the City Attorney.
SEC. 6-3.14. Amendments by Resolution.
The regulations contained in this ordinance regarding organic waste materials and
recycling guidelines may be amended from time to time by City Council resolution.
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